Pocket Change Affiliate Program Terms and Conditions

Article 1 General Provisions

1. This Pocket Change Affiliate Program Terms and Conditions (hereinafter referred to as “Terms”) stipulates the relationship between the Affiliates (as defined in Article 2-2) and  Pocket Change Inc. (hereinafter referred to as the “Company”) and the terms and conditions to be complied with by the Affiliates in relation to the Affiliate Business (as defined in Article 2-1) concerning recruiting and solicitation for users (hereinafter referred to as “Recruiting Solicitation Acts”) of service which the Company operates under the Terms and Conditions of Use separately stipulated in the Company’s website (hereinafter referred to as the “Service”).
2. The Affiliates shall agree that the Affiliates’ information concerning Affiliate Business registered or submitted under these Terms and the Affiliates’ information learned by the Company at the performance of Affiliate Business shall be handled in accordance with the separately prescribed “Privacy Policy”.
3. The Company deems if the Affiliates registers themselves as an affiliate of the Company’s website, such Affiliates has consented to these Terms. Furthermore, the Company shall be entitled to revise these Terms, etc. without prior notice to the Affiliates, and after the revision, these revised Terms shall apply. When the Affiliates conduct Affiliate Business after the Terms, etc, are revised, the Affiliates shall be deemed to have agreed to the revision of the said Affiliate Business as well as all rights and obligations that has arisen to the Affiliates relating to Affiliate Business.

Article 2 Definition

In this Terms, the following terms shall have the meaning as set forth below:

(1)     “Affiliate Business” means Recruiting Solicitation Acts of encouraging prospective users of the Service to use the Service by employing Preferential Rate Code.

(2)     “Affiliate(s)” mean parties who have registered themselves as an affiliate of the Company’s website and who performs Affiliate Business to which Preferential Rate Code is assigned by the Company.

(3)     “Preferential Rate Code” means a code which the Company individually assigns to each Affiliate, which enables users of the Service to enjoy special benefits by entering it when using the Service.

(4)     “Affiliate Rate”  is the calculation basis of the remuneration amount to be paid to the Affiliate and means of the ratio to the amount of the Service used by the said user when a user of the Service uses Preferential Rate Code issued to a specific Affiliate

Article 3 Affiliate Business

1. If the Affiliates register themselves as an affiliate with the Company’s website, the Company will issue Preferential Rate Code unique to each Affiliate which shall be employed by the said Affiliate when conducting Recruiting Solicitation Acts.
2. The Affiliates shall conduct Recruiting Solicitation Acts to encourage prospective users of the Service to use the Service by employing Preferential Rate Code.
3. The Company shall, only where a user of the Service has entered Preferential Rate Code when using the Service and if the transaction pertaining to the use of the said Service has completed in an ordinary  way, pay remuneration for the said Affiliate Business.
4. Remuneration for Affiliate Business shall be the amount calculated by multiplying the amount of the Service used by a user of the Service employing Preferential Rate Code of the relevant Affiliate by Affiliate Rate separately set by the Company to each Affiliates.
5. The Company may, at its discretion, set Affiliate Rate for individual Affiliate and such Affiliate Rate may be changed by posting on the Company’s website [MN　1] without prior notice. The changed Affiliate Rate shall start to apply to a transaction in which users used the Service employing Preferential Rate Code.
6. Remuneration for Affiliate Business shall be paid in accordance with the terms and method separately prescribed by the Company and all such remunerations shall be calculated in Japanese Yen. Costs associated with payment of remuneration shall be borne by the Affiliates.
7. The Company may, at its discretion and without prior notice, change the content of benefits that can be enjoyed by users of the Service employing Preferential Rate Code.
8. Parties who will be registered as an affiliate shall be limited to those aged 20 or above, or persons (in case of minors) who have obtained consent of their legal representatives.
9. The Affiliates shall perform Affiliate Business based on their own free decision and shall assume responsibility to comply with all obligations under all applicable laws and regulations as well as contracts and other agreements. The Company has the right to change, suspend and terminate a contractual relationship between the Company and the Affiliates pertaining to Affiliate Business at any time without notice, or to prohibit them from performing all Affiliate Business. In no event shall the Company be liable for such change, suspension or termination of the contractual relationship or the prohibition of performing business. Furthermore, the Company may, in some cases, restrict access to the Company’s website and in such a case, even if any damage or loss is incurred by an Affiliate, the Company shall not be held liable therefore.
10. Unless it is deemed to damage reputation of the Company or takes advantage of the Company’s reputation and so long as it is being performed by fair and lawful method, the Affiliates may link from their website to the Company’s website pertaining to the Service. Neither providing a link in the form as if there were partnership, approval or recommendation of the Company although not existing nor incorporating the Company’s website in part of another site shall be permitted. The Company may, at any time at its discretion, revoke the permission to link to the Company’s website.

Article 5 Disclaimer of Warranty

The Affiliates agree to the maximum extent permitted by applicable laws and regulations, the Service will be provided on an as-is basis, containing any errors and with no warranty, and the Company will be exempt from all warranties with respect to the Service, express or implied or statutory (including without limitation, any implied warranty of merchantability, satisfactory quality, fitness for any particular purpose, accuracy, tranquil use, and non-infringement of third parties’ rights). The Affiliates may not make any claims against the Company in relation to the Terms and Conditions, the content, quality or any other matters concerning the Service, and the Company shall undertake no responsibility to respond to requests or complaints submitted by the Affiliates regarding the Service.

Article 6 Limitation on Liability

Unless otherwise prohibited by laws and regulations, the Company shall not accept liability for any personal injury, incidental damage, special damage, indirect damage or consequential damage (including without limitation, lost profits, data loss, interruption of operation or any other commercial damage or loss), even where damages are incurred by the Affiliates or prospective users of the Service associated with Affiliate Business, regardless of the aspect of occurrence or the content of legal configuration (contract, tort and so forth), and even if the Company has been informed of the possibility of occurrence of those damages. For clarity, even where the Company assumes liability to the Affiliates notwithstanding this article or any other disclaimer of liability of the Company, the scope of liability to be borne by the Company shall be limited to direct and ordinary damage which has actually incurred for reasons attributable to the Company.

Article 7 Intellectual Property Rights

1. The Company’s website, the Service and Affiliate Business (including contents and information included in them) and their reproductions are protected by laws and regulations and treaties concerning copyright and other intellectual property rights. The ownership, copyrights and other intellectual property rights of the Company’s website, the Service and Affiliate Business, their reproductions, alterations, secondary work and underlying software shall be retained by the Company or the right holder who has granted a license to the Company. The Affiliates will not, when performing Affiliate Business, acquire any rights or license pertaining to those intellectual property rights.
2. The Company respects other persons’ intellectual property rights and requires the Affiliates to follow the same. The Company may, if it considers the material relating to Affiliate Business infringes on an Affiliate’s copyright, inform the Company’s copyright designated representative and request him/her/it to eliminate such material (or access to material).

Article 8 Elimination of Anti-Social Forces

The Company blocks any relationship with an organized crime group, a company/group involved with an organized crime group, or anti-social forces equivalent thereto (hereinafter referred to as “Anti-Social Forces”) and members or related persons of Anti-Social Forces (hereinafter referred to as “Anti-Social Members, etc.”) and refuses to accept that Anti-Social Forces and Anti-Social Members, etc. be the Affiliates or otherwise they are involved in Affiliate Business in any form. For this purpose, the Affiliates shall perform Affiliate Business after having represented and warranted that they are not Anti-Social Forces or Anti-Social Members, etc., and that Anti-Social Forces and Anti-Social Members, etc. are not involved in Affiliate Business in any form. If the Company determines an Affiliate is Anti-Social Forces or Anti-Social Members, etc., or if an Affiliate conducts a transaction which indicates an Affiliate is Anti-Social Forces, or if any involvement of Anti-Social Forces and Anti-Social Members, etc. in Affiliate Business is suspected, the Company shall take such preventive measures as cease or invalidation of the transaction.

Article 9 Jurisdiction

These Terms and Affiliate Business shall be governed by the laws of Japan (without reference to conflict of laws regulations). The parties hereto shall consent to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance for the settlement of all claims and disputes between the Company or claims and disputes having certain relevance to the Affiliates’ Affiliate Business. To the Affiliates’ Affiliate Business, other local laws, domestic laws and international laws may apply along with the foregoing.

Article 10 Indemnification

The Affiliates shall indemnify and defend the Company and hold the Company harmless from any claim, cost, damage, loss, liability and expenses (including reasonable attorney’s remuneration and fee) arising from or in relation to a breach of these Terms by the Affiliates.

（Date of update: 2017/12/31）