Effective Date: 2024-06-12

Each participant in the Affiliate Program (the “Affiliate”) offered by LaLoka Labs LLC (the “Merchant”) for services on kafkai.com (the “Site”), facilitated by Rewardful (the “Provider”), expressly agrees to all terms outlined in this Affiliate Agreement (the “Agreement”).

1. Affiliate Responsibilities

1. Compliance with Laws and Policies
   1. The Affiliate must not send unsolicited emails and must comply with the CAN-SPAM Act an all applicable laws and regulations.
   2. The Affiliate must not publish or link to the Site from any website containing adult, gambling, or offensive content.
   3. The Affiliate must abide by all the terms and conditions of the Provider.
2. Prohibited Marketing Practices
   1. The Affiliate must not bid on or use the Merchant’s trademarked terms or names in paid advertising (e.g., Google, Bing, Facebook).
   2. The Affiliate must not use or register domain names incorporating the Merchant’s trademarks or similar terms.
   3. The Affiliate must not disparage or misrepresent the Site (e.g., using words such as “scam” or “rip-off”).
   4. The Affiliate must not use bots, microworkers, or other deceptive means to send non-converting website traffic.
   5. The Affiliate must not use direct/bare affiliate links in promotional emails; use a link shortener or internal redirect.
   6. The Affiliate must not use the affiliate link for self-referrals.
3. Technical Requirements
   1. The Affiliate is solely responsible for ensuring that the Affiliate Link is set up correctly.
   2. For a sale to generate a commission, the referred customer must complete a payment through the Site’s checkout process after clicking the correctly tracked link.

2. Affiliate Relationship

1. The relationship between the Merchant and the Affiliate is that of independent contractors.
2. Nothing in this Agreement creates any partnership, franchise, or employment relationship between the parties.

3. Commission and Payment

1. Program Details
   1. Commission rates, minimum payout, cookie duration, and other technical information are defined at the Affiliate Program page.
2. Payment
   1. The Merchant determines the payment schedule and methods.
   2. The Affiliate is solely responsible for fulfilling any local, regional, or national tax obligations arising from commission earnings; the Merchant bears no responsibility for such obligations.
3. Customer Relations
   1. Customers who purchase through the Affiliate Link are deemed Merchant customers.
   2. The Merchant is responsible for all customer service, refunds, and cancellations.

4. Commission Adjustments

   If a referred customer receives a refund, chargeback, or cancellation, the Merchant may deduct the corresponding commission from the Affiliate's future payments or request repayment. Commission adjustments may be made for up to ninety (90) days after the original transaction. If adjustments result in a negative balance, the amount will be deducted from future earnings before new payments are made.

4. Intellectual Property

1. Merchant trademarks, trade names, and associated materials remain the exclusive property of the Merchant.
2. The Affiliate may only use such materials with the Merchant’s express written permission and solely in accordance with this Agreement.

5. Term and Termination

1. Term
   • This Agreement is effective from the moment the Affiliate creates an account to participate and remains in force until terminated by either party.
2. Termination
   • The Merchant may suspend or terminate the Affiliate’s participation for any violation of this Agreement.
   • Upon termination for breach, the Affiliate forfeits any unpaid commissions.

6. Limitation of Liability

1. The Merchant is not liable for indirect, special, or consequential damages (including loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program.
2. The Merchant makes no express or implied warranties regarding the Affiliate Program or the Affiliate’s potential to earn income.

7. Governing Law and Dispute Resolution

1. This Agreement is governed by and construed under the laws of Japan.
2. All disputes arising from this Agreement fall under the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court.

8. Modifications and Policy Updates

1. Policy updates are published on this page, and the Affiliate is encouraged to review it periodically.
2. The Merchant may modify this Agreement at any time. Continued participation in the Affiliate Program after any modification indicates the Affiliate’s acceptance of the revised terms.

9. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, government actions, or internet outages. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If such circumstances continue for more than sixty (60) days, either party may terminate this Agreement with written notice.

10. Miscellaneous

In the event of any discrepancy or conflict between language versions of this Agreement, the English version shall prevail.

11. Acceptance of Agreement

1. By creating an account or otherwise participating in the Affiliate Program, the Affiliate accepts all terms of this Agreement.
2. The Affiliate’s continued participation in the program signals agreement with the most current version of this Agreement.