This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ENSO Matcha’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and/ or Social media Account and the ENSO Matcha website using vwa.la Shopify App. Please note that throughout this Agreement, "we," "us," and "our" refer to ENSO Matcha, and "you," "your," and "yours" refer to the affiliate.
2. AFFILIATE OBLIGATIONS
2.1. To begin the enrolment process, you will complete and submit the online application at the Vwa.la server. We may reject your application at our sole discretion. We may cancel your application if we determine that your site or online presence is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on (including but not limited to) race, sex, religion, nationality, disability, weight, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are ENSO Matcha or any other affiliated business.
2.2. As a member of ENSO Matcha's Affiliate Program, you will have access to Affiliate Account Manager through vwa.la. Here you will be able to review our Program’s details and previously published affiliate newsletters, download HTML code (that provides for links to web pages within ENSO Matcha's web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. We reserve the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. ENSO Matcha's RIGHTS AND OBLIGATIONS
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in ENSO Matcha's Affiliate Program.
3.2. ENSO Matcha reserves the right to terminate this Agreement and your participation in the ENSO Matcha Affiliate Program immediately and without notice to you should you commit fraud in your use of the ENSO Matcha Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, ENSO Matcha shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and ENSO Matcha's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in ENSO Matcha's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
ENSO Matcha uses a third party to handle all of the tracking and payment. The third party is the vwa.la affiliate network. Kindly review the network’s payment terms and conditions.
7. ACCESS TO AFFILIATE ACCOUNT INTERFACE
You will create a password so that you may enter vwa.la secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. PROMOTION RESTRICTIONS
8.1. You are free to promote your own web sites, but naturally any promotion that mentions ENSO Matcha could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by ENSO Matcha. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote ENSO Matcha so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote ENSO Matcha so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from ENSO Matcha. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the ENSO Matcha Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.