Affiliate Agreement Overview

Intro
Thank you for considering the Tuya Colour Cosmetics affiliate program. Our affiliates are very important to us and we have put together this short agreement to help you build your business as an affiliate while staying within the terms of the affiliate program. This agreement is designed with you in mind, as well as protecting you, Tuya Colour Cosmetics and our customers. Please read thoroughly. If you have any questions, please contact us at [email protected]

Affiliate Agreement
This agreement describes the terms and conditions for participation in the Tuya including Tuya Colour Cosmetics affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “Tuya Colour Cosmetics” refers to Tuya Colour Cosmetics, with whom you are entering this agreement. By applying to the Tuya Colour Cosmetics affiliate program you are confirming that you have read the agreement and agree to the terms and conditions set out in this Affiliate Agreement as well as the Tuya Non Disclosure and Non Compete Policies as set out within our NDA and NC Policies.

Affiliate Program
The affiliate program for Tuya Colour Cosmetics is based on commissions paid for product sales that are referred through the Tuya website www.tuya.com.au via either referral links, referral codes, or direct link tracking through an affiliates domain, a percentage of the value of the retail sale exluding tax and shipping is then paid to the affiliate as a commission.

We have a four tier affiliate model, with the parent affiliate being the primary affiliate, and three sub affiliate tiers for affiliates based on referrals.  Parent Affiliate > Sub Affiliate Tier 1 > Sub Affliliate Tier 2 > Sub Affiliate Tier 3.

Commissions
For a sale to generate a commission to the Affiliate, the customer must complete the sale and remit full payment for the product using the affiliates unique referral code, link or direct link provided to them. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed from the Affiliate Dashboard, along with impressions, clicks and sales. Comissions

If the Affiliate is a Parent Affiliate, they will receive a 20% commission for each new sale, resulting from a click on one of their links. 

If the Affiliate is a Sub Affiliate, they will similarly receive a 20% commission on the value of each new sale as they then become the reffering affiliate, if they are to enlist sub affliates beneath them they then become the Parent Affiliate of their own line, they will still remain a Sub Affiliate of their original Parent in their up line.

A Parent Affiliate may also receive commission value from Sub Affiliates they have referred to the program with a maximum matrix depth of 3 Sub Affiliate levels beneath the Parent Affiliate.

Parent Affiliates will receive an incremental 10% from sales through Sub Afilliate T1 (from hereon known as Tier 1), 5% from a Tier 2 Sub Affiliates sale and another 5% from a Tier 3 Sub affiliate sale.

For example, if the Sub Affiliate makes a sale with the retail value of $100AUD not including shipping, they will receive a commission value of $20 AUD.

Their immediate parent affiliate will receive $10 AUD, the Parent’s Parent Affiliate will receive $5 AUD and the top tier Parent Affiliate will receive a $5 AUD commission on the sale. 

Sub Affiliates are not entitled to bypass their referring Affiliate by registering new affiliate accounts or otherwise circumnavigating the affiliate tier system.

Affiliates are entitled to use their own referral links to make purchases for themselves and the 20% commission from the sale will count towards their monthly total. Essentially giving the Affiliate 20% off the retail price as a rebate credit paid towards their commission. This will be calculated with their sales totals and isnt an immediate discount from the cart upon time of checkout.

The company reserves the right to withhold payments and remove accounts that have been involved in fraudulent promotional methods or who have attempted to exploit the four tier affiliate model. 

Affiliates will continue to accumulate commissions for each paid transaction by the customer for as long as the customer remains a paying customer with Tuya Colour Cosmetics. If a customer uses the Affiliates method of referral they will be connected to the Affiliate via a legacy program which will contribute all future purchases from this customer towards the referring affiliates commission totals. The customer will remain connected to their Affiliate unless a change is requested from the customer, the affiliate, or if Tuya deems the change necessary.

Payment
An Affiliate can request a payment when their balance reaches a minimum balance of $100 AUD. This is the minimum monthly total required to be eligible to receive commissions, if the total sales do not reach $100 within the calendar month the commission will no longer be eligible for payment for that month and will not roll over to the next month. This amount includes the Affiliates commission, plus any sub affiliate commission within the affiliate’s network. We will make payment via PayPal or bank transfer, or credit towards future self purchases, depending on your preferences as indicated in the affiliate panel. 

Payments will be made after the end of each calendar month and will be paid out within 7 days of the month ending to account for processing times to calculate sales totals. The last day of each month is the cut off for eligible sales to count towards the monthly totals.

Refunds
In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance or brought forward to the next calendar months totals and educted from there.

Usage and Obligations
Affiliates are permitted to use the Tuya Colour Cosmetics brand and marketing resources available in the Affiliates section of the Tuya Colour Cosmetics application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials. An affiliate can request to make their own content and use the Tuya logo and branding with the permission of the Affiliate Manager by emailing [email protected] with their request. Affiliates are permitted to create and share content on social media, their own website, in person, or through their networks. Resale sites such as Ebay, Amazon, Gumtree, etc are not permitted for Affiliates to get sales. An affiliate must do their best to ensure their leads and sales do not result in spam or unsafe traffic to the Tuya website.

The Affiliate will never imply that they are acting on behalf of Tuya or Tuya Colour Cosmetics and will never advertise Tuya Colour Cosmetics products directly as their own, only Accredited Distributors have this right. The Affiliate will never bid for advertisements that compete with Tuya Colour Cosmetics. Affiliates are not permitted to sell directly to customers or alter, misrepresent or provide false pricing or information pertaining to Tuya and any of its subsidiaries and products.

The Affiliate will never represent themselves, Tuya Colour Cosmetics or their relationship with Tuya Colour Cosmetics in a false or misleading way. The Affiliate will comply with the Tuya Non Compete and Non Disclosure policies as set out by Tuya.

The Affiliate will not engage in the distribution of unsolicited bulk email (spam) mentioning or referencing Tuya Colour Cosmetics. The Affiliate will not engage in similar activities via social media, online or in person.

The Affiliate is entitled to their own opinion based on their experiences with Tuya and its Subsidiaries but as per the NDA they will reframe from public slander that could cause detriment to future and potential earnings, sales, recruitment, business.

Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.

If the Affiliate terminates the agreement, no further commissions from Tuya Colour Cosmetics will be paid for any past or future customer transactions.

If Tuya Colour Cosmetics chooses to terminate the agreement, any balance greater than $25 AUD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 AUD will be forfeited.

If the Affiliate is on a recurring program, Tuya Colour Cosmetics will not be obligated for any future payments after termination.

Governing Law
This Agreement shall be governed, construed, and enforced in accordance with the laws of the country of Australia, without regard to its conflict of laws rules.

Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the country of Australia. An award of arbitration may be confirmed in a court of competent jurisdiction.

Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.