Affiliate Terms, Conditions, and Privacy Policy

These Terms and Conditions were last revised on May 28, 2023

DEFINITIONS

Nexus (“we”, “us”, “our”): refers to NEXUS SRL/s, Salerno, Italy, which is the designated operator of this affiliate program, whose terms and conditions are set out herein.

DeLuss Affiliate Program (“Affiliate Program”, “Program”, “Services”): refers to the affiliate program operated by Nexus.

Affiliate (“Partner”, “you”, “your”, “yours”): means the legal entity agreeing to participate in the Program, and who will legally be bound by the terms and conditions herein

Affiliate Agreement (“Agreement”, “Affiliate Agreement”, “Terms and Conditions”, “Affiliate Terms and Conditions”): refers to these DeLuss Affiliate Program terms and conditions.

DeLuss Website (“DeLuss”, “Site”, “Website”): refers to deluss.com or any of its subdomains.

Affiliate Dashboard: refers to the online location (https://deluss.ae/affiliates) through which the Affiliate can manage the Affiliate Program and accept these Terms and Conditions.

Coupon code (“Coupon”): refers to a coupon code provided to the Affiliate in the Affiliate Dashboard.

Referral link (“Link”): refers to a referral link provided to the Affiliate in the Affiliate dashboard.

User: refers to the person who may or may not use the Affiliate coupon code to make a purchase of products on the DeLuss Website or may or may not click a Referral link and be directed to the DeLuss Website to purchase products from it.

Commission: refers to the amount earned from successful purchases on the DeLuss Website through referral by the Affiliate.

1. OVERVIEW

This Affiliate Agreement is entered into by and between Nexus, and the Partner and is made effective as of the date of electronic acceptance. This Affiliate Agreement sets forth the terms and conditions of your use of the DeLuss Affiliate Program. Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Nexus, in its sole and absolute discretion, may change or modify this Agreement, and any policies or Agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the DeLuss Website. You acknowledge and agree that (i) Nexus may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.

2. PARTICIPATION IN THE DELUSS AFFILIATE PROGRAM

In order to enrol in the Affiliate Program, you need to submit your application through the Affiliate signup form on the DeLuss Website. All Affiliate signups are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason.

3. YOUR RESPONSIBILITIES

As an Affiliate, you agree that:

  • It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, all website URL(s) where DeLuss is promoted, promotional means and practices and any other details we may request. Nexus reserves the right to request any additional information about each website, where DeLuss is promoted and any additional information about the practices used to promote DeLuss on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any Commissions.
  • You should not make any recommendations or take any actions that would result in a potential revenue loss for Nexus.
  • You should not act in your own will as per modifying, copying or altering any banners, icons, graphics or any other content that is contained in the DeLuss Website including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from Nexus.
  • You shall not use self-referral methods, you can’t click on your Referral links and make orders via your unique Referral link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Additionally, the use of VPN services to make a purchase via the Referral link will also be considered a violation. Violations can result in the loss of all accrued Commissions and dismissal from the program.
  • You agree not to violate any applicable law.
  • You should not damage Nexus reputation.
  • Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.

If Nexus suspects or detects patterns of violations of the Affiliate Program Agreement, Nexus reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all Commission payments due.

4. AFFILIATE LINKS AND COUPON CODES

Each Affiliate in the Affiliate Dashboard gets a Coupon code. If the Affiliate shares a Coupon code then the User, when making a purchase, must enter a Coupon code before checkout.

5. AFFILIATE COMMISSIONS

Commissions are earned from authorised referrals that generate purchases via your Coupon codes.

Commission amounts per product/services sold may be changed by Nexus at any time. This information is available to you in the Affiliate Dashboard. You are solely responsible for determining if the Commission amount for a Coupon code you have placed has changed or been discontinued.

If the purchase will be canceled or refunded by the request of the client then the Commission for such purchase will not be credited. We retain the right to review all the transactions for possible frauds, whether such frauds are on the part of the customer, or on Your part. During the time which We review Commissions for possible frauds or any other concerns due to illegal activity, we may withhold the payment of any balance to you for up to 180 (one hundred eighty) days, while We investigate and verify that the relevant transactions comply with the provisions of the Agreement, laws and regulations.

6. COMMISSION PAYMENT

Commissions will be paid out via PayPal in Euros. You can make a payout request in Your Affiliate Dashboard when the minimum payout amount for withdrawal is 35 €.

Payouts will be released after the 8th of the next month for requests made until the end of the running month. E.g., if You requested for a payout on 20th of February, the payout will be released after the 8th of March. If a request was made on 1st of March, the payout will be released after the 8th of April.

Affiliate is responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses arising out of the Affiliate relationship with Nexus including those incurred in order to receive Affiliate payments.

7. RELATIONSHIP OF THE PARTIES

Both the Affiliate and Nexus agree that they are entering into this Affiliate Agreement as independent contractors and this Agreement creates no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of Nexus.

8. ACCOUNT TERMINATION

At any time you can cancel and terminate your Affiliate account by contacting us by E-mail (affiliates@deluss.com). Nexus will send you a confirmation that your account has been terminated, as requested.

Nexus can terminate an Affiliate account:

  • With a seven-day prior notice without providing any explanation.
  • Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.

After an Affiliate account is terminated, the sales associated with the Affiliate will no longer be tracked by us and you will no longer qualify for any future Commissions. No outstanding Commission payments will be due if your account is terminated due to the violation of these Terms and Conditions.

Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.

9. CONFIDENTIAL INFORMATION

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

10. GOVERNING LAW

Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the Nexus entity servicing your Affiliate account is located.

11. CHANGES TO THE AFFILIATE PROGRAM TERMS

We retain the right to change any policies or terms of this Affiliate Agreement at any time. The amendments and/or supplements of the Agreement are effective immediately upon being posted to the DeLuss Website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on DeLuss Website. If by any means you do not agree with the amendments and/or supplements of the Affiliate Agreement, you can cancel your account within 10 business days, counting from the date of the amendments and/or supplements. Only an official Nexus officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, Nexus has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.

12. TERMINATION OF USE

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

13. WARRANTIES AND LIABILITY

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that: this website or our products or services will meet your requirements; this website will be available on an uninterrupted, timely, secure, or error-free basis; the quality of any product or service purchased or obtained by you through this website will meet your expectations. Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to $10. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

14. PRIVACY

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.We take your personal data seriously and are committed to protecting your privacy. We will not use your E-mail address for unsolicited mail. Any E-mails sent by us to you will only be in connection with the provision of agreed products or services.We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

15. ACCESSIBILITY

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

16. EXPORT RESTRICTIONS / LEGAL COMPLIANCE

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Italy.

17. AFFILIATE MARKETING

Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

18. ASSIGNMENT

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

19. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

20. FORCE MAJEURE

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

21. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

22. WAIVER

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

23. LANGUAGE

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

24. ENTIRE AGREEMENT

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and NEXUS SRL in relation to your use of this website.

25. UPDATING OF THESE TERMS AND CONDITIONS

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

26. CHOICE OF LAW AND JURISDICTION

These Terms and Conditions shall be governed by the laws of Italy. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Italy. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

27. CONTACT INFORMATION

This website is owned and operated by NEXUS SRL/s.

You may contact us regarding these Terms and Conditions by writing or E-mailing us at the following addresses:

NEXUS SRL/s
VIA TRENTO 143/A
84129 SALERNO
ITALY

affiliates@deluss.com