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Affilate Terms of Use

2023-06-15
  1. Definitions
    • The website https://WonderPix.siuwan.tech (the “Website”) is owned and operated by SiuWan Technology Limited (“WonderPix” or “we”).
    • “User” means any individual or entity that accesses or uses the Services.
    • “Affiliate” means you, the applicant, who applied to and was accepted into the WonderPix. Affiliate Program.
    • “Affiliate Program” means the WonderPix Affiliate Program.
    • “Commission” means the percentage of the purchase price or fixed amount Affiliate earns for facilitating the Sale of selected WonderPix products and services referred from Affiliate’s website. Specifically, commission is not earned on the purchase of store credit or coupons. But if a user redeems store credits to purchase a custom image generation service, the Affiliate will receive the commission for that purchase.
  2. Approval Or Rejection Of The Application
    • We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion.
    • You will have no legal recourse against us for the rejection of your Affiliate Program Application.
  3. Commissions
    • Commissions will be paid once a month (“Payout”) if the total commissions for the month exceed US$50. If the monthly commissions are less than $50, the amount will accumulate until the minimum threshold is met.
    • For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
    • You cannot refer yourself, and you will not receive a commission on your own accounts.
    • Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
    • The payout method is decided by WonderPix. The affiliate needs to cooperate and provide necessary account and document for receiving the payment.
    • WonderPix is responsible for the transfer fee. Affiliate is fully responsible for the taxes, insurance, labour cost and any other expenses in connection with your affiliate business. WonderPix shall not be held responsible for any costs, damages, fines, and etc.
  4. Termination
    • Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
    • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
    • Spamming (mass email, mass newsgroup posting, etc.).
    • Advertising on sites containing or promoting illegal activities. Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
    • Violation of intellectual property rights. WonderPix reserves the right to require license agreements from those who employ trademarks of WonderPix in order to protect our intellectual property rights.
    • Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with WonderPix, however, is acceptable.
    • Self referrals, fraudulent transactions, suspected Affiliate fraud.
    • In addition, WonderPix reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
    • WonderPix reserves the right not to continue the affiliate business for any business reason including but not limited to cease of the business, or sold the business to a third party. For such a decision, WonderPix should give the affiliate 60 days prior notice to terminate the Agreement.
  5. Affiliate Links
    • You may use graphic and text links both on your website and within in your email messages.
    • You may also advertise the WonderPix site in online and offline classified ads, magazines, and newspapers.
    • You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
  6. Coupon And Deal Sites
    • WonderPix occasionally offers coupon to select affiliates and to our newsletter subscribers.
    • If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon.
    • Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
    • Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
    • Affiliates may not bid on WonderPix Coupons, WonderPix Discounts or other phrases implying coupons are available.
    • Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
    • User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
    • Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
    • WonderPix reserves the right to terminate any affiliate found violating the above terms. Repeated or severe violations of the Coupon and Deal terms may result in immediate removal from the affiliate program.
  7. Pay Per Click (PPC) Policy
    • PPC bidding is NOT allowed without prior written permission.
  8. Liability
    • WonderPix will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
    • We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by WonderPix. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
  9. Term Of The Agreement
    • The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
  10. Modification Of Terms
    • The terms and conditions of this agreement may be modified by WonderPix at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
  11. Indemnification
    • Affiliate shall indemnify and hold harmless WonderPix and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by WonderPix to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
  12. Independent Relationship
    • You and WonderPix are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
  13. Electronic Signatures Effective
    • The Agreement is an electronic contract that sets out the legally binding terms of your participation in the WonderPix affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the WonderPix application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
  14. Severability
    • If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
  15. No Waiver
    • No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any right(s) or remedy under this Agreement shall not be construed as a waiver of such right(s) or remedy(s).
  16. Governing Law and Dispute Resolution
    • All clauses in this document shall be governed by the laws of Hong Kong SAR. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Hong Kong SAR.
  17. Translations
    • Some parts of the website have been translated into other languages using a translation software or services. If there is any inconsistency or ambiguity between the English version and the translated version, the English version shall prevail.
    • To ensure clarity and prevent potential misunderstandings arising from translated versions, we provide this document solely in English.
  18. Contact Information
    • If you have any questions or suggestions about this document, please contact us at: affiliate@siuwan.tech
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