Terms and Conditions
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Article 1: General Rules for Use
An Affiliate Services . (hereinafter referred to as the "Service") operated by JSKY Services, Inc. (hereinafter referred to as the "JSKY") to the sites of advertisers affiliated with all JSKY Affiliates registered as JSKY Affiliates (hereinafter referred to as the "Affiliates") Affiliiates agree to the following Terms of Use, the following Prohibited Promotions Policy and Privacy Policy, and for affiliates or affiliate agents who violate these Terms, the Prohibited Promotions Policy and Privacy Policy, the Services may suspend your use, suspend your login, or have the right to refuse to pay advertising fees.
Article 2: Refusal to Provide Services
The Service may refuse to provide the Service to certain affiliates which the Services deems that said affiliates is not an appropriate entity for posting Services Affiliates' websites. The Service shall reserve its sole descretion to determine whether said affiliates are suitable for Affiliates' position. The Service is not obliged to disclose any reason for its aforementioned decision.
Article 3: Handling of Personal Information
Except when there is a request for disclosure from a public institution (court, police, etc.) based on the law, the information of the enrollee and the Affiliate will not be disclosed to any third party for the purpose of protecting privacy.
Article 4: Affiliate Responsibility for the information affiliates promotional posts.
1. Affiliates are solely responsible for information they post, and the Service is not responsible for the enrollee and the affiliate. This applies to affiliate owned sites and any and all social media.
2. Affiliates shall not engage in any illegal and/or unlawful activities concerning Affiliates’ promotional posts described in Subsection 1 above, under any applicable laws of this Agreement and/or Affiliates’ places of business.
3. Upon Service’s receipt of any third party’s notice for any illegal and/unlawful activities described in Subsection 2 above, including, but not limited to, a DMCA notice, Service is allowed to take all appropriate action concerning Affiliates’ promotional posts under Service’s control.
4. Any damages (including any and all payments to a third party), and costs, including, but not limited to attorneys’ fees, the Service incurs in connection with Affiliates’ illegal and/or unlawful affiliate-related activities described in this section shall be entirely borne by Affiliates.
Article 5: Prohibited Acts
Any prohibited acts prescribed by the Service shall be separately stated in the Promotional Prohibition Policy. The Service shall not be liable for any damages or loss incurred by the Affiliate due to the prohibited acts prescribed by the Service.
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here for the Prohibited Promotions Policy
Article 6: Password and ID Management
Affiliates shall not disclose to third parties the passwords and IDs that the Services issue to affiliates. The Service also shall not disclose the affiliate's password and ID at the request of any third party. provided, however, that the affiliate shall provide a new password only if the Services is able to confirm that the existing oassword is lost, and the requesting person had an original possession of said password.
"Article 7: In the event of an act that violates the Prohibited Promotions Policy "
If an affiliate advertises in violation of a prohibited acts in this Agreement, or if the Service discovers spam misconduct or any other behavior that is contrary to social morals, the Service reserves it right to unilaterally terminate this Agreement with the affiliate and to refuse all payments. In addition, if the Service is damaged by this, the Service may claim damages against the affiliate.
Article 8: Affilimate Payouts
The Service shall pay the Affiliate the contingency fees based upon new memberships acquired by Affiliate
1. Computation period: The computation period means a period between the actual sales date and a Affiliate's wire request date. The aforementioned calculation period shall recur and govern the subsequent payments.
2. Identification of sales: The Service adopts a cookie method to identify sales.
3. Wire fee: The Service shall charge Affiliate a wire transfer fee per transaction in the amount of the amount of $35.00. However, if the amount of remittance application is $5000.00 or more, the wire transfer fee is waived.
4. Payment Standard: If the total amount of the requested Affliate payment is no more than $100.00, the payment will be carried over to the subsequent months until it reaches $100.00.
5, Invoicing: Affiliate, by claiming the payment amount calculated in the remittance application system set up on the Servive's member page, the Service will make a payment.
6, Payment date: The service shall pay by the 10th of the month following the application month, with the date of remittance request as the cut-off date. (If the 10th is not a bank business day, it shall be up to the next business day.) However, the amount to be transferred shall be the amount up to the time the remittance application was made, and the remaining amount shall be carried forward to the next month or later.
7. Taxes: With regard to tax processing on the amount of performance compensation under the Terms of this Agreement, the Affiliate shall be responsible for any taxes in accordance with the provisions of the Tax Act and other applicable laws and regulations.
"Article 9: Number of Valid Affiliate Accounts "
" All duplicate accounts due to duplicate registration are disabled. If there is a change in the number setting due to various circumstances, The Service will notify the Afiliate."
Article 10: Changes in Remuneration Fees
The Service shall be able to change the reward reduction fee at any time at its discretion of the Service. However, if the Service changes it, the Service will notify the affiliates in advance.
Article 11: Qualifications
To register with an Affiliate using this Service, you must meet the following conditions: The Service shall have the right to cancel the registration of the Affiliate at any time if it is determined that it does not meet the following conditions:
1. The age must be at least 18 years of age. (However, if the applicable local laws define legal ages to be 20 or 21 years of or older, then the applicable laws apply here. )
2. You read and agree to comply with these Terms, Prohibited Promotions Policy and Privacy Policy.
3. The data and information presented by the Affiliate at the time of application or after the launch of the Service shall not be false.
4. You have not been forced to be disengaged from the Service in the past.
5. To communicate with this Service in a manner of courtesy and courtesy.
6. After registering for the Service, continue to engage in affiliate activities of the Service.
7. Acts that do not comply with the copyrights of sites that are affiliated with the Service;
8. Uploaded contents shall not violate any applicable laws or infringe the rights of others.
9. Every individual must consent to uploaded contents.
10. Each Individual appearing in uploaded contents was at least eighteen (18) years of age at the time of production and you have examined record of this age verification.
11.No individual appearing in uploaded contents has been convicted of any crimes including but not limited to sexual crimes.
"Article 12: Disclaimer and Indemnification "
(1)The Service shall not be liable for any damages incurred by affiliates caused by the use of the Service, whether directly or indirectly. If an affiliate causes damage to a third party by using the Service, the affiliate shall be resolved from his/her own sole risk and shall not cause any damage to the Service.
(2) JSKY’s liability shall be limited, as provided in this Terms and Conditions.
(3) Any cause of action or claim from Affiliates to JSKY shall be commenced within a maximum of one (1) year after the cause.
(4) Affiliates shall indemnify, defend and hold harmless JSKY from and against any claims, loss, suit, liability or judgment suffered by contents uploaded by Affiliates, including but not limited to reasonable attorneys’ fees and court costs.
"Article 13: Non-disclosure of criteria "
The qualifications and prohibitions for providing the service shall be solely determined by the Service. The Service shall not disclosed its determination regarding the foregoing with limited circumstances. Affiliates shall not object to Service's determination based upon its standard.
"Article 14: Chargebacks "
If a user who purchases a membership using a credit card makes a refund (called chargeback) to his or her credit card company after purchase of membership, the equivalent amount will be deducted from the affiliate's sales. The applicable period covered by this section is as long as chargebacks are made. However, if the charged amount exceeds then existing sales, the Service shall not charge the Affiliate.
Article 15: Misuse of Credit Cards
If an incident of credit card fraud is uncovered, then the detrimented amount to the Services shall be deducted from Affiliate's sales. If the Affiliate committes fraud, the registration with the Service will be cancelled without notice and Affiliate's right to receive any sales shall be forfeited.
Article 16: Revision of Terms and Conditions
These Terms and Conditions shall be subject to changes and revisions at the discretion of the Service without the consent of the Subscriber. In the event of any revision of these Terms, these Terms shall apply to any relationship between the Services and Affiliates.
Article 17: Cancellation of Registration
The Service shall reserve its right to cancel Affiliates' registration at any time upon providinga prior notice.
Article 18: Effective Date of this Agreement
This Terms and Conditions shall be effectively executed upon the date of Service's acceptance of Affiliate's registration application.
Article 19: E-mail Guide
Affiliates agree to receive e-mail guidance, news & special offers issued by the Services.
Article 20 Others
1 Separation from anti-social forces
An Affiliate shall not be a member of an organized crime group and its affiliates, as defined in Article 2, item 2 of the Act on the Prevention of Unjust Acts by Organized Crime Syndicates of Japan, and its members and other antisocial forces in Japan. That the person who can decide his/her own financial and business policy does not fall under the antisocial forces, and does not provide guidance, cooperation, assistance, etc. to businesses, etc. operating and managing antisocial forces, etc. We guarantee this service. In addition, the Foreign Practice Corrupt Act; 42 USC 1320a-7b) to ensure that the other party does not receive illegal compensation, such as kickbacks.
2 Prohibition of Transfer of Rights and Obligations
Affiliate may not transfer, undertake, or provide security for all rights and obligations arising from this Agreement to a third party without a prior written consent of the Services.
3 Governing Law, Consultation and Jurisdiction
(1) All agreements shall be construed and governed by the laws of the State of California, USA. In addition, even if translations may be made in other languages, all of this Agreement shall be interpreted in English documents, even if the English text is the correct sentence and there is a mistranslation of difference between the two.
(2) In the event of any doubt regarding this Agreement, the Service and Its Affiliates shall consult and do so in good faith.
(3) With regard to legal disputes relating to this Agreement, the San Francisco County, District Court of the United States, shall be the exclusive court of exclusive jurisdiction in the first instance.
(4) Application time, reception hours, cancellations, etc. relating to this Agreement shall apply to all West Coast time of the United States unless otherwise specified.
(5) If a lawsuit is filed with respect to this Agreement, the Service and Affiliate agree that all litigation will be subject to arbitration in San Francisco County, District Court of California, USA. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. There shall be three arbitrators, and the Service and Affiliates shall appoint arbitrators one each. Two appointed arbitrators shall appoint the third.