Best Brilliance
Best Brilliance

Best Brilliance Referral Program

Earn a 200$ Gift Card when you share Best Brilliance with your friends and they make a purchase at our online store 
( all purchases over $3000 ) 

Terms and Conditions

Referral Program Terms and Conditions  

Referral Program Overview
 
1. The Referral Program is available to all existing customers  (Referring Customer).
2. You must be 18 years or older to be part of this Program.          
3. To be eligible for the Referral Program the Referring Customer must refer a Referred Contact who is not an existing customer, or currently in negotiations about becoming a customer.    
4. A referral will be deemed successful when a Referred Contact purchases a product from www.bestbrilliance.com within 2 months of being referred.
5. An individual can only be nominated for the Referral Program once.         
6. Offer not valid and rewards are not payable for self-referrals
7. We reserve the right to cancel the Referral Program without prior notice in its entirety or for a specific referrer at any time for any reason.
8. All questions or disputes regarding eligibility for the Referral Program will be resolved by Best Brilliance in its sole discretion.  

Frequently Asked Questions
 

How do I refer?
  Visit (insert your referral program page), complete the referral form and we will get in touch with your friend via email or phone.   

How many times can I refer?
  There is no limit on how much someone can refer, or how much you can earn.  

What will NOT be considered a valid referral eligible for a referral payment?          
 

1. When you refer people who previously referred you 
2.  When you refer yourself, or refer people you have referred previously and use different email addresses to try circumvent fraud detection
3. When you refer a new location that is part of the same business.
4. Best Brilliance reserves the right to refuse any referral payout based on findings of its own investigations into suspected fraudulent activity.   

Have you earned more than $600 in one year?
  Any persons who earn over $600 in a financial year must provide Best Brilliance with a copy of their W9 by emailing it to support@bestbrilliance.com. Any delays in payment as a result of failure to submit W9 is not the responsibility of Best Brilliance or its employees.  

Statute of Limitations
  If a referral has not been created via (your referral site), and thus not tracked electronically, the new customer or the referring customer has 90 days from the date of the new customer's first payment date to notify Best Brilliance of the referral event. To notify, please call 1 866 978 4466 *PayPal is not a sponsor of the rewards or promotion or otherwise affiliate with the program. The logos and other identifying marks attached are trademarks of and owned by each represented Best Brilliance and/or its affiliates. Please visit each Best Brilliance’s website for additional terms and conditions.  

Terms and Conditions
  This Agreement is made and entered into by and between Best Brilliance, located at 580 5th Ave , Suite #1818 New York, NY 10036 (“Best Brilliance”, “we”), and our Advocates (“Advocate”, “you”), whereby Advocate will market Best Brilliance’s products services in exchange for Referral Fees.   Best Brilliance produces collectibles, toys, and related products and services (“Services”). Best Brilliance hereby grants to Advocate a nonexclusive, nontransferable right to market and otherwise promote the Services to   customers.  

Referral Program
  Best Brilliance will pay you referral fees on our Services sales to customers. For a Services sale to be eligible to earn a referral fee, the customer must follow a Special Link to our site, select and purchase the Services using our automated ordering system, accept delivery of the Services, and remit full payment to  us.   We will make best efforts to determine your customers returning to our website for up to 180 days after your initial referral, either through a cookie placed in customers' browser and/or through their email address.  We cannot, however, guarantee the payment of referral fees on any Services that  are purchased after   the customer  has reentered our  site ( other than through a Special Link), as determined by us, even if the customer previously followed a link from your  site to our site, if for any reason we are unable to  identify you as the Advocate ( for example  if  the customer returns to our site using different computer and/or email address). In cases where the customer re-enters our site more than once referred by multiple Advocates, only the last referring Advocate will earn the commission.         

Personal Use
  You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination     of this Agreement. Services that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Services."  

Technical Matters
In addition, you may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (b) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (c) make any orders or subscription requests, or engage in other transactions of  any kind on our  site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (d) take any action  that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;  or ( e)  post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any  "framing" technique or technology or pop-up windows), or assist, authorize, or encourage  any third party to take any such action. If we determine, in our  sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.  

Referral Fees
You will earn referral fees based on Qualifying Revenues. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Services, excluding costs for shipping, handling, taxes, and service charges.  

The current referral fee rate is a:  50$ Digital Gift Card
  You will also earn referral fees based on Qualifying Revenues solicited by users who enlisted as Advocates after being referred by you. You will earn $50 from their Qualifying Revenues in the form of a digital gift card.  

Refusal
Best Brilliance may, at its sole discretion, refuse service to any customer.   License License Grant of Best Brilliance Marks Subject to all the terms and conditions of this Agreement, Best Brilliance hereby grants Distributer a nonexclusive, non-transferable license to use the Best Brilliance trademarks, logos, and copyrighted material ( "Best Brilliance  Marks") solely in  connection with promoting the Services. Partner   hereby acknowledges and  agrees that  ( i)  the Best Brilliance Marks are owned solely and exclusively by Best Brilliance or its  affiliates, ( ii) except as set forth herein, Advocate  has no  right, title or interest in or to the Best Brilliance Marks; and (iii) all use of the Best Brilliance  Marks by Advocate shall inure to the benefit of Best Brilliance and its subsidiaries. Advocate agrees that it shall not engage, participate or otherwise become involved in any activity or   course of action that diminishes and/or tarnishes the image and/or reputation of Best Brilliance or of any Best Brilliance Mark.  

Use and Display of Best Brilliance Marks
Advocate acknowledges and agrees that the presentation and image of Best Brilliance Marks should be uniform and consistent with respect to all services, activities and products associated with the Best Brilliance Marks. Accordingly, Advocate agrees to use the Best Brilliance Marks solely in the manner in which Best Brilliance shall specify from time to time in Best Brilliance’ sole discretion.  

Marketing Practices
  Advocate further agrees:

( i) to  be solely responsible for all expenses and fees incurred in connection with this program;

( ii)  use best efforts to successfully market, advertise and sell Best Brilliance Services during the term of  this Agreement;

( iii) not engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to Best Brilliance or its products or services; 

( iv)  not make  any representations, warranties, or guarantees on behalf of Best Brilliance, or  otherwise concerning  Best Brilliance   Services that are inconsistent with or  in  addition to any such representations, warranties, or guarantees  made by Best Brilliance; and

( v)  use the then-current name as used by Best Brilliance  ( but will not represent  or imply that Advocate is a partner or employee of Best Brilliance).
 

Term & Termination
  The term of this Agreement shall continue until    it is terminated. Either party may  terminate this Agreement at any time upon providing written notice to the other party.  Survival Upon expiration or termination of this Agreement for any reason, all rights and obligations of the Parties under this Agreement   shall be extinguished, except that: (a) all accrued payment obligations hereunder shall survive such expiration or termination, if applicable; and (b) any other provisions of  this Agreement that should  reasonably survive expiration or   termination shall survive such expiration or termination.   Indemnification Advocate shall defend, indemnify, and hold Best Brilliance, its  affiliates,  and any of their officers, directors, agents and employees harmless from  and against any  action, claim or suit brought against Best Brilliance or its affiliates, including any  and all losses, damages, costs, and  expenses (including  reasonable attorneys’  fees)  arising from or out of:

(a) any breach or alleged breach by Advocate of any representation, warranty or other  obligation of Advocate under this Agreement;

(b) any alleged or actual violation by Advocate  of any laws, policies, guidelines, regulations, ordinances, rules  and/or orders of  any governmental authority or regulatory body having  jurisdiction over Best Brilliance and the subject matter hereof;

(c) the negligence or willful misconduct of Advocate, its employees  or agents; or

( d)  Advocate’s advertising, marketing, promotion, sale, or distribution  of any of the Qualifying Services.           
 

NO DISPARAGEMENT
Advocate shall not, directly or indirectly, disparage Best Brilliance, any Best Brilliance Mark (including trademarks, service marks and other such marks, registered or not and/or the Best Brilliance Services, during the term of this Agreement and for a period of twelve months thereafter. Furthermore, Advocate shall not solicit or hire any employee or consultant of Best Brilliance to leave their employment or consulting relationship with Best Brilliance during the term of this Agreement and for a period of twelve months thereafter.  

NON-COMPETITION & NON-SOLICITATION   
In  order to protect  the legitimate business  interests of Best Brilliance, Advocate agrees that during  the term of this Agreement and for a period of 24 months thereafter, Advocate or its stakeholders will not directly or       indirectly, whether as owner, sole proprietor, partner, shareholder, director, member, consultant, agent, founder, co-venture partner or otherwise, (i) do anything to  divert or  attempt  to divert from  Best Brilliance any business of any  kind, including, without limitation, solicit or interfere with any of Best Brilliance' customers, clients, members, business partners or suppliers, (ii) engage, invest or participate in any business that is similar to those which Best Brilliance has created or has under development during the business relationship.   

WARRANTY DISCLAIMER        
Best Brilliance HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO T   PROGRAM AND THE Best Brilliance SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE Best Brilliance SERVICES ARE PROVIDED ON AN “AS IS” BASIS.  

LIMITATION OF LIABILITY
Best Brilliance SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF Best Brilliance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Best Brilliance BE   LIABLE TO DISTRIBUTOR OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT  GREATER THAN THE AMOUNT PAID TO DISTRIBUTOR BY Best Brilliance          HEREUNDER DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

Other Provisions
Severability, Headings If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in  full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.  

Non-exclusivity
This Agreement does not confer on either Party any rights that are exclusive. Each Party is free to contract with others with respect to the subject matter of this Agreement.  

Relationship of the Parties
The Parties are independent contractors and nothing in this Agreement shall make them joint ventures, Companies, employees, agents or other representatives of the other Party. Neither Party shall make any representation that suggests otherwise.  

Other
This agreement will be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. This Agreement may not be assigned by either party without the prior written consent of the non-assigning party. Notwithstanding the foregoing, Best Brilliance may assign this Agreement to the surviving entity in the case of a merger, acquisition or sale of all or of substantially all of its assets without the consent of the Advocate. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.               

CAN-SPAM Act Compliance
Best Brilliance complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving marketing emails. Accordingly, if you designate a referral email address that has previously opted out of receiving our marketing emails, that email address will not be sent an email. Best Brilliance is not required to notify you if an email is not sent.  

GDPR Compliance
By submitting a referral, you (1) certify that you and your contact both live in the United States and are not subject to European Union privacy laws (2) give Best Brilliance permission to retain your name and email address for the purpose of any subsequent reward fulfillment. Submitting the above form does not subscribe you to marketing emails from Best Brilliance. In the spirit of transparency and privacy, Best Brilliance will use information collected through this form in the following ways: 1) Best Brilliance will send from time to time email to any referral (“prospect”) referred through the above form on behalf of the person who submits the form (the “referrer”). 2) Best Brilliance will retain records of the prospect name, prospect email, associated referrer name, and associated referrer email. This personally identifiable data will only be visible to program administrators and will only be used for this purpose. Best Brilliance will comply with any written request from a prospect or referrer to delete their own personal information via written mail to support@bestbrilliance.com. This information may be visible to any member of Best Brilliance staff. Other information submitted through this form will be covered under Best Brilliance general website privacy policy, terms of use and cookie policy       

Confidentiality
In connection with your participation in the program, you may receive confidential and proprietary information belonging to Best Brilliance, including sensitive customer data (“Information”). You will maintain all of such information in strict confidence and use the Information only in connection with your participation in the program. Notwithstanding anything to the contrary contained herein, you agree that you will comply with the customer confidentiality provisions.  

Independent Contractor Relationship
Your participation in the program does not authorize you to act on our business’s, its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership or association between you and Best Brilliance, its parent or their respective affiliates. By participating in the program, you acknowledge that you do so at your own risk and as an independent contractor and that Best Brilliance is not directing how you perform your obligations hereunder.  

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Terms and Conditions