Terms & Conditions
AFFILIATE PROGRAM TERMS AND CONDITION
Please read and review this entire agreement. This is a legally binding agreement between you (hereinafter “affiliate,” “you,” or “your”) and Chorus Global Enterprises Inc. (DBA as Chorus Supernatural) (hereinafter “Chorus,” “we,” “our,” or “us”). By filling out the Chorus Affiliate Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
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 are not limited to, changes in the scope of available commissions, referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of any changes.
To enroll in the affiliate program, you must submit an affiliate application through the www.chorussupernatural.com website and be approved. Applications are processed every business day and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
4. Affiliate URL
You will be issued a special URL once you become an approved member of the Chorus Affiliate Program which will be unique to you and you only, and will allow you to be paid commission for referred customer purchases through your affiliate URL.
Affiliates will receive 15% of the pre-tax revenue as a commission from orders placed through their individual portals. Commissions may change at the discretion of Chorus. Commissions are issued to affiliates at the end of every month. To qualify for any commissions in a given month, a minimum total sales volume of $200 CD must be reached through your affiliate portal url for that month. Sales volume is calculated on revenue, minus any taxes and shipping fees, and will re-set on the first of every month. Any of your own online product purchases through your individual portal will also count toward the $200 pre-tax monthly volume threshold and will be included in the commissionable sales total for the month in which your personal purchases are made.
For a sale to generate a commission to an Affiliate, the customer must complete the order within the referring affiliate’s portal and remit full payment for the product ordered through our secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made through an affiliate’s portal.
Chorus pays affiliates via cheque or PayPal. Cheques will be sent to the address provided by an affiliate upon sign-up. Affiliates can notify Chorus if they wish to receive commission payments via PayPal. If the PayPal email linked to an affiliate’s account changes, it is the responsibility of the affiliate to notify Chorus at firstname.lastname@example.org to ensure proper commission payments. We will only resend payments returned due to incorrect payment email addresses once.
7. Order Fulfillment
Chorus will be solely responsible for processing and fulfilling every order placed by a customer via affiliate portals, links or affiliate codes. Affiliates are not authorized to collect payments or sell any Chorus products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay, or other auction sites. Chorus will also be solely responsible for all customer service inquires.
All customers who purchase products and services through the Chorus Affiliate Program will be deemed to be customers of Chorus. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Chorus policies will always determine the price paid by the customer.
8. Qualifying Sites
Chorus reserves the right to refuse any site entry into the Chorus Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
· Promote sexually explicit materials
· Promote violence
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· Promote illegal activities
· List coupon codes or discounts that were NOT officially provided to them by Chorus. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
· Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Chorus or any other site.
9. Permitted Usage
The following are permitted uses of the Chorus brand and marketing resources
· Affiliates are permitted to use graphical banners and design resources, provided that they are provided by Chorus to that affiliate directly. The affiliate may contact Chorus at email@example.com and request a banner graphic or other images. At our sole discretion, Chorus will create and provide graphics to the affiliate directly.
10. Prohibited Usage
The following cases are prohibited and grounds for immediate termination of the affiliate account:
· Affiliates MAY NOT use the Chorus logo, logo marks or other Chorus website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Chorus.
· Affiliates MAY NOT use the term "Chorus or Chorus Supernatural" in ANY variation in their site URL or links from the auto-generated affiliate portal format: (https://chorussupernatural.com/affiliatename).
· Affiliates MAY NOT promote coupons that were not provided to them personally by Chorus. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
· Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
· Affiliates MAY NOT utilize the Chorus or Chorus Supernatural word marks for social media accounts (e.g MyChorusSupernatural on FB or Twitter)
11. Chorus Anti-Spam Policy
Chorus strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
· Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
· Messages posted to Usenet, forums, comment sections, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be aware of and respectful of forum rules. If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
· Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
· Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
· Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Chorus, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
· Account Termination: Upon the receipt of a credible complaint, a Chorus representative may investigate the complaint, and if necessary, terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Chorus’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at firstname.lastname@example.org
12. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of Chorus. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement. Affiliates are solely responsible for filing required yearly income tax returns and for accurately reporting all commissions received as part of the affiliate program. Affiliates are solely responsible for any expenses that they may incur as part of the affiliate program.
13. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Chorus or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Chorus websites, and all Chorus trademarks and logos, other Chorus marks and all other materials provided in connection with this program.
Chorus will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures, 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 the total commissions paid or payable to the affiliate under to this Agreement.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia. Venue for any dispute arising from this agreement shall be British Columbia,
You may not assign or delegate any of the rights or obligations under this Agreement without the prior written consent of Chorus, and any such attempted assignment or delegation shall be void. Chorus may assign this agreement in its sole discretion upon providing notice to you. Subject to the preceding sentence, this agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party.
If any portion of this agreement is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect. If any provision of this Agreement shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Chorus will not be liable for the consequences of any interruptions or errors.
You hereby agree to indemnify and hold harmless Chorus, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that your use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Chorus Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.