BIZSKIT Online Marketplace Affiliate Program

Terms of Service

(Last updated 3rd October 2021)

Agreement

By signing up to be an Affiliate in the BIZSKIT Online Marketplace Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). BIZSKIT Online Marketplace reserves the right to vary, amend, modify, update or change the Terms of Service from time to time without notice. New features that augment or enhance the current Program, including the release of new tools and resources, may be included into the Terms of Service, from time to time. Your continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

This Agreement is to be read in conjunction with and in compliance to Bizskit Online Marketplace Terms and Conditions, Privacy Policy and all other Notices that appears on the Site and/or that may be posted from time to time.

This Affiliate Program is specifically ONLY applicable to NEW PRODUCTS category ( and/or any other category/products that may be added from time to time) as appears on BIZSKIT Online Marketplace and EXPRESSLY excludes all other categories/products.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • We reserve the full right to refuse/withhold/cancel any commission payable if there is any discrepancy. Our decision is FINAL and no reason may be given.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. BIZSKIT Online Marketplace cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own BIZSKIT Online Marketplace Vendor product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to BIZSKIT Online Marketplace. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the BIZSKIT Online Marketplace. You must ensure that each of the links between your site and the BIZSKIT Online Marketplace properly utilizes such special link formats.

Links to the BIZSKIT Online Marketplace placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a BIZSKIT Online Marketplace product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For every successful Completed Order, we will be paying 3% of the Checkout Amount paid by your Customer (excluding taxes and Shipping Fees-where applicable). The Completed Order must be fully paid, delivered and without dispute/return/exchange by the Customer to be eligible to count as affiliate earning.

From time to time, we may run promotions for certain periods of time to increase the referral commission by an additional 3% to 6%! This will be communicated to you via email whenever we launch such promotions.

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to NEW PRODUCTS only on https://bizskit.com.my and complete an order for a product during that session. We will only pay commissions on links that are automatically tracked and reported BY AND ON our systems ONLY.

Our system may place a cookie for tracking purposes. The validity of such cookie will be for 30 days and any sales within that period will be attributed to the affiliate. If the User/Customer does not accept the cookie settings or views our Site in incognito mode (or similar), we will not be able to track and affiliate may not be able to earn any affiliate fee/commission/payment. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

For the avoidance of doubt, cookie settings are preset to identify the LATEST origin affiliate link to attribute the sale order. If Customer views our Site using your link today but does not purchase anything, but comes back to our Site using ANOTHER affiliate link, the sale order will be attributed to the OTHER LATER affiliate link.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once you’ve earned more than RM60 in affiliate income. If your affiliate account never crosses the RM60 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the RM60 threshold.

Identifying yourself as a BIZSKIT Online Marketplace Affiliate

You may not issue any statement or press release on any media with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program.

In addition, you MAY NOT in any manner misrepresent or embellish the relationship between us and you OR say you develop our products OR say you are part of BIZSKIT Online Marketplace or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause which is expressly prohibited).

You are to indemnify and keep indemnified BIZSKIT Online Marketplace and/or Bizskit Ecommerce Technologies PLT at all times against any or all action as a result of your breach of the foregoing.

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

Payment of Affiliate earning will only be calculated 45 (Forty-five) days AFTER the said Order has been Completed and there are no disputes/returns/exchange from the Customer. If there is any dispute/return/exchange from the particular Order, affiliate earning will be excluded and be put into PENDING status until full resolution of the Order.

Once an Order has been completed AND AFTER 45 (Forty-five) days has elapsed, affiliate earning will be paid out the next 30 (Thirty) days, subject to a minimum of RM60. As long as your current affiliate earning are over RM60, you’ll be paid each month. If you haven’t earned RM60 since your last payment, we will pay you the following month after you have crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Products and/or prices displayed are on “while stocks last” basis, may not be timely updated and subject to confirmation of Order by Us. We are NOT OBLIGATED to fulfil and/or accept any of the Sale Order.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will be solely responsible for:

– The technical operation of your site and all related equipment

– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)

– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)

– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

– Ensuring that materials posted on your site are not libelous or otherwise illegal

– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that at all times while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://bizskit.com.my, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. BIZSKIT Online Marketplace reserves the right to end the Program at any time. Upon program termination, BIZSKIT Online Marketplace will pay any outstanding earnings accrued above RM60.

Termination

BIZSKIT Online Marketplace, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other BIZSKIT Online Marketplace service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. BIZSKIT Online Marketplace reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed Ringgit Malaysia Sixty Only (RM60) to you under this Agreement. Nowhere shall it be construed as any admission of liability by Us to you in any manner or form.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the BIZSKIT Online Marketplace will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Legal Jurisdiction

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be subject to the Courts of Malaysia and all prevailing Laws of Malaysia for the time being in force.

Except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Notice is hereby given that we will aggressively pursue any form of intellectual rights infringement by you.

Any action to be initiated shall be only between you and Us ONLY as parties to this Agreement and specifically excludes any other party/ies and/or specifically excludes any form of class action in any manner or form.

Miscellaneous

This Agreement will be governed by the laws of Malaysia.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of BIZSKIT Online Marketplace to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BIZSKIT Online Marketplace and govern your use of the Service, superceding any prior agreements between you and BIZSKIT Online Marketplace (including, but not limited to, any prior versions of the Terms of Service).

Headings and paragraphs are for ease of reading. All content, sentences are to be interpreted in its direct and literal meaning.

You are to indemnify and keep indemnified BIZSKIT Online Marketplace and/or Bizskit Ecommerce Technologies PLT at all times against any or all action as a result of any of your breach of this Agreement.

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