It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and/or followers and will comply with all laws, including those that govern PDPA, email marketing, and anti-spam laws.
The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate’s website; cost of internet marketing, offline marketing costs; postage; and all other costs and expenses.
The Company reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer referred using an affiliate code and according to a designated payment schedule.
Nature of Partnership
The Affiliate will act as an agent on behalf of the Company by placing links on their website(s) to direct traffic to the Company website(s) registered at Domain Names. In addition, the Affiliate shall coordinate with the Company to carry out successfully the marketing, publicizing, and promotion of the Company’s products or services
Any Affiliate Program may be amended or terminated at any time.
Information about the Affiliate Program will be available on the company website and/or will be communicated via email. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if the Company has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
Terms and Agreement
The term of this Agreement will begin upon the Company’s acceptance of the Affiliate’s application.
The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned through the date of termination will remain payable only if the orders for the related products and services are not canceled and comply with all terms laid out in this Agreement.
The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred company in its sole discretion.
Any Affiliate who violates either this Agreement or the Company’s Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program.
Without limitation, the Affiliate’s participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.
The Affiliate will not (on behalf of itself or any other person or organization) offer, market, or sell any competing products or services that is directly competitive with the products (including without limitation directly competing products and services) being offered the Company.
The Affiliate also agrees not to work for or provide any services to any competitor of the Company. Neither shall he/she engage in any competitive activity with respect to the Company.
The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company’s prior written consent.
The Affiliate shall not disclose any confidential information to any person or entity other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without the Company’s prior written consent.
The Affiliates’ obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.
Confidentiality information does not include information that:
1. is or becomes publicly known through lawful means;
2. was rightfully in provider’s possession or part of the Affiliate’s general knowledge before the effective date of this Agreement; or
3. is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from the Company
The Affiliate hereby agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any 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:
- Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
- Any claim related to the Affiliate’s site, including, without limitation, its development, operation, maintenance, and content therein not attributable to the Company.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein
Enrollment in the Affiliate program
To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to the Company. The Affiliate Program Application is included on the Company’s website and can be completed and submitted through the site (https://yakinikuplaza.com.sg/affiliates/).
The Company will evaluate the application and notify the Affiliate of their acceptance or rejection. The Company may reject the application for any reason at their sole discretion.
Without limiting the ability to reject any application for any reason at the Company’s absolute discretion, the Affiliate application will be rejected if:
- The application is incomplete.
- The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- The Affiliate website promotes illegal activities or is intended to harass or defame any person.
- The Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates the Company’s intellectual property rights or the intellectual property rights of others.
- The Affiliate is in breach of one or more of the restrictive covenants as stipulated in this contract.
- The Affiliate is currently not based in Singapore.
- If the Company rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time.
- However, if the company accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice
The Company makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate’s link.
Base commission rate is at 10%. Commissions will be based on gross sales price after discount, not including GST, delivery and/or payment charges, special service fees, and any other payment made to the Company that is not the purchase price of the product.
Affiliates will be eligible for payout once total commission reaches S$30
for all tracked, delivered, and non-returned sales by the end of each month. The company will issue an invoice for the said period.
Payment will be made every 15th day of the following month.
Commissions will be rolled over to the next month should the payment threshold of S$30 for the current month is not achieved.
- Scenario 1: Affiliate achieved 36 SGD commission by 31st of May. Affiliate will receive the payout on 15th of June.
- Scenario 2: Affiliate only achieved 29 SGD commission by 31st of May. Affiliate will be eligible for payout if he/she reaches 30 SGD by 30th of June. Affiliate will receive the payout on 15th of July.
Cookie will last for 30 days. The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued.
The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.
The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in the commission rates, payment procedures, and Company Affiliate Program rules.
If any modification is unacceptable to the Affiliate, they will be given the option to end this Agreement. Continued participation in the Company Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
Termination of Agreement
This Agreement shall be terminated in the following circumstances:
- Both parties agree to terminate the Agreement.
- Being required by law.
- The Affiliate has not been engaged (i.e., bringing traffic) for a period of six (06) months.
- The Company reserves the right to unilaterally terminate this Agreement at anytime with four (04) weeks prior notice to the Affiliate.
- The Company reserves the right to terminate this Agreement without any prior notice in case the Affiliate breaches or violates any of its obligations or covenants under this Agreement.
- The Company decides to stop the Affiliate Marketing Program.
- Other provisions in accordance with the law and this agreement.
The Affiliate is only eligible to earn Affiliate commissions during their time as an approved Affiliate. The Company reserves the right to change the program or service policies and operating procedures at any time.
IN WITNESS WHEREOF,
the Company has caused this Agreement to be signed by a duly authorized officer, and the Affiliate has affixed their signature hereto.
his Agreement sets forth the entire agreement and understanding between the Affiliate and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.