Affiliate terms and conditions
As an authorized affiliated partner (Affiliate) of Groovy Shades (M) Sdn. Bhd. (Groovy), you agree by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Groovy as an Affiliate.
Your participation in the Program is solely to legally advertise our product and receive a commission on products purchased by individuals referred to Groovy by your own website or personal referrals.
By signing up for the Groovy Sunshades Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions, that can be change at any time.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application. We choose our partners carefully, and you understand that we have valid reasons for rejecting your application.
For an Affiliate to receive a commission, the referred account(s) must have placed purchases amounting to a minimum of MYR250 (MYR = Malaysian Ringgit).
The same legal entity cannot both receive commission and be a customer at the same time. Customer and Affiliate have to be two separate legal entities.
Payments will only be sent for transactions that are older than 30 days (commission age). Transactions that result in charge-backs, refunds or disputes will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
Inappropriate advertisements (false claims, misleading hyperlink, etc.).
Sale or promotion of products that are similar to Groovy’s.
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotions that qualifies as an endorsement under any local laws.
Violation of intellectual property rights. Groovy reserves the right to require license agreement from those who employ trademarks of Groovy in order to protect our intellectual property rights. Groovy is a registered trade mark under the Trade Marks Act 1976 and the Trade Marks Regulations 1997 by Intellectual Property Corporations of Malaysia (Perbadan Harta Intelek Malaysia).
Self-referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Groovy reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
You may use graphics and text links both on our website and within in your email messages. You may also advertise the Groovy site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are approved by Groovy and deemed appropriate according to the conditions and not in the violations as outlined in Condition 3 (Termination).
Coupons and Deal Sites
Groovy occasionally offers coupons to select affiliates, to our newsletter subscribers and our social media audience. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
Affiliates may not bid on Groovy Coupons, Groovy Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that particular coupon or deal.
Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
While we strive to have a solid program with strong partners, Groovy will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and products sold by Groovy. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless Groovy and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Groovy to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, where Groovy Shades (M) Sdn. Bhd. is registered. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the court of Malaysia.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Groovy affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Groovy affiliate application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.