Last updated: May 30, 2019
The Affiliate Program enables any member of the ECC Affiliate Program with a confirmed profile (an “Аffiliate”) to be rewarded for purchases made by his/her Users. Every Affiliate is assigned a unique code (a “Reference ID”). An “Affiliation Link” is an internet hyperlink or web link pointing to the Website that contains an Аffiliate’s Reference ID. A “User” is anyone who buys content on the Website after acting upon a recommendation made by an Affiliate, and clicking on an Affiliation Link. An “Affiliate Cookie” is a web browser cookie left on a User’s web browser by the Website in response to the User’s clicking through an Affiliate’s Affiliation Link.
Rules of the Affiliate Program
If You refer a User to the Website, and the User clicks through Your Affiliation Link to the Website, thereby identifying You as the Affiliate via Your Reference ID, Your account will be credited as a commissionable account. User fees, as described below, will be credited to Your account.
The Affiliate relationship between an Affiliate and its User is activated the first time the User clicks on the Affiliation Link. If the User makes a purchase within 90 days of the Affiliate activation, the Affiliate will be rewarded with a commission on said purchases by this User. If the User makes no purchase during this 90-day period, the relationship between the Affiliate and the User will expire.
When a User clicks on an Affiliate’s link, the Website attempts to store an Affiliate Cookie on the User’s web browser. If the User’s browser does not accept cookies, or if the Affiliate Cookie is removed or has expired, the User will not be identified as Your User. In order for Users to be recognized as Your Users, and for User fees to accrue, Users must have an unexpired Affiliate Cookie in their browser when they complete their purchases.
An Affiliate’s revenues are held in an account exclusively for their Affiliate Program commissions, and are calculated as a percentage of the ECC commission on each purchase made by the User. The Affiliates may receive revenues from an unlimited number of Users into their Affiliate Program account.
The revenue percentage is 20% of an each transaction – less any applicable fees (shipping cost not included). The Affiliate earns a commission for each purchase on the Website made by the User. This means that the Affiliate will continue to receive a commission payment each month as their referral customers make purchases on ECC website via their direct links.
The Affiliate commission payment will be issued in United States Dollars (US$) through the PayPal payment method. If ECC makes an overpayment of commissions to the Affiliate for any reason, ECC reserves the right to deduct the amount of such overpayment from the Affiliate’s account and/or to require the immediate repayment of such overpaid Affiliate commissions.
ECC may modify reward percentages and/or payment schedules at any time and notify the Affiliate by an posting the modified percentages or schedule on the ECC Affiliate Program Agreement page of the Website. If ECC modifies any percentage, only Your commission earned after the effective date of change will be affected by the changed percentage.
The Affiliate shall not be affiliated to himself/herself. The Affiliate is not authorized to make any commitment on behalf of ECC. The Affiliate shall not reward or pay directly or indirectly in any way other parties to influence them to become Users or to otherwise increase his or her affiliation rewards.
The Affiliate shall agree not to buy or bid on any ECC-trademarked company names or any spelling variations of those names (e.g., eyecandycreations.us, Eye Candy Creations USA, LLC, ECC, LLC) or combinations of Eye Candy Creations names plus another term (e.g., “ECC coupons”), or the same with various spellings or similar terms, etc., for any search-engine keywords, domain names, other search terms and/or titles. The Affiliate shall further agree that he/she will never outrank or outbid ECC on any web or search-engine keywords.
The Affiliate shall agree not to use, cloak or mask any domain names owned by Eye Candy Creations USA, LLC. for any display URL listings in paid search campaigns. The Affiliate shall agree never to create any direct link to eyecandycreations.us or any subsidiary pages in the eyecandycreations.us website or any other websites owned by Eye Candy Creations in paid search campaigns.
The Affiliate shall agree never to use the word “Eye Candy Creations” or spelling variations thereof in connection with ECC-owned properties in domain names, search ads, or on landing pages.
ECC reserves the right to withhold commissions on any transactions generated by searches deemed illegal, or to block an account which is, in the sole determination of ECC, to be in violation of these policies.
Usage of Affiliation Links
ECC hereby grants to the Affiliate a non-exclusive and non-transferable license to use Affiliation Links for placement on his or her blog, application or internet site, for the sole and exclusive purpose of referring potential users to the Website, on the terms and subject to the conditions and limitations contained in this Agreement.
ECC reserves the right to revoke the license to use the Affiliation Links, in whole or part, at any time. You acknowledge and agree that all aspects of each of the Affiliation Links, in any language, format or medium, are and remain ECC’ valuable and exclusive property and are protected under trade secret, copyright, trademark and/or patent law.
The Affiliate shall not, and shall not assist anyone else to: copy, use, publish, disclose, distribute, give access to, broadcast, or offer any Affiliation Links to any third party except for the purpose of making a referral to the Website and as permitted by this Agreement; remove or modify any disclaimer or copyright or trademark notice contained in any Affiliation Link, or reverse engineer, disassemble, de-compile, or use any other means to attempt to discover source code contained in an Affiliation Link.
ECC reserves the right to review the Affiliate’s blog, app or internet site and require the Affiliate to modify his or her use of the any Affiliation Link following review of same. The Affiliate may not use any Affiliation Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity, or to otherwise benefit any third party, except the benefit of the User in accessing and using the Website. You acknowledge that, by participating in the Program and/or using any Affiliation Links, ECC may receive information from or about visitors to Your blog, app or internet site to track Users.
ECC prohibits You from engaging in any form of unsolicited commercial emailing (commonly referred to as “spamming”) or the sending of emails that are misleading, spoofed, contain misleading subject lines, and/or contain inaccurate or misleading sender or recipient data. ECC, in its own discretion and not as its exclusive remedy, reserves the right to suspend, report, or terminate the Affiliate, or otherwise take remedial action if it is determined that the Affiliate was spamming or in violation of this provision or applicable law. Affiliates violating these provisions will forfeit any Affiliate Program rewards.
You further agree to fully and immediately respond to any and all requests or queries ECC makes of You regarding Your compliance with this provision, and to report to ECC any allegations of spamming or other violations of this provision made against You or others in connection with ECC.
Term and Termination
This Agreement is effective as long as You participate in the Affiliate Program or until the Affiliate Program is discontinued by ECC, whichever occurs first. The Affiliate Program or any aspect of it can be discontinued at any time, at ECC’ sole discretion, upon notice posted on the Website. Upon posting of such notice, the Affiliate Program and this Agreement shall be thereby terminated as it relates to You.
Limitation of Liability
Notwithstanding anything stated or implied to the contrary, ECC, its officers, managers and members, shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, goodwill or data) arising out of or related to this Agreement or the Program, even if ECC has been advised of the possibility of such damages. Further, aggregate liability for actual damages (or any other damages not otherwise specified herein) arising out of or related to this Agreement and/or the Program will not exceed the total referral fees paid or payable to You under this Agreement in the preceding 12-month period from the earliest date that Your claim arose, which date in any event shall be no later than the date You notify ECC of any claim.
You agree to indemnify, defend and hold ECC, and its respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, costs and expenses (LLCluding lawyers’ fees) LLCurred by ECC in connection with any breach by You of this Agreement. ECC reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with ECC’ defense of such claim.
This Agreement is personal to You and is not assignable by You without ECC’ prior written consent. All of the covenants, terms, provisions and agreements contained in this Agreement shall be binding upon, and inure to the benefit of ECC and You, and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and permitted assigns.
The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of the State of Georgia (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the State and County of Georgia. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement.
Making Changes to the Agreement
Acceptance of the Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.