Shimoda Program Governing Terms andConditions

This is a legally binding agreement between Shimoda Designs ("Shimoda", "us", "our",
"ours") and you ("you", "yours"). By completing and submitting the online application, you acknowledge that you have read, understand and agree to be bound by this operating agreement. This Agreement ("Agreement") contains the complete terms and conditions concerning the Shimoda Affiliate Program.

1) Enrollment: Submit a complete application via the Shimoda Website. Your application will be evaluated in good faith and we will notify you of its acceptance or rejection. Your application may be rejected if we determine (in our sole discretion) that you are not suitable at this time for the Shimoda Affiliate Program. Unsuitable reasons may include, but are not limited to, promoting sexually explicit materials; promoting violence; promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promoting illegal activities; including "Shimoda," or any other trademark of Shimoda or its affiliates, or variations or misspellings of any of them, in their domain name or other HTML tags, including page titles, meta-tags, or HTML comment tags, or in any paid search programs. By participating in the Shimoda Affiliate Program, you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Shimoda Affiliate Program at any time. If after the acceptance of your application, your site or content is determined (in our sole and absolute discretion) to be unsuitable for the Shimoda Affiliate Program, we may immediately terminate this Agreement at any time without notice. Only those parties that can enter lawfully into and form contracts under applicable law can participate in the Shimoda Affiliate Program.

2) Shimoda Affiliate Link: As a Shimoda Affiliate Program member, we will make available to you via the Affiliate Program textual links to the Program Web Site, a personalized coupon code and/or other creative materials (collectively, the "Links")
which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in legitimate channels of influence. The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.

3) Limited License: Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Shimoda Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the Shimoda domain name.

By participating in the Shimoda Affiliate Program, you consent to us sending you occasional email updates regarding the program.

We grant you a limited, nonexclusive, non-transferable, revocable right to use any supplied graphic images, text and/or coupon codes solely for the purpose of you participating in the Shimoda Affiliate Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice via email.

You acknowledge Shimoda’s ownership of its licensed materials, agree that you will not do anything inconsistent with Shimoda’s
ownership and that all your use of the licensed materials will inure to the benefit of and on behalf of Shimoda. You agree that nothing is this Agreement gives you any right, title or interest in the licensed materials other than the
right to use the licensed materials in accordance with this Agreement.

6) Restrictions on Promotion: The Shimoda affiliate program is designed for affiliates to promote via their legitimate  channels of influence only. Promotion via paid traffic (including any Adword campaign), re-targeting, discount and/or coupon site, or any other method that in the sole discretion of Shimoda is not in accordance with the letter and spirit of these terms and conditions will result in any commissions so resulting being deniedand puts your continued participation in the Shimoda program in jeopardy.

7) Shimoda Policies: Customers who buy products through this Shimoda Affiliate Program are customers of Shimoda. All of Shimoda’s standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.

8) Indemnification: You shall indemnify, defend and hold harmless Shimoda, its officers, directors, employees, agents, invitees, licensees, tenants, attorneys, successors and assigns from any and all claims, suits, demands, actions, losses, damages,
costs and expenses of every kind or nature (including, but not limited to Shimoda’s attorneys’ fees and expenses) relating to or arising out of (i) the Shimoda Affiliate Program; (ii) this Agreement (including, but not limited to, any breach by you of this Agreement or of any representation, warranty or agreement contained herein); or (ii) any act or omission by you, or any of your agents or employees. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

9) Compliance with Laws : As a condition to your participation in the Shimoda Affiliate Program, you agree that while you are a Shimoda Affiliate Program member 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 Shimoda Affiliate Program member. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Shimoda Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email.

10) Termination: This Agreement shall commence on the date of our approval of your Affiliate Program application and shall
continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links and/or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Shimoda intellectual property, and will cease representing yourself as a Shimoda affiliate. for such one or more Offers. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only
if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

11) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Shimoda Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Shimoda
Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Shimoda Affiliate Program following our posting of a change notice or new agreement on
the Shimoda Website will constitute binding acceptance of the change.

12) Nature of Our Relationship: You and Shimoda 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 behalf of B&H. You will not
make any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section.

13) Limitation on Liability: IN NO EVENT SHALL SHIMODA’S LIABILITY EXCEED THE COMMISSION FEES PAID TO YOU WITHIN THE PREVIOUS TWELVE (12) MONTHS IN NO EVENT SHALL SHIMODA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO THE SHIMODA AFFILIATE PROGRAM EVEN IF SHIMODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SHIMODA AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE SHIMODA AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SHIMODA ABILITY, NON-INFRINGEMENT, 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 SHIMODA WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF
ANY INTERRUPTIONS OR ERRORS.

14) The Laws Governing this Agreement: This Agreement will be governed by the laws of the United States and the State of New York, 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 theirespective 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.

15) Spyware and Other Parasites: Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Shimoda and/or its partner sites) is subject to punitive actions by Shimoda, without notice, including but not limited to: suspension of
affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance. Shimoda encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by Shimoda, be provided, Shimoda reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.

16) 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 ADMIT OTHERS INTO THE SHIMODA AFFILIATE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT. 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.

This Shimoda Privacy Policy covers how we may collect and use personal data and the rights granted to affiliates and regarding theirrespective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy. If you do not agree to this
Privacy Policy, do not proceed forward.

Personal Information Controller

Any personal information provided to or gathered by Refersion under their Privacy Policy will be stored and controlled by Refersion (the data controller).

When an Affiliate signs up to join Shimoda’s program, we collect some information such as email, personal information, payment details and social network information, etc. This information helps Shimoda evaluate affiliate background and potential, along with processing specific activities within the app and contacting an affiliate if needed.

About Cookies

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.

Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves
and sends this file to the website's server.

Because cookies allow you to take advantage of some of Affiliate marketing system’s essential features, we recommend that you leave them turned on.

Ensuring your privacy is important to us. We do not share your personal information with third parties. We will not disclose your personal information to any third party without your prior consent.

Use of Refersion app by Children

Refersion is not intended for children. If you are under 16, you may not use the affiliate app.

If you have any questions about your personal data or this Privacy Policy, please contact us by email at