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Terms of Service:

International Bonsai Mirai, LLC.

Affiliate Program Terms and Conditions

Last Updated: August 9^th, 2024

• Acceptance of the Terms of Use.

These Affiliate Program Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, "Program Terms"), are entered into by and between you (“you” or “Affiliate”) and International Bonsai Mirai, Inc. (“Mirai,” “Company,” “we,” or “us”), and govern your participation in Mirai’s Affiliate Program (“Program”).

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN AN ARBITRATION REQUIREMENT AND A CLASS-ACTION WAIVER BELOW.

By participating in the Program, you accept and agree to be bound and abide by these Program Terms. If you do not want to agree to these Program Terms, you may not participate in the Program.  
 

• Changes to Program Terms and Program.

We may revise and update these Program Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued participation in the Program following the posting of revised Program Terms means that you accept and agree to the changes. You should check this page from time to time, so you are aware of any changes.

Although we will make reasonable efforts to make the Program and related materials available on a regular basis, we reserve the right to withdraw or amend the Program or any related materials in our sole discretion without notice. We will not be liable if all or any part of the Program is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Program.

• Other Terms and Conditions.

Additional terms and conditions may apply to specific portions or features of the Program. If you are approved to participate in a Program contest, you are bound by the contest terms here [INSERT LINK], which are hereby incorporated by reference into these Program Terms.

Affiliates will have access to a third-party tool that Mirai uses to operate the Program (the “Affiliate Tool”). In addition to the Program Terms, you are required to abide by any third-party terms and conditions governing your use of the Affiliate Tool.

• Becoming an Affiliate

You may participate in the Program by being invited to participate by Mirai or by applying to be an Affiliate and having your application accepted by Mirai. Mirai will review all applications to the Program and may reach out to you for additional information as part of the review process. If Mirai does not notify you within thirty (30) days from your application, your application is considered rejected. Once you become an Affiliate, you will be provided with a unique link (your “Affiliate Link”) through the Affiliate Tool for you to make available to potential customers of Mirai’s goods and services.

• Non-Exclusivity.

The Program Terms do not create an exclusive agreement between you and Mirai. You have the rights to recommend similar products and services of third parties and Mirai has the right to work with other parties to promote its goods and services.

• Customer Transactions.

   

  • Affiliate Program Commission. We will pay you commission as described in the Affiliate Tool (“Commission”) for each new customer who completes an applicable customer transaction after clicking on your Affiliate Link, provided that you remain eligible to receive Commission under these Program Terms. For any renewing subscriptions purchased by a customer, you will receive a Commission payment for the initial purchase only, not including any renewals.
  • Eligibility. You are not eligible to receive Commission or any other compensation from us if: (i) such compensation is disallowed or limited by federal, state, or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable customer objects to or prohibits such compensation or excludes such compensation from its payments to us; (iii) the customer has paid or will pay such commissions, referral fees, or other compensation directly to you; (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of the Program Terms or any other terms and conditions that we make available to you, misuse of the Affiliate Tool, or by any other means that we deem to breach the spirit of the Program. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time.
  • Acceptance and Validity. You will only be eligible for a Commission payment for any customer transactions that are generated through the Affiliate Link that we make available to you and that are accepted by Mirai. A customer transaction is not eligible for Commission if it occurs after this Agreement has expired or terminated.
  • Engagement with Prospects.  Mirai may elect to engage with prospective customers directly, both during and after the term of these Program Terms, regardless of whether or not they complete a customer transaction through the Affiliate Link.
  • Requirements for Payment. In order to receive payment under this Agreement, you must have: (i) agreed to the Program Terms; (ii) completed all steps necessary to create your account in the Affiliate Tool; and (iii) have a valid and up-to-date payment method in the Affiliate Tool with such account. We have no obligation to pay you Commission if any of the requirements in (i) – (iii) above are not fulfilled.
  • Commission Payment. We or the Affiliate Tool will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given customer transaction (unless we choose to in our discretion). We reserve the right to alter or change the Commission amount as per the Affiliate Tool.

  • Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.

     

• Promotional Materials.

   

Mirai may make available to you certain graphic and textual material, including materials that incorporate trademarks owned by Mirai (“Promotional Materials”), for display and use in connection with your participation in the Program. Mirai hereby grants you a non-exclusive, non-transferable license to display the Promotional Materials on your website and social media accounts and in communications with potential customers, subject to the following restrictions:

• You may only use the Promotional Materials to promote Mirai’s goods and services and in the course of making your Affiliate Link available to prospective Mirai customers.
• You may not alter or modify the Promotional Materials (other than minor alterations for formatting) without prior written approval from Mirai. In addition, you may not delete or alter any copyright, trademark, or other proprietary rights notices on copies of the Promotional Materials.
• You must not: (i) use the Promotional Materials in a misleading or disparaging way or in connection with an obscene, indecent, or unlawful topic or material; (ii) use the Promotional Materials in a way that implies we endorse, sponsor, or approve of your services or products; or (iii) use the Promotional Materials in violation of applicable law.

• You must immediately comply if we request that you discontinue or change your use of the Promotional Materials. You must return to Mirai (or at Mirai’s request, destroy) all Promotional Materials promptly upon request.

   

• Rules for Affiliate Promotions.

   

Your participation in the Program is subject to the following rules. Violation of any of these rules may result in immediate termination of your participation in the Program.

• You must comply, and ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable laws, regulations, and guidelines that apply to your participation in the Program (including, without limitation, U.S. federal marketing laws, Federal Trade Commission regulations and guidelines, the U.S. federal CAN-SPAM Act, the National Advertising Division decisions of the Better Business Bureau, export control laws and regulations, and other federal and state laws, regulations, and guidelines).
• You will accurately provide in the Affiliate Tool all websites and domains where you intend to use Affiliate Link. You are not permitted to promote your Affiliate Link on retail sites, auction sites, app stores, or similar sites.
• You will not: (i) purchase ads that could be considered as competing with Mirai’s own advertising, including, but not limited to, our branded keywords; (ii) run ads related to the Program on Google Adwords; or (iii) purchase or register domains or other identifiers that include variations on Mirai’s trademarks or names intended to approximate misspellings or typographical mistakes of the same.
• You will not create or offer customer incentives for using the Affiliate Link or purchasing Mirai products or services.
• You will not source prospective customers through compilations of personal data such as phonebooks, nor will you use fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames).
• You will not use images or videos that you do not own or have not appropriately licensed, nor will you use imagery that would imply endorsement from any company or individual without written consent from both the company or individual making the endorsement and Mirai.
• You will not create web pages, social media pages, or accounts that make false or misleading representations, including falsely representing yourself as Mirai. You are prohibited from making representations or warranties about Mirai’s products and services.
• You may not publish or distribute press releases about Mirai or its products or services.
• Cookie stuffing, pop-ups, and false or misleading links are strictly prohibited. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click originates).
• You may not bypass Mirai pages to generate orders. In other words, direct linking to the cart or order forms from any ads or landing pages is prohibited. The prospective customer must see our offer as presented by us prior to landing on the cart.

• You will not use your own Affiliate Link to purchase Mirai products or services for yourself.

   

• Proprietary Rights.

The Program, and Mirai’s websites, products, and services, and all related content and features are owned by Mirai or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any such material, except as expressly permitted in these Program Terms or as Mirai may otherwise agree in writing. You may not use Mirai’s trademarks except to promote the Affiliate Link as expressly permitted in these Program Terms. No right, title, or interest in or to the Program or any content related to the Program is transferred to you, and all rights not expressly granted are reserved by Mirai.

• Confidentiality.

   

As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) Mirai customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care; (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Program Terms; (iii) not disclose Confidential Information of the Disclosing Party to any third party; and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors, and agents who are bound by confidentiality obligations as least as restrictive as those set forth in these Program Terms. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena, or legal process; provided that the Receiving Party will provide notice to the Disclosing Party prior to such disclosure to the extent permitted by applicable law.

• Opt Out and Unsubscribing.

   

You will comply promptly with all opt-out, unsubscribe, "do not call," and "do not send" requests.  For the duration of your participation in the Program, you will establish and maintain systems and procedures appropriate to effectuate all opt-out, unsubscribe, "do not call," and "do not send" requests.

• Term and Termination.

   

  • Term. These Program Terms will apply for as long as you participate in the Program, until terminated.
  • Termination Without Cause.  Both you and we may terminate these Program Terms upon written notice to the other party.
  • Termination for Cause.  We may terminate this Agreement: (i) upon ten (10) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period; (ii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors; or (iii) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect Mirai, our prospects, or our customers. Notwithstanding the above, Mirai has the right to suspend or terminate your participation in the Program at any time in our sole discretion for any reason, including if we have determined that you have violated these Program Terms.
  • Effects of Expiration/Termination.  Expiration or termination of these Program Terms, other than termination for cause by Mirai, will not affect our obligation to pay you Commission earned prior to such expiration or termination, so long as the related customer transaction payment is recognized by us within thirty (30) days after the date of such termination or expiration. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will immediately: (i) discontinue all use of and delete the Affiliate Tool and (ii) discontinue all use of and remove Mirai’s trademarks, Promotional Materials, and references to this Program from your website(s), social media accounts, and other collateral.

  • Enforcement. Mirai reserves the right to: (i) disclose your identity or other information about you to investigate third-party complaints, such as complaints related to privacy rights; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Program; and (iii) terminate or suspend your access to and participation in the Program for any or no reason, including without limitation any violation of these Program Terms.

     

• Affiliate Representations and Warranties.

   

You hereby warrant that: (i) you are lawfully entitled to participate in the Program under the applicable laws of the country in which you are located or resident; (ii) you are of legal age to form a binding agreement with Mirai; and (iii) if you are entering these Program Terms on behalf of an entity, you are authorized to act on behalf of that entity. You further represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You represent and warrant that, at all times, you will comply with all applicable laws and regulations in the course of your participation in the Program.

• Indemnification; Release.

   

You will indemnify, defend, and hold Mirai harmless, at your expense, against any third-party suit, action, or proceeding (each, an "Action") brought against Mirai or our officers, directors, employees, agents, service providers, licensors, or affiliates to the extent that such Action is based upon or arises out of: (i) your participation in the Program; (ii) our use of data or materials you provide to us, including prospective customer data; (iii) your noncompliance with or breach of these Program Terms; or (iv) your use of the Affiliate Tool. We will: (i) notify you in writing within thirty (30) days of our becoming aware of any such claim; (ii) give you sole control of the defense or settlement of such a claim; and (iii) provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that: (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

You hereby release Mirai and its successors from claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your participation in the Program. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

• Disclaimers; Limitations of Liability.

   

  • Disclaimer of Warranties. MIRAI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE PROGRAM, ANY PRODUCTS, SERVICES, OR MATERIALS AVAILABLE THROUGH THE PROGRAM (INCLUDING PROMOTIONAL MATERIALS), OR THE AFFILIATE TOOL FOR ANY PURPOSE. THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE PROGRAM, ALL PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE PROGRAM, AND THE AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIRAI DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE PROGRAM, ALL PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE PROGRAM, AND THE AFFILIATE TOOL, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, uninterrupted service, and any warranties arising out of course of performance, dealing, or trade usage.
  • No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
  • Limitation of Liability. NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, IF MIRAI IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT MIRAI’S AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
  • Affiliate Tool. THE AFFILIATE TOOL IS OWNED AND OPERATED BY A THIRD PARTY. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE TOOL.  WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.

  • Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, MIRAI SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

     

• Miscellaneous.

   

  • Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt. To Mirai.: info@bonsaimirai.com or P.O. Box 1121 St. Helens, Oregon 97051 Attention: Affiliate Team. To you: your address as provided in the Affiliate Tool. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you.
  • Disputes: Mandatory Binding Arbitration; Class Action Waiver. You and Mirai will attempt in good faith to resolve any dispute concerning the Program or these Program Terms (a “Dispute”) through preliminary negotiations. If a Dispute is not resolved through good faith negotiation, it will be resolved exclusively by binding arbitration held in Multnomah County, Oregon, and presided over by one (1) arbitrator. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, the other party is entitled to the costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction or any other prejudgment or provisional action or remedy. Any such action or remedy will act as a waiver of the moving party’s right to compel arbitration of any dispute. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND MIRAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.

• Governing Law; Venue; Jurisdiction. These Program Terms and the relationship between you and Mirai will be governed by U.S. law, particularly the laws of the State of Oregon, without regard to its conflict of law provisions. You and Mirai agree to submit to the personal jurisdiction of the federal and state courts located in Multnomah County, Oregon with respect to any Dispute not covered by our binding arbitration clause. You and Mirai agree the exclusive venue for any and all legal proceedings that may arise in connection with such Dispute will be the federal and state courts located in Multnomah County, Oregon, and to irrevocably submit to the jurisdiction of any such court in any such action, suit, or proceeding.   

• Compliance with Local Laws. Mirai makes no representation that the Program is appropriate or available for use in all locations. Mirai operates the Program from the United States and makes no representation that the Program complies with any foreign or international laws.

• Force Majeure. Mirai is not responsible for failure to perform any of its obligations under these Program Terms during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Mirai’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, pandemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories or alerts, any order of any local, provincial, or federal government authority, interruption of power, terrorism or any other causes beyond the control of Mirai.
• Limitation of Claims. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding the Program or these Program Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. By participating in the Program, you accept this shortening of the statutes of limitations.
• Relationship of the Parties. Both you and Mirai agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Program Terms.
• Assignment. You may not assign your rights or obligations hereunder without the prior written consent of Mirai.
• Severability and Survivability. If any provision, or portion of a provision, in these Program Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. You and Mirai agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. Notwithstanding any other provisions of these Program Terms, or any general legal principles to the contrary, any provision of these Program Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Program Terms.
• Waiver. No delay or failure by either party to exercise or enforce any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver.  Mirai does not guarantee it will take action against all breaches of these Program Terms.  No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
• Entire Agreement. These Program Terms, including all terms incorporated herein by reference, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions or agreements between the parties with respect to such subject matter.