The Lace Petals Affiliate Program Agreement

Terms of Use 

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Lace Petals Affiliate Program (the "Program"). As used in this Agreement, "we" refers to Lace Petals and its owner Versanista Solutions, "you" refers to the applicant, and "products" refers to the sale of women's lingerie and intimate apparel offered by Lace Petals.

Enrolling as an Affiliate

To begin the enrollment process, you must submit a complete Affiliate Sign Up form at our site.   We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for our affiliate program for any reason.

If we reject your application, you are welcome to reapply to our Affiliate Program at any time.

You must be a resident of Malaysia and above the age of 18 to participate in the Program.

Prohibited Sites

Prohibited Sites for participation in the Lace Petals Affiliate Program are as follows:

Linking to our Website 

After you have enrolled as an Afflilate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilizing the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of commission as a result of your errors.

Affiliate Commission

Subject to the terms and conditions of this Agreement, you will be paid a commission for each customer referred from your site through the Lace Petals link on your site who successfully purchases any lingerie or intimate apparel at the Lace Petals site.

If it is later found that the customer's purchase was refunded for whatever reason, we retain the right to withhold any payments to you resulting from that individual's purchases.

Our Affiliate Program primarily relies on cookies to track customers. If for whatever reason, the customer is not using cookies, or the cookie expires, or the customer deletes the cookie and they cannot be tracked, you will not earn commission for any purchases that customer may make. Our cookies are set to expire after ninety (90) days. You will earn a commission for any number of purchases the customer may make during this period.

If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to Versanista Solutions.

Commission may not be paid to an Affiliate if the details we hold for that Affiliate are not accurate. It is the Affiliate's responsibility to make sure that we are notified of any change in their details such as email or postal address. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempts to use the service.

Commission Determination

The purchase price of lingerie and intimate apparel products sold at Lace Petals, including our e-Gift certificates, will count toward the total sales during the calendar month in which such products are sold. Only products that are sold by us (to users of your site linked to our site), shipped to a customer, and for which we have received full payment will qualify for a commission.  Commissions exclude amounts collected by us for shipping, handling, and similar charges, amounts due to credit card fraud and bad debt, and credits for returned goods.

Affiliate Commission Schedule

You will earn an commission of fifteen percent (15%) of the value of each successfully referred purchase. The commission is payable to you at the beginning of each month for the preceding month provided that the commission owed is more than MYR150.

Policies and Operating Procedures

Customers purchasing products from Lace Petals through this Program will be deemed to be customers of Lace Petals. Accordingly, all Lace Petals rules, policies, and operating procedures concerning the products will apply to those customers. We may change our policies and operating procedures at any time.

Limited License

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of Lace Petals or Versanista Solutions. We may revoke your license otherwise.

Your Responsibility

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement.

You acknowledge and agree that your website information (name, URL, traffic counts, etc.) may be utilized by Lace Petals. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc.

The information provided by Lace Petals to you may be proprietary in nature. You acknowledge that you are not a competitor of Lace Petals, and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this Agreement.

Term

The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or Lace Petals may terminate this Agreement at any time, with or without cause, by giving theother party written or emailed notice of termination.

Your site is subject to periodic review. If we determine at any point after acceptance into our scheme that your site is not suitable for the scheme, we may unilaterally end the status of your site as an Affiliate.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the scheme following our modifications will constitute a binding acceptance of the change.

Limitation of Liability

We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this Agreement or the 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 Affiliate Program will not exceed the total commission paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this Agreement, no weight shall be placed upon the fact that this Agreement has been drafted by us, and you shall not assert that this Agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we 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.

Miscellaneous

This Agreement will be governed by Malaysian law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Malaysia, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. 

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