Affiliate Agreement Page updated : July 14, 2023 Introduction This agreement describes the entire terms and conditions for participation in the Silva Method (Malaysia) Sdn. Bhd. Affiliate Program (the Program). In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" or "Company" refers to Silva Method (Malaysia) Sdn. Bhd. a company registered in Malaysia with registered number 197250-A and office located at B-10-1, Northpoint, Mid Valley City, No. 1, Medan Syed Putra, 59200 Kuala Lumpur, Malaysia "Site" means a World Wide Web site and, depending on the context, refers either to our site located at the URL www.silvamethod.com.my, or to the site that the Affiliate will link to our site (and which the Affiliate will identify in the Program application). Please read this Agreement carefully before registering as an Affiliate. By signing up as an Affiliate for silvamethod.com.my, you acknowledge that you have read the terms and conditions, understand, and agree with them. Affiliate Link You will be issued an "Affiliate Link", or unique URL, which allows the company to identify visitors from your site as originating from you. These visitors are tracked with this unique URL and sales are recorded with your Affiliate ID. To receive sales commission, you must use the provided Affiliate Link. The URL may be in various forms such as a banner, image, or text link. We reserve all rights in or to its trademarks and service marks but may be used by Affiliate in accordance with this agreement. The company trademark may not be used to register internet domain names for any other purpose. Affiliate may in no way display any company logo, image, or trademark which may be distasteful, defame, or misrepresent. Affiliate shall not misrepresent company services. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commission. Affiliate agrees not to send unsolicited mail or SPAM mail to promote any of the company's services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending commissions. Affiliate will also be in violation of the Company Affiliate Agreement and subjected to legal action. Payments and Commissions The current referral fee amount is 10% of sales for customers coming directly from the Affiliate's site using their unique Affiliate Link. The commission scheme is only applicable to new customers and non-existing customers of Silva Method (Malaysia) Sdn. Bhd. Company will pay Affiliate fifteen days (15) after the end of each calendar month for all commissions earned during the prior month, (for example, if you made a commission on March 10, we will send out your check on April 15). We reserve the right to modify the payment schedule as long as notice is posted on the Web site. Commission payments can be made via Cheque (Malaysia) or PayPal (worldwide). Payments will be made in Ringgit Malaysia (MYR) for Malaysian Affiliate whereas Affiliate outside of Malaysia, payments will be made in U.S. dollars. Any commissions earned in Ringgit Malaysia by oversea affiliate will be converted into U.S. dollars by using a currency exchange rate from xe.com at the time of issuing commission. If commission does not exceed USD 50 for oversea affiliates or MYR 100 for Malaysian affiliates during prior period, we reserve the right to hold payment until commissions accumulate to the minimum amount. Commission will only be credited to an Affiliate after the customer has made full payment to the Company and after the refund period. There is 3-day refund cooling period for Company seminars, if customer requests for refund during the refund period, you will not be entitled to the commission of the transaction. Affiliates are NOT employees of our company. An affiliate is responsible and accountable for any and all fees, taxes, exchange rates, surcharges, bank charges and other expenses incurred for receiving any commission. Please check with your local banking institution to find out if any of these apply for your area/country. Terms of Agreement This Agreement remains in effect until cancelled by either party. Either the Affiliate or Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by postal mail or e-mail. Upon termination of this Agreement for any reason, the Affiliate will immediately cease use of, and remove from the Affiliate's site, all links to company's site. Commissions earned through the date of expiration or cancellation of this Agreement will remain payable only if the qualifying sales are not cancelled or refunded by the referred customers. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid. Costs and Expenses Affiliate shall bear all of its own costs and expenses related to its Affiliate status with Company including, but not limited to, compensation payable to Affiliate's participation in the Company (to the extent permitted), and all travel and other expenses associated with the Affiliate's participation in Company meetings and conferences (to the extent permitted). Affiliate understands and agrees that Affiliate has no right to the reimbursement from company. Sales Performance We are not responsible for sales from the Affiliate site. Much depends on how many visitors you receive monthly and how much exposure you give the link(s) to us. Proper web site design, coding and placement of links are the sole responsibility of the Affiliate. We are not responsible for sales not attributed to the Affiliate due to improper links. Relationship of Parties You and we are Independent Contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this section. Prohibited Sites We reserve the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which: • Promote sexually explicit materials • Promote violence • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age • Promote illegal activities • Violate intellectual property rights Modification of Agreement We reserve the right in our sole discretion to modify any of the terms and conditions contained in this Agreement by posting a change notice or a new Agreement on our site. We will give the Affiliate a minimum of thirty (30) days prior notice of any changes in referral fees, payment schedule, payment procedures and program rules by postal mail or e-mail. The Affiliate's continued participation in this Program following our notice of a change or new Agreement will constitute binding acceptance of the change. Limitation of Liability In no event shall the Company be liable for loss of profits, revenues or data or any special, incidental, consequential, punitive or exemplary damages, even if advised of the possibility of such damages. Disclaimer Our Systems will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, Our Systems is not responsible for technical problems, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Privacy To protect our Systems customer privacy, we cannot provide identifying customer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and perhaps other data for your records. Governing Law This Agreement shall be governed by the laws of Malaysia.