Affiliate Program Operating Agreement

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the perluna pearl Affiliates Program (the "Program").

As used in this Agreement, "we" means perluna pearl, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to perluna pearl 's site located at the URL www. perlunapearls.com, or to the site that you will link to our site (and which you will identify in your Program application). Electronic forwarding of your application for our consideration constitutes full acknowledgment and acceptance of these terms and conditions.

1. Enrollment in the Program
To begin the enrollment process, you shall submit a complete Affiliate Program application via our site. The Program is designed for participants aged 18 and above who can form legally binding contracts under applicable law. By accepting this Agreement and participating in the Program, you acknowledge that you are age 18 or above. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. If we reject your application, you are welcome to reapply to the Affiliate Program at any time subject to the removal of any content that may have been found objectionable to perlunapearls.com. You should also note that if we accept your application and your Website is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement immediately without prior notice.

2. Acceptance Notification
Once you have been notified of acceptance in our affiliate program, we may require some demographic information of locations in proximity.

3. Links on Your Site
Once you have been notified that your site has been accepted into the Program, you agree to provide on your site a general link on your site to our page. We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.

4. Our Responsibilities
Perluna pearls shall be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We shall be solely responsible for processing every order placed by a customer following a special Link from your site to our site, for tracking the volume and amount of sales generated by your site, and for providing information to you regarding sales statistics via our reporting platform. We shall be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

5. Affiliate Responsibilities
a. If you qualify and agree to participate as an perluna pearl’s Affiliate Site, you may display Links prominently throughout your site as you see fit in a manner consistent with this Agreement.

b. You shall be entitled to earn referral fee payments for customer sales as set forth in Sections 6 and 7 below.

c. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to perlunapearls.com by any other person or entity.

d. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from any perlunapearls.com Affiliate affecting in any manner any compensation or other payment earned by or owing to any such perlunapearls.com Affiliate.

e. You shall not in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site.

f. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a World Wide Web user’s access, view or usage of, or other aspect of such user’s experience at any Affiliate’s website in a manner that causes or otherwise results in a different experience from what was otherwise intended by such Affiliate. You shall not take any action that could reasonably cause any confusion to the user as to what website transactions or actions are occurring.

g. You shall not cause the creation or over-writing of any commission tracking cookie on a consumer’s computer unless it is the direct result of a click, on a link to the perlunapearls.com site. You shall not cause the creation of any commission tracking cookie on a consumer’s computer through the means of automatically popping up the perlunapearls.com site, through the use of “I-frames” nor through any other method, other than through a direct consumer-initiated click, on a link to the perlunapearls.com site.

h. Except for linking as described above, you shall not post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action.

i. You understand that the use of unsolicited commercial e-mail (“spam”) by perlunapearls.com affiliates is absolutely prohibited. Your participation in the perlunapearls.com Affiliate Program constitutes your specific and unconditional agreement to abide by this anti-spam policy. Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. Also, you must use valid e-mail headers at all times.

j. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities listed in Section 4a through 4i, we reserve the right (without limiting any other rights or remedies available to us) to withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement immediately without prior notice. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.

6. Referral Fee Payment
We will pay you referral fees on a monthly basis. If the referral fees payable to you are less than $100.00, we will hold those referral fees until the total amount due is at least $100.00 or (if earlier) until this Agreement is terminated. If a refund is requested for a subscription to the course that generated a referral fee is requested by a customer qualified to receive a refund, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the referral fee.

7. Prohibited Content
No sponsoring Web site may display any of the following content or engage in any of the following activity:
a. Sexually explicit material (pornography);
b. Violent images or messages that promote violence;
c. Promotion of discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age;
d. Promotion of illegal activities;
e. Promotion or display of defamatory, libelous or harmful material or material that otherwise infringes upon the rights of any third parties;
f. Content that is inconsistent with perlunapearls.com's policies and/or practices;
g. Spamming of Participant's users who have registered for the Service; or Any other content or activity that perlunapearls.com finds objectionable in its sole discretion.

8. Limitation of Liability
We will not 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, even if we have been advised of the possibility of such damages. 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.

9. 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 Section.

10. 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, noninfringement, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11. 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 our 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 chance or new agreement on our site will constitute binding acceptance of the chance.

12. Miscellaneous
This Agreement will be governed by the laws of the People's Republic of China. 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 be 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.