RussKap Water Affiliate Program Terms & Conditions

By signing up to be an affiliate in the RussKap Water Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement (“Agreement”)  between RussKap Water (“RussKap Water”, “we”, “our”, “us”) and You (the “Affiliate”, “you”, “your”).

We reserve the right to update or change the Terms for any reason at any time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us at any time shall be subject to these Terms. Continued participation in the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://www.russkapwater.com/pages/affiliate-program-terms.

Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

Account Registration & Terms

You must provide your legal first and last name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate Account (“Account”).

By applying to join this Program, you confirm that you are at least 18 years of age or older. We reserve the right to request, and upon request, require photos of government-issued identification for verification purposes in accordance with these Terms. Discovery of insufficient age after approval or failure to provide photo-ID upon our request will result in the termination of your Account.

Each Account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your Account with any other person nor with multiple users on a network.

You must not use the Program for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations, including those governing marketing and advertising practices. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

You are expected to conduct yourself with honesty and respect towards customers, fellow affiliates, and RussKap Water. Deceptive, disrespectful, or unethical behavior may result in your termination from the Program.

You acknowledge and understand the operation of the Program, as explained in the RussKap Water Affiliate Program Overview & Details, and agree to fully comply with the Terms laid forth in this Agreement.

We reserve the right to accept or reject applicants based on internal evaluation criteria without providing a specific explanation.

Affiliate Application Form

Confidentiality and Data Protection Disclaimer: Your privacy and the protection of your confidential information are of utmost importance to us. The Affiliate Application Form (the “Form”) is designed to collect necessary information for the purpose of evaluating your eligibility as a potential affiliate of RussKap Water. We are committed to ensuring the confidentiality and security of the information you provide.

Confidentiality Assurance: (1) Data Usage: The information collected through the Form will be used solely for the purpose of assessing your affiliate application. It will not be shared with third parties for marketing or unrelated purposes. (2) Security Measures: We have implemented appropriate physical, electronic, and managerial measures to safeguard your data against unauthorized access, disclosure, alteration, or destruction.

Data Retention: Your application data will be retained for a reasonable period necessary to evaluate your affiliate application. After this period, data that is no longer required will be securely disposed of in accordance with applicable data protection laws.

Consent: By completing and submitting the Form, you acknowledge and consent to the collection, storage, and processing of the information provided in accordance with these Terms.

Rights: You have the right to request access to, rectification of, or deletion of your personal data, as well as the right to withdraw your consent at any time. Any of these actions may terminate your Account. To exercise these rights or if you have any questions or concerns regarding the handling of your data, please contact us at info@russkapwater.com.

Please review our full Privacy Policy, available on our website, for more information regarding our data protection practices.

Affiliate Codes/URLs & Promotion

Once you have signed up for the Program you will be provided with an affiliate-specific discount code and URL that will enable customer discounts and proper tracking of your performance. It is your responsibility to ensure that referred customers apply your discount code correctly or purchase through your affiliate URL in order for you to earn a commission.

To ensure accurate tracking and reporting of affiliate-driven sales, we rely on affiliate-specific discount codes. Purchases made through affiliate URLs will automatically apply the corresponding affiliate discount code. Upon each affiliate-driven sale, our website admin will review the order, verify the applied discount code, and promptly initiate the payout to the respective affiliate responsible for that sale. You will not have access to an affiliate tracking portal until further notice; you may email info@russkapwater.com to request your affiliate performance report.

We will also provide promotional resources and marketing materials that can be used to generate sales using your discount code and URL. You may not modify these resources and materials in any way without our advanced written consent. We reserve the right to change the provided items at any time without notice. Unauthorized sharing of these resources and materials or their misuse is prohibited.

You may not use our name or provided items in any bulk email whatsoever unless we have given our advanced written consent. We may terminate this Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.

You must provide truthful information about our products and services. Making false claims, exaggerations, or misrepresentations during promotions is prohibited. If clarity is required on any aspect of our products or services which is unknown to you, you must consult us for accurate information.

You may not issue any press release with respect to this Agreement or your participation in the Program unless we have given our advanced written consent; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of RussKap Water, or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.

Earning Commission

For the sale of a promoted product to be eligible to earn a commission, your affiliate-specific discount code must be applied at checkout. Purchases made through your affiliate-specific URL will automatically apply the corresponding discount code at checkout.

We will only payout commissions on purchases made through the respective discount codes as reported by our systems. We will not payout commissions if someone says they signed up through you but it was not reported by our system.

The commission rate is 5% of the subtotal for each affiliate-driven sale of promoted products. The commission payout will be credited to your Account once the customer payment is received in full.

Payment

Accrued commissions are paid via PayPal roughly 1-4 weeks after we receive the customer payment in full. You must have an active PayPal account to receive commission payouts. You may request, in the form of a written message, to receive your payout through another service provider or other means, although we do not guarantee approval.

Customer payments refunded or payments charged-back due to credit card fraud do not qualify for commissions. In the event of a customer refund or charge-back after the corresponding commission payout, we will notify you that the entire amount must be returned in full to the designated RussKap PayPal account responsible for payments. We may delay crediting of commissions subject to risk analysis considerations and Anti-Money Laundering procedures.

The commission rate and payout structure is subject to change at our discretion. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

All commissions are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.

Customer Definition

Every customer who buys a product through this Program is deemed to be a customer of RussKap Water. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. We are not responsible for any representations made by you that contradict our rules, policies or operating procedures.

Copyrighted and Trademarked Material

You are solely responsible for ensuring that your promotional efforts obey all applicable copyright, trademark, and other laws. We will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement. We reserve the right to end the Program for any reason at any time, with or without notice. Upon Program termination, we will pay any legitimate outstanding earnings.

Termination

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Program, or any other RussKap Water service, for any reason at any time. Such termination will result in the deactivation or deletion of your Account, and the forfeiture and relinquishment of all potential or accrued commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of your affiliate code and URL and all promotional resources and marketing materials provided under the Program. Termination of this Agreement is synonymous with the termination of your Account and with your termination from the Program. Affiliates whose Account has been terminated may reapply for the Program by revisiting the application process. Acceptance is not guaranteed.

Performance Expectations

You are expected to maintain a certain level of performance to retain your Account. The minimum expectation is at least one sale of the RussKap TIFFANY within two months of entering the Program. Failure to meet this expectation may result in the termination of your Account.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Agreement.

Limitations of Liability

We and any of our officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Program.

Nothing in this legal notice shall exclude or limit the Company's liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in the United States, at our own discretion. Arbitration under this Agreement shall be conducted under the rules then prevailing of the United States Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Notice

All notices given by you to us must be given to RussKap Water at info@russkapwater.com. We may give notice to you at the email address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove in the case of an email, that such email was sent to the specified email address associated with your Account.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms and any document expressly referred to in it represents the entire Agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding, or arrangement between us or another party, whether oral or in writing.

We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

Governing Law and Jurisdiction

This legal notice shall be governed by and construed in accordance with United States law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the United States Courts.

Contact Information

If you have any questions or concerns regarding this Agreement or the RussKap Water Affiliate Program, please contact us at:

Email: info@russkapwater.com

Phone: (704) 610-7171

Address: 801 NE 167 St, North Miami Beach, FL 33162