Black Hawk Japan Affiliate Program Terms and Policies

By participating in the Black Hawk Japan Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and Black Hawk Japan. By submitting the online application, you are agreeing that you have read and understand the terms and policies of this Agreement, and that, if Black Hawk Japan accepts your application, you agree to be legally responsible for each and every term and policy.

Your participation in the Program is solely for the purpose of legally advertising Black Hawk Japan to receive a commission on products purchased by your referrals.

Prospective affiliates must apply online and be approved by Black Hawk Japan in order to gain access to the Program. Black Hawk Japan reserves the right to approve or reject any application to join the Program for any reason, at any time. This Agreement begins when Black Hawk Japan approves your application and will end when your participation is terminated.

Black Hawk Japan may change the Program or this Agreement at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them. If you continue to participate in the Program after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you have to terminate your participation by sending an email to [email protected].

You or Black Hawk Japan may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.

Referrals

Black Hawk Japan will attribute referrals to you based on a tracking code embedded in your affiliate links.

Black Hawk Japan uses the Refersion affiliate tracking system owned by Refersion, Inc. When a referral clicks through your affiliate link, Refersion sets a cookie in the browser that contains your tracking code. Refersion also tracks other information, such as the IP address of the referral, in its database along with your tracking code. When the referral decides to buy a product at Black Hawk Japan, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase later in time and Black Hawk Japan will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.

Black Hawk Japan reserves the right to refuse service to any referral.

Commissions

Black Hawk Japan will pay you a commission on products purchased by your referrals according to the designated payment schedule described below. Commissions are calculated by multiplying the relevant commission rate and the price of the qualifying sales (excluding shipping costs, taxes, and returns). Commissions will only be paid on sales that are made when your referrals click through qualified, correctly structured affiliate links. Properly coded links are your sole responsibility. 

Black Hawk Japan uses the Refersion affiliate tracking system owned by Refersion, Inc. to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the Refersion website, you will have access to information we use to determine commissions we owe you.

You are prohibited to use affiliate links to place orders for yourselves and earn commission.

Black Hawk Japan reserves the right to increase or decrease commission rates from time to time as it sees fit.

There is no maximum commission limit.

If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. Black Hawk Japan returns all money to the referral, so you must also return your portion of the sale. 

Black Hawk Japan reserves the right to reject or hold the payment if the conversion source is unidentified. If you believe your conversion is legitimate and conforms to our policy, you may contact us directly by providing us with the details and we will decide to approve or reject the payment.

Payment Schedule

Commissions are paid to your nominated PayPal account on the last day of every month, passing 31 business days after the order has been delivered. Commissions are paid in Japanese yen.

Black Hawk Japan reserves the right to change the payment schedule at any time.

Restrictions on Promotion

Program participants agree not to engage in the following practices.  

1) Promotion on coupon, deal, cash back, rewards or incentive sites. 

2) Making purchases using your own affiliate links or referring clients who are paying you. 

3) Using “blackhawkjapan.com” or trademarked and brand terms in pay-per-click or similar advertisements, whether as keyword bidding terms or in titles, descriptions and URL’s. Brand terms include but are not limited to “blackhawkjapan.com” and the names of our themes, plugins and other products or services. The use of these terms is reserved for our own use.

4) False advertising or otherwise misleading claims (including fake coupon codes). 

5) “Black hat” affiliate marketing practices including but not limited to spamming (whether by email or other means) and cookie stuffing. 

6) Promotion on websites with sexually explicit, violent, vulgar, illegal or offensive content, as determined by blackhawkjapan.com. 

Violations will result in the immediate suspension or termination from the Program.

Reversals

Black Hawk Japan reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

1) You are not forthcoming, you are intentionally vague, or you are found to be lying.

2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.

3) You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.

Assets

The tools, products, and creative assets (collectively “Assets”) that Black Hawk Japan provides to you include valuable information vital to the success of the Program, including a tracking code that Black Hawk Japan uses to attribute referrals to you.

Black Hawk Japan grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.

You will use the Assets as Black Hawk Japan instructs:

1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.

2) You will not alter, add to, subtract from, or otherwise modify the Assets as Black Hawk Japan provides them unless you obtain prior written consent from Black Hawk Japan.

3) You may only use the Assets for the purpose of promoting Black Hawk Japan and its products.

4) Black Hawk Japan retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.

5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.

6) You will not publish or otherwise distribute any other advertising materials that reference Black Hawk Japan unless Black Hawk Japan gives prior written consent to the distribution of such materials.

Social Media

Black Hawk Japan permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:

1) You ARE ALLOWED to post your affiliate links on your own social media.

2) You ARE PROHIBITED from posting your affiliate links on the social media of Black Hawk Japan.

Keywords

You shall not purchase keywords, domain names, advertising, search terms, adwords, or any other identifiers that include the word “Black Hawk Japan,” the names of Black Hawk Japan products or services, or any variations or misspellings thereof.

Specifically, this policy prohibits you from:

1) Bidding on “Black Hawk Japan” and any keyword string that includes this term, such as “Black Hawk Japan Parts” or “Black Hawk Japan coupons” or “Black Hawk Japan promotions”; and

2) Purchasing domain names based on “Black Hawk Japan” or variations, such as “blackhawkjapanparts.com” or “blackhawkjapan.co” or “www.blackhawkjapan-review.org”.

Relationship

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and Black Hawk Japan. You will provide services for Black Hawk Japan as an independent contractor. You will have no authority to bind Black Hawk Japan into any agreement, nor will you be considered an agent of Black Hawk Japan in any respect.

Black Hawk Japan will not be responsible for any taxes that you owe arising out of your relationship with Black Hawk Japan as set forth in this Agreement. Black Hawk Japan will not withhold any taxes from the commissions paid to you.

You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that Black Hawk Japan is compensating you for your review or endorsement.

Warranties

Black Hawk Japan makes no express or implied warranties or representations with respect to the Program.

Black Hawk Japan makes no representation that the operation of the Program will be uninterrupted or error-free, and Black Hawk Japan will not be liable for the consequences of any interruptions or errors.

You represent and warrant the following:

1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.

2) Your website does not contain any materials that are unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.

3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.

4) You do not compete with Black Hawk Japan. You are not an employee, agent, or partner with any person or company that competes with Black Hawk Japan. You may be an affiliate with or an independent contractor to persons or companies that compete with Black Hawk Japan.

Indemnification

You will indemnify and hold harmless Black Hawk Japan from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless Black Hawk Japan for any damage, loss, or other cost arising out of your use or misuse of the Assets.

Confidentiality

Any information that you are exposed to by virtue of your relationship with Black Hawk Japan under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Black Hawk Japan.

Liability

Black Hawk Japan will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Black Hawk Japan was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.

Related Policies

The Program tracking system is operated by Refersion, Inc., a third party. In order to enroll in the Affiliates Program, you may be required to enter into a separate agreement with Refersion which you should read carefully. Black Hawk Japan does not control Refersion and is not responsible for any activity by Refersion.

Latest update: Jun 18, 2019