LuxeGems Affiliate Program Agreement

LuxeGems Affiliate Program Agreement

Effective Date: Effective Upon Date of Joining the Affiliate Program

This Affiliate Program Agreement (“Agreement”) is entered into between:

LuxeGems (“Company”)
and
Affiliate Applicant (“Affiliate”)

By submitting an application to participate in the LuxeGems Affiliate Program and checking the agreement confirmation box, Affiliate agrees to be bound by the terms and conditions contained in this Agreement.

1. Affiliate Relationship

1.1 Affiliate is an independent contractor and not an employee, partner, agent, representative, or legal associate of LuxeGems.

1.2 Affiliate has no authority to make commitments, guarantees, warranties, or representations on behalf of LuxeGems unless explicitly authorized in writing.

1.3 Affiliate is responsible for their own taxes, legal obligations, and expenses related to affiliate activities.

2. Affiliate Responsibilities

Affiliate agrees to:

  • Promote LuxeGems products honestly and accurately.
  • Use approved brand materials when provided.
  • Clearly disclose their affiliate relationship where required by applicable laws and regulations.
  • Avoid misleading claims about products, pricing, materials, availability, benefits, or customer experiences.
  • Maintain professional conduct when representing LuxeGems.

Affiliate may not:

  • Create advertisements or content implying they are an employee, owner, or official representative of LuxeGems beyond their affiliate relationship.
  • Use deceptive marketing practices.
  • Spam customers, communities, or social media platforms.
  • Purchase products through their own affiliate link for the purpose of earning commission unless approved by LuxeGems.
  • Bid on LuxeGems trademarked terms in paid advertising without written permission.

3. Commission and Payment

3.1 Affiliate commissions are earned based on successful tracked sales generated through Affiliate’s approved affiliate links, referral codes, or other approved tracking methods.

3.2 LuxeGems reserves the right to modify commission rates, payment schedules, tracking methods, or program terms with reasonable notice.

3.3 LuxeGems reserves the right to withhold, reverse, or deny commissions associated with:

  • Fraudulent transactions.
  • Returned or refunded orders.
  • Chargebacks.
  • Self-referrals.
  • Manipulation of tracking systems.
  • Violations of this Agreement.

4. Affiliate Tracking

Affiliate acknowledges that:

  • Sales are tracked through affiliate links, referral codes, or approved tracking systems.
  • LuxeGems is not responsible for tracking failures caused by third-party platforms, browser settings, ad blockers, technical failures, or circumstances outside its reasonable control.

5. Brand Usage Rights

LuxeGems grants Affiliate a limited, non-exclusive, revocable license to use approved brand materials solely for promoting LuxeGems products.

Affiliate may not:

  • Modify logos, trademarks, or branding without permission.
  • Register domains, social media accounts, or businesses containing LuxeGems trademarks.
  • Represent ownership or official affiliation beyond the affiliate relationship.

6. Confidentiality and Non-Disclosure Agreement (NDA)

6.1 Confidential Information

During participation in the affiliate program, Affiliate may receive confidential information including, but not limited to:

  • Wholesale pricing or margins.
  • Marketing strategies.
  • Upcoming product releases.
  • Supplier information.
  • Sales data.
  • Customer information.
  • Affiliate program information not publicly available.
  • Internal business processes.

All such information (“Confidential Information”) remains the property of LuxeGems.

6.2 Affiliate Obligations

Affiliate agrees to:

  • Keep Confidential Information private and secure.
  • Not share, publish, sell, distribute, or disclose Confidential Information to any third party.
  • Use Confidential Information only for activities directly related to the LuxeGems Affiliate Program.

6.3 Exceptions

Confidential Information does not include information that:

  • Is publicly available through no fault of Affiliate.
  • Was lawfully known by Affiliate before disclosure.
  • Was independently developed without use of LuxeGems Confidential Information.
  • Must be disclosed by law, court order, or legal process.

6.4 Duration

The confidentiality obligations under this section survive termination of the affiliate relationship for five (5) years. Trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

7. Affiliate Conduct and Non-Disparagement

Affiliate agrees to conduct themselves professionally when discussing LuxeGems, its owners, employees, contractors, affiliates, partners, customers, and community members.

Affiliate agrees that they will not:

  • Make knowingly false statements about LuxeGems or individuals associated with LuxeGems.
  • Publish misleading statements intended to damage the reputation of LuxeGems or its affiliates.
  • Encourage harassment, brigading, threats, or targeted attacks against LuxeGems, its affiliates, employees, contractors, or community members.
  • Publicly disclose private disagreements, internal discussions, affiliate disputes, or confidential business matters without authorization.
  • Use their platform or audience to intentionally create hostility between LuxeGems, customers, affiliates, or community members.

Affiliate understands that they remain free to:

  • Provide honest opinions about their personal experiences.
  • Leave the affiliate program at any time.
  • Discuss publicly available information.
  • Express lawful opinions or criticism.

However, Affiliate agrees that disputes relating to the affiliate program, compensation, moderation decisions, affiliate relationships, business decisions, or private communications should first be addressed privately with LuxeGems before being made public.

8. Compliance With Laws

Affiliate agrees to comply with all applicable laws and regulations, including:

  • Advertising disclosure requirements.
  • Consumer protection laws.
  • Social media platform rules.
  • Intellectual property laws.

Affiliate is responsible for ensuring that their promotional activities comply with applicable requirements.

9. Termination

Either party may terminate this agreement at any time.

LuxeGems may immediately terminate Affiliate participation for:

  • Fraud.
  • Misrepresentation.
  • Brand damage.
  • Disclosure of confidential information.
  • Harassment or targeted attacks involving LuxeGems, its affiliates, customers, or community members.
  • Violation of this Agreement.

Upon termination:

  • Affiliate must stop representing themselves as an active LuxeGems affiliate.
  • Affiliate must remove unauthorized promotional materials.
  • Valid earned commissions will be handled according to program rules.

10. Limitation of Liability

LuxeGems is not responsible for indirect, incidental, special, or consequential damages arising from participation in the affiliate program.

11. Governing Law

This Agreement shall be governed by the laws of the State of Massachusetts, United States, without regard to conflict of law principles.

12. Electronic Acceptance

By submitting an affiliate application and selecting the checkbox confirming agreement to these terms, Affiliate acknowledges that:

  • They have read and understood this Agreement.
  • They agree to be legally bound by these terms.
  • Their electronic acceptance constitutes their agreement in the same manner as a written signature.