AFFILIATE PROGRAM TERMS OF SERVICE.

These Terms of Service are entered into by and between you and Freshdeals PH., (the “Affiliate Program”). BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUN  D BY THESE TERMS OF SERVICE AS WELL AS FRESHDEAL PH’S TERMS OF USE AND PRIVACY POLICY. Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein. Please read the Terms of       carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.

1. Eligibility for the Affiliate Program

To participate in the Affiliate Program, you must successfully purchase at least one (1) SET through the checkout process on our eCommerce website, available at through this link  https://freshdeals.ph/freshdeals-ph-affiliates/   The applicant can checkout their order with either COD or Credit Card payment.          

Freshdeals PH reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the Affiliate Program.

2. Referrals

You will receive commission for Qualified Referrals to Freshdeals PH Online Marketplace, of which the percentage of commission shall vary from each product and may change at any time and without notice.

“Qualified Referrals” mean customers referred by you to FRESHDEALS.PH who: (1) click on your unique tracking link; (2) within ninety (90) days of clicking on your unique tracking link, successfully purchase, any product from the Freshdeals PH website. 

Self Referral is allowed by Freshdeals PH and will pay any commission entitled to the referrer as if it was a referral to another customer. 

Freshdeals PH, in its sole discretion, reserves the right to verify and determine the classification of any referral if it is valid or not”

Referrals made to current Freshdeals PH customers will be considered “Current Customer Referrals” and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive referral commission for a Current Customer Referral for any payments the customer made to Freshdeals PH before the referral. Freshdeals PH, in its sole discretion, will determine the classification of any referral as a “Current Customer Referral.”

3. Commissions

Commissions earned on referrals become payable 7 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed Five Hundred Philippines Pesos (PHP 500) before receiving a payment from Freshdeals PH. If your total commissions for a given month are less than PHP 500, payment will be held until the total commissions equal or exceed PHP 500.

If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Freshdeals PH’s  favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.

In case of refunds made by the Qualified Referral.  Any associated earned Affiliate commission shall not be paid to you and to your sub-affiliates. 

Commission payments will be paid in Philippine Pesos and may be made via check or electronic payment (such as Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out once a month on the Fifteenth (15th) of each month.

In order to receive payments for earned commissions, affiliates are required to make a payment request prior to the 15th of each month.

The Affiliate, will be solely responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by Freshdeals PH.

Freshdeals PH reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Freshdeals PH reserves the right to terminate, deactivate, or not approve your account.

4. Marketing

You shall bear your own costs and expenses related to marketing and promoting Freshdeals PH and/or the Affiliate Program. Freshdeals PH is not obligated to reimburse or credit you for any marketing expenses. Freshdeals PH shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  1. Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, Freshdeals PH, its employees, its customers, its Services (as defined in Freshdeals PH’s Terms of Use), or its Affiliates.
  2. Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Freshdeals PH website, application or any publication. Affiliates shall not copy Freshdeals PH’s website or any portions thereof, including, without limitation, any of Freshdeals PH’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Freshdeals PH’s prior express written consent.
  3. Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
  4. Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Freshdeals PH.
  5. Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
  6. Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Freshdeals PH’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Freshdeals PH’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
  7. Affiliates shall not bid on or use Freshdeals PH’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Freshdeals PH.
  8. Affiliates shall not use Freshdeals PH’s trademarks or misspelled keywords in their domain names.
  9. Affiliates shall not use redirected pages and links to send a potential customer to Freshdeals PH’s website.
  10. Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Freshdeals PH’s website using an affiliate link).
  11. Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
  12. Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Freshdeals PH, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
  13. Affiliates shall not use in social media or any other publication any graphics that contains logos, brands, trademarks of other 3rd party company such as banks and financial institutions.     
  14. Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Freshdeals PH’s Services.
  15. Affiliates shall make clear that they, not Freshdeals PH, are the sender of all marketing communications related to the promotion of Freshdeals PH’s Services.
  16. Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
  17. Affiliates shall not use malware or spyware to market or promote Freshdeals PH’s Services.

5. Termination

Freshdeals PH may, in its sole discretion, terminate your participation in the Affiliate Program at any time, with or without cause, and without warning or notice. Without limiting the foregoing, Freshdeals PH reserves the right to terminate your account if it has been inactive for 12 consecutive months. Freshdeals PH reserves the right to terminate your participation in the Affiliate Program and not pay the accrued balance if you have been deemed to breach Freshdeals PH Terms of Use or these Terms of Service or engage in any conduct that Freshdeals PH deems to be illegal, improper, unfair, or otherwise adverse or detrimental to Freshdeals PH.

In Freshdeals PH’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.

You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Freshdeals PH’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.

Upon termination, all rights granted to you shall immediately terminate.

6. Relationship between you and Freshdeals PH.

Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Freshdeals PH.

7. Non-Disparagement

During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Freshdeals PH, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Freshdeals PH’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Freshdeals PH, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Freshdeals PH refusing to enter into this agreement.

8. Release and Authorization to Use Photographs

You grant Freshdeals PH permission to use any and all photographs taken by Freshdeals PH or its agents or employees, or submitted by You to Freshdeals PH (hereinafter “Photographs”) in any media (including, but not limited to, print, internet, film, television and no matter how distributed or published) for any purpose, including, but not limited to, advertising, promoting, and marketing of Freshdeals PH or any product or service sold and marketed by Freshdeals PH. You agree that this authorization to use Photographs may be assigned by Freshdeals PH to any other party, may be combined with other Photographs, sounds, text and graphics, and may be manipulated, cropped, altered or modified in Freshdeals PH’s sole discretion. You agree not to make any monetary assessment against Freshdeals PH in exchange for the release under this section. You hereby release and forever discharge Freshdeals PH from any and all liability and from any damages. You further acknowledge and agree that this release is binding upon Your heirs and assigns and that the release is irrevocable.

9. Assumption of Risk

You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FRESHDEALS PH, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FRESHDEALS PH SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, FRESHDEALS PH SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FRESHDEALS PH’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Freshdeals PH, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to your use or misuse of the Affiliate Program.

11. Third Party Rights

The sections titled Limitation of Liability and Indemnification are solely for the benefit of Freshdeals PH and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Service is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Service without Freshdeals PH’s prior written consent.

12. Unlawful Activity; Termination of Access

Freshdeals PH reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Freshdeals PH may discontinue your participation in the Affiliate Program at any time for any reason or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS FRESHDEALS PH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Remedies for Violations

Freshdeals PH reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.

14. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Service are governed by and construed in accordance with the internal law of the Republic of the Philippines without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Service shall be filed only in the country, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Where a conflict exists between Freshdeals PH’s Terms of Use and these Terms of Service, the Terms of Service govern.

YOU AND FRESHDEALS PH EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF FRESHDEALS PH AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Service constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

16. Changes to the Terms of Service

Freshdeals PH may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

17. Contact Us

If you have questions or concerns regarding these Terms of Service or the Affiliate Program, you may contact us thru our FB Page https://facebook.com/freshdeals.ph