Affiliate Program Terms and Conditions

AFFILIATE PROGRAM

TERMS AND CONDITIONS

Revision Date: December 8, 2020

SECTION 1: ACCEPTANCE OF TERMS AND CONDITIONS

Thank you for your interest in King Palm’s Affiliate Program. We appreciate your involvement and hope to build a mutually beneficial business relationship with you. 

Below, you can find our Affiliate Program’s Terms and Conditions. Please take your time to carefully read the Affiliate Agreement before proceeding with Affiliate Program registration. 

By completing your registration, you indicate the acceptance of the Affiliate Agreement which is a precursor for your acceptance into the King Palm Affiliate Program. If you do not accept this Affiliate Agreement in its entirety, you may not become an affiliate in our Affiliate Program.

These Affiliate Program Terms and Conditions (the “Affiliate Agreement”) are a legal agreement between you or the entity you represent (“Affiliate”, “you”, “your”, or “yours”) and King Palm LLC, a limited liability company existing under laws of the State of California, USA (“King Palm,” ”we“, “us”, or “our,”). The Company owns and operates a website found at kingpalm.com (“Platform”).

BY CLICKING ON “I ACCEPT” BUTTON AT THE END OF THIS AFFILIATE AGREEMENT YOU AGREE (A) THAT YOU HAVE READ AND UNDERSTOOD THE AFFILIATE AGREEMENT IN ITS ENTIRETY, AND (B) TO BE BOUND BY ITS TERMS AND CONDITIONS.  

SECTION 2: FULL LIST OF DEFINITION

Throughout this document, the following definitions will apply.

“Affiliate”, “you”, “your”, “yours” means the individual or legal entity agreeing to participate in the Affiliate Program, and who will be legally bound by the terms and conditions herein. 

“Affiliate Agreement” refers to the terms and conditions of the Affiliate Program.

“Affiliate Portal” refers to Affiliates’ account on the Platform, where the Affiliate is able to view sales reports.

“Affiliate Link” refers to a unique referral link provided by King Palm to the Affiliate, through which Users may be redirected to the Platform and its deals and promotions. 

“Affiliate Program” refers to the affiliate program operated by King Palm.

“Affiliate Program Manager” means the individual or individual who has the legal authority from King Palm to manage and represent its interests in the Affiliate Program.

 “Commission” refers to the amount earned by the Affiliate from Users’ purchases made on the Platform via Affiliate Link.

“King Palm”, “we”, “us”, “our” refers to King Palm and its applicable subsidiaries, which is the designated operator of this affiliate program, whose terms and conditions are set out herein.

“Platform” refer to kingpalm.com and any of its subdomains.

“Products” refer to products sold by King Palm via the Platform. 

“User” refers to the visitor of the Affiliate’s website, who may or may not click on the Affiliate Link in order to be directed to the Platform to purchase products from King Palm.

SECTION 3: HOW TO ENROLL IN AFFILIATE PROGRAM

To enroll in our Affiliate Program, you must:

1. be at the age of majority in your jurisdiction or the age of 18 whichever is greater;
2. have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;
3. complete affiliate registration through the Platform;
4. be accepted by King Palm into the Affiliate Program.

SECTION 4: AFFILIATE PROGRAM’S RULES 

4.1.  King Palm may choose at its discretion to auto-approve your application. This does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your application at any point in time, at our sole discretion. This is especially true if the Affiliate’s website or promotional materials breach any of the points set out in Section 4.2.

4.2. The Affiliate represents and warrants that Affiliate’s website, promotional materials, or correspondence does not contain any materials that in King Palm’ sole discretion are considered to:

1. promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of legislation in your local jurisdiction;
2. include violent, obscene, defamatory, libelous, slanderous and/or unlawful content;
3. promote hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
4. incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
5. includes “King Palm” or variations or misspellings thereof in its domain name and as keywords in PPC campaigns;
6. promote politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
7. promote gambling, including without limitation, any online casino, sports books, bingo, or poker;
8. contain software downloads that potentially enable diversions of commission from other affiliates in our Affiliate Program;
9. make representations through code, designs, imagery, video, text, or otherwise that makes your website resemble the Platform in a manner which leads customers to believe you operate our Platform or are a legal representative of King Palm in any way;
10. offer rebates, coupons, or other form of promised kickbacks from your Commission as an incentive;
11. Add bonuses or bundle other products with King Palm’s Products, however, is acceptable, if prior permission is received from the Affiliate Program Manager;
12. Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. 

4.3. King Palm will send information about its deals and promotion to your email when they become available. Affiliate’s websites may not have “Click for (or to see) Deal/Coupon” or any text variation, when there are no coupons or deals available, and the click opens the Platform or sets a cookie. Affiliates with such misleading text will be removed from the Affiliate Program immediately.

4.4. Affiliates may not bid on or use phrases, such as King Palm Coupon(s), King Palm Discount(s) or other phrases implying availability of coupons and deals when they are not in fact available. 

4.5. Any misspellings of our brand name in combination with coupon/deal/savings or any synonyms or similar alterations of these words are also strictly prohibited.

4.6. The Affiliate may not use misleading text on Affiliate Links, buttons or images to advertise anything besides currently authorized deals and promotions. The commercial purpose of the Affiliate’s marketing efforts must be clearly identifiable. The Affiliate shall not disguise its affiliate marketing efforts as consumer recommendations or as similar non-commercial messages.

4.7. As a member of the Affiliate Program, you will be granted access to the Affiliate Portal. Here you will have an option to review the details of our Affiliate Program including our downloadable promotional materials. You will be free to browse and get Affiliate Links for our deals if and when they are available. In order for us to accurately keep track of all User visits from your website(s) to the Platform, you must use the Affiliate Link(s) that we provide to you for any deal or promotion.

4.8. King Palm reserves the right, at any time, to review your Affiliate Link placement and either approve or disapprove the use of your Affiliate Links and require that you change the placement of the Affiliate Links.

4.9. You are solely responsible for the maintenance and information updates on your website(s). However, we reserve the right to monitor your website as we feel necessary to make sure that it is up-to-date and to notify you of any required changes that may enhance your performance. You must follow our recommendations and instructions within not more than 30 days. Failure to make the changes to your website within 30 days will constitute a material breach of this Affiliate Agreement.

4.10. It is your sole responsibility to comply with all applicable laws, regulations, government decrees, authorities’ decisions and the like relating to:

1) protection of intellectual property,

2) marketing of goods and services,

3) unfair business practices, and

4) any other similar field of regulation

that pertain to your website or any promotional materials on your website. If you violate any such laws or regulations or if any third party presents any allegations or claims that pertain to information you place on your website and promotional materials you use, you will indemnify and hold King Palm harmless for any and all costs arising out of any such violations, allegations, or claims.

4.11. As an affiliate, you can only create and use one (1) account on the Platform. You can list multiple domains within one account, but only one account is allowed.

4.12. Self-referrals for Affiliate purchases are strictly prohibited. This means that you cannot refer yourself, your immediate family, or the company you work for by using your Affiliate Link. You will not receive a Commission on any purchases made by yourself or for your own use, your immediate family members, or the company you work for.

4.13. In the event that the Affiliate materially breaches this Affiliate Agreement and King Palm terminates this Affiliate Agreement any accrued and payable Commission owing to the Affiliate shall be forfeited, and King Palm shall not be obligated to pay such Commission to the Affiliate.

SECTION 5: KING PALM’S RIGHTS 

5.1. We reserve the right to monitor your website(s) at any time to determine whether you are following the Affiliate Agreement. Should we provide you with recommendations and instructions on how to improve your compliance with terms and conditions of this Affiliate Agreement, you must follow them within 30 days. Failure to follow our recommendations or instructions will constitute a breach of this Affiliate Agreement. 

5.2. King Palm reserves the right to terminate your participation in the Affiliate Program immediately and without prior notice to you if you commit fraud or breach this Affiliate Agreement in any way. If such fraud or breach is detected, King Palm shall not be obligated to pay you any Commission for any fraudulent sales or sales that resulted from the breach of this Affiliate Agreement.

SECTION 6: TERMINATION

6.1. Either the Affiliate or King Palm may terminate this Affiliate Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be sent by email to either party, or through any appropriate mechanism in the Affiliate Portal.

6.2. This Affiliate Agreement will terminate immediately without notice upon any material breach of this Affiliate Agreement by the Affiliate.

6.3. If the Affiliate Agreement is terminated by King Palm in accordance with Sections 5.2, or 6.2, King Palm shall not be obligated to pay any Commission to you after such termination of the Affiliate Agreement.

SECTION 7: COMMISSION PAYMENT

7.1.  5% Commissions are earned from referrals that generate purchases on our Platform via your Affiliate Links.

7.2. You may access sales reports and your Commission calculations in your Affiliate Portal. 

7.3. Accrued commissions will be distributed to the Affiliate on the 10th date of each month. 

7.4. For you to receive a Commission, the Affiliate account must remain active for a minimum of seven (7) days after the purchase date. If the buyer does not request a refund within this timeframe, and if the commission was not a result of a self-referral and doesn’t breach any other terms of this Affiliate Agreement, you will see payment amounts in “Current Commissions” as “Approved – Pending Payment”.

7.5. The Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with King Palm including those incurred in order to receive Commission.

7.6. Available Commission disbursement options can be found in your Affiliate Portal. Our primary payout option is PayPal. However, if you are planning on generating a large volume of sales, wire transfers can also be arranged. Qualifications for wire transfer payments are reviewed and decided by King Palm on a case by case basis. Please email us at marketing@kingpalm.com if you wish to discuss this payment option.

SECTION 8: PROMOTING KING PALM PRODUCTS

8.1. You may promote our Products on your website using our promotional materials, which you can download from your Affiliate Portal. 

8.2. You may place Affiliate Links anywhere on your website and inside emails as part of email marketing campaigns or newsletters (however, certain conditions apply, see the paragraphs below). 

8.3. There are certain ways in which we do not want you to promote King Palm. Advertising commonly known as “spamming” is inappropriate and unacceptable to us and constitutes a material breach of this Affiliate Agreement. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial social media groups and cross-posting to multiple social media groups at once. Additionally, you may not advertise in any way that effectively hides or misrepresents your own identity, your domain name, or your email address. You may use emails or other messages to customers to promote King Palm Products to Users who are already customer of yours, provided that such Users have the option to remove themselves from future mailings and such emails or other messages are otherwise sent in compliance with the laws applicable to them.

In any direct marketing messages are sent by the Affiliate, the Affiliate must identify itself and its contact details. Where the Affiliate processes personal data relating to identified or identifiable individuals, the Affiliate undertakes to provide to data subjects any information required in the applicable data protection legislation (including but not limited to information referred to in Articles 13 and 14 of the General Data Protection Regulation (EU) 2016/679). The Affiliate shall especially provide to the data subjects information on how to exercise their rights under the applicable data protection legislation.

Also, you may only post to social media groups to promote King Palm’ products if the social media group specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent from King Palm.

8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to Users from the time a User clicks on a qualifying Affiliate Link until such time as the User fully exits the Platform. 

As used herein “Parasiteware” and “Parasitic Marketing” shall mean an application that:

(a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on an Affiliate Link on a web page or in an email;

(b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a User would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot);

(c) sets commission tracking cookies through loading of the Platform in IFrames, hidden links and automatic pop ups that open the Platform;

(d) targets text on websites, other than those sites 100% owned by the website owner, for the purpose of contextual marketing; or

(e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the website.

SECTION 9: GRANT OF LICENSES

9.1. We grant to you a non-exclusive, non-transferable, and revocable license of the right to (i) access our Platform through our Affiliate Portal, (ii) use our logos, trade names, trademarks, content, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize to use for promotional purposes. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of King Palm and the goodwill associated with it will inure to the sole benefit of King Palm.

9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in any negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Affiliate Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

SECTION 10: DISCLAIMER

The Platform and Products are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the quality of any Product will meet Users’ expectations. Occasionally some information on the Platform may contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, or offers. 

SECTION 11: AFFILIATE’S REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

• You have reached the age of majority in your jurisdiction or the age of 18, whichever is greater;
• This Affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and
• You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement and to perform your obligations under this Affiliate Agreement, without the approval or consent of any other party.

SECTION 12: LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF 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 KING PALM’S 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 PAID TO YOU UNDER THIS AGREEMENT.

SECTION 13: INDEMNIFICATION

You hereby agree to indemnify and hold harmless King Palm, and its subsidiaries, affiliates,  directors, officers, employees, agents, shareholders, and partners 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 our 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 website, including, without limitation, content therein not attributable to us.

SECTION 14: CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information (including sales reports), disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

SECTION 15: GENERAL PROVISIONS

15.1. You certify that you are an independent contractor, and as such, nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and King Palm. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other website or otherwise, that reasonably would contradict anything in this Section.

15.2 The parties note that the Affiliate is free to determine the essential means of processing personal data relating to its affiliate marketing activities. For instance, whether or not the Affiliate targets any identified or identifiable natural persons as a part of its marketing efforts, or otherwise processes personal data for affiliate marketing purposes, is solely determined by the Affiliate. As a consequence, the Affiliate serves as a data controller with regard to any personal data processed by it for the purpose of the conclusion and performance of this Affiliate Agreement.

The Affiliate undertakes to process personal data only in accordance with the applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) (EU) 2016/679, California Consumer Privacy Act (CCPA), and the Brazilian General Data Protection Law (LGPD). Any material breach by the Affiliate of the applicable data protection laws is considered as a material breach of this Affiliate Agreement.

15.3. Neither party may assign its rights or obligations under this Affiliate Agreement to any third party, except to a party who obtains all or substantially all of the business or assets of a party to this Affiliate Agreement.

15.4. This Affiliate Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof. Any disputes relating to or arising out of this Affiliate Agreement shall be resolved by the courts located in San Bernardino County, CA.

15.5. To the extent permitted by applicable law, we may, at any time, amend terms and conditions of this Affiliate Agreement, including any features or functionality of the Platform. In such event, you will need to read and agree to the terms and conditions of the revised version of the Affiliate Agreement when prompted to do so in the Affiliate Portal. If any modification is unacceptable to you, your only option is to end your association with the Affiliate Program by closing your account and thus terminating the Affiliate Agreement.

Continued participation in the Affiliate Program will indicate your agreement to the changes and your adherence to any modified terms and conditions of the Affiliate Agreement.

15.6. This Affiliate Agreement represents the entire agreement between King Palm and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.7. The headings and titles that are contained in this Affiliate Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Affiliate Agreement.

15.8. If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Affiliate Agreement shall have full force and effect.

15.9 The Affiliate Agreement is an electronic contract that sets out the legally binding terms of your participation in the King Palm’s Affiliate Program. You indicate your acceptance of this Affiliate Agreement and all of the terms and conditions contained or referenced in this Affiliate Agreement by completing the Affiliate Program application/signup process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

CONTACT US. 

If you have any questions pertaining to the Affiliate Agreement or the King Palm Affiliate Program in general, please do not hesitate to contact us at marketing@kingpalm.com. 

 

We look forward to working with you,

The King Palm Team