Terms of Use and Privacy Statement
Agreement
This contract (“The Agreement”) sets forth the terms and conditions of the affiliate relationship between this site the brand SKKULPT® and its owners CIRCE CARE & CIRCE GROUP FZC LLC (“Company” or “we”) and the party requesting enrollment (“Affiliate” or “you”).
Enrollment
By providing their information and agreeing to these terms Affiliate requests enrollment in Company’s affiliate program. Company reserves the right to refuse enrollment for any reason. Company is not required to notify Affiliate if enrolment has been denied, or to provide any explanation.
Tracking
Company will track referred users (“Referrals” or “Customers”) on the basis of additional information added to the URL, and/or the referring URL. Referrral may be tracked using , cookies, IP address, and/or other technologies. Affiliate accepts that tracking of referrals is inherently inaccurate. Affiliate accepts that they may not receive credit for referrals who have disabled Flash, cookies, or , or who in some other way interfere with the normal operation of tracking code. Company may also cancel any transaction, including all commissions owed to Affiliate for any reason, including duplicate transactions, suspicious or fraudulent transactions, order returns, or incorrectly assigned transactions, even if the transaction was tracked automatically by the code.
Links
Company may provide Affiliate with links, banners, text, multimedia content, or other snippets (collectively “ADS” or “Links”) to use when promoting Company’s product(s). Affiliate must ensure that each of the links between Affiliate’ Site and Company’s Site properly uses such special link formats. Company will not be liable to you with respect to any failure by you to use Special Links, 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.
Referral Fees
Company will pay Affiliate referral fees on certain product sales to customers as provided in Section 4. For a product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your Site to our Site, select and purchase the product using our online ordering system, accept delivery of the product at the shipping destination, and remit full payment to us (“Qualifying Purchase”). Purchases of SKKULPT Gift Cards should they exist are not eligible to earn referral fees. Affiliate may not purchase products during sessions initiated through the referral links on Affiliate’s Site for own use, resale, or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by Affiliate or Affiliate’s friends, relatives or associates in any manner. Such purchases may result, at Company’s sole discretion, in the withholding of referral fees or the termination of this Agreement.
Payment
Company will pay Affiliate commissions every month, after the 1st day of a month, for commissions generated up to the last day of a previous month. Affiliate must be owed $20 or equivalent , or the minimum payout threshold selected in Affiliate’s account options, to be able to receive payment. Affiliates can be paid by paypal or direct bank transfer.
Order Processing
Company will process product orders placed by customers who follow Links from Affiliate’s Site to Company’s Site. Company reserves the right to reject orders that do not comply with any and all requirements that we periodically may establish. Company will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase products using Special Links from your Site to our Site and will be solely responsible for making available to you reports summarizing this sales activity through the Affiliate Dashboard and login. The form, content and frequency of the reports may vary from time to time at Company’s discretion. Affiliate hereby agrees not to disclose the information contained in these reports to any third party without prior written consent from CIRCE Group FZC LLC.
Customers, customer sales, and customer information
Affiliate grants that Referral is the customer of Company. We may attempt to sell additional goods or services to Referral at any time, for any reason. Company will own all right, title and interest (including all intellectual property rights) in and to all information that is created or collected in connection with this Agreement, including, without limitation, (a) any contact information collected from any customer who enters the Skkulpt.com Site from a link from your Site (“Affiliate Customers”) and (b) any information regarding click-through rates or product purchases by Affiliate Customers (“Sales Information”). Subject to the terms and conditions of this Agreement, Skkulpt.com grants you a limited worldwide, non-exclusive royalty-free license to use the Sales Information to the extent necessary to fulfill your obligations under this Agreement or for your internal research purposes. You agree not to disclose any Sales Information or Affiliate Customer contact information to any third party without Circe Group FZC LLC’s, prior written approval. You agree not to send Affiliate Customers email communications promoting your Site as an affiliate of CIRCE Group FZC LLC or Skkulpt or other brands owned by Company, or otherwise unless granted previous approval by CIRCE Group FZC LLC. Affiliate agrees to maintain and adhere to Your privacy policy, as posted and updated on your site.
Pay Per Click Advertising (PPC)
Affiliates may promote Company’s websites using PPC campaigns in various search engines. Affiliates run their affiliate PPC campaigns at their own risk and are solely responsible for funding these PPC campaigns. Affiliates must adhere to search engine company’s Terms and Conditions. Affiliates are not permitted to use the Company’s trademarks or website names or domains in any paid search activity, whether this is in ad text, copy or display URLs.
Affiliates are not permitted to bid or appear on keywords that include our trademarks, website names and their domains, as well as their misspellings. Examples of forbidden keywords: Skkulpt, Skkulpt.com, Skulpt, Skulpt.com, Skkulpt shapewear, CIRCE Group FZC LLC, CIRCE CARE etc.
License
Ads may contain copyrighted material, trademarks, or other intellectual property. Unless otherwise noted, Affiliate is authorized to use Ads and the content in them for the sole purpose of promoting Company’s product(s). THE AGREEMENT in no way implies an exclusive license to intellectual property, license to create or display derivative works, or a license to use any material for any purpose other than promotion of Skkulpt product(s).
Duration
THE AGREEMENT may be terminated at any time by either party by notifying the other party in writing, or via email. Upon termination Affiliate will be paid any commissions owed. Upon termination, Company will no longer pay Affiliate any commission for visitors sent, even if Company continues to track Affiliate’s Referrals.
Modification
Company may change this agreement at any time by posting a new agreement here. Affiliate’s continued use of the referral tracking system shall constitute agreement to the new terms. If Affiliate chooses not to accept the new terms, Affiliate may terminate THE AGREEMENT as set forth above.
Additional software usage and Framing
Affiliate may NOT utilize in connection with Affiliate’s Site or the promotion of Company’s Site: (a) any framing technology that frames Skkulpt.com; (b) any software that gathers information through the customer’s Internet connection without his or her knowledge; (c) any software or action that violates any applicable federal, state or local laws, including without limitation, laws which prohibit a person or company from (i) installing spyware on another person’s computer, (ii) causing spyware to be installed on another person’s computer, or (iii) using a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet website in a way that interferes with a user’s ability to view the Internet website, or (d) browser-embedded contextual targeting applications or other applications which serve “Advertising” on Skkulpt’s competitors Sites or on any other Site other than Affiliate’s Site. “Advertising” means (i) pop-up ads and pop-unders, (ii) in-browser ads, and (iii) highlighting of Site content and redirecting to Sites with similar content, regardless of whether any such Advertising is served directly by you or is provided or purchased from a third-party purchaser;(e) any “opt-out downloads”. An “opt-out download” is any software, program, script, tool or element that would automatically download to a user’s computer or that would become operative when the user accesses the Internet unless the user takes affirmative action to prevent the download.
Relationship of Parties
Both Company and Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Affiliate will have no authority to make or accept any offers or representations on Company’s behalf. Affiliate will not make any statement, whether on Affiliate’s Site or otherwise, that reasonably would contradict anything in this Section.Assignment and Successors.Affiliate 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.
Governing Law, Jurisdiction, and Venue.
This Agreement will be governed by the laws of the United Arab Emirates & India, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought only in the federal or state courts located in UAE and India and you irrevocably consent to the jurisdiction of such courts. Company’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Company’s right to subsequently enforce such provision or any other provision of this Agreement. The failure of either party to enforce any right or remedy shall not be deemed a waiver of said right or remedy.
Limitation of Liability
Company will not be liable for indirect, special or consequential damages arising in connection with this Agreement, even if Company has been advised of the possibility of such damages. Further, Company’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Affiliate under this Agreement. All claims made hereunder by Affiliate against Company shall be made within 120 days of the act or omission, which forms the basis of such claims.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.