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Terms of Use

Terms of Use | Best Couple’s Affiliate Programs

This Terms of Use Agreement (this “Agreement”) contains the Terms and Conditions applied to the Participants of Best Couple’s Affiliate Program. Please read it carefully.

This Terms of Use Agreement (this “Agreement”) contains the Terms and Conditions which are applied to individuals and to legal entity as well (hereinafter a “Participant”, “Partner”, “Affiliate Member”, “You” or “Yours”) which are participating in Best Couple’s Affiliate Program (hereinafter “Program”) of Western Business Consulting Inc. company (hereinafter "WBC Inc.," "Best Couple”, “us”, “our” or “the Company”).

1.Registration and Participation in the Best Couple’s Affiliate Program

In order to become an Affiliate, You must submit an Affiliate Program application on our website. Your Partner account will be automatically approved. We will consider Your application but Company may reject Your application in its sole discretion in case that Your Site or Application is unsuitable for the participation in Program. There are such Sites that cannot be participating in the Program:

- sites that promote violence

- sites that promote discrimination on race, sex, religion, nationality, aging, sexual orientation and people with disabilities

- sites that promote illegal activity

- sites that violate an intellectual property rights

In case Your application was rejected, You allow to apply again for the participation in Program at any time. You should also note that, in case after Your application was accepted, Your site determined as unsuitable for the participation in Program (in our sole discretion), We reserve the right to terminate this Agreement at the Company’s sole discretion.

2.Links on Partners Site

As a Partner Site You will be allowed for promotional banners, text links and/or other promotional methods in an appropriate form for placing on Your Site. Those links may contain logos and / or other identifying words belonging to the WBC Inc. or Affiliates. In order to provide the correct sales tracking and automatic calculation of Partner’s commission, We provide You a special HTML -code for fixing cooperation between Partner’s Site and Our service. You have to verify that this Special Link is correct. Links to Our Site for placing on Your Site are in the present Agreement and mentioned by as “Special Links”. You will be eligible to earn commissions only by using Special Links. We are not responsible in case You are not eligible to use Special Links, including cases, when it may leads to incorrect sales records and calculation of Your commissions. Special Links works based on using "cookies". Statistic calculation system will not work if "cookies" at Your Customer’s computer are off. In case "cookies" of Your Customers  are off, information of belonging to Your account will not be record and You wont be able to receive Your commissions. Since this Agreement will come into effect, We are eligible to check up Your Site at any time in a purpose to determine compliance of Your Site according to the Terms and Conditions of this Agreement.

We are engage to provide You with all necessary information of Special Links functioning. We retain the right to approve or to reject all Links.

You are not eligible to link, broadcast or any other way of using the photos, videos or other informational materials of Our Customers on Your Site without Our permission in a written form.

Affiliates are not permitted to use any spyware or to display banners on adult and porn manner for promoting Our Sites and It’s other services.

Affiliates agree to inform Us immediately of all complaints received according Our promotional materials and services. For that, You have to use special form which can be easily find by link below each page of Our Site.

3. Order Processing

We provide Customers Order processing, which proceeds on the site of the Company through the Special Links from Your site. We retain the right to reject transactions which are not meet Our requirements, which may be set up by Us periodically.

The Company is responsible for Customers Orders processing and fulfilling them. Besides, We are preparing an Order form, processing the payments, rejections, refunds and providing service to the Customers. The Company track the purchases of the Customers through the Special Links from the Partner’s site to the Company’s site and provide a report to the Partner, where all purchases are calculated. The Company retain the right to change form, content and periods of these reports presentation in it’s sole discretion.  

4. Commissions

The Company pays commissions in accordance with the quantity of First Purchases or Every Purchases, made by Your Affiliate Customers registered via Special Links.

4.1 The Per Each Order Program pays You a commission for each item purchased by Affiliate Customers depend on quantity of purchases.

1. In case Your  Affiliate Customers made First Purchase – 50% of payment amount

2. In case Your  Affiliate Customers made Second and Next Purchases – 10% of payment amount

4.2. The Per Lead Program provides two tariff plans, with a fixed payment for each registration made ​​by your customers at Best-Couple.com and with differentiated prices depends on the country of registration. Commissions for registration shall be paid in case the conversion of registrations in the first sales of the current month is not less than 2%. If, within two months, the conversion will be lower than 2%, we reserve the right to transfer your account for Per Each Order Program.

4.3. By choosing the Referral Program, Affiliate Partner will get 10% of commissions from the Partners involved by You.

4.4 Payments for all Programs are made on a monthly basis on or about the 20th of every month. You are eligible to choose the preferred method of payment – Bank transfer, PayPal, Web Money. Each Affiliate’s account must reach a minimum $50 balance in order to be paid.

5. Money refunds and credits back

We are not provide payments to those Partners, whose credits back and refunds makes up more than 6 %. Credits back is the case when client, who has cancelled his membership received the credit. Money refund is payment refund after credit card was processed by the system.

6. Commissions payment to the Partners

Payments for all Programs are made on a monthly basis or 20th of each month. Payment corresponds with the sum on Your balance till the 1st of the current month including transaction fees according to the system you choose. 

In case amount at your account not reach a minimum $50 for the month, payment will not be made until your balance will no reach $50 or until the termination of this Agreement.

We retain the right to check up the accounts of our Partners. In case of violations or suspicion of violation were identified by security service of the Company, We retain the right to suspend the commissions payments until the situation will be clarify.

In case of confirmation the violation of the rules of this Agreement, intentional and /or systematic, We are eligible to delete Partner’s account without providing commissions payments.

In case goods and services for which the commission have been already paid to the Partners, were turned back by the Customer, commissions for such goods and services will be withdraw from the Partner's payment balance next month. The Company will ask for the compensation of commissions for the returned goods and services in case there are will be no commissions paid to the Company next month.

We retain the right to suspend the payments to the Partner in case of violation the Program Rule, which is mentioned in Paragraph 6 of this Agreement and/or in case of money refund until the situation will be clarify.

In case when Partner’s Customer using charge back (money refund), commission on money refund transaction will not be paid. All fines imposed by the bank for operations of money refund will be also withdraw from the Partner’s account. If Partner will have no enough funds on his account, the bill will be send to the Partner. In case the security service will detect any malicious actions from the Partner’s side, which was lead to the money refund, the Company has the right to close Partner’s account without pay any commission.

Commissions payment interests may be change at any time or change periodically. You will be informed of any changes of minimum commission payment via e-mail and/or by sending changed Agreement, and/or through posting on the site changed Agreement and/or any other method of informing at our discretion.

7. Internal rules and tariffs

Company may change it's policies and operating procedures at any time and your continued participation in the Program following our posting of a change notice or new Agreement will constitute binding acceptance of the change politics, terms and operating procedures. Tariffs on item, service and operations may change periodically. Since tariffs changes may concern Paragraphs, which are already been submitted on Your site, You may include pricing information in our descriptions. The Company will exert all efforts to provide exact information, but We cannot guarantee availability and price of each item/service.

8. Customer’s responsibility

Customers registered and buying items through this Program will be considering as WBC INC. (Best-Couple.com) Customers. Thereafter, WBC INC. (Best-Couple.com) Company rules and policy regarding operating procedures on Customers orders, Customer service and sales apply to these Customers as well. We may change our policies and operating procedures at any time.

9. Non exclusive limited rights on using logos and Best Couple brands.

Based on Affiliate’s using of Our Special Links, entirely in accordance with this Agreement, We provide You non exclusive, revocable license for the access to Our site and also the right for using it’s logos, trademarks and other identification symbols with a purpose of sale goods and services of the Company on Your site. This License not includes the right to buy or otherwise acquire meta tags, based on Best Couple trademarks in search engines such as google.com, yahoo.com, msn.com and others. Affiliates are not permitted to change them at any case. You allow to use them only because You are a member of the Partner’s Program. You hereby represent and warrant to the Company not to use Best Couple trademarks for any other purposes,  except promotion for involving members to the Best Couple services. You hereby represent and warrant to the Company not to use Best Couple trademarks in any ways that degrades Company and which are misleading, defamatory, libelous, obscene, or otherwise objectionable; infringes, derogates, dilutes, or impairs the rights of the Company or any third party; is used in any other manner inconsistent with any term of this Agreement or with any provision of law. Company retain all the rights on Best Couple’s trademarks and for an intellectual property. We may revoke all the rights provided to you in accordance with this Paragraph at any time informing You via written notification. The rights provided to You in accordance with this Paragraph invalidate at the moment of expiration or termination of this Agreement. By this time You are agree to suspend any using of Best Couple’s trademarks.

10. Non exclusive limited rights on using logos and Partner’s trademarks

You provide us with non exclusive License for using Your names, titles, logos and trademarks (herein “Partner’s trademarks”) in the context of Our activity on promoting, advertising and propaganda. The Company is not eligible to promote, advertise and propaganda them. By this Agreement You hereby represent and warrant that You are the only one and exclusive owner of Yours trademarks and has a right and possibility to provide to the Company a License for using them in a manner provided by this Agreement and also that this document is not and will not be a violation of any other agreement or other document related to You as well as related to the other trademark, brand name, copyright or other property rights, individuals and companies. License validity expires at the moment of expiration or termination of this Agreement.

11.Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of Your Site and/or App and for all materials that appear on Your Site and/or App. For example, You will be solely responsible for:

- technical operation of Your Site and/or App and all related equipment

- accuracy and appropriateness of materials posted on Your Site and/or App, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights)

- ensuring that materials posted on Your Site and/or App are not libelous or otherwise illegal

We disclaim all liability for these matters. Further, You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Your Site and/or App.

We are not accepting any form of spam in search engines, news or at mailing lists. Spam is a cause for trial. Besides, Best Couple will not pay You a commission earned through the Spam. Promotional, mass, unsolicited mailings are not allowed. Such activity is a cause for trial. Mailings containing special links, with a prior correspondence is allowed and encouraged.

12.Term of the Agreement

The term of this Agreement will begin upon our acceptance of Your Program application and will end when terminated by either Party. Either Affiliate or the Company may terminate this Agreement at any time. In this case, Party that decided to terminate this Agreement (for any reason) have to give the other Party written notice of termination this Agreement. Upon the termination of this Agreement for any reason, You will immediately cease use of, and remove from Your Site, all links to Best Couple (Best-Couple.com),  and all other materials provided by or on behalf of us to You pursuant hereto or in connection with the Program. You are only eligible to earn commissions occurring during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold Your final payment for 45 days from the last transaction of Your Affiliate Customer to ensure that the correct amount is paid.

13.Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on Best Couple Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON BEST-COUPLE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

14.Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Agreement.

15.Limitation of Liability

You will be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to You under this Agreement.

16.Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of Best Couple Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

17. Assurances and warranty

You hereby represent and warrant to the Company that Your services, advertising (including, but not limited to e-mail or the web) and Your Site(s) and/or App(s) and all materials, content, e-mail, and services offered through and in association with You or Your Site or App do not and shall not at any time:

- violate any law, statute, ordinance or regulation or promote illegal activities

- contain or promote obscene materials or child pornography

- contain or promote materials that infringe on copyrights, patents, trademarks, or other intellectual property rights

- contain any materials which depict persons in a manner to suggest that they are under the age of eighteen years

- contain or promote harmful or indecent matter to minors

- promote violence

- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

- contain content which is defamatory, misleading, libelous, hateful or unlawfully threatening, abusive or harassing

- be involved in advertising or marketing that is misleading or unlawful in any manner

- be involved in unfair, fraudulent, or misleading business practices or unfair competition

- include any of the Company’s trademarks or service marks, or variations or misspellings thereof, in Your domain names

- be involved in the sending of unsolicited commercial e-mail (“spam”) or chat messages or instant messenger messages

- be involved any program, file, data stream or other material which contains viruses, worms, “Trojan horses” or any other destructive feature or features that constitute a trespass or unlawfully intrude on privacy.

You further represent and warrant to the Company:

- that You have full authority to enter into this Agreement and that You have reached the age of majority under the laws of the state or locality where You reside and/or do business

- that You entering and performing under this agreement shall neither violate nor constitute a default under provision of any law, rule, regulation, order, judgment or decree to which You are subject or which is binding upon You, or the terms of any other agreement, document or instrument applicable to You or binding upon You

- that You will provide accurate and complete information to Company concerning Your identity, bank account, address or other required information and immediately update the Company as such information changes

- that all obligations owed to third parties with respect to the activities contemplated to be undertaken by You pursuant to this Agreement are or will be fully satisfied by You, so that the Company will not have any obligations with respect thereto

- that nothing on, in or associated with Your Site and/or App violates any laws, regulations, rules or customs or violate or infringe any rights of any person or entity, including any intellectual property rights, including, without limitation any copyrights, patent rights, trademark rights, trade secret rights, or rights of publicity, or any person’s or entities' privacy rights or any other personal or proprietary rights of any kind

- that You will comply with all applicable federal, state and local laws in the performance of this agreement

- that You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by You and constitutes Your legal, valid and binding obligation, enforceable against You in accordance with its terms; that the execution, delivery and performance by You of this Agreement are within Your legal capacity and power; have been duly authorized by all requisite action on Your part; require the approval or consent of no other persons.

18.Confidentiality

We may disclose to You certain information as a result of Your participation as part of the Best Couple Affiliate Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Agreement made specifically for Your Site and not generally available to other members of the Program, website, business and financial information relating Best Couple customer and vendor lists, relating to Best Couple, and pricing and sales information for Best Couple and any members of the Best Couple Affiliate Program, other than You. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.

You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by You for Your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, customer conduct, or as to the accuracy or completeness of the information and we shall not have any liability to You or to any other person resulting from Your or such third person’s use of the information.

19.Indemnification

You hereby agree to defend (or pay our fees and costs of defense at our sole discretion), indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses including reasonable attorneys' fees (any or all of the foregoing hereinafter referred to as “losses”) insofar as such losses, or actions in respect thereof, arise out of or are based on 1) any claim that our use of the Affiliate Marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third Party, 2) any failure or breach of any representation, warranty, covenant, or agreement made by You and/or App herein, 3) any misuse of our name or trademarks, 4) any claim related to Your Site and/or App or services, including, without limitation, any content therein, 5) any claim that Your content infringes copyrights or any other intellectual property rights or that Your Site and/or App or services are engaged in unfair competition, 6), any claim arising out of Your violation of the terms and conditions of this Agreement, 7) any claim that You or Your Site(s) and/or App violated privacy rights or failed to maintain proper security, or 8) any claim that Your advertising, communications (including, but not limited to e-mail communications), or marketing is misleading or unlawful in any manner.

20.Independent Investigation

You acknowledge that You have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with Your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

21.Severability

If any term of this Agreement is held to be unenforceable under applicable law, such term shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.

22.Headings

The headings and other captions used in this Agreement are for convenience and ease of reference only and shall not be used in interpreting, constructing and/or enforcing any of the provisions of this Agreement.

23.Miscellaneous

This Agreement will be governed by the laws of the Seychelles without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state court located in Victoria city, You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.