Last Update: 11/10/2021
These terms and conditions (these “Promoter Terms”) contain terms and conditions applicable to the Ui-Licious Promoter Marketing Programme (the “Promoter Programme”) operated by Uilicious Private Limited (UEN No. 201634317W) (“Ui-licious”, “us”, “we” and “our”) in connection with our online platform accessible at https://uilicious.com/ (the “Platform”). These Promoter Terms are made between UI-licious and you as the person participating in the Promoter Programme (“Promoter”, “you” and “your”).
PLEASE READ THESE PROMOTER TERMS CAREFULLY. THESE PROMOTER TERMS GOVERN YOUR PARTICIPATION IN THE PRMOTER PROGRAMME. YOU ARE ADVISED TO FULLY UNDERSTAND YOUR OBLIGATIONS AND RISKS UNDER THESE PROMOTER TERMS BEFORE PARTICIPATING IN THE PROMOTER PROGRAMME. IF YOU HAVE ANY CONCERNS WITH THESE PROMOTER TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFORE ENTERING INTO AND ACCEPTING THESE PROMOTER TERMS.
If you are entering into these Promoter Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its relevant affiliates (as the relevant Promoter) to these Promoter Terms. If you do not have such authority, or if you do not agree with these Promoter Terms, you must not accept these Promoter Terms and are not permitted to participate in the Promoter Programme.
These Promoter Terms are expressly deemed as supplemental to our Platform Terms of Service accessible at {(link)} and expressly incorporates our Privacy Policy accessible at {(link)}, and all other policies and documents published by us on the Platform.
These Promoter Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Promoter Terms were last updated. You are encouraged to check for any updates to these Promoter Terms prior to your participation in the Promoter Programme. Your continued participation in the Promoter Programme constitutes your acknowledgment and acceptance of these Promoter Terms as changed from time to time.
“Business Day” means a day (except Saturdays, Sundays, and public holidays) on which commercial banks are open for business in Singapore.
“Commission” means the commission payable to a Promoter at the Commission Rate in respect of a Qualified Transaction from a User.
“Commission Rate” means the prevailing commission rate (as published by Ui-licious from time to time at {(link)}) payable on the actual revenue received by Ui-licious for the first year of a paid subscription under a Qualified Transaction.
“Ui-licious Policies” means Ui-licious’ prevailing standards terms of use and other terms and conditions, policies and procedures as may be applicable to Platform and its use from time to time, including these Promoter Terms.
“Qualified Transaction” means the first subscription to the products or services of Ui-licious by a User through a Promoter’s unique referral link or coupon code, PROVIDED THAT none of the following occurs:
(a) the User cancels the subscription or otherwise requests for a refund within the first 30 days of the first subscription payment charged to such User; or
(b) Ui-licious, acting reasonably in its sole discretion, deems that the User has violated the applicable terms of use and suspends the subscription of such User.
“User” means a user who has clicked through to the Platform using a Promoter’s unique referral link or who has used the Promoter’s unique coupon code on the Platform.
“US$” means the lawful currency of the United States of America.
(a) The terms defined in Clause 1.1 and elsewhere in these Promoter Terms will have the meanings therein specified for the purpose of these Promoter Terms. Any reference to a “Clause” in these Promoter Terms is a reference to a clause of these Promoter Terms.
(b) In these Promoter Terms:
i. the expression “written” or “in writing” means the representation or reproduction of words or symbols or other in-formation in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise; and
ii. references to these Promoter Terms or another document is a reference to that document as amended from time to time.
(c) In these Promoter Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorized agents, delegates, successors, or nominees. Expressions in the singular form include the plural and vice versa.
(d) No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Promoter Terms.
(e) Any reference to any law, statute or regulation, or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute, or enactment (or under such a modification or re-enactment).
(f) The headings used in these Promoter Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Promoter Terms.
2.1. In order to enroll in the Promoter Programme, you must submit a Promoter Programme application form on the Platform at {(link)} (the “Application Form”).
2.2. By submitting the Application Form, you represent and warrant to Ui-licious that:
(a) you have read and understood the contents of these Promoter Terms in full, as well as the Ui-licious Policies which have been published and/or in any way made available to you, and agrees to be bound by all the terms in these Promoter Terms and the Ui-licious Policies;
(b) the Application Form has been accurately completed, and you have not used any aliases or other means to mask its true identity or contact information; and
(c) upon being accepted as a Promoter, you will notify Ui-licious of any change(s) to its contact information provided to Ui-licious within three (3) Business Days of such change(s) coming into effect.
2.3. Ui-licious shall have the sole discretion to accept or reject your application to become a Promoter.
2.4. Ui-licious shall endeavour (but is under no obligation) to notify you as to the outcome of your application by way of e-mail or via the Platform within seven (7) Business Days from the receipt of your duly completed Application Form.
2.5. Upon our acceptance of your application, you will be given a Promoter account on the Platform for the facilitation and administration of your participation as a Promoter.
3.1. Ui-licious may, under the Promoter Programme and subject these Promoter Terms, make available to the Promoter:
(a) graphic and textual links, including unique referral links and coupon codes;
(b) access to the Platform; and/or
(c) other creative materials,
(collectively, the “Promoter Materials”).
3.2. Ui-licious’ obligation to provide access to and use of the Platform to Users shall be in accordance with and subject always to the Ui-licious Policies.
3.3. Within 14 days after the end of each calendar month, Ui-licious will provide the Promoter with a report for that calendar month setting out each of the following:
(a) the total number of Users who have accessed the Platform after clicking directly through to it from the Promoter’s unique referral link or who have used the Promoter’s unique coupon code on the Platform; and
(b) the total number of Qualified Transactions from such Users, together with a statement setting out the Commission due to Promoter in respect of these Promoter Terms calculated in accordance with Clause 5 below.
3.4. In determining Qualified Transactions, Ui-licious sets a tracking cookie after a User visits the Platform using a Promoter’s unique referral link or uses a Promoter’s unique coupon code on the Platform, which may expire after a stipulated time (currently set as 30 days). In this connection, the Promoter acknowledges and agrees that:
(a) if a User makes a Qualified Transaction (i) after the tracking cookie expires, (ii) from a private browsing session, or (iii) from a different machine, the purchase will not be deemed as a Qualified Transaction;
(b) where a User makes a Qualified Transaction, the Qualified Transaction will be attributed to the first unique referral link or unique coupon code (as the case may be) used by the User, and will be correspondingly attributed to the relevant Promoter (regardless of any subsequent unique referral links or unique coupon codes used by the same User);
(c) notwithstanding any click tracking systems implemented by any Promoter, Ui-licious reserves the right to use its own tracking data to determine if any purchase qualifies as a Qualified Transaction, and the decision of Ui-licious is final and binding as between the parties.