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Kinguin Mafia PRO Affiliate Program Terms & Conditions

Kinguin Mafia PRO Affiliate Program Terms & Conditions

1. These Kinguin Mafia Pro Affiliate Program Terms & Conditions (“Terms & Conditions“ or “Agreement”) govern the rights and obligations of Kinguin Limited with its registered seat in 8/F On Hing Building 1 On Hing Terrace, Central Hong Kong ( "Kinguin") and the natural person or entity set out on the relevant application form (“Application”) to join, and participate in, the Kinguin Mafia Pro Affiliate Program.

2. Kinguin Mafia Pro Affiliate Program is a program allowing a natural person or an entity (“Affiliate”) to obtain financial benefits by sharing a reflink to www.kinguin.net (the “Website”) - a special address containing a unique identification of the Affiliate, serving as a tool for the Affiliate to invite users (“Users”) to buy products offered on the Website  (the “Reflink”). Once the Reflink is shared and a User clicks on it, the User is able to see and buy the products offered on the Website.

3. In order to participate in the Kinguin Mafia Pro Affiliate Program an affiliate candidate (“Affiliate Candidate”):

a) shall be obligated to: aa) create the customer account via https://id.kinguin.net/register/ (“Account”) bb) use affiliate tab to sign up to Kinguin Mafia Pro Affiliate Program; cc) accept these Terms and Conditions and dd) send the Application by contacting Kinguin Mafia Team on affiliate@kinguin.net with “Kinguin Mafia PRO - Application – “Affiliate Candidate_name” as the subject of the message.

b) needs to be at least eighteen (18) years old. If the Affiliate Candidate acts on behalf of an entity it has to be authorized to enter into commitments arising from the execution of these Terms and Conditions on behalf of such an entity and in such a case the Affiliate Candidate asserts that his or her acceptance of these Terms and Conditions shall be equivalent to acceptance by such an entity.

4. On the basis of the information provided by the Affiliate Candidate in the Application, in particular relating to.

a) the number of subscriptions and views on Youtube channel,

b) the number of followers on Twitch channel, 

c) the activity of the Affiliate Candidate’s community on social media, Facebook fanpage, Twitter profile,

d) the general activity of all the Affiliate Candidate’s channels,

Kinguin may offer some of the following conditions relating to the Affiliate Candidate’s participation in the Kinguin Mafia Pro Affiliate Program:

aa) a higher Affiliate’s commission, that is amounting up to 7% but not lower than 5% of the price of the product purchase made on the Website by a User through the Reflink (“Commission”);

bb) a higher Affiliate’s commission for DACH Countries, included promotional program up to 10% of the price of the product purchase made on the Website by a User through the Reflink (“Commission”) by the end of September 2017;

cc) 3% coupon codes for purchases on the Website for the Affiliate’s community;

dd) customized banners with the Affiliate’s logo;

ee) prizes funded by Kinguin for contests organized by the Affiliate;

ff) promotion on Kinguin’s blog and/or its social media during contests or special events;

gg) occasional coupon codes, keys and vouchers for purchases on the Website;

hh) dedicated Affiliate’s manager.

5. Upon the Affiliate Candidate’s acceptance of all the participation conditions offered by Kinguin, the Affiliate Candidate’s Application may be approved by Kinguin.

6. Upon Kinguin’s approval of the Application, the Affiliate Candidate shall become the Affiliate of Kinguin Mafia Pro Affiliate Program.

7. The Affiliate acknowledges that the participation’s conditions offered by Kinguin to the Affiliate may be different from the conditions presented to other affiliates.

8. The Affiliate shall receive the Commission only for purchases made on the Website through the Reflink by a directly referred User who has created his or her customer account on the Website and paid the full price for a product purchase (“Completed Transaction”).

9. Any Commission received by the Affiliate is gross remuneration, including VAT, if the activities for which Commission is paid are subject to VAT, for which the Affiliate is solely responsible. Each Affiliate logged into his or her Account can see on the Account panel the amount of Commission he or she has earned. 

10. The Affiliate shall receive the Commission to his or her Affiliate Account within 7 days from the date of the Completed Transaction that has taken place on the Website. In case a Completed Transaction is annulled for any reason by Kinguin or a User, Kinguin shall be entitled to deduct from the Affiliate’s Account the Affiliate’s Commission earned as a result of such an annulment.

11. The Affiliate can place the Affiliate’s Reflink in any viable place and sites. The Affiliate cannot send unsolicited emails (so called spams) containing Reflinks, and must before placing the Reflink read the terms and conditions of any such sites and verify that Reflink placement does not violate any of the site’s terms and conditions.

12. The Affiliate agrees that he or she shall not:

a) engage in any activity detrimental to the good name or reputation of Kinguin or which may have a negative impact on Kinguin, or the products sold through the Website;

b) provide Kinguin with false or misleading information;

c) combine the Kinguin Mafia Pro Affiliate Program with the participation in other Kinguin’s  affiliate program; 

d) illegally attempt to obtain or illegally obtain Commission, in particular by impersonating a third party, whether actually existing or fictitious, in order to receive Commission through the Kinguin Mafia Pro Affiliate Program;

e) make on its own any purchase on the Website through the Reflink assigned to the Affiliate’s account;

f) use the Kinguin Mafia Pro Affiliate Program, the Website, and the Account for any other purpose other than specified in these Terms and Conditions;

g) make the Account or any of its functionalities available to third parties for a fee or any form of payment; 

13. If Kinguin suspects or has reasonable proof that the Affiliate is engaging in illegal activities or has been in breach of these Terms and Conditions, Kinguin may immediately terminate this Agreement.

14. This Agreement may be terminated by either party upon giving the other party one month’s termination notice. 

15. The Affiliate shall indemnify Kinguin, on its first demand, and shall hold Kinguin harmless and each of its officers, directors, employees, agents, subcontractors, affiliates, shareholders and partners from and against any and all losses, demands, claims, damages, costs, expenses (including reasonable legal costs and expenses) suffered or incurred, directly or indirectly, by Kinguin as a consequence of any breach of these Terms and Conditions by the Affiliate or any of the Affiliate’s warranties and guarantees.

16. Kinguin shall not be liable to the Affiliate for any loss of actual or anticipated income or profits, for any special, indirect or consequential loss or damage arising from the Affiliate’s participation in Kinguin Mafia Pro Affiliate Program.

17. In any case Kinguin’s aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall not, in any event, exceed the sum of the total monies paid by Kinguin to the Affiliate over one month period preceding the date on which such liability accrued.

18. The Affiliate agrees to the processing of personal data for the purpose of this Agreement, in particular data containing the information necessary to transfer the Commission to the Affiliate. The Affiliate has the right to access such data and to correct or change such data at any time. 

19. Kinguin reserves the right to amend, change or modify these Terms and Conditions, which it may do at its sole discretion, at any time by posting the amended Terms and Conditions on the Website. The Affiliate is therefore obligated to regularly check these Terms and Conditions, and any Affiliate that decides not to terminate the Kinguin Mafia Pro Affiliate Program within 7 days after the posting of amended Terms and Conditions shall have been deemed to accept the amended Terms and Conditions. Unless provided otherwise, amended Terms and Conditions shall come into force automatically thirty (30) days after their publication on the Website.

20. Any communication with Kinguin should be done via an email, using the following email address: affiliate@kinguin.net

21. The validity, construction and performance of these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes relating to the execution and interpretation of these Terms and Conditions shall be brought to the Hong Kong courts.

Kinguin Mafia PRO

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