|Conversion action||Online purchase with processed valid payment|
|Cookie days||14 day(s)|
|Commission type||Percent of Sale|
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS
AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND TO EVERY
TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an ambassador (an "Ambassador") in Beysis’ Ambassador Program. The purpose of this Agreement is to allow HTML linking between your social profile, Youtube channel, EDM content or website and the www.beysis.com website (the "Site"). Beysis’ Ambassador Program is a product for individuals and companies who sign up and agree to help market Beysis’ products in exchange for earning a commission. Ambassadors may share information about Beysis with their audiences/customers using social media, web/blog posts, newsletters,
emails, and other forms of interaction. The website of the Ambassador uses a link (generated via Refersion, Beysis’ selected Ambassador platform) to direct the Ambassador's audience to the Site. Upon visiting the Site, referred users are identified with a cookie. A qualifying purchase made by a user within 14 days of first visiting the Site results in a commission earned by the Ambassador. Please note that throughout this Agreement, "we," "us," and "our" refer to Beysis, and "you," and "your" refer to the Ambassador.
2. Ambassador Obligations
application for any reason. If your application is approved, you are automatically assigned a referral link which is auto-generated by Refersion.
Please note that we may cancel your application or your status as an Ambassador at any time and for any reason, including without limitation, if we determine that your site:
(i) promotes sexually explicit materials;
(ii) promotes violence;
(iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(iv) promotes illegal activities;
(v) incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
(vi) includes "Beysis" or variations or misspellings thereof in its domain name; or
(vii) is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion; or
(viii) passes off or misleads a reasonable consumer that it represents, is a subsidiary of, an affiliate of or is otherwise a part of Beysis itself; or
(ix) contains software downloads that potentially enable diversions of commission from other Ambassadors in our program.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our Site nor design your website in a manner which leads customers to believe you are Beysis or any other business affiliated with Beysis.
3. Beysis Rights and Obligations
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 Ambassador link we provide you with. Beysis reserves the right, at any time, to review your placement and approve the use of any links from your site to our Site. The maintenance and the updating of your website, posts or content will be your responsibility. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website and social channels. We have the right to monitor your posts, content and website 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 the Site are appropriate. If you do not make the changes to your posts
or website that we feel are necessary, we reserve the right to terminate your participation in the Beysis Ambassador Program. This Agreement will begin upon our acceptance of your Ambassador application, and will continue unless terminated hereunder.
Either you or we may end this Agreement at any time and for any reason, with or without cause, by giving the other party written notice. Written notice can be in the form of mail (Beysis, Suite 308/50 Holt Street Surry Hills, NSW 2010) or email to [email protected] In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. In all events, Sections 8, 10, 11, 12, 13, 14 and 15 will survive termination of this Agreement.
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 Beysis’ Ambassador Program rules. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in Beysis’ Ambassador Program following the posting of the change notice or new Agreement on our Site will indicate your agreement to the changes.
When a visitor to your post or website uses your Ambassador identifier (unique referral URL or promotion code) to access the Site, a cookie is set in their browser that identifies you as the referring Ambassador. Also the user's IP address is tracked. If within a designated time frame (14 days unless otherwise changed by Beysis pursuant to the terms of this Agreement) the user decides to
buy a qualifying Beysis product, Refersion will look for this cookie and/or try to match the user's IP address so as to identify you as the Ambassador to be awarded a commission.
Note that in order for a user's sales to be tracked to a certain Ambassador, the user must purchase the Beysis product using the same computer and browser that was used to initially click on the Ambassador link from the Ambassador's web site. Also, the user must not have cleared or reset its cookies.
Beysis pays a flat commission of 15% on all sales (excluding taxes and shipping). Commissions will show up in your account with Refersion. Commissions are paid each time your total unpaid commission balance reaches $50.00 or monthly if your commissions balance exceeds $50.00 per month. Every time a qualifying sale is associated with your Ambassador link or promotion code, you will earn a commission.
7. Access to Ambassador Account Interface
When you submit an Ambassador application, you are also signing up for a Refersion Ambassador account. With this account, you may view your account activity and account details (via the Refersion Ambassador Dashboard).
8. Promotion Restrictions
You are free to promote your own websites, but naturally any promotion that mentions Beysis 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 Beysis. 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 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, or that violates any applicable local, state or federal law. You may use mailings to customers to promote Beysis 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 Beysis 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 Beysis. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.
Ambassadors that own or bid on keywords that are identical to or confusingly similar to Beysis or any of our product names will be considered trademark violators, and will be banned from Beysis’ Ambassador Program. We will do everything possible to contact you prior to the ban. However, we reserve the right to expel any trademark violator from our Ambassador Program without prior notice, and on the first occurrence of any behavior that suggests trademark infringement.
Beysis will provide creative digital assets with the Beysis logo and marketing information that Ambassadors are allowed to place on their websites, in newsletters and emails or on printed marketing collateral.
9. Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) include links to our Site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorise for such
purpose. You are only entitled to use the Licensed Materials to the extent that you are in compliance with the terms of this Agreement. You agree that all use of the Licensed Materials will be on behalf of Beysis and the goodwill associated therewith will inure to the sole benefit of Beysis. Other than the license granted in this Agreement, Beysis retains all right, title, and interest in and to its respective intellectual property rights and no right, title, or interest in such rights is transferred to you.
We make no express or implied representations or warranties regarding the Beysis ambassador program, the Site, or the products or services provided therein. any implied warranties of merchantability, fitness for a particular purpose, or non-infringement are expressly disclaimed and excluded to the extent permitted by law. In addition, we make no representation that the operation of our Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
11. Representations and Warranties
You represent and warrant that:
(i) this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and
(ii) you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement.
12. Limitations of Liability
In no circumstance we will be liable to you under this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Beysis’ cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees then-owed to you under this Agreement.
You hereby agree to indemnify and hold harmless Beysis, its subsidiaries, directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal 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 misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein;
(ii) any claim related to your web site, including, without limitation, content therein not attributable to us; or
(iii) your breach of this Agreement.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the New South Wales Australia. Any dispute or claim arising out of, or in connection with, the Agreement shall be finally settled in the jurisdiction of New South Wales.
This Agreement sets forth the entire agreement between you and us pertaining to the Ambassador Program. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.
Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or consent.
Our delay or failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement does not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under this Agreement, be deemed to be an agent or employee of the other, and neither you nor we have the authority to bind the other under any contract, agreement, or otherwise.
We shall not be liable for any failure to perform any of our obligations under this Agreement if the performance is prevented, hindered or delayed due to any cause beyond the reasonable control of Beysis including, without limitation, unavailability of any communication system, breach or virus in the processes, sabotage, fire, flood, explosion, acts of nature, civil commotion, riots, insurrection, war, acts of government, etc.