JIHOY Affiliate WEBSITE TERMS OF USE
These Jihoy Website Terms of Use (the "Terms of Use") explain
the contractual agreement between you ("you", "your") and Jihoy
("Jihoy","we," "us," "our"), regarding
your use of and access to the website located at www.jihoy.com (the
"Website").
ACCEPTANCE
Your access to and use of this Website is subject to your acceptance of
and compliance with these Terms of Use. Jihoy reserves the right to change
these Terms of Use from time to time, without liability to you, and your
continued use of this Website constitutes your acceptance of and agreement with
any such changes.
USERS
Users will either access the Website as a visitor, with no ability to
access services provided by Jihoy for users that have elected to become members
by registering as a Jihoy(tm) Member ("Member"), or as a Member with
the ability to use such Member services. Upon your completion of the Member
registration, you will be deemed to have opted in to receive e-mail
communication from us. Any user IDs, names or passwords associated with your
membership account shall be maintained by you as confidential and should not be
shared by you with anyone not authorized to have access to your personal information.
MEMBERSHIP ACCOUNT
Users are prohibited from selling, trading or transferring their Jihoy
membership account (including, but not limited to, selling, trading or
transferring e-mails associated with such account, and/or POINTS earned through
such account). You agree to provide accurate and complete information about
yourself when registering, and to accept responsibility for all activities that
occur under your account or password. Users may only have one membership
account. The registration of multiple accounts by or for the same person, or
any action taken to try to circumvent the membership eligibility, proper
working of the POINTS system or otherwise, shall be considered a breach of
these Terms of Use. Upon any such breach, Jihoy may terminate all such accounts
and/or POINTS associated therewith, prohibit further use by such individual or
individuals of the Website, or take other actions deemed necessary by Jihoy in
its sole discretion.
MEMBER COMMUNICATION
The Website may provide Members with the ability to send email messages
and post messages to others on the Website. Jihoy has the right, but not the
obligation, to monitor, decline, edit or remove all or a portion of any
postings, submissions or content. By utilizing the Website or sending e-mails
to Jihoy, you consent to receive communications from Jihoy.
Jihoy Affiliate Service Disclaimer
(Terms of Use)
This
Affiliate Service Agreement (the "Agreement") is made by and between
Jihoy.com, and you, as an Affiliate utilizing the Jihoy.com service
("You", "Your", "Affiliate").
You must
agree to abide by the terms and conditions contained in this Agreement in order
to participate. Please read this Agreement carefully before registering and
using the Service as an Affiliate. By signing up for jihoy.com, you indicate
Your acceptance of this Agreement and its terms and conditions. If You do not
accept this Agreement, do not use the jihoy.com Service as an Affiliate.
The following agreement is summarized as follows:
PRIVACY POLICY
Jihoy.com respects the privacy of its users and will not disclose personal
information to third parties without the express permission of You and Your
company. If You have any questions please contact admin@jihoy.com.
DEFINITIONS
"Performance Marketing" occurs when individual web sites that
generate their own traffic ("Affiliates") partner with online
Merchants ("Merchant")'s and the Merchant pays a commission or other
reward for those Visitors resulting in a measurable action such as a closed
sale, lead, hit, or other action.
"Affiliate" means an individual or business generating their own
traffic and thus rewarded for legitimate sales, leads, clicks, or other
measurable action. Affiliates use Jihoy.com to facilitate relationships with
Merchants as well as gain tracking, reporting, and receipt of commission
payment.
"Merchant" means an e-commerce entity paying a commission or bounty
for legitimate sales, leads, clicks, or other measurable action by a Visitor.
Merchants use Jihoy.com facilitate relationships as well as gain tracking,
reporting, and issuance of commission payment.
"Visitor" means any person, or user that clicks on a Link to a
Merchant's Web site placed on an Affiliate's Web site.
"sale commission" means the Payout the Merchant sets and agrees to
pay for Visitors referred to the Merchant's Web site that results in a sale of
a product or service. The sale could occur at the time of the visit or at a
later time not to exceed 30 days. If a sale occurs after 30 days and the
Visitor has not returned through an authorized Affiliate's site, then no Payout
shall occur.
"lead commission" means the Payout the Merchant sets and agrees to
pay for Visitors referred to the Merchant's Web site that results in the
Visitor performing an action defined by the Merchant. Such an action could
include filling out a form, joining a mailing list, or other mechanism to
identify potential customers. The action could occur at the time of the visit
or at a later time not to exceed 30 days. If an action occurs after 30 days and
the Visitor has not returned through an authorized Affiliate's site, then no
Payout shall occur.
"click commission" means the Payout the Merchant sets and agrees to pay
for a valid click from an Affiliate Partner's site to the Merchant's site that
results in the Merchant's Web site being viewable to the Visitor. A click is
deemed valid when it meets certain criteria as defined on the Web site or in
this agreement, which criteria may change from time to time.
"Payout" means the amount of sale commission, lead commission, or
click commission a Merchant agrees to pay for an individual measurable action.
The Payout is defined as either a percetage of a total sale amount, or as a set
bounty (flat rate) per action.
"Commission" means the amount sale commission, lead commission, or
click commission a Merchant agrees to pay for an individual measurable action.
The Payout is defined as either a percetage of a total sale amount, or as a set
bounty (flat rate) per action.
"Link" means a hyperlink placed on an Affiliate's site that, when
clicked on, sends a Visitor through to a Merchant website via redirection at
Jihoy.com. Links take many forms including text, a product image, buttons,
banners, videos or any other format acceptable to the Merchant.
"VOID" means a reversal of a Payout previously earned for a sale,
lead, or click that is later rescinded or corrected by the Merchant. Merchant's
may VOID transactions that are fraudulent, or in the case of returned
merchandise, duplicate transactions, or other valid reasons.
"Your Account" means a specific account within the Service, where
Commissions are credited.
THE SERVICE
Jihoy.com has developed and operates a service (the "Service") which
allows Affiliates to participate in Performance Marketing programs. As an
Affiliate of Jihoy.com you will be establishing arrangements with third party
organizations, called Merchants. All Affiliate relationships established
between You, the Affiliate, and Jihoy.com Merchants, will be conducted and
managed through the Service.
LINK PLACEMENT
As an Affiliate of the Service, you may place and remove Merchant Links on Your
site and in acceptable locations.
AFFILIATE PAYMENT
You will receive a Commission for sending a Merchant authorized sales, leads,
and/or clicks via Your Links. In order to place Links, You must first be
approved by a Merchant to become an Affiliate of that Merchant's program. You
understand that the Payout amount may be changed at any time. This information
is also available to You at the jihoy.com Member's Area. You are responsible for
determining if the Payout for a Link You have placed on Your site has changed
or been discontinued. You receive the Commission from jihoy.com. Payments are
made automatically on the twentieth (20th) day of each month when Your account
balance reaches $50 or more for the previous months' transactions. Money
credited to Your Account does not accrue interest. In the event of a VOID by a
Merchant, jihoy.com may recover from You the corresponding Commission
previously credited to Your Account. The VOID Commission will be immediately
deducted from Your Account balance. In the event that Your Account balance is
less than the VOID Commission, the VOID Commission will be deducted against
Your future earnings. You will NEVER be asked to send money to jihoy.com.
PRIVACY
You agree to be bound by the terms of our Privacy Policy.
OWNERSHIP
This Website and the content and all intellectual property rights
included in or associated with the Website, including, but not limited to
patents, copyrights, trademarks, service marks and logos (collectively
"Content"), are owned or licensed by us, and all right, title and
interest in and to the Website and Content remains with us. Except as
ordinarily occurs when a website is downloaded to your computer in the normal
course of viewing such website, Content may not be utilized, copied,
distributed, re-published, uploaded, posted, modified, reverse-engineered, or
transmitted in any manner inconsistent with these Terms of Use, including, but
not limited to, use of such Content for commercial purposes (e.g., sale of
merchandise with the Jihoy logo on it). Certain Content may be licensed from
third parties and all such third-party content and intellectual property rights
related to such Content belongs to the respective third parties. In any event,
you may not remove any copyright, trademark, logo or other intellectual property
or proprietary notice or legend contained on the Website or in the Content.
USER FEEDBACK AND SUBMISSIONS
Jihoy welcomes your feedback, but if you send us your feedback, creative
or original concepts or ideas, or any confidential, proprietary or other
information ("Submissions"), Jihoy will be free to use or not use any
such Submissions. Jihoy shall not be required to compensate you for any such
Submissions, and any such Submissions and shall not be considered confidential
upon submission to Jihoy. Further, by providing Submissions to Jihoy via the
Website or otherwise, you: a) represent that you own or have the right to
utilize and disclose such Submissions; b) automatically grant Jihoy a
perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicense
able, royalty-free license to use the Submissions, and exercise all copyright,
publicity and other rights with respect to any such Submissions; and c) subject
to existing laws, waive any moral rights you or your licensors have in any such
Submissions."
POINTS
Jihoy Points(tm)("Jihoy POINTS"),are not redeemable for cash
and have no cash value. Points are purely promotional in nature, are only for
use on the Website, and do not constitute a property right or interest. POINTS
may be redeemed immediately or accrued over time, up to 12 months. POINTS will
expire on a rolling monthly basis if not redeemed within 12 months. Jihoy may
discontinue the Points program or revise the Points program terms and
conditions at any time. All POINTS terminate upon any termination of your
membership. Please see the official POINTS Rules for additional terms
applicable to acquiring and using POINTS.
TERMINATION
Jihoy shall have the right to terminate your use of the Website and/or
your Membership privileges any time for any reason, including, but not limited
to, you're breach of these Terms of Use or your breach of the POINTS Rules.
Following any such termination, Jihoy shall have no further obligations,
responsibilities, or liabilities to you. Notwithstanding anything to the
contrary contained herein, in the event that Jihoy terminates your use rights, Jihoy
shall in no way be precluded from pursuing any and all of its additional rights
and remedies, either at law or in equity, for any claims, damages, awards, costs
and liabilities occasioned by your breach of these Terms of Use or the POINTS
Rules.
PROHIBITED ACTIVITIES
You may not create fake or temporary emails for any purpose in
conjunction with sending invites or earning POINTS on Jihoy. You may not sell
or purchase Member accounts and/or associated e-mail addresses or POINTS, and
you may not sell invitations for membership (via an e-mail invitation website
or otherwise). You may not use any device, software or routine intended to
damage or interfere with the proper working of the Website or to
surreptitiously interceptor expropriate any system, data, images or other
multimedia elements or personal information from the Website. You may not take
any action which imposes an unreasonable or disproportionately large load on
our infrastructure, including but not limited to denial of service attacks,
auto-generation techniques, "spam" or any other such unsolicited
overload technique.
Remember, pigs get fat - hogs get slaughtered. It's a community- of your
friends, our friends and friends you've yet to make. So if you cheat the POINTS
system (including, but not limited to, assisting others in cheating the POINTS
system), you cheat the community, and for that you will lose your membership.
LINKING AND THIRD PARTY CONTENT
The Website may contain links to third-party websites not under our
control or operation. We provide any such links only as a convenience and do
not endorse and are not responsible for the contents of any linked site or any
link contained in a linked site. The Website may contain news, advertisements,
content and information published by various third-party providers. Use of any
such third-party content may be conditioned upon such third party's terms and
conditions.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and/or conditions (e.g. purchase and return policy
terms and use of Points) may apply to specific areas of the Website or to
Member services or Website functionality, and you agree to abide by such other
terms and conditions.
LAWS AND REGULATIONS
You agree to comply with all, statutes, ordinances and regulations
regarding: (i) use of the Website and its Content and (ii) release of
information to and retrieval of information from the Website. To the extent
that any applicable taxes apply to your use of the Website, you are responsible
for the payment of such taxes. We reserve the right to report any wrongdoing,
if and when we become aware of it, and disclose any information contained in
the Website, as applicable, to any applicable government agencies, all without
liability to us.
INDEMNIFICATION
You agree to indemnify, save, defend, reimburse and hold us harmless
from and against any and all claims, demands, actions, costs, liabilities,
losses and damages of any kind(including attorneys' fees), etc. resulting from:
(i) your use of the Website; (ii) your breach of any provision of these Terms
of Use; (iii)the illegality, reliability, appropriateness, originality or
copyright of any Submission; and/or (iv) any intentional wrongdoing by you whether
by action or omission.
COMPATIBILITY
Jihoy is not responsible for your software or browser compatibility with
the Website and access to the Website and its features may depend on your
software or browser capability and functionality.
DISCLAIMER OF WARRANTIES
JIHOY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT,
FITNESS FOR A PARTICULARPURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS
WEBSITE OR ANY INFORMATION PROVIDED HEREIN OR THE AVAILABILITY OF THIS WEBSITE
OR THEACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE.
LIMITATION OF LIABILITY
JIHOY SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE,
FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION,
CONTENT, MERCHANDISE AND EXPERIENCESPROVIDED VIA THE WEBSITE. JIHOY SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIALOR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF
THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA
THE WEBSITE(INCLUDING VIA REDEMPTION OF POINTS), INCLUDING, BUT NOT LIMITED TO,
LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL
INJURYOR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT,
WARRANTY, OR OTHER LEGAL THEORY, EVEN IF JIHOY HAS BEEN INFORMED INADVANCE OF
THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY
FORESEEN BY JIHOY. REGARDLESS OF WHETHER ANYREMEDY SET FORTH HEREIN FAILS OF
ITS ESSENTIAL PURPOSE OR OTHERWISE, JIHOY' TOTAL LIABILITY, REGARDLESS OF THE
FORM OF ACTION, SHALL NOT EXCEED $50.
GOVERNING LAW
These Terms of Use shall be governed by and construed and enforced in
accordance with the laws of
AGE VERIFICATION
By registering as a Affiliate member, you certify that you are 18 years
of age or older. Children under the age of 18 may not become a Member, and
parents or legal guardians may not agree to these Terms of Use on their behalf.
If you are a resident of a state, province or country that imposes additional
or different age requirements for disclosure of personally-identifiable
information, by registering as a Member, you hereby represent that your
registration as a Member, the provision of your personally-identifiable
information to us, and our use of such personally-identifiable information as
stated in our Privacy Policy, does not violate the applicable laws or
regulations of such state, province or country.
MISCELLANEOUS
Members or other recipients of free or purchased merchandise from Jihoy
are responsible for all applicable taxes and duties (including, but not limited
to, country-specific import duties and taxes). To learn more about country-specific
duties and taxes, go to http://www.fedex.com/us/international/irc/profiles/?link=2.
Our failure to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision. If any provision of
these Terms of Use shall be unlawful, void, or for any reason unenforceable,
that provision shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of any remaining provisions. You agree
to comply with all local rules regarding online conduct and acceptable
materials. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical or other data exported from the
POINTS Rules
1.
POINTS will be awarded for purchases, participation in site activities,
charitable donations, and as otherwise determined by Jihoy, as specified at www.jihoy.com
2.
POINTS may only be redeemed at www.jihoy.com in
accordance with the specific POINTS-redemption offer.
3.
Jihoy may, without prior notice and in its sole discretion, alter,
limit, or modify program rules, regulations, POINTS earning structure, POINTS
redemption levels, or any other feature of the
4.
Members may only earn and use POINTS via one membership account. The
creation of multiple membership accounts by or for one individual, the transfer
or sale of any such accounts, and the use of POINTS earned by or awarded to
such accounts is prohibited. Jihoy reserves the right to void the membership
and/or redemption privileges of any person(s) who have wrongfully earned POINTS
(whether by circumvention, transfer, purchase, deception, forgery, fraud, or
otherwise), or have breached these POINTS Place Program Rules or the Website
Terms of Use.
5.
Only the individual member who makes the purchase or engages in the POINTS-generating
activity may earn and use POINTS. POINTS are not transferable from one Jihoy
account to another. POINTS may not be reproduced, are not redeemable for cash,
and are good for one-time use only. POINTS will be deducted from the member's
account at the time of redemption.
6.
Credits for merchandise returns and other financial adjustments made by Jihoy
will be deducted from the POINTS balance.
7.
Members are solely responsible for determination of any tax or other
fees, service charges or liability arising out of earning or redeeming POINTS.
8.
Members are subject to and shall comply with any additional terms,
conditions and restrictions that apply to specific redemptions.
9.
POINTS may be redeemed immediately or accrued over time, up to 12
months. Points will expire on a rolling monthly basis if not redeemed within 12
months.
10.
JIHOY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES)
TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR
PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF POINTS
FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.