Kawaii Ambassador Program: Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Cute Narwhal (“Cute Narwhal”, “us”, “we” or “our”) and you (“Affiliate”, “Partner”, “you” or “your”). It describes how we will work together and other aspects of our business relationship.
By signing up as a partner and thereby joining the PROGRAM, you agree to comply with the terms and conditions of this Agreement at all times. 
We periodically update these terms, the most up to date terms will be posted here, it is your responsibility to check back regularly to ensure you remain in agreement and compliance.
Violation of any of the Account Terms below may result in the termination of your Partner Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the PROGRAM at your own risk.

1) Affiliate / Partner link and code (where applicable)
You will only be eligible for a commission payment for customer transactions that result from the leads generated by the affiliate link or the discount code that we provide you if your level qualifies for such a code.
Cookies used as part of the affiliate link have a set duration of 30 days. If a potential customer clears their cookies during this period, Cute Narwhal shall not be liable for any commissions that may have been owed to you.
Once we receive the affiliate lead information, it will be stored in our database and may be part of the customer engagement process.

2) Payment terms
Payments are made on or around the first business day of the month after the date they become eligible for commission – for example, if a sale is made on July 4th, you will receive payment on or around the first business day of September.
You are responsible for payment of all taxes and fees (including bank fees) applicable to the commission.

3) Pay-Per-Click (“PPC”) Restrictions
Unless Cute Narwhal first gives you written permission, you agree to comply with the following restrictions:

3.1 Search Terms
Without prior consultation and written confirmation of approval, you may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof, for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook, or any other network.
“Restricted Terms” means any of the following terms: Cutenarwhal, Cute narwhal, Cutenarwhal.com, www.Cutenarwhal.com, Cutenarwhal coupon, Cutenarwhal.com coupon, Cutenarwhal discount code, Cutenarwhal.com discount code, Cutenarwhal discount, Cutenarwhal.com discount, Cutenarwhal promo code, Cutenarwhal.com promo code, Cutenarwhal sale, Cutenarwhal.com sale, Cutenarwhal promo, Cutenarwhal.com promo, Cutenarwhal sales, Cutenarwhal.com sales, Cutenarwhal deals, Cutenarwhal.com deals.
You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
You may not use our Restricted Terms in your ad title, ad copy, display name, or as the display URL.
You may not use any of our trademarked terms as part of the domain or sub-domain for Your Website.
You may not direct link to the Site from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.
You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style PPC advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.
We have a strict no-tolerance policy on unapproved PPC trademark bidding.

3.2 Graphical Assets
You may not use any of the graphical assets found on our website. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion. 

4) Domain Forwarding Restrictions
The use of domain forwarding is allowed, for instance YourDomain.com > Cutenarwhal.com, however YourDomain, or any of its subdomains, must not include the word Cutenarwhal, Cutenarwhalcom or any other name owned by Cutenarwhal. For example forwarding BestKawaiiShop.com to Cutenarwhal.com is allowed, however forwarding CutenarwhalBestKawaiiShop is not.

5) Non-Exclusivity
This Agreement does not create an exclusive agreement between you and us.

6) Permitted accounts
You are only permitted to maintain a single account. Creating multiple affiliate accounts for any reason, including but not limited to, the intention to increase commissions, deceive the Company, or otherwise circumvent the terms of this Agreement, is strictly prohibited.

7) Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Cute Narwhal or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Cute Narwhal. All trademarks, service marks, graphics, and logos used in connection with our website or services are trademarks or registered trademarks of Cute Narwhal or Cute Narwhal licensors.

Other trademarks, service marks, graphics, and logos used in connection with our website or services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Cute Narwhal or third-party trademarks.

8) Third-party digital content – Images and Video footage
Content is for digital use within Cute Narwhal only and may not be used for printing or any other use.
You and/or customers referred by you may not use the content as a trademark for a business. You may not portray a person in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; and as suffering from, or being treated for, a physical or mental ailment. You may only use the content in campaigns and content created on Cute Narwhal, and not with other websites or content services.

9) Cutenarwhal Ambassador Activities
If you are designated as a Cute Narwhal Ambassador you agree to be bound by the terms and act within the spirit of the Cute Narwhal Ambassador agreement that you sign upon acceptance.

10) Spam
You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM.
Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program, inappropriate submission of web forms, or any other spamming activity (manual or automated) will result in your immediate termination from the PROGRAM and your forfeiting of monies otherwise due you hereunder.

11) Indemnification
You agree to indemnify and hold Cute Narwhal and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the website or services or any wilful misconduct on your part.

13) Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Washington, United States, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Washington, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement

14) Termination
Cute Narwhal, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the PROGRAM, or any other Cute Narwhal service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Cute Narwhal reserves the right to refuse service to anyone for any reason at any time.
Additionally, Cute Narwhal, in its sole discretion, has the right to terminate the PROGRAM at any time. If the PROGRAM is terminated, payment of any future commissions, including recurring payments for prior referral purchases, is terminated.