Affiliate Program Agreement

This Affiliate Program Agreement ("Agreement") contains the terms and conditions that govern your participation in the Affiliate Program ("Program"). "We", "us", "our" or "our site" means kukuhub.com and "You", "your", or "affiliate" means the applicant of our program. "Your site" means any site(s), any platform(s), any mobile application(s) and any software application(s) that you link to our site. "Advertising Fees" means commissions earned for a successful and verified sale of product by a customer using your referral link.

By submitting your application indicating that you agree to the terms and conditions of this Agreement, or by continuing to participate in the program following our posting of a change notice, revised Agreement, or revised operational documentation on our site, you (a) agree to be bound by this Agreement; (b) acknowledge and agree that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement; and (c) hereby represent and warrant that you are lawfully able to enter into contracts and that you are and will remain in complicance with this Agreement.

 

1. Description of the Program

The purpose of the Program is to permit you to advertise our Products on your site and to earn Advertising Fees for Qualifying Purchases made by your end users. The Product is any item sold via your affiliate link. In order to faciliate your advertisement of Products, we may make available to your data, images, text, link formats, links, and other information in connection with the Program.

 

2. Links

"Special Links" are links to our site that you place on your site in accordance with this Affiliate Agreement, that properly utilize the special "tagged" link formats that we provide. Special Links permit tracking, reporting, and accrual of advertising fees.

You may earn advertising fees only as described in Section 5 and only with respect to activity on our site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to our site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Agreement.

If you provide a Special Link to acquaintances by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Affiliate represents that he/she has their prior consent.

Bulk email distribution, distribution to strangers, or any other promotion of a Special Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in KUKUHUB's sole discretion is expressly prohibited and may be grounds for termination of the your account and deactivation of the Special Link.

You are the actual sender of the emails and must comply with applicable law. An affiliate who does not comply with the law, including anti-spam laws, shall indemnify KUKUHUB against any liabilities, costs and expenses it incurs as a result of such spam.

 

3. Requirements

By participating in the Program, you agree that you will comply with the Affiliate Program Requirements and all pages, schedules, policies, guidelines, and other materials referenced in this Agreement.

You will provide us with any information that we request to verify your compliance with this Agreement. If we determine that you have not complied with any requirement or restriction described on the Requirement or that you have otherwise violated this Agreement, we may: (a) withhold any advertising fees payble to you under this Agreement; (b) close any other accounts you may have or may open in the future, without payment of any advertising fees; (c) undertake all of the above actions.

In addition, you hereby consent to us: (a) sending you emails relating to the Program from time to time; (b) monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links in accordance with the Privacy Notice.

 

4. Advertising Fees

We encourage and appreciate everyone who spreads the word about our Products. For as long as you continue to be an Affiliate while this agreement is in place, Affiliates are paid a specific percentage or dollar amount, for each confirmed paid recommendation they or their referrals make that is not canceled or refunded and each.

New affiliates who join our Program through your Special Link and advertise our Product name sub-affiliate. A commission will be paid to you at a flat rate of 2% per order placed by sub-affiliate's referrals, while sub-affiliate will be paid a specific percentage for each qualifying purchase subject to the description above in this Agreement. Only two tiers of affiliates and a tier of customers are involved in a payable affiliate relationship.

 

We will pay you advertising fees on Qualifying Purchases, which occurs when:

a. a customer visit KUKUHUB site via the special link from your site;

b. the customer adds a product to the cart and places the order;

c. the product is paid for by and shipped to the customer;

d. the product is shipped.

 

A session begins when a customer clicks through a special link and ends upon to occur of the following:

a. 24 hours passes from that click;

b. the customer places an order for a Product;

c. the customer follows another Special Link to the Site that is not your Special Link.

 

Qualifying Purchases exclude the following circumstancesand which will be be paid for advertising fess on any of:

a. any Product that, after expiration of the applicable session, is added to a customer's cart, even is the customer previously followed a Special Link to our site;

b. any Product purchase that is not correctly tracked or reported because the links are not properly formatted;

c. any Product purchased for resale or commercial use of any kind;

d. any Product order where a cancellation, return, or refund has been initiated.

 

The Advertising Fee for each Qualifying Purchase is equal to the amount we actually receive less any shipping charges, gift-wrapping fees, handling fees, taxes (e.g., sales tax and VAT), service charges, credits, rebates, credit card processing fees, and bad debt.

In the event a customer requests a refund for his/her order for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance. If we make an excess payment to you for any reason, we reserve the right to adjust or offset it against any subsequent Advertising Fees payable to you under this Agreement.

 

5. Advertising Fee Payment

We will pay you advertising fees for Qualifying Purchases upon your application in the user center, subject to any applicable withholdings or deductions described below.

There are three payment options that we can offer: (a)PayPal, (b)Amazon Shopping Card, and (c) KUKU Credit. Payment processing for due payments may take up to 5 business days from the time of payment application for PayPal and Amazon Shopping Card. Payment can be made immediately if you choose the KUKU Credit for your order. Payments may be delayed if there are fraudulent signups associated with an affiliate or if there is suspicious activity.

A valid PayPal email account that is able to receive funds is required for PayPal back commissions. Balances less than $20 will remain in your account until the minimum requirement is met, in which commissions will then be paid to you in accordance to our payout process.

The minImum payout amount for an Amazon Shipping Card is $5. The commissions will be split into two cards if the amount exceeds $2000.

You are required to provide accurate and valid information for commissions payment. We are not responsible for any losses incurred caused by incorrect information.

If we make an excess payment to you for any reason, we reserve the right to adjust or offset it against any subsequent commission income payable to you under the Agreement.

 

6. Policies and Pricing

Customers who purchase products through this Program are customers of our site with respect to all activities they undertake in connecntion with the our site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer servie, and product sales set forth on our site will apply to those customers, and the same may be changed at any time. No referral comes with a minimum payment guarantee.

 

7. Identifying Yourself as an Associate

You will not issue any press release or make any other public communication with respect to this Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, ro contribute to any charity or other cause).

You mush, however, clearly state the affiliate relationship on your post / site.

 

8. Limited License

Subject to the terms of this License and solely for the limited purposes of participation in the Affiliate Program in strict compliance with the Terms of Use (including this License and the other Operational Documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Product Advertising Content solely on your site; (b) use only those of the KUKUHUB Marks we make available to you as part of the Product Advertising Content solely on your site.

Affiliates are permitted to use the KUKUHUB brand and marketing resources available on the media kit. Logos cannot be modified. The affiliate does not gain any trademark, copyright or any other rights to these materials, nor can they represent themselves as KUKUHUB or an employee of KUKUHUB, legally or otherwise, unless they actually are associted with KUKUHUB in way they claim to be associated.

 

9. Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the slope of the Advertising Fees, Advertising Fee schedule, payment procedures, and other Program requirement.

 

10. Termination

We may suspend your account at any time should you be in breach of these terms and conditions. We may terminate this Agreement and your Account at any time if: (a) you are in breach of the terms of this Agreement; (b) we suspect that you are about to commit a breach of this Agreement.

If we suspend your account or access to the website for any reason we may refuse to provide you with any services or the right to receive any Rewards. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate this Agreement and any existing Account you may have.

We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). If when we terminate this agreement you are still in possession of any Rewards which you have yet to redeem we reserve the right to suspend your ability to redeem such Rewards.

 

11. Spam

Affiliates are solely responsible for their own advertising, which must be accurate and not misleading. We have no obligation to monitor the content provided on your site. However, we may choose to do so and prohibit any use of the Program.

 

12. Limitation of Liability

We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profit, use, or data) arising in connection with this Affiliate Agreement or the Program, even if we have been advised of the possibility of those damages.