The main methods through which you can act as an affiliate of our products are as follows:
Your Own Online Store – If you have your own website and online store and are interested in allowing customers to purchase and pay you directly using your online store, this may only be done with our specific approval. Please write to us if you would like to do this.
Please also note the various restrictions and limitations that apply to Affiliates, such as methods of promotion, territorial restrictions, etc.
For countries or territories where we have distributors, all sales must be directed specifically to their country-specific BrillKids Online Store. The following is a list of countries and territories where Official BrillKids Online Stores are available:
You are encouraged to promote BrillKids products by telling your friends or those in your community groups about our products.
There are many ways to reach people, such as personal communication, email, forum groups, social media, and your own website/blog. Please note that restrictions apply in what you can and cannot say in such promotions, and in the case of taking out paid advertising.
NOTE: Many of these provisions are necessary in order to safeguard the interests of our distributors, agents and partners around the world, who put in a significant amount of time, energy and financial resources into marketing and distributing BrillKids products. We therefore hope that you can understand the reasons for these provisions and support us in our efforts to strike a fine balance in looking after the interests of every party concerned. Thank you for your understanding!
Affiliate Discounts DO NOT apply to Download-Only products (e.g., iAccess, Little Reader Basic - Download Only, etc.).
You may not list or sell BrillKids products on your own online store without our prior written approval. If you wish to do this, write to us and we will consider the suitability of your doing so.
You may advertise on paid services such as Google Adwords
You may NOT make price guarantees your customers such as “the cheapest price on the web” nor may you advertise discounts in relation to the prices on the BrillKids Store or the stores of any authorized BrillKids distributor, such as “10% cheaper than BrillKids Online Store” or “10% cheaper than official price”.
You MAY, however, do the following:
You may take out paid advertising such as on Google Adwords, but
If you host your own website, you are not allowed to use any of our trade marks (such as “BrillKids”, “Little Reader”) in any part of your domain name without our prior written approval.
Please do not do anything that would mislead another into thinking that you are associated with BrillKids in any other way than an affiliate, such as advertising your website or yourself to be “Officially BrillKids”.
This Service applies ONLY for registrations made through Official BrillKids websites and purchases made through Official BrillKids Online Stores.
This Service is not valid for purchases made in the following countries and regions:
This Service is not valid for purchases made through the following partners and distributors:
This Service is only valid for purchases made through the following Official BrillKids Online Stores:
This Affiliate Service Agreement (the "Agreement") is made by and between BrillKids, Inc., a Hong Kong private corporation ("BrillKids"), and you, as an Affiliate utilizing the BrillKids Affiliate Program ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for BrillKids, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the BrillKids Affiliate Program as an Affiliate.
If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to BrillKids, Inc. based on fees - the account will simply be closed.
Failure to abide by these rules could mean termination from the BrillKids Affiliate Program or from BrillKids completely with a complete forfeit of commissions.
Affiliate Discounts DO NOT apply to Download Only products (e.g. iAccess, Little Reader Basic - Download Only, etc.)
You may NOT quote a listed price (in monetary form, e.g. US$10.00) for our products lower than what is listed at our Online Stores. You may advertise discounts in percentage format (e.g. get 10% off). You may NOT guarantee your customers “the cheapest price on the web.”
Keywords that publishers are prohibited from using in top-level domain of their Website:
Do not advertise your website to be “Officially BrillKids” – you must be honest enough to advertise that you are a “BrillKids Affiliate” and that your website is an “Affiliate Website.”
Each affiliate must promote and ensure that their clients follow the Terms and Conditions for each BrillKids license key: the End User License Agreement (EULA).
As such, the EULA states that each license key is made for use by ONE BrillKids user, not to be shared or resold. For more information, please see here.
In the event that an affiliate is caught promoting the use of BrillKids licenses not according to the EULA, the affiliate's account shall be frozen and all payouts suspended. License keys which have been sold by these affiliates shall all be placed under investigation, and upon finding that these licenses are shared, they shall all be suspended until further clarification by the end users.
BrillKids reserves the right to revoke the above distribution rights at any time for any or no reason, especially for suspected violation of the EULA.
This Service applies ONLY for registrations made through Official BrillKids websites and purchases made through Official BrillKids Online Stores.
This Service is not valid for purchases made in the following countries and regions:
This Service is not valid for purchases made through the following partners and distributors:
This Service is only valid for purchases made through the following Official BrillKids Online Stores:
BrillKids respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If you have any questions please contact us.
"Performance Marketing" occurs when individual web sites that generate their own traffic ("Affiliates") partner with BrillKids and BrillKids pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use BrillKids for gain tracking, reporting, and receipt of commission payment.
"Merchant" means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. BrillKids pertained to in this agreement is BrillKids Inc. BrillKids directly facilitates registration as well as tracking, reporting, and issuance of commission payment.
"Visitor" means any person, or user that clicks on a Link to a BrillKids Web page placed on an Affiliate's Web site."Sales commission" means the Payout BrillKids sets and agrees to pay for Visitors referred to BrillKids' Web site that result in a sale of a product or service. The sale could occur at the time of the visit or at a later time for as long as the cookie remains in the Visitor's system.
"Lead commission" means the Loyalty Point Payout BrillKids sets and agrees to pay for Visitors referred to BrillKids' Web site that result in the Visitor performing an action defined by BrillKids. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time for as long as the cookie remains in the Visitor's system.
"Payout" means the amount of sale commission or lead commission BrillKids agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
"Commission" means the amount sale commission or lead commission BrillKids agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to a BrillKids webpage. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to BrillKids.
"VOID" means a reversal of a Payout previously earned for a sale or lead that is later rescinded or corrected by BrillKids. BrillKids may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
"Your Account" means a specific account within the Service, where Commissions are credited.
"Service" which allows Affiliates to participate in Performance Marketing programs. All Affiliate relationships established between You (the "Affiliate"), and BrillKids ("BrillKids"), will be conducted and managed through the Service.
As an Affiliate of the Service, you may place and remove BrillKids Links on Your site and in acceptable locations.
"Refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
If you run or utilize an incentive website, or run an e-commerce website advertising sale of BrillKids products, you MAY NOT advertise sale prices of our products lower than the standard retail prices which you see listed at our International Online Store (https://user.brillkids.com/onlinestore).
Failure to abide by these rules could mean termination from the BrillKids Affiliate Program, or from BrillKids completely with a complete forfeit of commissions.
You will receive a Commission for sending BrillKids authorized sales, leads, and/or clicks via Your Links. In order to place Links, You must first agree to the Service terms and conditions to become an Affiliate of that BrillKids Affiliate Program. You understand that the Payout amount may be changed at any time. This information is also available to You at the BrillKids Member's Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from BrillKids. Payments are made by request. Requests may be made when Your account balance reaches $50 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by BrillKids, BrillKids may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to BrillKids.
BrillKids will provide support for the Service as indicated on the BrillKids Web site.
BrillKids reserves the right to send email to You for the purposes of informing you of applicable changes or additions to the Service or any BrillKids related products and services.
BrillKids reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, BrillKids will notify You via email, newsletter or at the BrillKids Web site at least 3 days prior to any such changes taking effect, at which time You may either agree to such changes (by default if you take no action) or withdraw from the Service by explicitly writing to BrillKids.
To sign up as an Affiliate of BrillKids and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN BrillKids: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide BrillKids with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that BrillKids may rely on any data, notice, instruction or request furnished to BrillKids by You which is reasonably believed by BrillKids to be genuine and to have been sent or presented by a person reasonably believed by BrillKids to be authorized to act on Your behalf. You shall notify BrillKids by email at support@brillkids.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by BrillKids and referral to the appropriate law enforcement agencies.
You represent to BrillKids that all content You provide to the Service is solely owned by You or provided by You with the express authority of BrillKids which You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As BrillKids may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to BrillKids site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to BrillKids.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chat rooms or guestbook. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to BrillKids for that Link.
BrillKids RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF BrillKids. If You are terminated from the Service, BrillKids has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to rejoin BrillKids.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRILLKIDS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, BRILLKIDS SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BrillKids will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold BrillKids liable for any of the consequences of such interruptions. BRILLKIDS SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BRILLKIDS SHALL HAVE NO LIABILITY WITH RESPECT TO BRILLKIDS OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BRILLKIDS HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BRILLKIDS HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY BRILLKIDS AS A DIRECT RESULT OF THIS AGREEMENT.
BRILLKIDS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BRILLKIDS AFFILIATE PROGRAM OR ANY INFORMATION PROVIDED ON THE BRILLKIDS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BRILLKIDS OR A BRILLKIDS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BRILLKIDS' LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that BrillKids, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and BrillKids, jointly and severally agree to indemnify, defend, and hold harmless BrillKids and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
BrillKids agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to BrillKids' negligence or willful misconduct in performance of the Services or its breach of this Agreement.
BrillKids acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") from You. BrillKids agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of BrillKids, that becomes available to BrillKids from third parties without knowledge by BrillKids of any breach of fiduciary duty, or that BrillKids had in its possession prior to the date of this Agreement. BrillKids does not collect information, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. BrillKids reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as BrillKids deems appropriate.
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use BrillKids provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of BrillKids, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain BrillKids' sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
BrillKids may immediately terminate Your license to use the marks if BrillKids reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by BrillKids above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge BrillKids' ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of BrillKids.
BrillKids makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-BrillKids Web site does not mean that BrillKids endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or BrillKids may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Hong Kong law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in courts in Hong Kong and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Date Effective: May 25, 2018
