Welcome to the Whimsical Lane Web Site (the “Site”). Please read these Terms and Conditions (“Terms of Service”) carefully before using https://whimsicallane.com (“the Site”) operated by Whimsical Lane (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://whimsicallane.com.
By signing up to be an Affiliate in the Whimsical Lane Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
1.0 The Program
1.1 The Whimsical Lane Affiliate Program (“Program”) is a program that rewards Whimsical Lane Affiliates (“WL Affiliates”) for promoting Whimsical Lane and its products via social media and other digital assets and converting into sales on the Site. WL Affiliates will be rewarded a fixed 10% commission for every sale converted via Unique Coupon Codes or Special Link. (refer to section 4.0)
2.0 Membership Eligibility and Overview
2.1 The Program is offered at the sole discretion of Whimsical Lane Enterprise with the following account terms:
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Whimsical Lane cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose.
- You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws, taxation laws, income declaration laws.
- You may not use the Affiliate Program to earn money on your own Whimsical Lane product accounts.
We may refuse to create an account for any reason. Employees and individuals employed by us or by our business partners or vendors are eligible for membership for personal use only
3.0 Program Enrolment
3.1 Eligible individuals may enrol in the Program by completing the registration for here: https://whimsicallane.com/affiliate-home/
3.2 Once your application has been approved, you will receive a unique log in credentials via email that provides you access to the Affiliate Member Area where you can track your commission, coupon codes, affiliate links, payment and more.
3.4 You are solely responsible for maintaining the accuracy of your account information and for updating your account information as required on the Site.
3.5 Only one Program account should be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member whom will be deemed to be the authorised account holder of the email address submitted at the time of enrolment, as determined by us in our sole discretion.
4.0 How the Program Works
4.1 The Program rewards you for every sale converted from the traffic you drive to the Site through Unique Affiliate Code and Special Link. Once you have successfully enrolled onto our Affiliate Program, you will be assigned a Unique Affiliate Code & Special Link.
There are 2 ways in which you can earn commission
a. Sale by Special Link – A Product sale will be eligible to earn commission when the customer click-through a Special Link from your site, email, or other communications to https://whimsicallane.com and complete an order for a product during that session.
To permit accurate tracking, reporting and commission accrual, we will provide you with special link formats to be used in all links between your site and the Whimsical Lane. You must ensure that each of the links between your site and the Whimsical Lane properly utilises such special link formats. Links to the Whimsical Lane placed on your site pursuant to this Agreement and which properly utilise such special link formats are referred to as “Special Links.”
b. Unique Affiliate Code – A Product sale will be eligible to earn commission when the customer completes a purchase on the Site with a Unique Affiliate code.
c. Customer transactions that resulted in a refund will automatically trigger a commission reversal in our system.
d. In the scenario that both Special Link & Unique Affiliate Code were used by a customer to complete an order, commission will be awarded based on the Affiliate’s Special Link. Therefore, please encourage your audience to use your link over someone else’s to ensure that you receive your due commission.
e. We will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Unique Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
4.3 Payment Terms & Schedule
a. We will only pay commissions on links and coupon codes that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
b. All commissions will be accrued in USD. For transactions completed in other currencies, the commission will be manually adjusted based on the latest currency exchange rate by our administrative team.
c. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
d. Payments only begin once you’ve earned more than $10 in affiliate income. If your affiliate account never crosses the $10 threshold, your commissions will not be realised or paid. We are only responsible for paying accounts that have crossed the $10
e. As long as your current affiliate earnings are over $10, you’ll be paid each month. If you haven’t earned $10 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
4.4 The products and services available as Whimsical Lane Affiliate Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole but reasonable discretion, may result in the violation of our Terms, or which may violate the law.
4.5 We are not responsible for benefits lost or redeemed due to fraudulent activity by you or any third party.
4.6 We reserve the right to change Program benefits. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to the Site (with the effective date reflected at the beginning of the Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
5.0 Program Communications
5.1 By enrolling in the Program, you consent to receiving Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrolment.
6.0 Identifying yourself as a Whimsical Lane Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; 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 Whimsical Lane or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
7.0 Your responsibilities
7.1 You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site which include but not limited to the following:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libellous or otherwise illegal
7.2 We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
8.0 Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
9.0 Term of the Agreement
9.1 The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.
9.2 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, whether on your site or otherwise, that reasonably would contradict anything in this Section.
10.1 Whimsical Lane, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Whimsical Lane service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Whimsical Lane reserves the right to refuse service to anyone for any reason at any time.
10.2 Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://whimsicallane.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Whimsical Lane reserves the right to end the Program at any time. Upon program termination, Whimsical Lane will pay any outstanding earnings accrued above $10.
11.0 Disclaimers, Limitations of Liability
11.1 We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
11.2 We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Whimsical Lane will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
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, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Act 2005. 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.
13.0 Governing Law and Disputes
This Agreement will be governed by the laws of Malaysia, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Whimsical Lane to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Whimsical Lane and govern your use of the Service, superceding any prior agreements between you and Whimsical Lane (including, but not limited to, any prior versions of the Terms of Service).
14.0 Privacy and Data Protection
15.0 Entire Agreement; Waiver and Survival
These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 11 is subject to the provisions of Subsection 7.1 of this Program.
16.0 Contact Us
For information about the Program and your membership, contact Customer Service at email@example.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.
17.0 Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.