THIS AFFILIATE AGREEMENT is made between YOU (“you” or “the Affiliate”) and SecretInc. It comes into force at the moment when you check the box, to confirm that you have read, understood and accepted this Affiliate Agreement and its terms and conditions and shall constitute your agreement to be bound by this Affiliate Agreement and its terms and conditions.

 

Eligibility

The Affiliate must be eighteen (18) years of age and above and must ensure that his/her details, as provided to SecretInc on registration or at any time subsequently, are correct, accurate, complete, and up to date. The Affiliate hereby confirms that he/she is eighteen (18) years of age and above at the time he/she entered into this Affiliate Agreement.

 

      Cooling-Off:

The Affiliate may withdraw his/her application for registration as an Affiliate of SecretInc, for any reason within ten (10) working days from the date of this Affiliate Agreement (“Cooling-Off Period”) by giving written notice to SecretInc, and SecretInc shall, subject to the return of the products, benefits and the free gifts referred to in (b) below, refund without interest the registration fee (if any) that has been paid by the Affiliate within ten (10) working days from the date of receipt of such withdrawal notice.

During the Cooling-Off Period, the Affiliate may also return the products to SecretInc for a refund provided that the products are returned in the same condition as supplied by SecretInc. Any gifts received for registration shall also be returned to SecretInc in the same condition as supplied by SecretInc.

Where a written notice is given pursuant to (a) above, this Affiliate Agreement shall be deemed to have been rescinded by mutual consent and never to have had effect.

 

      Affiliate Discount

The Affiliate is entitled to a discount on SecretInc’s recommended retail prices for its products. Details of the discount structure and entitlement in force from time to time can be found on the Frequently Asked Questions section of the Affiliate website.

 

      Ordering Products

The Affiliate’s orders for SecretInc products must be placed in accordance with procedures established by SecretInc. Details of the procedures in force from time to time, as well as product prices, delivery details and carrier charges, can all be found on the Place an Order section of the Affiliate website. SecretInc will confirm receipt of orders submitted by the Affiliate. However, each order remains subject to acceptance by SecretInc, which only takes place when an invoice is issued to the Affiliate for the products in question, at which point the purchase contract is made. SecretInc takes care to ensure that prices shown on the Affiliate website are accurate. However, prices may change occasionally, and the correct price will be applied when the Affiliate selects an item, adds it to his/her shopping basket, and proceeds to the checkout. All orders for SecretInc products are subject to availability and if an accepted order cannot be fulfilled, we will proceed to inform you, refund and cancel the order accordingly.

 

      Electronic Communications

The Affiliate expressly authorises SecretInc to issue communications and invoices electronically and agrees that they will satisfy any legal requirements as required to formalize that such communications or invoices are in writing.

 

      Independent Affiliate

The Affiliate agrees that he/she is an independent Affiliate and not an employee agent nor partner of SecretInc and has no authority to bind SecretInc contractually nor to incur any liability on behalf of SecretInc.

The Affiliate agrees that he/she shall be responsible for compliance with all matters associated with the status of a self-employed individual including payment of all taxes, pensions, insurance contributions or other business expenses and shall possess all licenses, permits, insurances and/or registrations at his/her cost for conducting SecretInc business or activities.

 

      Affiliate’s Business Activities

The Affiliate is under no obligation to resell any of the products that he/she purchases from SecretInc. However, if the Affiliate chooses to resell the Secret Inc products, he/she hereby undertakes to act at all times professionally and honestly and to follow the standards and principles of behaviour as outlined in our Rules or Codes of Conduct. The Affiliate will also be solely responsible for obtaining any necessary licenses or permits and for paying all liabilities associated with his/her business activities including but not limited to tax, social security, health and pension insurance liabilities.

 

      Data Protection

The Affiliate with this expressly consents to his/her details being held and processed (including processing by automatic means) by SecretInc and its authorised third parties in the manner stipulated in SecretInc’s Privacy Policy (which can be found on the SecretInc website), to serve as a SecretInc’s Affiliate, including satisfying orders for SecretInc products, as well as for direct marketing, promotions, incentives, business updates, the collection of statistical information, credit checking, fraud prevention and debt collection. Secret Inc’s privacy policy and the Affiliate’s rights as a personal data subject are contained in Secret Inc’s Privacy Policy.

 

    Password and Security

The Affiliate’s rights and obligations under this Affiliate Agreement may not be assigned, sub-licensed or otherwise transferred. The Affiliate is entirely responsible for maintaining the confidentiality of his/her account and the password that he/she has created, which must not be disclosed or shared with anyone. The Affiliate will be responsible for all activities and orders that occur or are submitted under his/her account or password and the Affiliate must notify SecretInc immediately of any unauthorised use of the account or password or any other breach of security.

 

    Use of the https://Secretinc.co/ Website

By using the https://SecretInc.co website (“Website”), the Affiliate accepts and agrees to be bound by the Terms and Conditions of Use of the Website and by all other terms and conditions, policies, procedures and/or rules posted on it by SecretInc from time to time, all of which are deemed to be an integral part of this Affiliate Agreement and to govern the relationship between the Affiliate and SecretInc.

SecretInc, at its sole discretion, may make changes to the Website and any of the contents thereof by posting such changes online. The Affiliate should ensure his/her awareness of such changes by regularly checking his/her emails and regularly reviewing the Website. Continued use of the Website following any change constitutes acceptance of the change and agreement by the Affiliate to be bound by it. The Affiliate acknowledges that he/she shall be solely responsible for the safety of his/her password to access the Website and shall promptly notify SecretInc (in writing) should he/she notice any unusual activities.

 

Enforceability

If any provision of this Affiliate Agreement shall be unlawful, void or for any reason unenforceable, the same will be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability and the invalidity of that provision will not affect the validity and enforceability of the remaining provisions.

SecretInc reserves the right to amend the terms and conditions herein, including SecretInc’s policies, procedures and/or guidelines at any time by giving the Affiliate written notice addressed to the Affiliate’s address on record. If the Affiliate has signed up to conduct his/her activities online or has provided SecretInc with an email address, the Affiliate hereby expressly authorises SecretInc to issue any communications and invoices electronically, by email to the Affiliate or by posting messages or notices on the Website, and any such communication shall be deemed appropriate as a written notice.

 

     Payment to Affiliate

Affiliates will be paid either in cash or in the form of product credit that can be redeemed on SecretInc’s website. Earnings are calculated and accrued on the last day of each month from finalized and successful sales and payments. Upon the Affiliate’s request for cash payment, payment will be made to the Affiliate’s bank account, as detailed on the Affiliate Website, within 15 working days of the finalized tabulated earnings. Proof of payment receipt will be sent electronically to the Affiliate’s email address once payment has been made. Payments made are final except in the event of a refund request from sales under your Affiliate. SecretInc reserves the right, if refunded, to adjust your earnings to recover from the refunded sales in the following month or to recover the earnings from the refunded sales from you the Affiliate. If the recoverable amount is not paid, 1.5% interest will be charged monthly until the full amount including interest incurred has been paid.

 

Termination

In addition to any statutory right which the Affiliate may have to withdraw from this Affiliate Agreement, this Affiliate Agreement may be terminated at any time by either party by giving written notice of termination to the other party. For the avoidance of doubt, SecretInc reserves its right to terminate the Affiliate without prior notice and with immediate effect as a result of a breach of any of the provisions contained in this terms and conditions and/or if the Affiliate is a dormant agent after a continuous period of twelve (12) months from the last purchase month of any SecretInc’s products by the Affiliate.

 

Language

This Agreement has been drawn up in English. In case of discrepancies between the texts in different languages, the English text shall prevail.

 

    Governing Law and Jurisdiction

This Affiliate Agreement shall be governed by and construed per Malaysian law and any disputes will be decided only by the Malaysian courts.