AFFILIATE PARTNERSHIP PROGRAM TERMS AND CONDITIONS 

1. GKU International, Inc. Affiliate Agreement

This Agreement describes the terms and policies for participation in GKU International, Inc. Affiliate Partnership Program, or “Affiliate Partnership Program”, or “Affiliate Program.” In this agreement, the term "Affiliate" refers to you (the applicant) and “GKU International, Inc.” (also referred to “GKU” in this Agreement) refers to the product owner and publisher. GKU is the parent company of Le Mieux, Purerb, and Kizo Lab. This Affiliate Program is administered through a 3rd party affiliate management company called Refersion (www.refersion.com) and the internal affiliate system of GKU.

2. Modification

GKU may modify any of the terms and policies within this Agreement at any time and at its sole discretion. These modifications may include, but are not limited to, changes in the scope of available affiliate fees, fee schedules, payment procedures, and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

3. Enrollment

To register and enroll in the Affiliate Program, you must visit https://lemieuxskin.refersion.com/ and fill out your business details to expedite approval. Once your application is submitted, you will receive an email with notification that your affiliate account is pending. Within 1-3 business days, you will receive an email welcoming you to the Affiliate Program, with access to your dashboard and tracking link (URL). 

4. Affiliate URL

You will be issued a special tracking link (URL) once you become an approved member of Affiliate Program. On the dashboard, select the shop you want to share your tracking link for. You can find your unique link under “Your Link.” This link goes to LeMieuxSkincare.com, PurerbBeauty.com, or KizoLab.com depending on the shop your choose. Tracking links auto-enter your unique Partner Code into the Discount Code area at checkout when your customers place an order, and it will allow you to be paid a commission based on your customers’ online purchases (before tax and shipping). 

5. Commissions and Payments

You will receive a commission based on your customers’ product purchases (before tax and shipping) when orders are placed through properly coded affiliate links. Commissions may change at the discretion of GKU You have the choice of receiving commissions from GKU in the following ways: 

·       i. Paypal
GKU compensates you via personal PayPal account, which you will provide at registration. (If you do not have a PayPal account, you can create one at www.paypal.com). If your PayPal email address changes or it is entered incorrectly, it is your responsibility to notify the Affiliate Program to ensure proper commission payments. GKU will not resend payments due to incorrect payment email addresses.

·       ii. ACH or Check
GKU calculates commissions at the end of every month and sends an ACH Transfer or mails you a check the first week of the following month.

·       iii. Credit
GKU allows the option to receive commissions in the form of credit towards yours wholesale account.

For income tax purposes, all earnings over $600 over the course of the tax year, GKU will send you a 1099 Form at the end of the tax year (pending your submission of your completed W9 form, which GKU will send with first commission).

6. Affiliate-related Marketing

When signing up as an Affiliate, you automatically give GKU permission to send you information related to your Affiliate account as well as Affiliate-related marketing. You may unsubscribe from Affiliate-related marketing by clicking “unsubscribe” at the bottom of an Affiliate-related email notification.

 7. Income Tax

For income tax purposes, all earnings (Paypal, ACH, check, credit, etc.) over $600 over the course of the tax year, GKU will send you a 1099 Form at the end of the tax year (pending Affiliate’s submission of completed W-9 Form, which should be submitted during registration).

8. Order Fulfillment

GKU will be solely responsible for processing, packing, and shipping every order placed by a customer via affiliate tracking URL or Partner Code. Affiliates are not authorized to collect payments or sell any GKU products from other websites as a "reseller." No "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products via any third-party websites, mobile applications, auction sites, online marketplaces including Amazon.com and Ebay.com, or home shopping channels such as but not limited to HSN or QVC. Affiliates are not authorized to give away copies of any of these products. Customers who purchase products and services through Affiliate Program will be deemed customers of GKU. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. GKU may change policies and operating procedures at any time. Prices and availability of GKU products and services may vary from time to time. GKU International, Inc. policies will always determine the price paid by the customer. GKU International, Inc. will be solely responsible for all customer service inquiries. 

9. Qualifying Sites

GKU reserves the right to refuse any site entry into Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote sexually explicit materials, violence, or illegal activities; list coupon codes or discounts, infringe or otherwise violate any copyright, trademark, or other intellectual property rights of GKU Doing so will result in the termination of your Affiliate account and withholding of affiliate payments for violating this Affiliate Agreement.

10. Account Termination

GKU may undertake, at its sole discretion and with or without prior notice, the following enforcement actions to terminate Affiliate account. Upon receipt of a credible complaint, Affiliate Program representative may investigate the complaint, and if necessary, will terminate the account of Affiliate. Termination results in the immediate closure of Affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. If you wish to report a violation, please forward all relevant evidence to GKU customer service department at [email protected]. 

11. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any legal partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of GKU or its brands. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

12. Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either GKU or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate, and you will immediately cease use of, and remove from Affiliate's website, all links to GKU websites, and all GKU International, Inc. trademarks and logos, and other GKU marks and all other materials provided in connection with this program.

13. Limitation of Liability

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

14. Disclaimers

GKU makes no express or implied warranties or representations with respect to the Affiliate Program or an Affiliate's potential to earn income from the Affiliate Program. In addition, GKU makes no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and GKU will not be liable for the consequences of any interruptions or errors.

15. Miscellaneous

Should GKU fail to enforce your strict performance of any provision of this Agreement, it will not constitute a waiver of the right of GKU to subsequently enforce such provision or any other provision of this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and policies. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

PRIVACY POLICY

This Privacy Policy describes how your personal information and device information are collected, used, and shared after signing up as an Affiliate. Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers we employ to process specific functions, such as providing email marketing activity, analyzing data, and other marketing support. Third-party service providers have access to personal information only as needed to perform their functions, and they must process the personal information in accordance with this Privacy Policy.

HOW WE USE PERSONAL INFORMATION

“Personal Information” in this Privacy Policy refers to information you provided on the GKU International, Inc. (GKU) Affiliate Partnership Program Application. We use Personal Information to email essential information and affiliate-related marketing from GKU only. When signing up as an Affiliate, you automatically give GKU permission to send you information related to your Affiliate account as well as Affiliate-related marketing. You may unsubscribe from Affiliate-related marketing by clicking “unsubscribe” at the bottom of an Affiliate-related email notification.

We use the Personal Information that we collect to:

·      screen for potential risk and fraud

·      verify your identity

·      provide Affiliate commissions and payments as outlined in the Terms & Conditions

SHARING PERSONAL INFORMATION

We do not sell your Personal Information to third parties. We do share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use an affiliate third-party app (Refersion) to operate the program to provide payments. We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or to otherwise protect our rights.

CHANGES

We may occasionally update this privacy policy to reflect changes to our practices or for other operational, legal, or regulatory reasons. 

CONTACT US

For more information about our privacy practices, please contact us by email at [email protected].