Affiliate Terms of Service 

The following terms and conditions (the “Agreement”) set out the legally binding terms of your participation in the MUWIMOTION Affiliate Program (the “Program”). The Program is owned and operated by MOTOPODS Inc. (“MUWIMOTION”). 

The Program is offered subject to your (the “User” or “you”) acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published occasionally on the muwimotion.com website (the “Site”) by MUWIMOTION . If you do not agree with this Agreement, do not use the Program.

By submitting an application form to participate in the MUWIMOTION Affiliate Program, you are indicating your agreement to be bound by this Terms of Service as well as Muwimotion’s Terms And Conditions and Privacy Policy.

1. Affiliate Agreement

The User certifies to MUWIMOTION that the User is an individual (i.e., not a company) and the User is at least 18 years of age. The User certifies that it is legally permitted to use the Program, and takes full responsibility for the selection and use of the Program. This Agreement is void where prohibited by law, and the right to access the Program is revoked in such jurisdictions.

2. Registration & Account

To participate in the MUWIMOTION Affiliate Program, the user must submit an application through Affiliate Signup, available at https://muwimotion.com/become-an-affiliate/. In some cases,  MUWIMOTION can provide account information created for the user with a temporary password. In this case, the user must change its account password and keep the password secure. MUWIMOTION reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason.

The User may never use another’s MUWIMOTION Affiliate Program account without permission from that user. The User is solely responsible for the activity that occurs on the User’s account. The User must notify MUWIMOTION immediately of any breach of security or unauthorized use of its account. Although MUWIMOTION will not be liable for the User’s losses caused by any unauthorized use of its account, the User may be liable for the losses of MUWIMOTION or others due to such unauthorized use.

3. Modifications

MUWIMOTION reserves the right, at its discretion, to change, modify, suspend or discontinue this Agreement, Program, fees, charges, and terms at any time, including the availability of any feature, or content. MUWIMOTION may also impose limits on certain features or restrict the User’s access to parts or all of the Program without notice or liability. 

4. Affiliate URL & Commissions

You will be issued a unique URL once you become an approved User of the Program. The URL will be unique to you only, and will allow you to be paid for affiliate referrals. You can place that URL on your website, emails, blogs, social network advertising, or similar campaigns which you are authorized to use. You expressly agree that MUWIMOTION’s name, trademark, logo or any other identifying material placed by you will appear only in the form and according to technical specification supplied by MUWIMOTION. MUWIMOTION, at its sole discretion, may change your URL.

When an affiliate URL is opened, the cookie file is saved in the browser’s cache for 60 days. Customers need to place an order during this time to be linked with your affiliate account.

For each referred customer who visits the Site through your unique URL and places an order, you will only receive commission if MUWIMOTION products are sold through https://muwimotion.com – approved ecommerce platform. Additionally, taxes and shipping are excluded from the calculations, but discounts are included.

The affiliate period of each customer lasts 9 months after your referred customer’s first order. Referring a prospective customer who previously was or currently is a MUWIMOTION customer does not qualify for commission. You can track affiliate commissions by logging into your Affiliate Dashboard on the Site. Affiliate commission is credited once the customer’s order is fully shipped.

To avoid confusion, all tax-related reporting to relevant tax authorities is entirely your responsibility. 

5. Payment

You will receive commission after the order has been fully shipped, meaning that if part of the order has been shipped, commission will not be credited until the final part of the order gets shipped. Commission is calculated after any refunds if any refund is given to orders. In the event that the customer’s order is cancelled, returned or refunded for any reason, we will deduct the relevant amount from your accrued earnings. If a refund is made after we have paid commission to you, we will deduct the respective amount from your account (any future payments).

The minimum withdrawal amount is $25 USD. If for any reason this Agreement is terminated prior to your first commission being due and the account balance does not exceed $25 USD, then no referral commission will be due. If commission is not withdrawn from the balance within 1 (one) year, then this past due commission is voided and removed from the commission balance. All payments will be made via PayPal. You must have a PayPal account for this purpose. Payments are made via PayPal in USD within 1-3 business days after your request is received.

6. Restrictions

The User may use the affiliate URL for the sole purpose of promoting MUWIMOTION and referring prospective customers to the Site. Except to the extent permitted by applicable law, the User shall not (i) send unauthorized (unsolicited commercial) emails or use any illegal method of advertising to promote the MUWIMOTION products that include the URL, and the User shall be solely liable for any such unauthorized communications (all marketing practices must comply with all applicable laws and regulations); (ii) display the URL in any way that in MUWIMOTION’s discretion disparages or creates a derogatory or negative image of MUWIMOTION; (iii) make any false or misleading representations relating to MUWIMOTION, or engage in any other practices that could harm the reputation of MUWIMOTION; or (iv) display the URL or any content in a manner that contains or promotes (a) illegal activities or (b) content that is misleading, deceptive, or violates any third party intellectual property, privacy or other rights of any kind.

7. Advertising

You shall bear your own costs and expenses related to marketing and promoting MUWIMOTION and/or the Affiliate Program. MUWIMOTION is not obligated to reimburse or credit you for any marketing expenses. If MUWIMOTION does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.

You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:

  • Affiliates shall not make any false, misleading, or disparaging statements with respect to the Affiliate Program, MUWIMOTION, its employees, its customers, its Services, or its Affiliates.

  • Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of MUWIMOTION’s Products. Affiliates shall not copy MUWIMOTION’s website or any portions thereof, including, without limitation, any of MUWIMOTION’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without MUWIMOTION’s prior express written consent.

  • Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.

  • Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from MUWIMOTION.

  • Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.

  • Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to MUWIMOTION’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.

  • Affiliates shall not bid on or use MUWIMOTION’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from MUWIMOTION.

  • Affiliates shall not use MUWIMOTION’s trademarks or misspelled keywords in their domain names.

  • Affiliates shall not use redirected pages and links to send a potential customer to MUWIMOTION’s website.

  • Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to MUWIMOTION’s website using an affiliate link).

  • Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.

  • Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of MUWIMOTION, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.

  • Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.

  • Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting MUWIMOTIONs.

  • Affiliates shall make clear that they, not MUWIMOTION, are the sender of all marketing communications related to the promotion of MUWIMOTION.

  • Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.

  • Affiliates shall not market using broadcast, telemarketing, text message marketing, or other offline marketing methods regarding MUWIMOTION without the express written consent of MUWIMOTION.

  • Affiliates shall not use malware or spyware to market or promote MUWIMOTION.

8. Customer Information

Each customer who visits the Site through your URL must fill out their customer information. All customer information is the sole and exclusive property of MUWIMOTION and the respective customer. You do not have any right to either (i) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. 

9. Term & Termination

Either party may terminate this Agreement at any time with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove all links to the Site, and all MUWIMOTION trademarks and logos, other marks and all other materials provided in connection with the Program.

10. Indemnification

You will indemnify and hold MUWIMOTION (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

11. Limitation of Liability

MUWIMOTION will not be liable for indirect, special or consequential damages (or loss of been advised of the possibility of such damages. Further, MUWIMOTION ‘s aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or revenue, profits, or data) arising in connection with this Agreement, even if MUWIMOTION has payable to you under this Agreement.

12. Law & Jurisdiction

If a dispute arises between you and MUWIMOTION , we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  This Agreement will be governed by and construed and interpreted in accordance with the internal laws of the State of California. Any dispute or claim arising out of or in connection with this Agreement or its formation must be resolved by a court located in the State of California.

13. General

We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by MUWIMOTION . In addition, we make no representation that the operation of the Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

Upon notice from MUWIMOTION you must immediately remove all references to MUWIMOTION, including its name, logo, trademark, service mark or any other identifying material immediately.

You understand that the Site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold MUWIMOTION harmless from any of your violations of laws and regulation, including but not limited to, intellectual property rights, customers’ privacy rights, etc.

You certify that you: (i) are not controlled, supervised, instructed by MUWIMOTION and are free from work rules and discipline; (ii) are free to set your own work schedule; (iii) pay your own business expenses, can hire assistants and provide your own office and all associated services, including computer, printing, telephone; (iv) will be reimbursed only for work done in accordance with this Agreement; (v) are allowed to have other clients.