Terms and Conditions
Referral Program Terms and Conditions
Referral Program Overview
Referral Program is available to all existing customers (Referring Customer).
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.
referral will be deemed successful when a Referred Contact purchases a product
from www.bestbrilliance.com within 2 months of being referred.
individual can only be nominated for the Referral Program once.
not valid and rewards are not payable for self-referrals
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.
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?
(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?
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
you refer a new location that is part of the same business.
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?
persons who earn over $600 in a financial year must provide Best Brilliance with
a copy of their W9 by emailing it to firstname.lastname@example.org. 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
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.
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.
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."
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
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
Best Brilliance may, at its sole discretion, refuse
service to any customer.
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
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.
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.
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;
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
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
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.
Best Brilliance HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT
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
OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT,
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.
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
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.
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.
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
In the spirit of transparency and privacy, Best
Brilliance will use information collected through this form in the following
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 email@example.com.
This information may be visible to any member of Best
Brilliance staff. Other information submitted through this form will be covered
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.
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.