Kushae Brand Influencer Agreement
Please carefully read and review accept the terms and conditions of this Agreement of The Kushae Brand Influencer Program below. All applicants must accept the terms and conditions of the agreement to be considered for the program, thank you.
Our influencers must not: Run ads bidding on Kushae-related brand terms. Terms include, but are not limited to: Kushae, Kushae reviews, Kushae Foaming wash etc. Any influencer found running ads on any platform that bid on Kushae brand terms will immediately be removed from our influencer program without warning, and any pending conversions and unpaid commissions will be denied. Use coupon code websites to drive traffic to Kushae.com — any influencer found to be using this strategy will immediately be removed from our program and any pending conversions will be denied.
We may reject your application for any reason, including, but not limited to our determination, in our sole discretion, that your Site is unsuitable for the Program. Unsuitable Sites include, but are not limited to, those that: (a) contain or link to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) promote illegal activities; (e) infringe our intellectual property rights or those of any third party or otherwise violate the rights of any third party; (f) contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; (g) promote the use of any pyramid or similar schemes; (h) contain software downloads that potentially enable diversions of commissions from other sites, (i) include "Kushae", "BK Naturals, Inc.", "Kushae.com" or "Kushae.com" or variations or misspellings thereof, in their domain names; (j) have a clear stated mission that is in part to support religious or politically active causes, as represented on the homepage or one of the key landing pages; or (k) distribute content to third parties.
- Order Processing. We will process product orders placed by customers who follow Special Links from your Site or page to our Site. We reserve the right to reject orders that do not comply with any and all requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. You may not purchase products with your shared link for your own use, resale, or commercial use of any kind. You are only permitted to use your personal lifetime discount link that you have been provided. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result, in our sole discretion, in the withholding of referral fees or the termination of this Agreement.
- Policies and Pricing. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all BK Naturals, Inc., rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
- BK Naturals, Inc., Marks. The trademarks, trade names, designs and logos made available to you through the Kushae Site, that are used or owned by Kushae, BK Naturals, Inc., or their wholly owned subsidiaries ("BK Naturals, Inc, Marks") are proprietary marks of BK Naturals, Inc. Subject to the terms and conditions of this Agreement, BK Naturals, Inc., grants you a limited non-exclusive, nontransferable, revocable license to use the BK Naturals, Inc., Marks during the term of this Agreement. You will not (a) modify the BK Naturals, Inc., Marks, or (b) cause any act or thing that would impair our rights in the BK Naturals, Inc., Marks or damage the reputation for quality inherent in the BK Naturals, Inc., Marks. Further, you acknowledge (a) your use of BK Naturals, Inc., Marks does not convey to you any right, title or interest in or to the Kushae.com Marks; (b) BK Naturals, Inc., ownership of the BK Naturals, Inc., Marks, (c) you may not contest the BK Naturals, Inc., Marks, register or attempt to register in any jurisdiction any BK Naturals, Inc., Mark or any confusingly similar mark or trade name; (d) you agree to identify the BK Naturals, Inc., Marks by including appropriate symbols and notices reasonably requested by us; (e) you may not obtain or use the BK Naturals, Inc., Marks except as provided in Section 1; and (f) your use of the BK Naturals, Inc., Marks, including all goodwill associated with such use, shall inure solely to BK Naturals, Inc.
- Customer and Sales Information. We will own all right, title and interest (including all intellectual property rights) in and to all information that is created or collected in connection with this Agreement, including, without limitation, (a) any contact information collected from any customer who enters the Kushae.com Site from a link from your link.
- You may not use the Kushae.com or the BK Naturals, Inc., name, or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, you may NOT post BK Naturals, Inc., sales, promotions or coupons on your site without our prior written consent; you may NOT purchase domain names that have Kushae variations or misspellings in them which are solely intended to direct traffic away from the Kushae.com; you may NOT create sub-affiliate accounts under the original approved affiliate account, unless each such sub-account is approved and review by Kushae; you may NOT promote Kushae.com in emails/newsletters without prior written approval of the placement; you may NOT use Kushae.com, name, or any variation thereof, in subject lines of emails/newsletters; you may NOT use Kushae.com, name, or any variation thereof, in hidden text or source code; you may NOT use Kushae.com, name, or any variation thereof, in your domain or sub- domain; you may NOT engineer your site in such a manner that pulls Internet traffic away from Kushae.com; you may NOT engineer your site in such a manner that would be considered, "keyword stuffing", such as using terms in hidden or live text that is meant to attract search engine spiders in order to determine higher relevancy to Kushae.com; you may NOT purchase any keywords on search sites related to Kushae or any variation thereof. Kushae strongly discourages You from the use "coupon" terminology when promoting Kushae.com; as an alternative, the use of "event" or "sale" is highly recommended. You may not launch the Kushae.com site directly from search engine listings or from your site unless the visitor clicks through a Kushae banner, logo or product. Kushae may, in its sole discretion, suspend Your account and/or withhold referral fees if, it in its sole judgment, it determines You are in violation of any of the prohibitions or conditions contained herein. In addition to the Termination provisions set forth below, violation of the forgoing prohibitions may result in the immediate termination of this Agreement.
- Term of the Agreement; Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either of us. Either you or BK Naturals, Inc., may terminate this Agreement at any time and for any reason, with or without cause, by giving the other party written or electronic notice of termination. If you don't generate at least 50 click-throughs or at least one sale per month through affiliate links, you may be removed from the program.
- We reserve the right to change or modify the terms and conditions contained in this Agreement, at any time and in our sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes to the Site. Kushae may deliver notice in writing, by posting it on our site, email, direct message or the like.
- Relationship of Parties. Both of us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. 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 Site or otherwise, that reasonably would contradict anything in this Section.
- Assignment and Successors. 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 be enforceable against, the parties and their respective successors and assigns.
- Scope of Agreement. This Agreement and the Referral Fee Schedule constitutes the entire agreement and understanding between us with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations between us.
- Injunctive Relief. You expressly agree that your violation of Sections 1, 7, 8, 10 or 11 will cause irreparable harm to BK Naturals, Inc., and that a remedy at law would be inadequate. Therefore, in addition to any and all remedies available at law, BK Naturals, Inc., will be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation of any or all of the provisions hereof.
- Attorneys' Fees. In the event any action is commenced to construe or enforce any provision of this Agreement, the prevailing party, in addition to all other amounts such party shall be entitled to receive from the other party, shall be entitled to receive its reasonable attorneys' fees and costs incurred in bringing such action.
- Any notices required or permitted by this Agreement shall be delivered to the other party through the Kushae Network. Notice shall be deemed given one business day after such notice was sent via the Kushae Network by the sending party.
- Governing Law, Jurisdiction, and Venue. This Agreement will be governed by the laws of the United States and the State of Washington, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought only in the federal or state courts located in Seattle, Washington, and you irrevocably consent to the jurisdiction of such courts.
- 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. The failure of either party to enforce any right or remedy shall not be deemed a waiver of said right or remedy.
- We do not permit you to utilize media releases of any kind to publicize your business relationship with Us. You shall not use any BK Naturals, Inc., Mark, trademark, service mark, logo or any other information which identifies Kushae in Agency's sales, marketing and publicity activities and/or materials, including, but not limited to interviews with representatives of any written publication, television station or network, or radio station or network, and publication in any Internet Web site, digital media, print, video or audio media.