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This GearBest.com Operating Agreement for Associate Network, including all exhibits and attachments hereto and incorporated herein by reference (the "Agreement"), contains the complete terms and conditions that apply to a party's participation as an associate in the Associate Network of GearBest.com (the "Program"). As used in this Agreement, "we", "us", or "GearBest.com" means GearBest.com, LLC, and "you" means the applicant party. "Site" means a World Wide Web site and, depending on the context, refers either to the GearBest.com Site or to the portion of the GearBest.com Site that you will link to using Qualifying Links as defined in Section 2 of this Agreement.
1. Enrollment in the Program
You may submit a completed Program application to begin the enrollment process ("Application"). Submission of your Application to the GearBest.com Associate Program implies acceptance to the terms set forth in this Agreement. We will evaluate your Application and notify you of your acceptance or rejection. We may reject your Application if, in our sole discretion, we determine for any reason that your website is unsuitable for the Program.
Affiliates from Cuba, Iran, North Korea, Sudan, Syria, Crimea(Ukraine) are not eligible to enroll in the Program.
GearBest’s non-associate network marketing partners, re-sellers and suppliers are not eligible to enroll in the Program.
Unsuitable websites include, but are not limited to, those that:
- Promote sexually explicit material;
- Promote violence or hate toward any persons or groups;
- Promote illegal activities;
- Promote alcohol, tobacco, gambling/lottery in any way;
- Promote the use of pyramid, "ponzi", or similar investment schemes;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
- Are known as "blogging sites", defined for purposes of this Agreement as sites that contain only blogging and no other form of informational content;
- Include "GearBest", "Gear-Best" or variations or misspellings thereof in their domain names;
- Otherwise violate intellectual property rights of GearBest.com, or its suppliers;
- Disparage GearBest.com, Gearbest associates, or their suppliers;
- Are under construction or not live at the time of Application;
- Provide a portion of their Referral Fees (as defined in Section 5) to websites or organizations that would violate any of the above criteria.
In addition, GearBest.com may, at its discretion, decline to accept, require adherence to an additional set of terms and conditions, or require the posting of specific copy for any website that (1) donates, directs or transfers any portion of their Referral Fees or associate benefits to any charitable website, education-related website, organization or program; or (2) provides rewards back to their members in the form of points or cash-back, or conduct other similar loyalty programs in connection with purchases made by members via their websites.
Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time.
The terms of our acceptance criteria are subject to change at any time without prior notice.
All decisions for acceptance into the Program will be made within our sole discretion.
2. Links on Your Website or Third Party Websites
Upon acceptance into the Program, we will make available to you Qualifying Links that are subject to the terms and conditions of this Agreement. A "Qualifying Link" is a link from a website to our Site using one of the Universal Record Locators ("URLs") or graphic links provided by GearBest.com, GearBest Associate Network or by other means selected by us for use in the Program. All Qualifying Links must link directly and exclusively to GearBest.com. GearBest.com must approve each and every website that links to our Site through a Qualifying Link. If you use a Qualifying Link to link a website to our Site without seeking explicit authorization, your continued use of that Qualifying Link shall be considered a breach of this Agreement. However, continued use of the Qualifying Link will nonetheless subject such websites to the Terms and Conditions of this Agreement.
The Qualifying Links will serve to identify you website as a member of the Program and will establish a link from a website to our Site. All Qualifying Links that you will use in the Program will be provided to you from GearBest’s in-house associate Network or by other means selected by us. You also agree that you will display on the website containing the Qualifying Link only those logos, trade names, trademarks, graphic images and similar identifying material ("Licensed Materials") that are provided by us or by our in-house associate network, and you will substitute such images with any new materials provided by us or our in-house associate network from time to time throughout the term of this Agreement. A web widget that is pre-approved in writing by GearBest.com for use on your website may be considered a Qualifying Link for purposes of this Agreement. Accordingly, web widgets are subject to all of the Terms and Conditions of this Agreement that apply to Qualifying Links.
Only valid Qualifying Links will be tracked for purposes of determining Referral Fees that you may be eligible to receive on sales of Qualifying Products (as defined below) generated through your participation in the Program.
Only Qualifying Links may be used to link a website to areas within our Site. You may not link directly to GearBest.com without use of a Qualifying Link. You may post as many Qualifying Links to our Site as you like on a website, provided that you ensure that each website containing a Qualifying Link posted by you meets the terms of this Agreement, including without limitation, that such website does not fall into the "unsuitable website" category described in Section 1, does not fall into the "prohibitions" set forth in Section 3, and you take responsibility for all websites on which you post a Qualifying Link in accordance with Section 10. The position, prominence and nature of links on a website shall comply with any requirements specified in this Agreement but otherwise will be in your discretion.
As a condition to your acceptance and participation in the Program, you agree to the following prohibitions:
A. General Prohibitions.
Domain Name Cheating:
1.The first time we discover cheating, we will warn you by email and ban the lkid (The commissions earned through this lkid will never be paid);
2. If we find a second cheating (after one working day), we will send you a serious warning again and freeze all your commissions. And we will block your affiliate account and stop any payment and cooperation with you.
1.The advertisements cheating of domain name during the important promotion activities of GearBest.com (celebration in March, promotions in mid-June and September, Double Eleven, Black Friday) is considered to be as serious cheating.
2. In case of serious cheating GearBest.com reserves the right to stop cooperation immediately and to permanently ban yout account and freeze all commissions.
*All identified domain names cheating will not accept complaints.
You may NOT:
- lead any traffic to the following countries/regions: Cuba, Iran, North Korea, Sudan, Syria, Crimea (Ukraine);
- use the GearBest EDM source (eo=XXX) in your affiliate link. Once detected, GearBest will warn you and set your commission rate to 0, and even terminate this relationship if the situation happens again on the next day;
- do affiliate fraud with malicious browser extensions. Affiliates are not allowed to create extensions or software and generate fake conversions on offers. Once detected:
a) for malicious extensions, Gearbest will give 2 working days for you to stop the bad behavior and ban the lkid (The commissions earned through this lkid will never be paid) ; if affiliate fraud still continues after being warned, your account will be deactivated in the Gearbest affiliate system and all the commissions will be canceled;
b) for normal promotional extensions, we'll take the following actions:
- Offer default commission for new customers and 0%-1% for existing customers;
- If the affiliates have other active content websites, we could offer 3% for existing customers;
- For affiliate who promise stops using extensions during their promotion, we will return to a normal commission as usual.
- use malicious programs to visit GearBest.com in high frequency (GearBest will automatically block your visit when the frequency is up to 50req/sec within 5 mins or 60req/sec within 5 secs);
- Download and use video materials from GearBest Official Channels except the three Official Youtube Channels hereunder:
Alfawise Official: https://www.youtube.com/channel/UCPnt_D3KG5qevoXDvrptJJw
GearBest Studio: https://www.youtube.com/channel/UCD05wSHBU1h3RxgcWk5QSRw
Reproducing video materials of all GearBest Official Channels is welcome and please indicate the source. You may add your own website logo in the video but GearBest Logo is not allowed to be replaced or removed；- engineer any website containing a Qualifying Link in such a manner that pulls Internet traffic away from GearBest.com;
- publish, link to, sell, otherwise distribute, or place a Qualifying Link on the same page or in close proximity to any Objectionable Content. For purposes of this Agreement, "Objectionable Content" means any material, including textual, audio or video material, which is offensive (including hate speech or violence against a particular group of people), it contains any nudity, explicit violence or sexual material, it contains depictions of violent or sexual acts, it is defamatory to any group or individual, or promotes alcohol, tobacco, or gambling/lottery;
- attempt to modify or alter our Site in any way;
- make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our Site, e.g., "framing" or "wrapping" the Site in any manner without first obtaining our express written permission. Such requests must be made in writing and sent to GearBest, Kevin: Associate Program Manager, email@example.com, ShenZhen, China;
- "scrape" or "spider" the Site or any other websites for content (such as images, logos or text);
- participate in Yahoo's Search Submit Pro (SSP) Search Marketing Program;
- place ads on, or participate in any way in, AdNetworks or Search Content Networks;
- employ, use or place any web browser add-ons, toolbars or pop-ups on your website;
- link any Qualifying Link to any website other than our Site, including, for example, your own website;
- bid on our Trademarks at any website that provides search engine services and that results in driving traffic to any website, other than our Site, including your website;
- use the Trademarks of GearBest’s Suppliers (https://www.gearbest.com/top-brands/index.html), or any variation or misspelling thereof, in metatags, hidden text or source code, in your domain name or any other part of your URL;
- use the logo of GearBest or GearBest’s Suppliers in your profile pics or as your own logo;
- engage in any direct or indirect relationships with ISPs and/or mobile carriers that results in the delivery or act of address bar keyword and URL error trafficking (e.g., a user mistypes a web address in the ISP's address bar or search bar, and, as a result, is redirected to a web page that contains a Qualifying Link that directs the user to sites like GearBest.com);
- employ the use of any type of software download or technology which attempts to intercept or redirect traffic or Referral Fees to or from any website;
- use any Trademark (as defined in Exhibit A), or any Licensed Materials (as defined in Section 2), provided to you as a result of your participation in the Program to advertise or engage in services which result in a sale occurring on your website, whether or not you then have the item fulfilled through GearBest.com;
- without the prior written approval of GearBest.com, use any Trademark, or any Licensed Material in an advertisement that is not created or provided by GearBest.com in any way that might suggest or imply or mislead or is likely to mislead a visitor to your website into believing that GearBest.com was the creator or sponsor of such advertisement;
- re-distribute Licensed Materials (as defined in Section 2) to websites which can reasonably be viewed as GearBest.com's competitors, including but not limited to, "Lightinthebox", "tinydeal", "dx", "Bangggod","focalprice", "Amazon", "Aliexpress", "Geekbuying", and "dinodirect”;
- re-distribute, display or syndicate Licensed Materials and/or GearBest.com's datafeed, including any product information set forth therein, to any third party partner, network or agency;
- employ, use, or receive any direct or indirect benefit from any "cookie stuffing" methods (e.g., use of "cookie stuffing" to cause GearBest’s in-house tracking systems to conclude that a user has clicked through a Qualifying Link - and to pay commissions accordingly - even if the user has not actually clicked through any such link);
- install spyware on another person's computer; cause spyware to be installed on another person's computer, or use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person's ability to view that website;
- display any material on a website containing a Qualifying Link which contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines;
- without the prior written approval of GearBest.com, use any widgets on your website that: (a) include any Trademarks (as defined in Exhibit A); (b) include any Licensed Materials (as defined in Section 2); or (c) directly or indirectly send traffic to GearBest.com;
- post, publish, link to or place a Qualifying Link on the Gearbest Facebook Page;
- forward, redistribute, or otherwise repurpose any or all Qualifying Links to any third party; - release GearBest's sales circulars, advertisements or other information prior to their authorized release dates;
- purchase products or services sold or promoted on GearBest.com through a Qualifying Link for resale or commercial use of any kind.
- contact different GearBest staff in order to request extra samples of the products, promo codes, advertising fees or other benefits;
- use any illegal SEO methods (Black hat SEO), such as Paid links, Clocking.cloaked page, Keyword stuffing, Doorway pages, Invisible text, Article spinning, Duplicate content, Spam comments.
B. Prohibitions Regarding Use of Electronic Communications
Electronic Communication includes email messages, text messages, and any other form of non-verbal communication occurring without the use of physical mail. You may NOT do any of the following using Electronic Communication unless you first obtain GearBest.com's express written permission. Such requests must be made in writing and sent to GearBest.com, Kevin: Associate Program Manager, firstname.lastname@example.org, ShenZhen, China. These prohibitions are in addition to, and not in place of, all prohibitions and restrictions that you are bound to under the GearBest in-house Associate network Membership Agreement, as amended. You may not:
- generate or use Electronic Communication using or containing Trademarks (as defined in Exhibit A), or any variation or misspelling thereof, or products, or any of the Qualifying Links or URLS provided to you as part of the Program;
- send any other Electronic Communication that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that GearBest.com was the sender or sponsor of such Electronic Communication or procured or induced you to send such Electronic Communication;
- forward, redistribute, or otherwise repurpose any Electronic Communication that GearBest.com sends to its associates and/or customers; and
- generate or send any unsolicited Electronic Communication (spam) under this Agreement
C. Prohibitions regarding use of Trademarks (as defined in Exhibit A)
In addition to the requirements and prohibitions regarding use of the Trademarks set forth in Exhibit A, and incorporated herein by reference, you may NOT:
- use the Trademarks in any manner not expressly authorized by this Agreement;
- use the Trademarks, or any variation or misspelling thereof, in metatags, hidden text or source code, in your domain name or any other part of your URL as further detailed in Exhibit A; ( e.x. Gearbest; gearbest; Gearbest.com; gearbest.com; Gearbest store; gearbest store; Gearbest.net; www.gearbest; geerbest; gerbest; Gerbest; Gear Best; gearbast; garbest; gearpest; )
- bid on keywords as further detailed in Exhibit A;
- bid on our Trademarks at any website that provides search engine services and that results in driving traffic to any website, other than our Site, including your website;
- use GearBest.com or GearBest's vendors or suppliers' logos, trade names, trademarks, graphic images, product images, product references and similar identifying material unless expressly and specifically provided by GearBest.com for use in the Program, unless used within a keyword string (i.e. Hanes T-Shirts).
In addition, you are bound to act in compliance with all applicable federal, state and local laws and regulations. You shall protect, defend, indemnify and hold harmless us and our parent and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us arising out of any content or activity by you or on your website or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation. We will be responsible for all aspects of order processing and fulfillment of orders placed by customers who follow your Qualifying Links to the GearBest.com Site in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. Through the GearBest In-House Associate Network, you have the ability to track sales made to customers who purchase products using your Qualifying Links and you can review reports summarizing this sales activity. To permit accurate tracking, reporting, and fee accrual, you must ensure that your Qualifying Links are properly formatted. The form, content, and frequency of the reports are limited to those reports and capabilities available through the GearBest In-House Associate Network and may vary from time to time in our and/or The GearBest In-House Associate Network's reasonable discretion. GearBest.com is not responsible for any changes that the GearBest In-House Associate Network's format, timing, or types of reports available to members of the GearBest In-House Associate Network and GearBest.com's Associates. GearBest.com will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not. In addition, we are unable to track or provide credit for sales from customers that are referred to us with browsers that do not have their cookies setting enabled.
- We reserve the right in our sole discretion to modify these requirements at any time.
Exhibit A - Trademark Requirements
These requirements apply to your use of GearBest.com and other trademarks and service marks belonging to GearBest.com USA, LLC, other related entities (the "Trademarks") in content that has been approved by us.
- You may use the Trademarks only for purposes expressly authorized by us.
- You may not modify the Trademarks in any manner. For example, you may not change the proportion, color, or font of the Trademarks.
- You may not display the Trademarks in any manner that implies endorsement of your website or business by GearBest.com outside of your involvement in the Program.
- You may not use the Trademarks to disparage GearBest.com, its products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the Trademarks.
- Each Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and any other graphic or textual image. You may place the GearBest.com name or logo adjacent to competitive brands, subject to the requirements of this Agreement, including prohibitions against objectionable material and websites.
- You must use the TM symbol next to the trademarks. You must use the SM symbol next to the service marks.
- You must include the following statement in your materials that include the Trademarks: "GearBest.com SM is a service mark of GearBest.com USA, LLC, You must include similar statements for any other Trademarks used on an ongoing basis in your materials.
- You acknowledge that all rights to the Trademarks are our exclusive property and all goodwill generated through your use of the Trademarks will inure to our benefit.
- YOU MAY NOT USE THE TRADEMARKED NAMES, Gear-Best, GearBest.com, OR ANY VARIATIONS OR MISSPELLINGS THEREOF, IN ANY MANNER INCLUDING KEYWORD BIDDING ON SEARCH ENGINES; YOU MAY NOT USE Gear-Best GearBest.com, OR ANY VARIATION OR MISSPELLINGS THEREOF, IN METATAGS OR TO DIRECT TRAFFIC TO ANY WEBSITE OTHER THAN OUR SITE; YOU MAY NOT USE Gear-Best, GearBest.com, OR ANY VARIATIONS OR MISSPELLINGS THEREOF, IN HIDDEN TEXT OR SOURCE CODE ; YOU MAY NOT USE Gear-Best, GearBest.com, OR ANY VARIATIONS OR MISPELLINGS THEREOF, IN YOUR DOMAIN NAME OR ANY OTHER PART OF YOUR UNIVERSAL RECORD LOCATOR.
- You may not bid on any keyword or on any Pay per Click Search Engines (PPCSEs) where such keyword is one of our Trademarks or any variation or misspelling of one of our Trademarks (see the non-exclusive list of examples set forth below in Section 15). Further, you may not bid on any word or term that is confusingly similar to any of our Trademarks standing alone. You may, however, bid on keyword strings that incorporate our Trademarks (e.g., "GearBest.com Electronics", "Gear-Best Clothes"); provided, however, that such permissible keyword strings must be used in a manner that directs traffic only to our Site. You may not bid on keywords strings that contain the terms "Rollbacks" or "Advertised Values".
- You may not employ any "fat finger" domains or typosquatters redirecting web traffic to your website. A typosquatter for "fat finger" domain is any domain that amounts to misspellings of any registered or unregistered Trademarks.
- You may not bid on any keyword or on any PPCSEs that is one of our competitors' trademarks (or a derivation of a competitor's trademark), or any other word or term that is likely to cause confusion regarding its affiliation with the competitor. Examples of these keywords include, but are not limited to: "Lightinthebox", "tinydeal", "dx", "Bangggod","focalprice", "Amazon", "Aliexpress", "Geekbuying", and "dinodirect".
- You may not bid on restricted manufacturer brand terms, including but not limited to "XiaoMi", or any derivatives thereof that are likely to cause confusion regarding its affiliation with GearBest.com, its associates or you, in any paid search.
- You may not use the Trademarks alongside or in conjunction with the following terms: "percent (%) off", "sale",or "coupons".
- GearBest.com may, in its sole discretion, terminate you or withhold payment of your Referral Fees for the days that we determine that you were bidding in violation of the keyword bidding requirements above.
- The list below sets forth examples of impermissible keywords, "fat-finger" domains, and variations of Trademarks that you may not bid on. The list is for example purposes only and is not a complete list of prohibited words which infringe a Trademark, and therefore violate a term of this Agreement.
GearGearBest.com Gear-Best Gea Best www.GearBest.com GearBest gear-best.com gear best Gearbest.com www.gearrbest.com Gear best.com GearBest.com Gearbest.c www.gear-best.com www.gearbest gearbest stores gear-best store gearbests www.gear best.com gear best stores Gearr-Best Gearbest supercenter site:www.GearBest.com gearbest Gear-Best supercenter super Gearbest Gearbest stores super gear best GearBest.com. Gearbest store Gearb est gearbest,com gearr best.com Gearbest online gea bst.com www.gear-best Gearbest.c_om Gearbest.c site:GearBest.com
We reserve the right in our sole discretion to modify these requirements at any time.
Exhibit B - Networks & Sub-Associates
These requirements apply to your use of the Program as a Network. A "Network" is defined as any associate that operates one or more websites as sub-associates through one (1) Application to the Program.
- You agree to all the terms and conditions of this Agreement, including all attached Exhibits, on behalf of all sub-associates operating under the Network and are responsible for any action or inaction by such sub-associates.
- You must seek prior written approval from GearBest.com before choosing to operate as a Network. Such requests must be made in writing and sent to GearBest.com, Kevin Xiao: Associate Program Manager, Shen Zhen, China
- You must provide to GearBest.com a list of all sub-associates working within your Network within twenty-four (24) hours of any request from GearBest.com.
- Any violation of this Agreement by any sub-associate may result in immediate termination of the entire Network from the Program.
Last Updated: 28.02.2020