Nbeads Affiliate Program Operating Agreement

Definition

• This Affiliate Program Operating Agreement ("Operating Agreement") contains the terms and conditions that applicable to your participation in the Nbeads Affiliate Program Operating Agreement ("Affiliate Program "). All terms that showed in this agreement are defined as followings:
• "Nbeads" is www.nbeads.com site or any other sites that is owned or operated by or on behalf of us or our affiliates and which is identified as participating in the Program in Nbeads Affiliate Program Operating Agreement, as applicable.
• "Nbeads product" means all items displayed and sold on Nbeads.com.
• "Affiliate member" means those website owners, other entity or individuals who agree to participate in this program and are equipped with all qualifications and abilities required in fulfilling this agreement.
• "Affiliate Cooperation" means affiliate members put the link of Nbeads on websites they owned or operated so as to promote the visitor volume and sales volume of Nbeads. Nbeads agrees affiliate members to put its link on their websites and pay for sales commission under the conditions of this agreement.
• "Affiliate Website" means websites owned or operated by or on behalf of our affiliates.
• "Sales Commission" means the commission associated with sales volume of Nbeads. This commission must be calculated according to terms of this agreement.
• "Customer" means companies and individuals, who purchase items from Nbeads or or be served by Nbeads.

Introduction

The purpose of the Affiliate Program is to spread services of Nbeads and enhance market influence of Nbeads. Affiliate members are permitted to issue advertisements referred to Nbeads to attract their website users to purchase on Nbeads and earn reasonable commissions for qualifying purchases (valid purchases) under terms and conditions of this agreement.

Enrollment

• To begin the enrollment process, you must submit a complete and accurate Program application and offer related documents as required. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application if we determine that your website is unsuitable. Unsuitable websites include those that:

  a. Promote or contain sexually explicit materials, violence or contain violent materials;
  b. Promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
  c. Promote or contain unlawful, harmful, threatening, libelous or defamatory materials; harassments; or any other repulsive activities.
  d. include domain name of Nbeads or its affiliates, or a variant or misspelling of a trademark of Nbeads or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site;
  e. Otherwise violate intellectual property rights.

• Affiliate members must offer accurate and complete registration information as required by Nbeads. If your application is verified to be untrue, inaccurate, or incomplete, Nbeads reserve the right to deduct your sales commission accordingly. In addition, Nbeads would immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement.
• Affiliate members must have paypal account based on individual instead of company in order to receive sales commission.

Rights and Obligations for Nbeads

• Nbeads are entitled to revise specific ways of affiliate cooperation and inspect and supervise the fulfillments of all members at any time.
• Nbeads will provide necessary information and other facilitates, including related data, images, text, widgets and other link supports so that all affiliate members could insert Nbeads link conveniently.
• Nbeads are responsible for collecting Nbeads sales data asscociated with affiliate cooperation (including but not limited to sales quantity and amount), and provide them to affiliate members regularly or from time to time. All members agree that all data shall be limited to fulfill the purpose of the agreement.
• Nbeads will process all product orders (including those placed by customers who follow special links from your site to the Nbeads site) independently and will be in charge of products selling, dispatching, Payment collection and after-sales service. Affiliate members shall not affect or interfere in the normal business of Nbeads in any way.
• Nbeads possess all sale revenues and other profits ( including those brought by affiliate cooperation. Affiliate members have no rights to make any claim to the above revenues and profits, unless otherwise agreed in this agreement.
• Those who purchase from Nbeads through affiliate cooperation are customers of Nbeads. The information of their registers and purchased products belong to Nbeads. Affiliate members have no rights to use, disclose, or ask Nbeads to reveal information of customers, unless otherwise agreed in this agreement.

Rights and Obligations for Affiliate Members

• Affiliate members are permitted to earn sales commission by advertising and bringing sales revenue for Nbeads with ways comply with requirements of Nbeads.
• Affiliate members shall insert special link of Nbeads on their sites by the way required or approved by Nbeads. The link should be placed in a prominent location and updated from time to time.
• Nbeads authorize affiliate members to use graphics and text of Nbeads during the effective period only for the purposes of fulfilling this agreement. Affiliate members agree that those graphics and texts belong to Nbeads.
• Affiliate members should ensure that products or services provided by Nbeads are distinct from those similar or same products or services provided by the third party. Affiliate members shall avoid of confusing or misleading consumers.
• Affiliate members shall not do any commercial activities or advertising in the name of Nbeads, or release false or misleading information under the guise of affiliate cooperation. Allowing such false or misleading information exist is prohibited. If any affiliate members do not comply with the above provision, Nbeads have the right to cancel the qualification of their participation in this affiliate cooperation, and the right to request the return of affiliate sales commission they received , and the right to cancel any sales commission that has been paid.

The Sales Commission Settlement and Payment

The Calculation of Sales Commission

a .Nbeads shall pay sales commission to affiliate members according to sales brought by affiliate cooperation.

b. Only those sales volumes brought by customer's effective purchasing can be viewed as the basis for sales commission calculation. Effective purchasing is defined refers to:

Customers visit Nbeads by the link of Nbeads put on affiliate sites
Customers click the link of Nbeads and purchase on Nbeads within the following 72hours.
A deal completes with Nbeads receiving the full payment and customers receiving purchased products.

c. The commission amount is calculated monthly according to statistics from actual order sum amount brought by effective purchases on Nbeads.
(i.e., Net value from total amount of orders deducting item discount, transport costs, commission fee and other extra charges)

d. Commission Rate

e. Every month the actual orders amount and services fee brought by effective purchasing are calculated in the following way:

Accumulative Items Amount Monthly		Commission Rate
	Under US $500	5%
	US $500 ( including 500 ) – US $1000	6%
	US $1000 ( including 1000 ) – US $5000	8%
	Above US $5000 ( including 5000 )	10%

Sales Commission Payment

a. Sales commission shall be settled in the last day of each month and be transferred into cash account of affiliate members. Affiliate members can apply for sales commission according to their needs.

b. Sales commission would be paid by Nbeads through PayPal.

Term, Modification and Termination

• This agreement will take effect once Affiliate members accept.
• Nbeads have the right to change the way of affiliate cooperation and terms reasonably at any time. The amended terms will take effect as soon as Nbeads modifies. If affiliate members cannot accept the amended terms, the only way to solve this disagreement is to terminate the agreement (after noticing Nbeads). If affiliate members are without any dissents, it will be reviewed as accepting the amended terms.
• Either party may terminate this agreement at any time without any reasons by providing a written or electronic notice to the other party.
• With the termination of this agreement, both parties shall settle unpaid sales commissions here under the agreement. According to the final standard agreed by both parties, alliance members can obtain sales commission during the valid period of this agreement.

Confidentiality

Affiliate members shall take knowledge that all information related to Nbeads or Nbeads products are confidential (herein after generally referred to the "confidential information"), including the sales data and customer information, all these information shall be strictly confidential. Unless agreed by Nbeads in written form, affiliate members shall not use the confidential information or disclose to any third party, or allow any third party to use confidential information.

Liability for breach

Either party brings losses to the other party due to failing to perform obligations under this agreement or the performance of obligations under this agreement does not comply with the contract is the defaulting party. It shall compensate the non-defaulting party for loss. Compensation amount shall be equal to the losses resulting from the breach, including the benefits that should be received by the non-defaulting party after fulfilling this agreement. However, anyway, the liability shall not exceed the sales commission that Nbeabs has paid or should pay to the affiliate members.

Compliance with Laws

In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email.