Terms and Conditions Affiliate

Terms & Conditions

ProPlugin.com Affiliate Program

Last updated 4th of June 2024

Definitions

The Company means ProPlugin Co., Ltd.

Affiliate means the person who agrees to these Terms and Conditions (T&C)

Applicability

These Terms and Conditions (T&Cs) apply exclusively to the ProPlugin.com Affiliate Program operated by The Company through the website ProPlugin.com. Participation in this program and all related activities are governed solely by these T&Cs. Any other affiliate programs or promotional activities not explicitly mentioned here are outside the scope of these T&Cs.

1.Commission rate

1.1 The Company will pay the Affiliate a commission on the net sales price of the products sold through the Affiliate's code or link. The applicable commission rate will be communicated through the designated channels.

1.2 The commission will be subject to a 3% withholding tax for submission to the Revenue Department, which can be refunded by filing an annual tax return.

2.Commission payment

2.1 The Affiliate must have a minimum commission balance of 500 THB in order to be paid out. If the Affiliate's pending balance does not meet the minimum, the Company reserves the right to hold the payment until the balance is sufficient.

2.2 Payments for commissions are set for the 2nd Friday of the month and will cover commissions accrued in the month or months prior.

2.3 The name registered in the Affiliate’s account used for receiving the commission must have the same name as written on the copy of the ID card or passport provided to the Company.

2.4 The Company will not pay commissions for transactions that do not comply with the specified conditions, such as transactions made without using the Affiliate's code or link.

2.5 If a customer’s order has been refunded (i.e. because the product was returned), The Company reserves the right to cancel the commission related to that product. If the commission has already been paid, it will be deducted from the Affiliate's current balance.

3.Products

3.1 The Company will announce products included and/or excluded in this agreement through the designated channels and reserves the right to change the Affiliate product selection and product prices at its discretion without prior approval from the Affiliate

3.2 Products on sale, are generally excluded from participation in this Affiliate Program, however exceptions are made for certain products or product groups

4.Affiliate Responsibilities

4.1 The Affiliate is not permitted to advertise or act under the name of The Company.

4.2 The Affiliate is responsible for advertising and marketing The Company’s products or services through various channels to generate sales and increase sales for The Company..

4.3 While the Affiliate may create content (Affiliate Media) related to The Company’s products or services to attract consumer interest, it is not mandatory if they prefer to share codes or links among friends, family, or colleagues.

4.4 Affiliate media must not contain any of the following prohibited content:

(a) Any information that violates or supports the violation of applicable laws

(b) Fraudulent or misleading information or inducement

(c) Viruses, malware, spyware, Trojan horses, phishing, or any malicious code that violates or disrupts security measures of the platform

(d) Counterfeit or imitation product marketing or illegal business

(e) Any content that infringes on the rights of third parties

(f) Any content that may be harmful, obscene, threatening, or offensive.

4.5 The Affiliate must use the tracking codes or links provided by The Company for advertising and marketing products or services and must strictly comply with The Company’s terms and conditions of use.

4.6 Compliance with Laws and Conditions: The Affiliate must comply with relevant laws and service conditions in their jurisdiction and act correctly according to the terms stipulated in the contract with The Company.

4.7 The Affiliate must comply with any request from The Company to remove content referring to The Company or using Company’s affiliate code or link within 3 business days, failing which their account may be terminated.

5.Personal Data Protection (PDPA)

5.1 The Affiliate agrees to provide personal information such as name, address, phone number, account name, and a copy of their ID card or passport for verification and administrative purposes. The Company will handle and retain this information in accordance with the Personal Data Protection Act (PDPA) of Thailand and will not disclose it to third parties without the Affiliate's consent, except as required by law.

6.Confidentiality

6.1 Each party shall keep confidential information of the other party confidential and not disclose such information to any third party unless disclosed as "necessary" to third parties who have signed confidentiality agreements providing protection.

7.Representations and Warranties

7.1 Each party represents and warrants that:

(a) It is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation.

(b) It has the power and authority to enter into this Agreement.

(c) This Agreement constitutes a valid and binding obligation and is enforceable against it in accordance with its terms.

(d) It will comply with all applicable laws in the performance of its duties under this Agreement.

7.2 The Affiliate represents and warrants that:

(a) The execution, delivery, and performance of its obligations under this Agreement do not conflict with or violate any agreement, instrument, judgment, or regulation applicable to the Affiliate.

(b) All information provided by the Affiliate to The Company is complete, true, accurate, and up-to-date, and the Affiliate has the right to conduct business, including offering products and services.

(c) The Affiliate's media does not contain (i) any information that violates or supports the violation of applicable laws, (ii) fraudulent or misleading information or inducement, (iii) viruses, malware, spyware, Trojan horses, phishing, or any malicious code that violates or disrupts security measures of the platform, (iv) counterfeit or imitation product marketing or illegal business, (v) any content that infringes on the rights of third parties, or (vi) any content that may be harmful, obscene, threatening, or offensive.

8.Disclaimer

8.1 The Company and Affiliate codes or links are provided on an "as-is" basis. The Affiliate acknowledges and agrees that The Company shall not be liable for any errors in the security technology and measures. The Company does not warrant that its media or Affiliate codes or links will be available, accessible, uninterrupted, secure, accurate, complete, or error-free. The servers used to provide services will not contain viruses, clocks, timers, counters, worms, software locks, drop-dead devices, Trojan horses, routings, trap doors, time bombs, or any other harmful code, command, program, or component.

8.2 The Company shall not be liable to the Affiliate for any consequential, incidental, special, punitive, or exemplary damages arising out of or related to transactions under this Agreement, including lost profits or damage to business.

8.3 In no event shall The Company’s total liability arising out of or related to this Agreement (including claims based on warranty) exceed the amount paid or payable by The Company to the Affiliate under this Agreement during the six months preceding the claim.

8.4 Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed-upon allocation of the risks of the Agreement between the parties. This allocation is reflected in the pricing offered by The Company to the Affiliate and is an essential element of the basis of the bargain between the parties. Each of these provisions is separable and independent of all other provisions of this Agreement. The limitations in this Section will apply notwithstanding the failure of the essential purpose of any limited remedy in this Agreement.

9.Term and Termination

9.1 This Agreement shall be effective from the date The Company approves the Affiliate's registration to join the program and shall continue until terminated.

9.2 The Company reserves the right to terminate this Agreement at its sole discretion for any reason by providing at least seven (7) days' notice. The Company may terminate this Agreement immediately without prior notice if the Affiliate breaches any terms of this Agreement.

9.3 This Agreement will terminate immediately if:

(a) Either party ceases to operate, files for bankruptcy, becomes insolvent, or makes an assignment or arrangement for the benefit of its creditors, or

(b) A force majeure event occurs that lasts for more than thirty (30) days.

9.4 Upon termination of this Agreement for any reason, the Affiliate must immediately cease using the Affiliate codes or links.

9.5 In the event of termination due to the Affiliate's breach of any terms, The Company reserves the right to forfeit all payments due to the Affiliate as liquidated damages. This does not limit The Company’s right to seek additional remedies as provided by law.

9.6 The following provisions shall survive the termination or expiration of this Agreement, along with any other provision that by its nature is intended to survive termination: all liabilities accruing before the termination or expiration shall survive such termination or expiration.

10.Governing Law

10.1 This Agreement shall be governed by and construed in accordance with the laws of Thailand.

11.Modifications to Terms & Conditions

11.1 The Company reserves the right to modify these Terms and Conditions at any time at its sole discretion. Any changes will be effective immediately upon posting on the ProPlugin.com website. It is the Affiliate’s responsibility to review these Terms and Conditions periodically to ensure compliance. Continued participation in the Affiliate Program following any modifications constitutes acceptance of the new Terms and Conditions.

12.Language and Interpretation

12.1 The English version of these Terms and Conditions is a translation of the original Thai version. In the event of any discrepancies or inconsistencies between the English version and the Thai version, the Thai version shall prevail.

Detailed overview

Affiliate Portal

Commission rate

The Company will pay the Affiliate a standard commission rate of the net sales price of the products sold through the Affiliate's code or link. Your current standard commission rate is set at 5%, however the rate may deviate for certain products or brands.

Referral discount

Referrals receive a discount when they purchase a product through your code or link. Your current referral discount is set at 5%, however the rate may deviate for certain products or brands.

Participating brands

Below is a list of brands participating in the affiliate program. Products sold from brands that are not listed below, will incur a 0% commission fee upon sale. No discount will be awarded to the customer either.