Affiliate Operating Agreement

Affiliate Program Operating Agreement

Updated: March, 2025

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Affiliate Program (the “Program”). “We,” “us,” or “our” means KALI BLUE Kft. and the Viola Craft brand in partnership with Goaffpro. “You” or “your” means the applicant. A “site” means a website. “Partner Site” means the e-commerce/retail partner using the goaffpro affiliate tracking software. “Your site” means any site(s), any software application(s) and any Mobile Application (as defined hereinafter) that you link to the partner site. "Advertising Fees" means commissions earned for a successful and verified sale of product on the Partner Site by a customer using your referral link.

BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PARTNER WEBSITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

1. Description of the Program

1.1. The purpose of the Program is to permit you to advertise Products on your site and to earn commissions OR products from our store for Qualifying Purchases made by your end users. A “Product” is any item sold on the Viola Craft website, other than any products that are explicitly defined as excluded products here (collectively, “Excluded Products”). Commission applies to all the products available for purchase in our store.

2. Enrollment

2.1. To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include those that:

promote or contain sexually explicit materials;
promote violence or contain violent materials;
promote or contain libelous or defamatory materials;
promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
promote or undertake illegal activities;
include any trademark of GoAffPro, its Partner Sites or its affiliates, or a variant or misspelling of a trademark of GoAffPro, its Partner Sites or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or
otherwise violate intellectual property rights.

2.2. If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.

2.3. You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Program Requirements

3.1. By participating in the Program, you agree that you will comply with the Affiliate Program Participation Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement:
The affiliate earns 10% commission of the purchases made by their customers.
The customer receives a 10% discount on their purchases as long as they use the code provided by the affiliate.
For online purchases, customers must use the code provided by the affiliate at checkout.

4. General conditions & payment

4.1. The affiliate program is for the exclusive use of the affiliate's clients. Any anomaly or misuse of the program will be grounds for immediate exclusion from the program. Under no circumstance can the affiliate make use of the program for his personal benefit, such as receiving for himself the discount that is granted to his clients.

4.2. The direct discount that the affiliate customer receives cannot be used in conjunction with other promotions or discounts.

4.3. The affiliate commissions will be reflected on their affiliate dashboard. To make these commissions valid and start the payout process, the affiliate must generate a legal invoice to KALI BLUE Kft. (KALI BLUE Kft. is a company registered in Hungary with VAT Number HU32275393 with address Hungary, 8274 Köveskál, Iskola street 15). This invoice must include all necessary components of a valid invoice, including the total amount (VAT included) to be received. The invoice must be sent to the email hello@violacraft.com.

KALI BLUE Kft. will process affiliate payments exclusively via bank transfer. To receive payment, the affiliate must provide their IBAN number. The affiliate is responsible for ensuring that the provided bank details are accurate. KALI BLUE Kft. is not liable for delays or failed transactions caused by incorrect banking information.
KALI BLUE Kft. will pay invoices to affiliates up to 45 days after the client’s purchases have been delivered.
Once the invoice is paid, KALI BLUE Kft. representatives will inform the affiliate that the payment has been made and additionally, it will record the payment in the GOAFFPRO - Affiliate Marketing account so that it is reflected in the affiliate's account statement.
As an alternative to payment via bank transfer, the affiliate may choose to redeem their credit for product a payment, making an order from the products available in the Viola Craft Shop. In this case, the affiliate will receive products worth twice the value of their accumulated affiliate credit. Viola Craft Shop will provide the affiliate with a coupon that covers the full amount they can use to request products, and the cost of shipping will be covered by KALI BLUE Kft.
The coupon provided for the affiliate product payment is strictly personal and must not be shared, leaked to or used by third parties, unauthorized by us. If Viola Craft determines that an affiliate has misused or leaked their coupon, their participation in the affiliate program will be immediately terminated, and all previously earned commission will be forfeited.
The affiliate may start the process to receive commissions up to 12 months after the purchases have been made. After that date, the affiliate will lose this right.

4.4. It is the client's full responsibility to use the affiliate code to make effective both the discount and to generate the commission for the affiliate. There are no exceptions. The commission percentage for affiliates and the discount percentage for customers may be modified by KALI BLUE Kft. without prior notice.

5. Marketing campaign and gift boxes

5.1. Occasionally, Viola Craft may invite affiliates to participate in marketing campaigns at the discretion of a Viola Craft representative. These campaigns are not mandatory and participation is subject to approval. This document does not oblige Viola Craft to include any affiliate in its marketing campaigns, nor does participation in one campaign guarantee inclusion in future campaigns.

Affiliates may request to participate in such campaigns; however, Viola Craft reserves the right to approve or reject any request at its sole discretion. Participation involves the distribution of product samples in a predetermined value set by Viola Craft, provided in the form of a "Gift Box". This Gift Box is sent to the affiliate, with Viola Craft covering all shipping costs.
Affiliates who receive a Gift Box as part of a marketing campaign are expected to create and share social media content featuring the products received. Specific content requirements, including deadlines and format, may be communicated by Viola Craft before or during the campaign.
The coupon provided for the Gift Box is strictly personal and must not be shared, leaked to or used by third parties, unauthorized by us. If Viola Craft determines that an affiliate has misused or leaked their coupon, their participation in the affiliate program will be immediately terminated, and all previously earned commission will be forfeited.

6. Termination

6.1. Either you or we may end this agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. in addition, this agreement will terminate immediately upon any breach of this agreement by you.

7. Modification

7.1. We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the Viola Craft affiliate program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in the Viola Craft affiliate program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.

8. Promotion Restrictions

8.1. You are free to promote your own websites, but naturally any promotion that mentions Viola Craft could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Viola Craft for example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. other generally prohibited forms of advertising include the use of unsolicited commercial email (uce), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. in addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. you may use mailings to customers to promote Viola Craft so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. also, you may post to newsgroups to promote Viola Craft so long as the news group specifically welcomes commercial messages. at all times, you must clearly represent yourself and your websites as independent from Viola Craft if it comes to our attention that you are spamming, we will consider that cause for immediate termination of this agreement and your participation in the Viola Craft affiliate program. any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates are not prohibited from keying in prospect's information into the lead form as long as the prospects' information is real and true and these are valid leads (i.e., sincerely interested in the Viola Craft service).

8.3. Affiliate shall not transmit any so-called "interstitials," "parasiteware™," "parasitic marketing," "shopping assistance application," "toolbar installations and/or add-ons," "shopping wallets," or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited the Viola Craft site (i.e., no page from our site or any Viola Craft content or branding is visible on the end user's screen). As used herein "parasiteware™" and "parasitic marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, google, msn, yahoo, overture, altavista, hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of the Viola Craft site in iframes, hidden links, and automatic pop ups that open the Viola Craft site; (d) targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.

8.4. Affiliates that are found to be cybersquatting or typosquatting on trademark-related domains will be banned from the program with all their commissions reversed.

9. Grant of Licenses

9.1. We grant to you a nonexclusive, nontransferable, revocable right to (i) access our site through html links solely in accordance with the terms of this agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "licensed materials") that we provide to you or authorize for such purpose. you are only entitled to use the licensed materials to the extent that you are a member in good standing of the Viola Craft affiliate program. You agree that all uses of the licensed materials will be on behalf of Viola Craft and the goodwill associated therewith will inure to the sole benefit of Viola Craft

9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. each party reserves all of its respective rights in the proprietary materials covered by this license. other than the license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

10. Disclaimer

10.1. Viola Craft makes no express or implied representations or warranties regarding the Viola Craft service and website or the products or services provided therein, any implied warranties of Viola Craft ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. in addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

11. Representations & Warranties

You represent and warrant that:

11.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party.

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.

12. Limitations of Liability

12.1. We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. further, notwithstanding anything to the contrary contained in this agreement, in no event shall Viola Craft's cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

13. Indemnification

13.1. You hereby agree to indemnify and hold harmless Viola Craft and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14. Confidentiality

14.1. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement, which is marked "confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

15. Miscellaneous

15.1. You agree that you are an independent contractor and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Viola Craft You will have no authority to make or accept any offers or representations on our behalf. you will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this section.

15.2. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This agreement shall be governed by and interpreted in accordance with the laws of the state of New South Wales without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.

15.5. This agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement.

15.7. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.