These Terms and Conditions govern the Affiliate Program made available by Diamond Age Institute, LLC, dba Gemisphere.com (“Gemisphere” or “Gemisphere.com” or "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between Gemisphere.com and the individual or entity (the "Affiliate," or "you") participating in the Affiliate Program (collectively, the “Agreement”).

Please read these Terms and Conditions carefully, as they represent a legally binding agreement between you and Gemisphere.com. By submitting your application and participating in the Affiliate Program, you agree to comply with all terms and conditions set forth in this Affiliate Agreement. Gemisphere.com may terminate your Affiliate Account at any time, with or without notice and for any reason, including conduct in breach of this Agreement or conduct harmful to Gemisphere’s business, reputation, or third parties.

Gemisphere.com will provide the Affiliate with specific Referral Links to link products, pages, and other marketing content to Gemisphere.com. Refersion.com (a referral tracking software) will track users who have visited these Referral Links using cookies which expire after thirty (365) days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.

Affiliates are automatically placed in the original Affiliate Program and may advance to the PRO program based on Gemisphere’s discretion. The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. The Affiliate agrees and acknowledges that Refersion.com and Gemisphere.com are not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies, nor orders incorrectly placed by an affiliate's followers/clients/customers associated due to a browser issue, cookie expiration, or inadvertent use of the wrong link.

Gemisphere pays out Affiliate commissions on the last calendar day of each month, no earlier than forty-five (45) days after a referred purchase is completed. To qualify for payout (“Eligible Referral”), all the following criteria must be met:

1. The order payment is received in full from the referred customer.

2. The referral's account is active and in good standing.

3. The referral’s payment has not been refunded, charged back, or reversed.

4. The referral’s purchase excludes items on Gemisphere’s commission exclusion list (see Section 2.1).

For up to one year after a customer’s first purchase using the referral code or link, the Affiliate will receive 10% of any additional purchases made by the same customer. Affiliates in the Affiliate Program PRO will earn 15% under the same terms (excluding shipping, handling, taxes, and commission-excluded items). Payments are made via PayPal to the email address specified in the Affiliate Dashboard. Affiliates are responsible for providing accurate payment details, and delays caused by inaccurate details are the Affiliate’s responsibility.

Affiliates who refer other Affiliates, and whose referred Affiliates generate $5,000 or more in revenue through qualifying purchases, will automatically be upgraded to the Affiliate Program PRO. This upgrade grants access to the enhanced commission rate of 15% for a period of one year, subject to all other terms and conditions of the Affiliate Program.

Gemisphere reserves the right to delay payment for suspicious activity and may void or recalculate commissions arising from fraudulent or wrongful conduct.

Orders ineligible for commissions include purchases made by the Affiliate, their employees, or immediate family members. Affiliates may not use the program to self-enroll or receive commissions on personal transactions.

Attributed discounts from referral codes or links cannot be combined with sale items. If purchases include both sale and non-sale items, the referral discount will be applied only to the non-sale items in the same order. The entire order amount, however, will still be eligible for commission.

Gemisphere is not liable for refunds, chargebacks, or adjustments resulting from disputes with referred customers. Affiliates assume all risks associated with customer disputes.

Purpose and Importance: Understanding and complying with Refersion's terms, which manage and track your affiliate activities, is crucial. This involves being clear about the financial incentives you receive from using coupon codes, as these must also be disclosed in your posts.

Integration with Instagram Activities: When using Refersion coupon codes in your posts, it is essential to clearly disclose any financial incentives associated with these codes. This ensures compliance with FTC guidelines, maintaining transparency about how you benefit from your followers' purchases.

Example Disclosure: "Don't forget you can use my special code for a 20% discount at Gemisphere. I'll earn a commission from purchases you make, which helps me continue to bring you valuable content. Thank you for your support! #ad #GemispherePartner"

As a Gemisphere affiliate, when you create and share content featuring our products, you play a crucial role in our marketing strategy. By agreeing to this section, you grant Gemisphere the rights to use your created content for broader marketing purposes, which helps us amplify our brand message and connect with a wider audience.

Here’s how we may use your content:

• Reposting on Social Media Platforms: Your content may be featured across our social media accounts (Instagram, Facebook, TikTok, and Pinterest). This includes direct posts, stories, or other formats that help showcase your experiences with our products to our followers.

• Use in Online Advertisements: We may use your photos, videos, and testimonials in our digital advertising efforts. This could include display ads, sponsored posts, or video ads on platforms such as YouTube or Google Ads, helping to attract new customers who might resonate with your authentic use and appreciation of our products.

Gemisphere grants Affiliates a limited, non-exclusive license to use authorized logos, banners, and marketing materials (“Authorized Content”) solely to promote Gemisphere’s services. This license expires immediately upon termination of the Affiliate Program.

Affiliates may only use Authorized Content in professional, lawful marketing activities on channels they own or control (e.g., personal websites, email lists, or social media accounts). Affiliates are strictly prohibited from advertising Gemisphere products on coupon sites or deal platforms.

Medical Disclaimer

IMPORTANT NOTICE: Affiliates are strictly prohibited from making any medical, therapeutic, or health-related claims about Gemisphere products. Gemisphere products do not constitute medical advice, treatment, or diagnosis, nor are they a substitute for professional medical advice or treatment. Affiliates may not make any statements about the properties or benefits of Gemisphere products unless such statements are directly supported, approved by, or provided by Gemisphere. Any violation of this clause will result in immediate termination of the Affiliate’s account and forfeiture of commissions.

Affiliates must ensure that all marketing and promotional activities comply with applicable laws, regulations, and guidelines, including FTC disclosure requirements. Affiliates must disclose financial relationships with Gemisphere in all promotional content (e.g., using #ad or #sponsored).

Gemisphere reserves the right to require Affiliates to modify or remove any advertisements and may use Affiliate-created content for its own promotional purposes. Affiliates are prohibited from establishing sub-affiliate relationships. 

Affiliates are liable for any reputational harm caused to Gemisphere through misleading or unlawful advertising practices.

This Agreement begins upon Gemisphere’s acceptance of the Affiliate’s application and continues until terminated by either party. Termination may occur at any time, with or without cause, upon written notice. Upon termination, the Affiliate must:

• Cease use of all Referral Links and Authorized Content.

• Remove all Gemisphere trademarks, logos, and materials from their platforms.

• Destroy or delete all physical and electronic copies of Gemisphere’s intellectual property.

Gemisphere may withhold final payments for a reasonable period to verify transactions. 

Termination for breaches of intellectual property misuse or fraudulent activity will result in immediate forfeiture of all pending commissions.

Any disputes arising under this Agreement shall be resolved through binding arbitration in the State of Oregon in accordance with the rules of the American Arbitration Association. The prevailing party in arbitration shall be entitled to recover reasonable attorneys' fees and costs.

8. Affiliate Agreement Acknowledgment

When you sign up to our Affiliate Program, we receive some personally identifiable information about you, such as your email address, first name, and last name. This is the information that you include in the signup form to join our Affiliate Program. 

So, what do we do with your information?

Simply put, we do not share or rent your personal information to third parties. However, we may share your personal information with third parties when we use their services. These includes PayPal, Shopify, and Klaviyo. Klaviyo is an email services. We may store your email address in our subscriber list and can send you periodic emails about our products, new releases, promotions, and anything else that can help you with your Affiliate marketing. You can unsubscribe from these emails at any time.

Also, please note that when you sign up to our Affiliate program, you are also registered as an Affiliate in Refersion.com’s database. Refersion.com is the software that we use to track your Affiliate orders and to pay your commissions. The team at Refersion.com may also send you periodic emails that can help you perform affiliate marketing more efficiently. You can unsubscribe from these emails at any time.