To be an authorized affiliate of Affiliate2day, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Affiliate2day service as an affiliate. By signing up for Affiliate2day program, you indicate that you have read and accepted this agreement and its terms and conditions.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Be Happy International ("BH Intl") Affiliate Program (the "Program"). As used in this Agreement, "Company" refers to Be Happy International (Behappy2day.com and Asiansingles2day.com) and "Affiliate" or "he/she" refers the applicant. "Site(s)" stands for a World Wide Web site(s) and, depending on the context, refers either to Be Happy International ("BH Intl")'s site(s) located at the URL Behappy2day.com and Asiansingles2day.com.
1. Enrollment in the Program
To begin the enrollment process, Affiliate is to submit a complete Program application via Company’s site. An account is activated immediately. Affiliate will also receive a piece of HTML which should be place on the Affiliate’s site(s) page(s).
Company will evaluate the application in good faith and can reject it if Affiliate’s site is unsuitable for the Program. Unsuitable sites include those that:
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- violate intellectual property rights
- provide pornographic/nude contents
If Company rejects the application, Affiliate is welcome to reapply to the Program anytime. Note that if Company accepts the application and Affiliate’s site is thereafter determined to be unsuitable for the Program, Company can terminate this Agreement.
2. Order Processing
Company will process Product orders placed by customers who follow Special Links from Affiliate’s site to Company’s site. Company reserves the right to reject orders that do not comply with any requirements that are established in case of any amendments, Affiliate is to be notified thereafter. Company will be responsible for all aspects of order processing and fulfillment. Among other things, Company will prepare order forms, process payments, cancellations, and returns, and handle customer service. Company will track sales made to customers who purchase Products and Services using Special Links from Affiliate’s site to Company’s site and will make available reports summarizing these sales activities to Affiliate. The form, content, and frequency of the reports may vary from time to time in Company’s discretion.
3. Marketing Materials/Tools
In order to organize accurate tracking, reporting, and proper commission accrual, Company will provide Affiliate with a special HTML code to be used in all links between Affiliate’s site and Company’s site. Affiliate must ensure that each of the links between Affiliate’s site and Company’s site properly utilizes such special link formats. Links to Company’s site placed on Affiliate’s site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." Affiliate will only earn commissions with respect to activity on Company’s site occurring directly through Special Links: Company will not be liable to Affiliate with respect to any Affiliate’s failure to use Special Links, including to the extent that such failure may result in any reduction of payments which would otherwise be paid to Affiliate pursuant to this Agreement. Special Links functioning is based on "cookies". The system is unable to track the sales when the user's "cookies" are switched off. If visitor's cookies are off he will not be recorded as Affiliate’s referral and Affiliate will not receive any commission from visitor’s actions.
4. Programs and Commission
Company will pay Affiliate commissions depending on Affiliate’s Program. Company has three Programs to offer.
- Pay per First Order. Commission amounts to $150-$250 for the First Orders of Affiliate’s referrals.
- Pay per Lead. Commission amounts to $6 - $8 for every signed-up client meeting targeting requirements of the Company.
- Pay per Sale. Affiliate gets a $25 welcome bonus for joining this program. Affiliate will also get 25% of each order that his/her clients place.
Commission is to be paid if no of the following restrictions have been violated:
- No incentives
- No spam in social nets
- No banners/links to the Company’s sites on resources with pornographic/nude contents
- No proxy/female registrations
- No registrations with similar IP
Approximately 2 days following the end of each month, Company will make a wire/PayPal transfer to payout Affiliate’s commission less any taxes that Company is required to withhold by law. However, if the commission due is less than $50 at the end of the month, Company is to hold the payout until the total amount due reaches $50 or until this Agreement is terminated. If Product or Service that generated a commission is charged back by the customer, Company will deduct the corresponding amount from the Affiliate’s next month commission. If there is no subsequent commission, Company will send Affiliate a bill for the recovery of losses.
Affiliate will be solely responsible for the development, operation, and maintenance of his/her site and for all materials that appear on his/her site. For example, Affiliate will be solely responsible for:
- the technical operation of the site and all related equipment
- posting Special Links on the site and linking those descriptions to Company’s catalog
- the accuracy and appropriateness of materials posted on Affiliate’s site (including, among other things, all Product-related materials) ensuring that materials posted on Affiliate’s site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights, etc.)
- ensuring that materials posted on Affiliate’s site are not libelous or otherwise illegal
Company disclaims all liability for these matters. Further, you will indemnify and hold Company harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the Affiliate’s site.
Absolutely no spam on the search engines, news groups or mailing lists. Spamming will be cause for legal action. Furthermore, Be Happy International will not pay for any commission listed for that Host site. No bulk mail, mass mail, unsolicited mail etc. Such actions will be cause for legal action. E-mailing to Opt-in lists is acceptable and encouraged.
Company 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 Company have been advised of the possibility of such damages. Further, the Company’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to Affiliate under this Agreement
6. Term and Conditions
The term of this Agreement will begin upon the Company’s acceptance of the Affiliate’s Program application and will end when terminated by either party. Either Affiliate or Company may terminate this Agreement anytime, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, Affiliate will immediately cease use of, and remove from his/her site, all links to the Company’s sites, and all Be Happy International (Behappy2day.com and Asiansingles2day.com) trademarks, trade dress and logos, and all other materials provided by or on behalf of Company to Affiliate pursuant hereto or in connection with the Program. Affiliate is only eligible to earn commissions occurring during the term, and those earned through the date of termination will remain payable only if the related orders are not canceled or returned. Company can withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
Company may modify any of the terms and conditions contained in this Agreement, at any time and in Company’s sole discretion, by posting a change notice or a new agreement on Company’s site. Modifications may include, for example, changes of available Programs, payout schedules and payment procedures.
Company makes 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, Company gives no warranties that the operation of the Company’s site will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruptions or errors.
9. Independent Investigation
AFFILIATE ACKNOWLEDGE THAT HE/SHE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS THAT COMPANY MAY (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ANYTIME ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE’S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of Missouri, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Missouri, and Affiliate irrevocably consents to the jurisdiction of such courts. Affiliate may not assign this Agreement, by operation of law or otherwise, without the Company’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. 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.