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These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by NYS Colletion, "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between NYS Collection and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and NYS Collection. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. NYS Collection may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that NYS Collection believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
NYS Collection will provide the Affiliate (you) with specific Referral Links to link products, pages and other marketing content to [YOUR WEBSITE]. Affilo.io (which is a referral tracking software) will track users who have visited these Referral Links using cookies which expire after 365 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Affilo.io and NYS Collection is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
We payout to our Affiliates on the [PAYMENT DAY e.g 15th] day of every calendar month.
A referral will become eligible for payout ("Eligible Referral") after the commission holding period of 10 days passes if it meets all of these criteria:
The payment of the order is paid in full by the referred customer.
The referral's account remains active and in good standing.
The referral's account has not had any of its payments refunded, charged back or otherwise reversed.
The Affiliate is entitled to receive a one-time payment of 50% of the total order value (excluding shipping and taxes) in US Dollars for each active Eligible Referral that is recorded in the Affiliate Dashboard. All eligible referrals are payed out collectively on the PAYMENT DAY e.g 15th] day of every calendar month.
All Affiliate Fee payments will be payable in US Dollars only, except as otherwise determined by NYS Collection in its sole discretion. Payment will be made through PayPal to the email address specified by the Affiliate in the Affiliate Dashboard. The Affiliate is responsible for providing NYS Collection with the full and accurate details that are required to remit the Affiliate Commission, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Commissions will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by NYS Collection, NYS Collection may delay the payment of Affiliate Commissions to verify the relevant transactions. NYS Collection reserves the right to recalculate, void, or disqualify any referrals or Affiliate Commission in the event of any fraudulent, deceptive or otherwise illegal activity.
NYS Collection hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the NYS Collection logos, advertisements and banners for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain NYS Collection's logos or service marks in good taste. The Affiliate may not use NYS Collection's logos or service marks in a manner that, in NYS Collection's sole discretion, portrays NYS Collection's in negative light.
We may provide the Affiliate with marketing material but the Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
NYS Collection may, without prior notice, require the Affiliate to remove or modify any advertisements in NYS Collection's's sole discretion.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving NYS Collection a written notice of termination. The notice must be sent through the messaging system of the affiliate marketing software Affilo.io.
NYS Collection reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that NYS Collection, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
NYS Collection, Affilo.io and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on NYS Collection's or Affilo.io's behalf.
7. Limitation of Liability
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. NYS Collection and Affilo.io make no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
NYS Collection and Affilo.io is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless NYS Collection and Affilo.io, their directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
NYS Collection may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement.. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. The Terms and Conditions of the Affiliate Program are also available to read in Affiliate Dashboard.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. NYS Collection and Affilo.io reserve the right to terminate the Affiliate's participation in the Affiliate Program if NYS Collection and/or Affilo.io determines, in their sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between NYS Collection, Affilo.io and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
To serve you better and understand your needs and interests, NYS Collection collects, exports, and utilizes your personal information. For example, when you order products or services, request information, subscribe to marketing materials or customer support, register yourself, enter contests or participate in surveys, or apply for a position with NYS Collection, we will ask you to provide personal information. The types of personal information you provide to us on these pages may include contact information such as your name, address, telephone number, and email address; financial information such as your credit card number; and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences, contact preferences as well as educational and employment background.
If you post, comment or share personal information, including photos, to any forum on an NYS Collection site, social network, blog, or other such forum, any personal information you submit can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages from third parties, or for purposes that neither you nor NYS Collection have control over. NYS Collection is not responsible for the personal information you choose to submit in these forums.
In addition to the information you provide, NYS Collection may also collect information during your visit to an NYS Collection website, or a website “powered by” another company on behalf of NYS Collection, through our Automatic Data Collection Tools, which include cookies, embedded Web links, and other information-gathering tools. These tools collect certain traffic information that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived . They may also collect information about your Internet Protocol (IP) address, click stream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with NYS Collection websites) and product information. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers use IP addresses to communicate on the Internet, allowing users to browse and shop. NYS Collection may also use some of these Automatic Data Collection Tools in connection with certain emails sent from NYS Collection and therefore may collect information using these tools when you open the email or click on a link contained in the email.
The information we collect helps NYS Collection deliver a consistent and personalized experience. By way of example, NYS Collection may use your information to
-assist you in completing a transaction or order;
-communicate with you about products;
-provide service and support;
-update you on new products and events;
-provide personalized promotional offers;
-measure performance of marketing initiatives, ads, and websites; and
-allow you to participate in contests and surveys.
Posts on our website including testimonials and photos are submitted upon the express condition that they may be posted and otherwise disseminated by NYS Collection.
Credit card information is used exclusively for payment processing and fraud prevention. Credit card information is not used for any other purpose and will not be kept longer than necessary for providing the services unless you ask us to retain your credit card information for future purchases.
NYS Collection will not sell, rent or lease your personal information to others except as described herein. We share personal information in the following ways:
-NYS Collection retains service providers and suppliers to deliver products, services and customer solutions and to assist us with our marketing and communication initiatives. These providers and suppliers include credit card processors, providers of customer support and live-help, marketing, email service providers, automated data processors, and shipping agents. Suppliers and service providers are required to keep confidential the information received on behalf of NYS Collection and may not use it for any purpose other than to carry out the services they are performing.
-NYS Collection participates in marketing initiatives with other companies, including websites “powered by” another company on behalf of NYS Collection. As part of these initiatives, certain marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal information with both NYS Collection and the other companies participating in these initiatives.
Except as described herein, NYS Collection will not share the personal information you provide to us with non-NYS Collection third parties without your permission, unless to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud or other malicious activity; (iv) enforce/protect the rights and properties of NYS Collection or its subsidiaries; or (v) protect the rights or personal safety of NYS Collection employees and third parties on or using our property.
Finally, circumstances may arise where, whether for strategic or other business reason, NYS Collection decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers.
NYS Collection does not knowingly collect information from children under the age of 13 and does not target its websites to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.
Our communications include email newsletters, product updates, new product information, special offers, or invitations to participate in market research, etc. that may be expressly requested by you or which you have consented to receive. After you request such communications, you may subsequently opt out of receiving them by using one of the following methods:
-Select the email "opt out" or "unsubscribe" link, or follow the opt-out instructions included in each email subscription communication.
-To unsubscribe from messages delivered to mobile devices, reply to the message with the words “STOP” or “END”.
-Return to the Webpage where you originally registered your preferences and follow the opt-out instructions.
-Write to the NYS Collection Privacy Department. Be sure to provide your name, relevant contact information, and specific relevant information about the communications that you no longer wish to receive.
NYS Collection strives to keep your personal information accurately recorded. We have implemented technology, processes and policies to help maintain data accuracy. We provide individuals with reasonable access to personal information that they provided to us and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to your data. To view and change the personal information that you directly provided to NYS Collection you can contact the NYS Collection Privacy Department.
NYS Collection takes the trust you place in us seriously. We utilize appropriate technical and administrative procedures to safeguard the information we collect, to prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of your information.
When collecting or transferring sensitive information such as credit card information we use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited personnel access. When we transmit highly confidential information (such as a credit card number or password) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
We may also provide social media features on our website that enable you to share information with your social networks and to interact on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites.
Last updated: February 17, 2020