SurprisingGift Affiliate Program Terms & Conditions SurprisingGift Affiliate Program Terms & Conditions
The SurprisingGift.com Affiliate Terms
Affiliate Terms of Service Agreement V1.0  August 1, 2007

In pursuit of our primary objective of winwin business with our affiliates, SurprisingGift agrees to deliver the agreed upon services, as declared in the ˇ°Welcome as Affiliateˇ± confirmation, to our affiliates at the time of signup, subject to the following Affiliate Program Terms of Service (hereafter referred to as TOS).

In addition, the use of our service(s) by an affiliate constitutes an unconditional acceptance of and agreement to SurprisingGift's TOS. SurprisingGift reserves the right to change or modify the TOS at any time without notice. By signing up free for a SurprisingGift Affiliate Account you are agreeing to the following Terms and Conditions. Please review the General Agreement and supplementary notes carefully.

If you have any queries about your SurprisingGift Affiliate Account or payments you can contact us by going to www.SurprisingGift.com and clicking "Contact Us" at the top left of the page.


Jump to:

Terms of the Agreement
Joining the SurprisingGift Affilate Program
Cancellation of Your SurprisingGift Affiliate Account
Promoting SurprisingGift
Content Usage Policy for Affiliates
Calculation of Commissions
Payment of Commissions
Privacy Policy and Data Protection
Limitation of Liability and Disclaimer

General Agreement
The SurprisingGift Affiliate Account service agreement (the "Agreement") is made by SurprisingGift.com. ("SurprisingGift"), and you, as the registrant in the SurprisingGift Affiliate Program ("You", "Your", "Affiliate").

  • When signing up as an Affiliate of SurprisingGift, and throughout the duration of your Affiliate Account, You agree to abide by the terms and conditions contained in this Agreement.
  • By registering for Your SurprisingGift Affiliate Account, you are indicating that you accept these terms and conditions.
  • If You do not accept the terms and conditions of the Agreement, do not sign up for the SurprisingGift Affiliate Program.
  • All content on the SurprisingGift.com site is copyrighted material and copyright violations will be treated seriously. The entire text of this Agreement is copyright.
  • SurprisingGift reserves the right to change or modify the TOS at any time without notice

Terms of the Agreement

  • The term of this Agreement will begin upon the online submission success of your SurprisingGift Affiliate signup form, and will end when terminated by either party.
  • Either You or we may terminate this Agreement at any time, by giving the other party written notice (SurprisingGift will use your email address as provided on signup).
  • If the Agreement is terminated, You agree to remove all material related to SurprisingGift from your websites or as far as possible from other media which you have previously used in your affiliate promotional activities.
  • Even if some of your affiliate links remain, You are only eligible to earn commissions on sales that occurred during the term of this Agreement (up to and including the date of termination).

Joining the SurprisingGift Affilate Program
You may create a SurprisingGift Affiliate Account by filling out the online signup form found at http://www.SurprisingGift.com /affiliate_affiliate.php, provided that:

  • You are the holder of a Paypal account into which we can pay affiliate commissions (which depends on where you live or hold a bank account  please see Paypal's current list of countries served at: http://www.paypal.com/cgibin /webscr?cmd=_displayapproved signupcountriesoutside);
  • You are aged 18 or over;
  • You are not already signed up as a SurprisingGift Affiliate on another account, or have not at any time in the past held an account which was closed by SurprisingGift;
  • You have not already been requested to cease public activities relating to the marketing of SurprisingGift's products and services.
  • You may not reassign your SurprisingGift Affiliate Account to the ownership or management of another person, unless this is authorized by SurprisingGift in advance. If you change the payment Paypal address on your account to that of a different person, we may withhold payment while we query this with you, for security reasons.

Cancellation of Your SurprisingGift Affiliate Account
When using the online signup form, your account is automatically created. However, SurprisingGift may cancel your account at their sole discretion. We will notify you if your SurprisingGift Affiliate Account is being cancelled, and give you an opportunity for discussion. Reasons for cancellation include but are not limited to the following:

  • You provided false information in your account signup;
  • You are or have been, in SurprisingGift's opinion, contravening the terms and conditions of a SurprisingGift Buyer Account owned or administered by You
  • You hold a SurprisingGift Buyer Account which is in debit because of completed orders which are unpaid for example due to chargebacks or Paypal disputes;
  • You do not hold a Paypal account or your Paypal account cannot receive money;
  • You are or have been promoting or referring to SurprisingGift in a negative light or through inappropriate or unethical methods (see "Promoting SurprisingGift" below);
  • Your account has been inactive for a long time and no commission earnings are outstanding.
  • SurprisingGift may terminate this Agreement for any reason, at any time. The terms of this Agreement and our acceptance criteria are subject to change at any time without prior notice.
  • You may terminate your Account and this Agreement at any time by contacting SurprisingGift

Promoting SurprisingGift
We disclaim all liability for the media content created or published by you in the course of your activities promoting SurprisingGift's products or services, and for any statements made by you in this regard. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance, and contents of your affiliate promotion activities.

The following are examples of ways to promote SurprisingGift in an acceptable way provided other standards outlined in this document are adhered to:

  • promoting SurprisingGift's products and services through your own dedicated websites or ebooks using your content to which you hold the copyright;
  • promoting SurprisingGift's products and services through your own existing websites on related themes such as electronics, gadgets, wholesale and wholesalers, dropshipping, auctions, gifts, China business, business-to-business, import / export and trade, product reviews, technology, and affiliate programs;
  • promoting SurprisingGift's products and services through third party websites such as blogs, newsgroups, forums, online classified advertising sites, and article directories where your involvement is explicitly permitted and invited by the owners of the website, and where your comments or submissions are useful and relevant to that website and its user community;
  • promoting SurprisingGift's products and services through emails to people who have explicitly agreed to receive messages from you on SurprisingGiftrelated themes (see example themes above);
  • promoting SurprisingGift's products and services through online advertising channels (such as payperclick, payperimpression, payper(time period) banners, and text links) provided the context is appropriate (see below);
  • promoting SurprisingGift's products and services in offline media such as print publications, provided the context is appropriate (see below);

You may not promote SurprisingGift through the following methods:

  • promotion through any media representing yourself, your company, or the promotional medium as officially representing or being part of SurprisingGift., including but not limited to using the name "SurprisingGift" in your company name, domain name, or subdomain address, and further including any very similar names that suggest association with SurprisingGift or lead to confusion with the name SurprisingGift;
  • promotion using false or misleading statements, claims, statistics, prices, or pictures about SurprisingGift products and services, including about the SurprisingGift Affiliates Program;
  • copying and using text and pictures from SurprisingGift except where permitted by SurprisingGift's "Content Usage Policy" (see below);
  • unsolicited emailing (spam);
  • automated (spam like) posting on other people's websites including blogs and forums;
  • submission to search engines, web directories, social bookmarking sites, or similar using your affiliate link as the URL;
  • promotion through any media that condones or encourages illegal activities;
  • promotion through any media associated with spamming, viruses, spyware, or adware;
  • promotion through any adult oriented (sexually explicit) media;
  • promotion through any media that contains or promotes racism, violence, hate, or intolerant discrimination;
  • promotion through any media that includes excessive foul language;
  • promotion through any media that is associated with pyramid schemes or similar;
  • promotion through any media which contains content that in SurprisingGift's sole judgment is defamatory or harassing to SurprisingGift or any third party.

Content Usage Policy for Affiliates:
The following examples are intended as guidelines to what you may republish online and offline in order to promote SurprisingGift with your affiliate links. This list is not comprehensive and we may contact you to request removal of unacceptable material on your websites or elsewhere. We may also contact webmasters or web hosts to request removal of content placed by you, without contacting you directly. Furthermore you should contact SurprisingGift directly if you are unsure about the permissibility of statements or content used in your promotional activities, prior to publishing that material.
Acceptable:

  • Using product pictures from SurprisingGift.com in providing information about those products and linking to SurprisingGift;
  • Using product description text from SurprisingGift.com in providing information about those products and linking to SurprisingGift;
  • Quoting sections of text up to 250 words from SurprisingGift public documents such as the SurprisingGift Knowledgebase (FAQs) and SurprisingGift publicity leaflets;
  • Using your own photos or videos of SurprisingGift products and packaging.

Not acceptable:

  • You may not use the SurprisingGift logo on other sites UNLESS it is clear that you are discussing SurprisingGift and not representing yourself as SurprisingGift or an authorised representative, reseller, or commentator, AND only if the SurprisingGift logo links to SurprisingGift.
  • You may not copy or mimic text, trademarks, logos, or images in order to refer to or mimic SurprisingGift's accreditations from third parties, including but not limited to: Alibaba Gold Supplier; Alibaba TrustPass; Huaxia Credit; ScanAlert / Hacker Safe; ValidatedSite;
  • You may not copy or imitate the design or elements of the SurprisingGift.com website including but not limited to: html code; icons and graphics; css styling; category layout; category naming; distinctive features of layout;
  • You may not copy or adapt product reviews or customer testimonials from SurprisingGift.com
  • You may not copy or adapt SurprisingGift documents or ebooks including but not limited to: SurprisingGift newsletter text; SurprisingGift blog posts; text used on the SurprisingGift.com main page; text used on SurprisingGift.com product category pages and subcategories; the SurprisingGift Knowledgebase and other FAQs.

Restrictions above in relation to copying / adapting includes translations into foreign languages. Logos and trademarks of third parties are used on SurprisingGift.com with permission, and you should seek permission before using such text or images yourself.

Calculation of Commissions
The calculation of commissions payable to you is at the sole discretion of SurprisingGift and subject to change without prior notice. This is the system by which your affiliate commissions will be calculated:

When someone clicks through your affiliate link to SurprisingGift.com, AND your affiliate cookie is correctly set on their computer, AND within the cookie period that person places an order and pays for the order, AND the order is successfully delivered, AND a period of 16 days has passed since the delivery of the order, your affiliate account will be credited 5% of the total products value of the order. (The shipping fee of the order is not included in the commission calculation.)

At the second tier: When someone clicks through your affiliate link to SurprisingGift.com, AND your affiliate cookie is correctly set on their computer, AND within the cookie period that person successfully signs up as a SurprisingGift Affiliate, AND that 2nd tier affiliate successfully refers a sale (as described above), your affiliate account will be credited 1% of the total products value of the order.

Please note the following important conditions:

  • The cookie duration is 30 days;
  • If the customer clicks through another SurprisingGift Affiliate's link, the cookie will be overwritten with their ID;
  • Commissions cannot and will not be calculated or credited manually;
  • If for whatever reason our online system did not credit a particular order to your affiliate ID we cannot and will not credit it to your account manually;
  • Commissions are shown in your Affiliate Account on SurprisingGift.com before they are actually credited: if the order that was made by your referred buyer is not paid for and delivered, commission will not be paid;
  • Commissions initially shown as credited to you from delivered orders may be withdrawn if the order in question changes status due to payment issues (such as a credit card chargeback or Paypal reversal) or item returns;
  • Ordering goods for yourself or your dropship customers through your own affiliate link is allowed, and SurprisingGift reserves the right to take such affiliate commissions into consideration in calculations affecting your SurprisingGift Buyer account. For example if you order products through your own link and later return them, SurprisingGift reserves the right to subtract your original affiliate commission to yourself from any refund applicable to that order or from future affiliate commission payments.
  • SurprisingGift Affiliates are bound by the normal terms and conditions if buying from SurprisingGift as a regular Buyer, and SurprisingGift undertakes no responsibilities promoting or endorsing your products and services.

Payment of Commissions
SurprisingGift will pay you your affiliate commissions based on the following conditions:

  • Your commission earned up to and including a calendar month is paid within the first 15 days of the succeeding month;
  • All commissions are paid through Paypal ONLY, to the paypal account email address you specified during signup;
  • The minimum commission payout is USD 50.00 (e.g. if you have $51 in commissions you will be paid the full $51 through Paypal on the monthly payout day, but if you only have $49 you will have to wait until you go over $50 before you get paid anything at all);
  • If payments are unclaimed SurprisingGift does not undertake responsibility to contact you as Paypal will already send more than one email reminding you to claim / collect the funds; it is your responsibility to keep your contact information up to date;
  • If an unclaimed payment is returned to SurprisingGift by Paypal, we will attempt repayment if you contact us;
  • Unclaimed payments over 90 days old will not be paid.
  • If an affiliate commission is accidentally overpaid by SurprisingGift, you agree to promptly remit such excess payment upon notification by us. We may withhold further commission payments until the previous overpayment is resolved.
  • You are wholly responsible for declaring your income from the SurprisingGift Affiliate Program to the taxation and legal authorities in your country. SurprisingGift undertakes no responsibility in assisting you with financial or legal paperwork relating to your Affiliate Commissions. SurprisingGift reserves the right to charge for services providing formal paperwork or other confirmations of your Affiliate Commissions.

Privacy Policy and Data Protection

  • You must provide valid contact information to participate in the SurprisingGift Affiliates Program. Your contact information will only be used to contact you with information about the SurprisingGift affiliate program and SurprisingGift.
  • Your information will never be shared with any third parties.
  • Except as otherwise provided in this Agreement or with the consent of the other party, each of the parties agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

Limitation of Liability
We 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 SurprisingGift Affiliate 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 referral fees paid or payable to you under to this Agreement.

Disclaimer
SurprisingGift makes no express or implied warranties or representations with respect to the SurprisingGift Affiliate Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).

In addition, SurprisingGift makes no representation that the operation of the SurprisingGift.com website will be uninterrupted or error free, and SurprisingGift will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.

Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that SurprisingGift may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

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