AGREEMENT BY DHUMALL AFFILIATE PROGRAM APPLICANT

I, the DhuMall Affiliate Program applicant confirm that I have read and understood all the terms & conditions governing the operation of the DhuMall affiliate program contained in the DHUMALL AFFILIATE APPLICATION AGREEMENT and agree to abide and be bound by these terms and conditions by completing the Affiliate Program Application Form. I agree that DhuMall Sdn Bhd may vary, alter, and amend any terms and conditions at its sole discretion. Copies of all terms and conditions mentioned herein are available online at dhumall.com. I understand that my submission of this application and acceptance of this application by DhuMall Sdn Bhd shall in no way be construed as approval of my application and that DhuMall Sdn Bhd reserves the right not to approve this application without giving any reasons whatsoever. I confirm that no statutory demand has been served on me and that no legal proceedings have commenced against me at the time of this application. I declare that I am not undischarged bankrupt or of unsound mind. I further declare that the information given in this application is true, accurate, and complete and that I have not wilfully withheld any facts.


TERMS & CONDITIONS OF DHUMALL AFFILIATE APPLICATION AGREEMENT

  1. The DhuMall Affiliate Program is open to individuals at least 18 (eighteen) years old on the date of application to join the Program, either as an individual participant or to represent an entity.
  2. DhuMall Affiliate Program (hereafter referred to as “Program”), is governed by DhuMall Affiliate Application Agreement (hereafter referred to as “Agreement”), DhuMall Affiliate Application Form, DhuMall Affiliate Terms & Conditions (hereafter referred to as “Terms”) that is located at DhuMall Affiliate website, and subsequent addition, changes, revisions and/or modification to any of the preceding documents whereupon the addition, changes, revisions and/or modification will be posted on DhuMall website without any notice, at any time.
  3. By completing the registration form, you acknowledge and agree to the terms stated herein AND in all related documents with the effective date is the date on which you fill in the form. When your submitted document is approved by DhuMall Sdn. Bhd. (hereafter referred to as “DhuMall”, We, Our, Us or the Company”), the document is a part of a legal agreement between you as DhuMall Affiliate (hereafter referred to as “Affiliate”,”You”, “Your” or “Yourself”), individually or collectively depending upon the context, an individual participant of the program or on behalf of an entity to participate in the program. If you are representing an entity, You are considered to have accepted these terms stated in the Agreement and all documents that govern the Program on behalf of that entity. You acknowledge and agree that it is Your responsibility to review the terms of the DhuMall Affiliate Application Agreement and DhuMall Affiliate Terms and Conditions periodically to familiarize Yourself with any additions, revisions, or modifications that We may have made to these terms. Your continued participation in the Program after such additions, revisions, or modifications will constitute Your acknowledgment and agreement of the modified terms. If You disagree You must terminate Your account and leave the program immediately.
  4. Responsibilities and Warranties of Affiliate’s main responsibility is to sell and advertise DhuMall products online and/or offline using DhuMall marketing resources. DhuMall grants You a non-exclusive, limited, revocable right to use DhuMall provided trademarks and marketing materials in accordance with the Terms stated herein. Without contest, DhuMall is the sole owner of all intellectual property rights including but not limited to trademarks, copyrights, patent rights, applications, trade names, and service marks and rights in and to any of its derivatives. All materials including but not limited to images, brochures, flyers, testimonies, and technology provided for Your use are the sole property of DhuMall and no part of them shall be deemed given and/or licensed to you except as explicitly provided for. You are required to maintain minimum monthly sales. If You fail to do so, DhuMall has the power to place You on probation for a certain period of time. If You still fail to reach the minimum sales requirement, DhuMall reserves the right to terminate You.
  5. While fulfilling your duty as Affiliate, You are prohibited from, but not limited to:
    • Promoting violence, obscenity, pornographic material, defamatory acts, discrimination, illegal activities, and other activities that can tarnish DhuMall’s name and image.
    • Make unauthorized health and/or medical claims on any or all DhuMall products.
    • Introduce Yourself as an employee, partner, joint venture, or franchisee of DhuMall. When doing marketing You must introduce Yourself as a DhuMall Affiliate. You are prohibited from misrepresenting or embellishing the relationship between DhuMall and You, including but not limited to expressing or implying that DhuMall supports, sponsors, endorses, or contributes to any charity (or other cause) or express or imply any relationship or affiliation between the DhuMall and You or any other person or entity except as expressly permitted by this Agreement. You are strictly prohibited from making any promise, warranty, or representation on behalf of the company or obligating or attempting to obligate the Company in any manner.
    • Affiliate has no any right to transfer or assign any rights or delegate any duties to other individual or entity.
  1. Governing Law and Resolution of Disputes. The Program website for DhuMall affiliates and Our online store are controlled by DhuMall Sdn. Bhd. By accessing Our website(s), You agree to obey the Malaysia statutes and laws disregarding the conflict of laws and the United Nations Convention on the International Sales of Goods, which will apply to all matters relating to the use of these website(s) and the purchase of any products or services through this site, and online store. In connection with the Program, DhuMall may include but not limited to:
    • The identities of and/or contact information for other Affiliates, brokers, customers, distributors, or vendors of DhuMall;
    • Physical data, sales data, technical data, and data security information;
    • Marketplace statistics; and/or
    • Business information such as business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of these Terms.

You hereby acknowledge and agree that any breach or threat to breach of this particular part of the Agreement may cause immediate and irreparable harm and/or damages to DhuMall which would not be adequately and fully compensated by money. It is DhuMall right to seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security.

Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages. In the event any terms of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the enforceability or interpretation of any other terms in this Agreement. In the event of such a ruling, this Agreement will be constructed and enforced as if such invalid or unenforceable terms did not exist.

Should a termination of Your account and/or the Agreement happen, you are to remove any trademarks, banners, and any other material referencing DhuMall and immediately cease promoting DhuMall and its product.

  1. You must provide accurate, truthful, correct, and up-to-date information about Yourself (such as but not limited to contact and tax information). If You deactivate Your e-mail and/or telephone number that is associated with the Program, You must immediately inform Us of the new e-mail and/or telephone number. DhuMall may send an e-mail relating to the Affiliate Program and the Terms to the deactivated e-mail. You hereby shall be deemed to have received e-mail sent to that deactivated e-mail address.

You hereby agree that DhuMall or a party acting on Our behalf may contact You by telephone using automated technology (e.g., an auto-dialler or pre-recorded messaging), text messaging and/or e-mail using the telephone number(s) or email address that You provided in the application form and as updated. You also understand and agree that the carrier’s standard rates will apply for calls and text messages.

  1. DhuMall Privacy Policy. DhuMall is the sole proprietor of the information collected via the Program. We may collect personal and non-personal identification information from Affiliates. DhuMall views the individual privacy of Our Affiliates privacy and their customers as the utmost important information and thus treats it as confidential information. However, DhuMall reserves the right to disclose Your personal information where it is required to do so due to unlawful activity on Your part.

 

Last updated on 31st December 2024