Welcome to My Karibe’s platform for Influencers.
Any person or entity that participates or attempts to participate in our Influencer/sales/influencer marketing program (the “Influencer Program” and such person or entity, “you”, or an “Associate”) must accept this Influencer Program Operating Agreement (this “Agreement”) without change. By registering for or using the Influencer Platform, you agree to this Agreement, including the Program Policies (defined in Section 12), which are incorporated by reference. Please read them carefully.
- Description of the Influencers Program
The Influencers Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Platform"), by placing on your Platform links to a My Karibe website or, if applicable for the location, any other platform.
When our customers click through the Influencer Links to purchase an item sold or services offered on the My Karibe Platform or take other actions, you can receive program fees for qualifying purchases. In order to facilitate your advertisement of these items or services, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Influencers Program (“Program Content"). Program Content specifically excludes any data, images, text, or other information or content relating to product offerings on any platform other than the My Karibe Platform.
- Influencers Program Compliance Requirements
You must comply with this Agreement to participate in the Influencers Program and receive fees.
You must promptly provide us with any information that we request to verify your compliance with this Agreement.
If you violate this Agreement, or if you violate the terms and conditions of any other applicable My Karibe’s marketing agreement, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all fees otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of My Karibe to recover damages in excess of this amount.
- My Karibe’s Customers
Our customers are not, by virtue of your participation in the Influencer Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the My Karibe Platform will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with a My Karibe Platform, you will state that those customers must follow contact directions on that My Karibe Platform to address customer service issues.
You represent, warrant, and covenant that (a) you will participate in the Influencers Program and create, maintain, and operate your Platform in accordance with this Agreement, (b) neither your participation in the Influencers Program nor your creation, maintenance, or operation of your Platform will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Influencers Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) you will not participate in the Influencers Program or use any other Service Offerings if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using any Service Offering; (f) you will comply with all U.S. export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with U.S. law, that may apply to goods, software, technology and services, and (g) the information you provide in connection with the Influencers Program is accurate and complete at all times. You can update your information by logging into your account on the Influencers Platform and selecting “Account Settings".
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Influencers Program, and we will not be liable for any actions you undertake based on your expectations.
- Identifying Yourself as an Influencer
You must clearly state the following, or any substantially similar statement previously allowed under this Agreement, on your Platform or any other location where My Karibe may authorize your display or other use of Program Content: “As My Karibe Influencer I earn from qualifying purchases.” Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Influencers Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
- Term and Termination
The term of this Agreement will begin upon your registration for or use of the Influencers Platform. Either you or we may terminate this Agreement at any time, with or without cause (automatically and without recourse to the courts, if permitted under applicable law), by giving the other party written notice of termination provided that the effective date of such termination will be 7 calendar days from the date notice is provided. You can provide termination notice by logging into your account on the Influencers Platform and selecting the option to close your account in “Account Settings”. In addition, we may terminate this Agreement or suspend your account immediately upon written notice to you for any of the following: (a) you are in material breach of this Agreement, (b) you otherwise fail to cure within 7 days of our notice to you regarding any other breach of this Agreement (including any Program Policy); (c) we believe that we may face potential claims or liability in connection with your participation in the Influencers Program; (d) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Influencers Program; (e) your participation in the Influencers Program has been used for deceptive, fraudulent or illegal activity; (f) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement; (g) we have previously terminated this Agreement (or suspended your account) with respect to you or other persons that we determine are Influencerd with you or acting in concert with you for any reason, or (h) we have terminated the Influencers Program as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 6 and as specified in the Program Policies will be deemed a material breach of this Agreement.
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations or returns).
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement.
THE INFLUENCERS PROGRAM, THE MY KARIBE PLATFORM, ANY PRODUCTS AND SERVICES OFFERED ON THE MY KARIBE PLATFORM, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR INFLUENCERS’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE MY KARIBE MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR INFLUENCERS OR LICENSORS IN CONNECTION WITH THE INFLUENCER PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR INFLUENCERS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR INFLUENCERS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR INFLUENCERS OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR INFLUENCERS OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR PLATFORM OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR INFLUENCERS OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE INFLUENCERS PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE INFLUENCERS PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitations on Liability
NEITHER WE NOR ANY OF OUR INFLUENCERS OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR PLATFORM (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR INFLUENCERS AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR PLATFORM OR ANY MATERIALS THAT APPEAR ON YOUR PLATFORM, INCLUDING THE COMBINATION OF YOUR PLATFORM OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR PLATFORM OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR PLATFORM, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), OR (E) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT. WE OR OUR NOMINEE MAY TAKE LEGAL ACTION AND PERFORM ANY PROCEDURAL ACT ON BEHALF OF ANY MY KARIBE PARTY, INCLUDING THROUGH SPECIAL MANDATE, TO EXERCISE OR DEFEND A LEGAL CLAIM OR FOR THE PROTECTION OF RIGHTS, INCLUDING FOR THE PURPOSE OF ENFORCING THIS SECTION.
- Governing Law and Disputes
Any dispute relating in any way to the Influencers Program or this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement, or your relationship with us or any of our Influencers will be subject to the governing law and disputes provision for the applicable My Karibe Platform set forth.
Any taxes and related obligations relating in any way to the Influencers Program or this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement, or your relationship with us or any of our Influencers will be subject to the tax provision for the applicable My Karibe Platform set forth on Schedule 3.
Questions and Answers
How does it work?
1. You'll be issued a unique referral link and discount code (not for personal use).
2. Customers who use your code when making an order will receive a one-time discount, (only new customers can receive the discount).
3. Influencers links create 45-day cookies that can track a sale from start to finish.
3. You'll promote our store/products and services by sharing either your code or link across your social network.
4. We will reward you with a commission for every fulfilled referral order that you create.
5. All payouts require reaching a $100 threshold.
Approvals and Payouts
1. Payout only occurs after 30 days of an order pending any product returns (must reach $100 threshold).
2. Commission structures are solely at the discretion of My Karibe and are subject to change.
3. Approval into the program is not guaranteed. Approval can take up 24 to 72 hours.
4. My Karibe’s holds the right to revoke and remove any person(s) and/or groups from membership into the My Karibe Influencer program for any reason without warning.
5. My Karibe’s brand and products must be displayed tastefully. Any person found in violation will have their account terminated and all earnings forfeited.
6. The program can be closed or changed with or without notice. All participants who have reached the payment threshold will be paid out any commissions owed if the program is discontinued
7. All Commission Payments are made electronically through PayPal unless otherwise stated. Influencers are responsible for any transaction fees.
What if the recipient (Influencer) doesn't have a PayPal account?
This isn't an issue. PayPal payments will work even if the recipient does not have a PayPal account. The Influencer will simply need to create a PayPal account using the same email address that they used to sign up for the influencer program to receive their payments.
What if the recipient's PayPal account is invalid/restricted?
We (and PayPal) will notify any influencer if their PayPal account is incomplete and requires their attention before PayPal will complete payment.
Are there fees? Who pays them?
PayPal transactions incur a small transaction fee. The fee will be incurred by the recipient (the Influencer).
What should I NOT do as an influencer?
Our system automatically monitors all usage of influencer links and codes and red-flags incorrect usage. Sales commission on orders that were created under any of the following scenarios will be voided. We reserve the right to cancel your account without notice should you violate any of these conditions.
You should not:
1. Use Bots to generate leads.
2. Spam social media groups/channels.
3. Post your influencer code on coupon websites, any platform in relation to pornographic or illegal activity.
4. Make false claims of any sort.
5. Misrepresent the company in any way.
6. Promote or contain sexually explicit materials.
7. Promote violence or contain violent materials.
8. Promote or contain libelous or defamatory materials.
9. Promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age.
10. Promote or undertake illegal activities.
11. Are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder.
12. Include any trademark of My Karibe or its Influencers, or a variant or misspelling of a trademark of My Karibe or its Influencers, in any domain name, subdomain name, or in any username, group name, or other identifiers on any social networking platform (see the Trademark Guidelines for examples); or otherwise violate intellectual property rights.
We reserve the right to cancel your account and void all commissions without notice should you violate any of these conditions.