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PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND T TWO LUXE COLLECTIONS. (DOING BUSINESS AS T2.COM.MY)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in T2.COM.MY's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the T2.COM.MY web site. Please note that throughout this Agreement, "we," "us," and "our" refer to T2.COM.MY, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To register for the Affiliate Program, you must complete and submit the Affiliate Program Application Form. The Affiliate Program Application Form is included on T2.COM.MY and can be completed and submitted through the web site.
All affiliate membership is subject to prior approval. T2.COM.MY reserves the right to refuse service to any new or existing affiliate, in its sole discretion, with our without cause. T2.COM.MY reserves the right to refuse to do business with anyone, at any time, for any reason. By using The T2.COM.MY Affiliate Program, you warrant that:
2.1.1. You are 18 years of age and that there is no legal reason that the Affiliate cannot enter into a binding agreement.
2.1.2 You are the owner or are licensed to use the entire contents contained on the approved website.
2.1.3 Your website and/or newsletter do not violate any law or regulation.
2.1.4 Your website and/or newsletter do not contain misrepresentation or content that is defamatory or violates any rights of privacy or publicity.
2.1.5. Your website and/or newsletter do not incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. You place our banners anywhere on your site as you see fit, or within non-spam emails.
2.1.7 You are not allowed to use or/and post our banners or links to newsgroups, chat rooms, message boards, banner networks, counters, or guestbooks etc without prior approval from T2.COM.MY.
2.1.8. You are not allowed to create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are T2.COM.MY or any other affiliated business.
2.1.9 As a member of T2.COM.MY's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the T2.COM.MY web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.2. T2.COM.MY reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.3. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
2.5 Failure to abide by these rules could mean termination from Affiliate Program.
2.6 Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales or click-throughs using robots, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions.
3. T2.COM.MY Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the T2.COM.MY Affiliate Program.
3.2. T2.COM.MY reserves the right to terminate this Agreement and your participation in the T2.COM.MY Affiliate Program immediately and without notice to you should you commit fraud in your use of the T2.COM.MY Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, T2.COM.MY shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and T2.COM.MY's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in T2.COM.MY's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
T2.COM.MY respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of you and your company. We will not sell your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If you have any questions about your privacy rights, contact us at affiliate@T2.COM.MY
You will receive a commission and/or incentive for sending a T2.COM.MY authorized sales via your links. In order to place links, you must first be approved by T2.COM.MY to become an affiliate of T2.COM.MY Affiliate Program. You understand that the payout amount may be changed at any time. 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 T2.COM.MY.
The commission structure of T2 Affiliate Program is shown as below:
T2.COM.MY Affiliate Program
The minimum amount of commission to be entitled for the payout of the month will be RM 100. Commission amount below RM 100 of the month, will be accumulated until RM 100 on the following month(s) to be payable to Affiliate unless Affiliate decided to terminate his/her participation in T2 Affiliate
The cut-off date for commission calculation of the month is on the 30th of every month. Payments are made automatically within 5 working days after 30th of every month AND when your account balance reaches RM100 or more for the previous months' transactions. Money credited to your account does not accrue interest.
If an order is later refunded to the customer or charged back by the customer, or if a customer's check does not clear, the referral fee, and any Affiliate charge back fees, will be deducted from the next monthly payment sent to the Affiliate.
8. Access to Affiliate Account Interface
You will create a password so that you may enter T2.COM.MY’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
T2.COM.MY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING T2.COM.MY SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF T2.COM.MY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
10. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL T2.COM.MY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless T2.COM.MY, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all 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 (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and T2.COM.MY. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
13.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of Malaysia without regard to the conflicts of laws and principles thereof.
13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.