Affiliate Terms & Conditions

  1. Partner Program Operating Agreement

    This Partner Program Operating Agreement (the "Agreement") is made and entered into by and between ShopStylers Sdn Bhd ("ShopStylers Sdn Bhd" or "we"), and you, ("you" or "Partner") the party submitting an application to become a ShopStylers Sdn Bhd partner).

    The terms and conditions contained in this Agreement apply to your participation with dashboard.shopstylers.com ("Partner Program"). Each Partner Program offer (an "Offer") may be for any offering by ShopStylers Sdn Bhd or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site").

    Furthermore, each Offer may have additional terms and conditions on pages within each Partner Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.

  2. Enrollment in the Partner Program

    You must submit a Partner Program application from our website. You must accurately complete the application to become an partner (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. In addition, you agree to supply a specific contact during your application review, we will notify you of your acceptance or rejection to the Partner Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.

  3. Obligations of the Parties

    Subject to our acceptance of you as an partner and your continued compliance with the terms and conditions of this Agreement, ShopStylers Sdn Bhd agrees as follows:

    We will make available to you via the Partner Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Partner Program and will establish a link from your Media to the Program Web Site.

    We will pay Partner for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by ShopStylers Sdn Bhd and (v) is not later determined by ShopStylers Sdn Bhd to be fraudulent, incomplete, unqualified or a duplicate.

    We will pay you the Revenue Share earned monthly, provided that your account is currently greater than $20.00 USD. Accounts with a balance of less than $19.99 USD will roll over to the next month, and will continue to roll over monthly until a minimum of $20.00 is reached. If applicable, this will be based on prevailing FOREX exchange rates published on the date of invoicing. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action, at any time.

    We will pay Partner for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by ShopStylers Sdn Bhd and (v) is not later determined by ShopStylers Sdn Bhd to be fraudulent, incomplete, unqualified or a duplicate.

    We will pay you the Revenue Share earned monthly, provided that your account is currently greater than $20.00 USD. Accounts with a balance of less than $19.99 USD will roll over to the next month, and will continue to roll over monthly until a minimum of $20.00 is reached. If applicable, this will be based on prevailing FOREX exchange rates published on the date of invoicing. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action, at any time.

    Payment for Revenue Share is dependent upon Clients providing such funds to ShopStylers Sdn Bhd, and therefore, you agree that ShopStylers Sdn Bhd shall only be liable to you for Revenue Share to the extent that ShopStylers Sdn Bhd has received such funds from the Clients for each specified Qualified Action. You hereby release ShopStylers Sdn Bhd from any claim for Revenue Share if ShopStylers Sdn Bhd has not received such funds from the Clients.

    Shopstylers Sdn Bhd receives funds from Clients at various times based on their validation of each specified Qualified Action. As such, Partner agree and understand some Clients confirm and provide funds between 45 and 60 days based on their agreement with Shopstylers Sdn Bhd. In turn, the process of summary report and automatic invoice will be based on these Client Agreement timelines and invoicing will indicate applicable months.

    ShopStylers Sdn Bhd shall automatically generate an invoice and summary report on behalf of Partner for all Revenue Share payable under this Agreement and shall remit payment to Partner based upon that invoice. This will be available by the 21st day of each month unless such date lands on a non-business date at which point the following next business day applies. All tracking of Links and determinations of Qualified Actions and Revenue Share shall be made by ShopStylers Sdn Bhd in its sole discretion. In the event that Partner disputes in good faith any portion of an invoice, Partner must submit that dispute to ShopStylers Sdn Bhd in writing and in sufficient detail within seven (7) business days of the date on the invoice.

    If Partner does not dispute the invoice as set forth herein, then Partner agrees that it irrevocably waives any claims based upon that invoice. Invoice is then deemed validated by Partner and applicable for processing payment.

    Partner agrees that they will be solely responsible for all Foreign Telegraphic Transfer Charges. Shopstylers Sdn Bhd will pay invoices based on N30 payment based on the date of invoice and report summary.

    Invoices are mandatory for payment process whether Shopstylers Sdn Bhd automatic invoices are used or the specific Partner invoice is used.

    In the event that Partner is also tracking Qualified Actions and Partner claims a discrepancy, the Partner must provide ShopStylers Sdn Bhd with Partner's reports within three (3) business days after 30th day of the calendar month, and if ShopStylers Sdn Bhd's and Partner's reported statistics vary by more than 10% and ShopStylers Sdn Bhd reasonably determines that Partner has used generally accepted industry methods to track Qualified Actions, then ShopStylers Sdn Bhd and Partner agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then ShopStylers Sdn Bhd's numbers shall govern.

    If Partner has an outstanding balance due to ShopStylers Sdn Bhd under this Agreement or any other agreement between the Partner and ShopStylers Sdn Bhd, whether or not related to the Partner Program, Partner agrees that ShopStylers Sdn Bhd may offset any such amounts due to ShopStylers Sdn Bhd from amounts payable to Partner under this Agreement.

  4. Partner also agrees to:

    Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

    Ensure that all materials posted on your Media or otherwise used in connection with the Partner Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that ShopStylers Sdn Bhd informs you that it considers objectionable (collectively, "Objectionable Content").

    Not make any representations, warranties or other statements concerning ShopStylers Sdn Bhd or Client or any of their respective products or services, except as expressly authorized herein.

    Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by ShopStylers Sdn Bhd or Clients or a part of the Program Web Site, without prior written permission from us.

    Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.

    Comply with the terms, conditions, guidelines and policies of any third party services used by Partner in connection with the Partner Program, including but not limited to, email providers, social networking services and ad networks.

    Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Partner Program and the provision of such personally identifiable information to ShopStylers Sdn Bhd and Clients for use as intended by ShopStylers Sdn Bhd and Clients.

    Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by ShopStylers Sdn Bhd or Client, or as required by applicable laws regarding such Offers.

    Make sure to not place ShopStylers Sdn Bhd ads on any online auction platform (i.e. eBay, Amazon, etc).

    The following additional program-specific terms shall apply to any promotional programs set forth below:

    Email Campaigns. For all email campaigns, Partner must download the "Suppression List" from the Offers section of ShopStylers Sdn Bhd. Partner shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. ShopStylers Sdn Bhd will provide an opt-out method in all Links, however, if any opt-out requests come directly to Partner, Partner shall immediately forward them to ShopStylers Sdn Bhd at [email protected]

    Partner's emails containing the Links may not include any content other than the Links, except as required by applicable law.

    Partner agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Partner Program, possible legal action and any other rights or remedies available to ShopStylers Sdn Bhd pursuant to this Agreement or otherwise. Partner further agrees that it will not mail or market to any suppression files generated through the ShopStylers Sdn Bhd network, and that doing so may result in Commission withholdings, removal or suspension from the Partner Program, possible legal action and any other rights or remedies available to ShopStylers Sdn Bhd pursuant to this Agreement or otherwise.

    Advertising Campaigns. No Links can appear to be associated with or be placed on chat rooms or bulletin boards unless otherwise agreed by ShopStylers Sdn Bhd in writing. Any pop-ups/unders used for the Partner Program shall be clearly identified as Partner served in the title bar of the window and any client-side ad serving software used by Partner shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.

    Partner Network Campaigns. For all Partner’s that maintain their own Partner networks, Partner agrees to place the Links in its Partner network (the "Network") for access and use by those Partners in Partner's Network (each a "Third Party Partner"). Partner agrees that it will expressly forbid any Third Party Partner to modify the Links in any way. Partner agrees to maintain its Network according to the highest industry standards. Partner shall not permit any party to be a Third Party Partner whose web site or business model involves content containing Objectionable Content. All Third Party Partners must be in good standing with Partner. Partner must require and confirm that all Third Party Partners affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Partner shall promptly terminate any Third Party Partner who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Partner with respect to the Links, Partner shall promptly disclose to ShopStylers Sdn Bhd the identity and contact information for such Third Party Partner. Partner shall promptly remove any Third Party Partner from the Partner Program and terminate their access to future Offers of ShopStylers Sdn Bhd in the Network upon written notice from ShopStylers Sdn Bhd.

    Unless ShopStylers Sdn Bhd has been provided with all truthful and complete contact information for a Third Party Partner and such Third Party Partner has affirmatively accepted this Agreement as recorded by ShopStylers Sdn Bhd, Partner shall remain liable for all acts or omissions of any Third Party Partner.

  5. Confidentiality

    Except as otherwise provided in this Agreement or with the consent of ShopStylers Sdn Bhd, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our Partners provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Partner Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Partner shall not use any information obtained from the Partner Program to develop, enhance or operate a service that competes with the Partner Program, or assist another party to do the same.

  6. Limited License & Intellectual Property

    We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Partner Program and assisting in increasing sales through the Program Web Site.

    You may not alter, modify, manipulate or create derivative works of the Links or any ShopStylers Sdn Bhd graphics, creative, copy or other materials owned by, or licensed to, ShopStylers Sdn Bhd in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Partner Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of ShopStylers Sdn Bhd's trademarks, service marks, copyrights, patents or trade secrets. You agree that ShopStylers Sdn Bhd may use any suggestion, comment or recommendation you choose to provide to ShopStylers Sdn Bhd without compensation. All rights not expressly granted in this Agreement are reserved by ShopStylers Sdn Bhd.

  7. Termination

    This Agreement shall commence on the date of our approval of your Partner Program application and shall continue thereafter until terminated as provided herein.

    You may terminate your participation in the Partner Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all ShopStylers Sdn Bhd or Client intellectual property, and will cease representing yourself as a ShopStylers Sdn Bhd or Client Partner for such one or more Offers.

    All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.

  8. Remedies

    In addition to any other rights and remedies available to us under this Agreement ShopStylers Sdn Bhd reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Revenue Shares or charge back paid Revenue Shares to your account if (i) ShopStylers Sdn Bhd determines that you have violated this Agreement, (ii) ShopStylers Sdn Bhd receives any complaints about your participation in the Partner Program which ShopStylers Sdn Bhd reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Partner Program. Such withholding or freezing of Revenue Shares, or charge backs for paid Revenue Shares, shall be without regard as to whether or not such Revenue Share were earned as a result of such breach. In the event of a material breach of this Agreement, ShopStylers Sdn Bhd reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

  9. Anti-Spam Policy

    You must strictly comply with the Malaysian Communications and Multimedia Commission Spam Laws as outlined in Section 233 as well as the USA federal CAN-SPAM Act of 2003 (the "Act").

    All emails sent in connection with the Partner Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Partner Program that you submit the final version of your email to ShopStylers Sdn Bhd for approval by sending it to your ShopStylers Sdn Bhd representative and upon receiving written approval from ShopStylers Sdn Bhd of your email the email may be transmitted to third parties.

    It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon ShopStylers Sdn Bhd's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon ShopStylers Sdn Bhd's approval.

  10. Fraud

    You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other Partners or falsify information in connection with referrals through the Links or the generation of Revenue Shares or exceed your permitted access to the Partner Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. ShopStylers Sdn Bhd shall make all determinations about fraudulent activity in its sole discretion.

  11. Representations and Warranties

    You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, ShopStylers Sdn Bhd represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to ShopStylers Sdn Bhd's own business operations or ShopStylers Sdn Bhd's proprietary products or services.

  12. Modifications

    In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Partner Program ten (10) business days after a change notice has been posted will constitute youracceptance of such change. In addition, ShopStylers Sdn Bhd may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Partner agrees to promptly implement any request from ShopStylers Sdn Bhd to remove, alter or modify any Link, graphic or banner ad that is being used by Partneras part of the Partner Program.

  13. Independent Investigation

    You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Partner Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Partner Program.

  14. Mutual Indemnification

    Partner hereby agrees to indemnify, defend and hold harmless ShopStylers Sdn Bhd and Clients and their respective subsidiaries, Partners, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Partner herein, (ii) any misuse by Partner, or by a party under the reasonable control of Partner or obtaining access through Partner, of the Links, Offers or ShopStylers Sdn Bhd or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).

    ShopStylers Sdn Bhd hereby agrees to indemnify, defend and hold harmless Partner and its subsidiaries, Partners, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that ShopStylers Sdn Bhd is not authorized to provide you with the Links.

  15. Disclaimers

    The Partner Program and Links and the Products and Services provided in connection therewith, are provided to the Partner “as is”. Except, as expressly set forth herein, Shopstylers Sdn Bhd expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of the merchant ability, fitness for a particular purpose, and noninfringement, and any warranties arising out of course of dealing, usage, or trade. Shopstylers Sdn Bhd does not warrant that the Partner Program or Links will meet Partner’s specific Requirements or that the operation of the Partner Program or Links will be completely error-free or uninterrupted. Shopstylers Sdn Bhd expressly disclaims any liability for any act or omission of a client or their products or services. Shopstylers Sdn Bhd does not guarantee that Partner will earn any specific amount of commissions.

  16. Limitation of Liability

    In no event shall Shopstylers Sdn Bhd be liable for any unavailability or inoperability of the links, progam web sites, technical malfunction, computer error, corruption or loss of information or other injury, damage or disruption of any kind beyond the reasonable control of Shopstylers Sdn Bhd. In no event, will Shopstylers Sdn Bhd be liable for any indirect, incidental, consequential, personal injury, wrongful death, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not Shopstylers Sdn Bhd has been advised of the possibility thereof.

    Shopstyler Sdn Bhd’s cumulative liability to Partner, from all cause of action and all theories of liability, will be limited to and will not exceed the amounts paid to Partners by Shopstylers Sdn Bhd in Revenue during the three (3) months immediately priori to such claim.

  17. Governing Law & Miscellaneous

    This Agreement shall be governed by and construed in accordance with the laws of Malaysia and parties submit to the exclusive jurisdiction of Malaysian Courts.

    Partner shall be responsible for the payment of all attorneys fees and expenses incurred by ShopStylers Sdn Bhd to enforce the terms of this Agreement. The governing laws This Agreement contains the entire agreement between ShopStylers Sdn Bhd and Partner with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Partner agrees that ShopStylers Sdn Bhd shall not be subject to or bound by any Partner insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether ShopStylers Sdn Bhd "clicks through" or otherwise indicates its acceptance thereof.

    Partner may not assign all or any part of this Agreement without ShopStylers Sdn Bhd's prior written consent. ShopStylers Sdn Bhd may assign this Agreement at any time with notice to Partner.

    This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions “in the Obligations of the Parties” and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement.

    Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

    By submitting and application to Partner Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Partner Program.

    If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 18-08-2015