Pimax Affiliate Program Agreement

As an authorized affiliate (“Affiliate”) of Pimax Technology(Shanghai)Co.Ltd, you agree to abide by the terms and conditions contained in this Agreement (“Agreement”). Please read the entire Agreement carefully before registering and promoting Pimax Technology (Shanghai)Co.Ltd as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Pimax Technology (Shanghai)Co.Ltd by your own website or personal referrals.

By signing up for the Pimax Technology (Shanghai)Co.Ltd Affiliate Program (“Program”), you indicate your acceptance of this Agreement and its terms and conditions (including any attachment to the Agreement).

1. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Termination of the Affiliate Program

- You have the right to unilaterally decide to terminate the Affiliate Program without reason and do not need to notify us separately.

- When you do not abide by the Agreement which we think the circumstances are serious, we have the right to terminate the cooperation with you. Commissions settled in and generated starting from the month of the termination of the cooperation will not be paid.

- We have the right to unilaterally decide to terminate cooperation with you with or without reason. We will notify you in advance by email to terminate the cooperation, and the commission generated within 2 weeks after the email notification will be normally paid to you at the time of settlement.

3. Suspension or Termination of your application or status of the Program

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks, etc.).

- Spamming (mass email, mass newsgroup posting, etc.).

- Advertising on sites containing or promoting illegal activities.

- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under any existing laws and regulations of the People’s Republic of China. 

- Violation of intellectual property rights. Pimax Technology (Shanghai)Co.Ltd reserves the right to require license agreements from those who employ trademarks of Pimax Technology (Shanghai)Co.Ltd in order to protect our intellectual property rights.

- Offering rebates, coupons, or other forms of promised kick-backs from your commission as an incentive. 

- Self-referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Pimax Technology (Shanghai)Co.Ltd reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

4. Liability 

Pimax Technology (Shanghai)Co.Ltd will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Pimax Technology (Shanghai)Co.Ltd. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

5. Term of the Agreement

The term of this Agreement is one year from your acceptance in the Program unless your affiliate account is early terminated during the term.

6. Supplementary / Amendment to the Agreement

The terms and conditions of this agreement (including any attachment to the Agreement) may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change of this Agreement and its attachment.

7. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Pimax Technology (Shanghai)Co.Ltd affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Pimax Technology (Shanghai)Co.Ltd affiliate application process and e-signing on this document. This action has the same legal force and effect as a handwritten signature.

8. Applicable Law

The interpretation, execution, performance and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.

9. Dispute Resolution

Any dispute arising out of or in connection with this Agreement may be submitted to the Shanghai International Economic and Trade Arbitration Commission for arbitration in accordance with its then-applicable rules.

10. Transfer of this Agreement

We have the right to transfer this Agreement to any of our affiliated entities for performance and do not need to notify you separately.

ATTAHMENT:Program rules and calculation standards for commission

From January 2021,

Rule of $30/$50 plus $30/$50:

The commission is calculated based on sales of products are made when the customer clicks through qualified, correctly structured Affiliate links.

You will get a commission of $50 from each product of the 8KX model sold in a valid order.

You will get a commission of $30 from each product of the 8K PLUS /5K SUPER model sold in a valid order.

Meanwhile, during the accounting period, affiliate customers (customers purchasing through affiliate links) will get a $50/unit discount in a valid 8KX order; a $30/unit discount in a valid 8K PLUS /5K SUPER order.
If any refund, partially or fully, occurs afterward, Pimax shall only refund the amount deducted from the previous 50$ discount. (For instance, case 1. Affiliate customer A purchased a 8K X priced at $1299-50=$1249 through an affiliate link, and the order is a valid order. However later, due to some reasons, Pimax has to fully refund the affiliate customer. At this point, Pimax needs to refund $1299-$50=$1249 (changes and taxes excluded) only; Case 2. Customer B purchased a 8K X at $1299-50=$1249 through an affiliate link, and the order is a valid order. However later, due to some reasons, Pimax has to partially refund  ($600 )the affiliate customer. At this point, Pimax needs to refund $600-$50=$550 (changes and taxes excluded) only.)

The charges and taxes incurred in obtaining the commissions will be borne by you.

What is a valid order: 

The order which meets all of the following conditions is a valid order:

- The headset products of the order do not involve existing or future special headset items (special headset items include but not limited to Backer Upgrade Plan, Current Owner Upgrade Plan, etc.). Pimax will not give any special instructions for the special headset items that may appear in the future.  Orders containing such special headset items will be automatically regarded as invalid orders when calculating the commission.

-  It is impossible to pursue official promotion and this affiliate activity. And we will stop using the discount code during the promotion period. If affiliate customers choose the conflicting official promotion discount, whose orders would be identified as invalid ones, and
actions could not generate commissions.

- This order includes the headset product of the model 8K X / 8K PLUS / 5K SUPER on sale;

- The order was purchased by the customer through qualified, correctly structured Affiliate links, and there is a corresponding data record in our backstage;

- The headset product was not canceled or refunded when we calculate the commission.

Calculation period of valid orders and commissions:

Self-clearing in App. 
No refund within 4 weeks after the settlement of headset products. In the 5th week, we will calculate the valid orders and corresponding commissions for the 1st week's valid orders.

 (ie. If the headset product sold in the valid order has not been canceled or refunded during these 4 weeks, we will consider it as a valid order and the commission of such a headset product will be paid to you. If any headset product is canceled or refunded after the settlement of its commission, you will not be required to refund the commission). 

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