KIM+ONO Affiliate Program
Terms & Conditions for Content Creators
1. Introduction
Welcome to the KIM+ONO Affiliate Program. By participating, you agree to be bound by these terms and conditions, which govern your relationship with KIM+ONO as an affiliate partner. This Agreement is designed to protect both the interests of KIM+ONO and its affiliates. Please read it carefully. If you do not agree to any part of these terms, do not participate in the program.
2. Definitions
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KIM+ONO: Refers to the brand and company, including its employees, directors, and representatives.
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Affiliate: Any individual or entity approved to participate in the Affiliate Program.
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Qualifying Sale: A purchase made by a customer who accesses KIM+ONO's website using your referral link or promo code, which meets the criteria outlined in Section 4.
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Commission: The percentage or flat fee earned by the Affiliate for qualifying sales.
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Confidential Information: Includes, but is not limited to, business strategies, marketing plans, sales data, and affiliate-related metrics.
3. Eligibility and Enrollment
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Eligibility: Applicants must be at least 18 years old and have a valid email address, social media account, or website. KIM+ONO reserves the right to reject any application at its discretion without providing a reason.
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Approval Process: Once your application is reviewed, you will receive an email notification regarding your acceptance or rejection.
4. Affiliate Responsibilities
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Promotion: Affiliates are expected to promote KIM+ONO’s products truthfully, accurately, and with integrity. Promotions must align with KIM+ONO's branding guidelines.
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Content Usage: Affiliates may only use KIM+ONO-provided promotional materials or materials explicitly approved by KIM+ONO.
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Compliance: Affiliates must comply with all applicable local, state, national, and international laws, including but not limited to Federal Trade Commission (FTC) disclosure guidelines, GDPR, and other relevant regulations.
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FTC Disclosure Requirements:
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Affiliates must include a disclosure phrase or statement on any webpage, blog, or social media post where affiliate links are displayed as an endorsement or review (partnership, #SponsoredBy…). The disclosure must make it clear that the post or link is part of a paid advertisement.
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Disclosures must:
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Be as close as possible to the claims they relate to.
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Be visible above the fold (no scrolling required to see the disclosure).
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Not use pop-ups as a disclosure method.
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For more information, refer to the FTC’s "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf and Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements.
5. Commissions
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Rate: Affiliates will earn an agreed-upon commission on qualifying sales unless otherwise specified in writing by KIM+ONO.
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Qualifying Sales: A sale qualifies for a commission if:
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It is completed through an affiliate's unique referral link or promo code.
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It is not canceled, refunded, or charged back.
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Exclusions: Commissions will not be earned on:
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Wholesale or discounted purchases.
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Transactions involving gift cards or store credits.
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Payouts: Payments will be made based on associated platform Affiliate Terms (Google, Tiktok, etc). Payments will be processed via the selected method in the affiliate dashboard.
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Tracking: KIM+ONO uses tracking cookies valid for 30 days. Sales made after this period are not eligible for commissions.
6. Reversal & Communication Policy
KIM+ONO takes pride in its low reversal rate, which is attributed to clear communication with affiliates. However, KIM+ONO reserves the right to reverse orders for the following reasons:
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Order cancellations, duplicate tracking, or returns.
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Disputed charges.
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Violations of the Affiliate Program terms and conditions.
Communication Expectations: If KIM+ONO requests clarification or additional information about orders or traffic sources, affiliates must respond promptly and honestly. Failure to do so may result in penalties, including:
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Providing vague, misleading, or false information.
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Not responding within a reasonable timeframe after multiple contact attempts.
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Failing to validate traffic sources with clear proof.
Violations may result in:
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Reversal of orders.
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Suspension or termination of affiliate privileges.
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Reduction of commission rates to 0% for affected periods.
Affiliates are responsible for ensuring they have the necessary systems in place to proactively address these issues and maintain compliance with program rules.
7. Termination and Suspension
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Voluntary Termination: Affiliates may terminate their participation by providing written notice to KIM+ONO.
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Involuntary Termination: KIM+ONO reserves the right to terminate or suspend an affiliate’s account at any time, without prior notice, for reasons including but not limited to:
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Violation of these terms.
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Engaging in prohibited practices.
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Poor performance or inactivity.
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Effect of Termination: Upon termination, the affiliate will forfeit any unpaid commissions if the termination is due to a breach of these terms.
8. Intellectual Property
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Ownership: All trademarks, logos, product images, and marketing materials remain the sole property of KIM+ONO.
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License: Affiliates are granted a limited, non-exclusive, revocable license to use KIM+ONO’s materials solely for promotional purposes.
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Prohibited Uses: Affiliates may not:
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Alter, modify, or create derivative works from KIM+ONO's intellectual property.
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Use KIM+ONO's intellectual property in a way that could harm its reputation.
9. Confidentiality
Affiliates agree to maintain the confidentiality of all non-public information provided by KIM+ONO, including but not limited to sales data, customer information, and marketing strategies. This obligation continues even after termination of the affiliate agreement.
10. Indemnification
Affiliates agree to indemnify, defend, and hold harmless KIM+ONO, its affiliates, directors, employees, and agents from any claims, damages, liabilities, or expenses arising from:
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Any breach of these terms.
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Unauthorized use of KIM+ONO’s intellectual property.
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Misrepresentation or unlawful conduct in promoting KIM+ONO.
11. Limitation of Liability
KIM+ONO will not be liable for any indirect, incidental, or consequential damages arising from participation in the affiliate program, including but not limited to loss of revenue, data, or goodwill.
12. Governing Law and Dispute Resolution
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Jurisdiction: This Agreement shall be governed by the laws of the state in which KIM+ONO operates.
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Dispute Resolution: Any disputes arising from this Agreement shall first be attempted to be resolved through good-faith negotiations. If unresolved, disputes may be settled through binding arbitration in the jurisdiction of KIM+ONO.
13. Modification of Terms
KIM+ONO reserves the right to amend or update these terms and conditions at any time. Affiliates will be notified of significant changes via email. Continued participation in the program after any changes constitutes acceptance of the revised terms.
14. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral, regarding the subject matter herein.
By enrolling in the KIM+ONO Affiliate Program, you confirm that you have read, understood, and agreed to these terms and conditions.