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EP JEWELS by Evangelina Petrakis Brand Ambassador Program Operating Agreement —

Updated: November 22, 2022

This EP JEWELS Brand Ambassador Program Operating Agreement (“Operating Agreement”) contains the terms & conditions that govern your association with and/or participation in the EP JEWELS Brand Ambassador Program (the “Program”). “We,” “us,” or “our” means EP JEWELS LLC & GoAffPro.com. “You” or “your” means the applicant. A “site” means a website. “Partner Site” means the e-commerce/retail partner using the goaffpro affiliate tracking software - EPJEWELS.CO. “Your site” means any site(s), including but not limited to: Instagram, TikTok, YouTube, Snapchat, Facebook and/or any other social or other form of media and/or software application(s) that you link to EPJEWELS.CO. "Advertising Fees" means commissions earned for a successful and verified sale of product on EPJEWELS.CO by a customer using your personalized discount code and/or referral link. 

1. Description of the EP JEWELS Brand Ambassador Program

The purpose of the EP JEWELS Brand Ambassador Program is to permit you to promote EPJEWELS.CO on your site(s) and to earn monthly commission (as well as any qualifying bonuses) for Qualifying Purchases (defined in Section 7 below) made by your end users. A “Product” is any item sold on EPJEWELS.CO, Product may also include services (if any) expressly included on the Affiliate Program Commissions Schedule. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, video, and other linking tools, and other information in connection with the EP JEWELS Brand Ambassador Program ("Content"). You may use your own creativity to create FRIENDLY Content promoting EP JEWELS.CO and its PRODUCTS consistent with the terms of this Operating Agreement and EP JEWELS LLC to be posted, shared, uploaded etc. onto your site. 

2. Apply

To begin the application process, you must submit a complete and accurate EP JEWELS Brand Ambassador Program application. You must identify your site in your application. EP JEWELS LLC will review your application and notify you of its acceptance or rejection via email. EP JEWELS LLC may reject your application in our sole discretion including if EP JEWELS LLC determines that your site is unsuitable. Unsuitable sites include those that:

(a) promote or contain sexually explicit materials;

(b) promote violence or contain violent materials;

(c) promote or contain offensive, libelous or defamatory materials;

(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

(e) promote or undertake illegal activities;

(f) include any trademark EPJEWELS.CO or its affiliates, or a variant or misspelling of EPJEWELS.CO or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or

(g) otherwise violate intellectual property or other proprietary rights.

If EP JEWELS LLC rejects your application, you may reapply at any time. However, if EP JEWELS LLC accepts your application and we later determine that your site is unsuitable, EP JEWELS LLC may terminate this Operating Agreement at any time in our sole discretion.

You will ensure that the information in your EP JEWELS Brand Ambassador Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and current. At its option, EP JEWELS LLC may send notifications, approvals, and other communications relating to the EP JEWELS Brand Ambassador Program and this Operating Agreement to the email address then-currently associated with your EP JEWELS Brand Ambassador Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Links on Your Site

After you have been notified that you have been accepted into the EP JEWELS Brand Ambassador Program, you may display Special Links on your site. “Special Links” are links to EPJEWELS.CO that you place on your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats we provide, and that comply with the EP JEWELS Brand Ambassador Program permit accurate tracking, reporting, and accrual of advertising fees.

You may earn monthly commission — as described in Section 7 and only with respect to activity on EPJEWELS.CO occurring directly through Special Links. EP JEWELS LLC will have no obligation to pay you commission fees if you fail to properly format the links on your site to EPJEWELS.CO as Special Links, including to the extent that such failure may result in any reduction of commission fee amounts that would otherwise be paid to you under this Operating Agreement.

4. Program Requirements

By participating in the EP JEWELS Brand Ambassador Program, you agree that you will comply with this Operating Agreement and the EP JEWELS Brand Ambassador Program Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation”).

You will provide EP JEWELS LLC with any information that we may, from time to time, request to verify your compliance with this Operating Agreement or any Operational Documentation. If EP JEWELS LLC determines, in its sole discretion, that you have not complied with any term, requirement or restriction described on the Associates Program Participation Requirements page or any other Operational Documentation or that you have otherwise violated this Operating Agreement, EP JEWELS LLC may (in addition to any other rights or remedies available to us) undertake any or all of the following actions: (a) withhold any advertising fees payable to you under this Operating Agreement; (b) close any other accounts you may have or may open in the future, without payment of any advertising fees; or (c) terminate this Operating Agreement. In addition, you hereby consent to EP JEWELS LLC, from time to time:

• sending you, directly or through a third party, emails or other communications relating to the EP JEWELS Brand Ambassador Program;
• monitoring, recording, using, maintaining and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links (e.g., that a particular customer clicked through a Special Link from your site before buying a Product on EPJEWELS.CO) in accordance with the Privacy Notice; and
• monitoring, crawling, auditing and/or otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.

 

5. Responsibility for Your Site

You will be solely responsible for your site, including its development, operation, and maintenance and all information, communications, content and/or materials that are associated with your site or that otherwise appear on or within it. For example, you will be solely responsible for:

• the technical operation of your site and all related equipment;
• displaying Special Links and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);
• creating and posting, and ensuring the accuracy, completeness and appropriateness of, materials posted on your site (including, without limitation, all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);
• using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
• using the Content, your site, and the materials on or within your site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any manner whatsoever;
• disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers; and
• any use that you make of the Content and the GoAffPro Marks, whether or not permitted under this Operating Agreement.

 

EP JEWELS LLC shall have NO responsibility or liability arising from or relating to the these matters or for any of your or your end users’ claims arising from or relating to these matters, and you shall defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives and agents, harmless from and against all claims, damages, losses, liabilities, costs and expenses (including attorneys’ fees) arising from or relating to (a) your site or any content, communication, information or materials that are associated with or otherwise appear on or within your site, including, without limitation, the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation and your violation of applicable laws, rules and/or regulations; or (e) your or your employees' negligence, gross negligence, fraud, intentional or willful misconduct.

6. Order Processing

EP JEWELS LLC will process Product orders placed by customers who follow Special Links from your site to EPJEWELS.CO. 

EP JEWELS LLC reserves the right to reject orders that do not comply with any requirements on EPJEWELS.CO, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Purchases.

7. Advertising Fees

EP JEWELS LLC will send its ambassadors commission payments in accordance with Section 8 and the Affiliate Program Commissions Schedule. In the event any excess payment has been made to you for any reason whatsoever, EP JEWELS LLC reserves the right to adjust or offset the same against any subsequent advertising fees payable to you under this Operating Agreement. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when ALL of the following (three) actions are completed: (1) a customer clicks through a Special Link on your site to EPJEWELS.CO; (2) during a session, a customer adds a Product(s) to his or her shopping cart and places the order for that Product(s) by (3) successfully paying for the product(s) on/to EPJEWELS.CO via your Special Link. 

Qualifying Purchases exclude, and EP JEWELS LLC will NOT pay commission on any of, the following:

 

• any Product purchase that is not correctly tracked or reported because the links from your site to EPJEWELS.CO are not properly formatted;
• any Product purchased for resale or commercial use of any kind;
• any Product purchased after termination or expiration of this Operating Agreement;
• any Product order where a cancellation, return, or refund has been initiated.

8. Commission Payment

You will earn commission on a monthly basis for Qualifying Purchases shipped in a given month, subject to any applicable withholding or deduction described below. 

EP JEWELS LLC will pay you undisputed commission payments due and owing within approximately 60 days following the end of each calendar month. 

NOTE: A 60 day time period is considered as and for any returns and or charge backs that may occur from a customer who has previously used your Special Links during a purchase but thereafter either changes his/her mind or disputes a charge of payment, etc. 

9. Policies & Pricing

You understand and agree that Customers who buy products as a result of or through this EP JEWELS Brand Ambassador Program are customers of EPJEWELS.CO with respect to all activities they undertake in connection with EPJEWELS.CO. Accordingly, as between you and EP JEWELS LLC, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on EPJEWELS.CO will apply to those customers, and the same may be changed at any time.

10. Identifying Yourself as an EP JEWELS Brand Ambassador 

You agree that you will not issue any press release or make any other public statement or communication (whether in writing, electronically orally or any other or) with respect to this Operating Agreement and or your use of the Content, or your participation in the EP JEWELS Brand Ambassador Program. You will not misrepresent or embellish (EPJEWELS.CO) and/or EP JEWELS LLC and or the relationship between EP JEWELS LLC and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any person, entity, charity or other cause or mission, unless otherwise first agreed to and approved in writing by EP JEWELS LLC (which approval may be withheld, conditioned or delayed at our sole discretion), or express or imply any relationship or affiliation between EP JEWELS LLC and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly and visibly include or state the following on your site: “[Insert your name] is a participant in the GoAffPro Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn commission by promoting and linking to EPJEWELS.CO”

11. Limited License

1. Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, EPJEWELS.CO in connection with the EP JEWELS Brand Ambassador Program, we hereby grant you a limited, revocable, non-transferable, non-sub licensable, non-exclusive, royalty-free license to: (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that EP JEWELS LLC may make available to you as part of Content (those trademarks and logos, collectively, “GoAffPro Marks”) solely on your site and in accordance with the EP JEWELS Brand Ambassador Program Trademark Guidelines
2. All licenses set forth in this Section 11 will immediately and automatically terminate if at any time you violate or breach this Operating Agreement or otherwise if you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination or expiration of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part in our discretion at any time and for any reason upon notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and GoAffPro Marks with respect to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.
3. Associates Program IP License (“License”)
1. By accepting the Operating Agreement, or by accessing or using the Product Advertising Content (as defined hereinafter), including the proprietary application programming interfaces and other tools (collectively, the “PA API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by and to comply with this License.
2. Subject to the terms of this License and solely for the limited purposes of participation in the Associates Program in strict compliance with the Operating Agreement (including this License and the other Operational Documentation), we hereby grant you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to: (a) copy and display Product Advertising Content solely on your Site; (b) use only those of the GoAffPro Marks we make available to you as part of the Product Advertising Content, solely on your Site and in accordance with the Associates Program Trademark Guidelines, unless otherwise provided for in this Operating Agreement, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in accordance with the Specifications and this License.

12. Reservation of Rights; Submissions

Other than the limited licenses expressly set forth in Section 11, EP JEWELS LLC reserves all right, title and interest (including, without limitation, all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or the License hereunder otherwise, acquire any ownership interest or rights in or to, the EP JEWELS Brand Ambassador Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on EPJEWELS.CO or the Associates Site, our affiliates’ trademarks and logos, and any other intellectual property and technology that we provide or use in connection with the EP JEWELS Brand Ambassador Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

13. Compliance with Laws

In connection with your participation in the EP JEWELS Brand Ambassador Program you will comply with all applicable laws including, but not limited to, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental or other authority that has jurisdiction over you.

14. Term and Termination

The term of this Operating Agreement will begin upon EP JEWELS LLC's acceptance of your EP JEWELS Brand Ambassador Program application and will end when terminated by either you or EP JEWELS LLC, EPJEWELS.CO.

Either you or EP JEWELS LLC may terminate this Operating Agreement at any time, with or without cause, by giving the other party written (email being sufficient) notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and promptly remove from your site and delete or otherwise destroy all links to EPJEWELS.CO, all other Content, and any other materials provided or made available by or on behalf of EP JEWELS LLC to you under this Operating Agreement or otherwise in connection with the EP JEWELS Brand Ambassador Program.

EP JEWELS LLC may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns) See Section 8 above. 

15. Modification

EP JEWELS LLC may modify or amend any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting and/or emailing a change notice, revised agreement, or revised Operational Documentation by sending notice of such modification to you, which may be by email to the email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Participation Requirements, payment procedures, and other EP JEWELS Brand Ambassador Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS OPERATING AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE EP JEWELS BRAND AMBASSADOR PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

16. Limitation of Liability

IN NO EVENT SHALL EP JEWELS LLC, EPJEWELS.CO BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING FROM OR RELATING TO THIS OPERATING AGREEMENT, THE PROGRAM, OR OPERATIONAL DOCUMENTATION. FURTHER, OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO  THIS OPERATING AGREEMENT, THE PROGRAM, EPJEWELS.CO AND/OR THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID OR PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

17. Disclaimers

THE EP JEWELS BRAND AMBASSADOR PROGRAM, EPJEWELS.CO, ANY PRODUCTS AND SERVICES OFFERED ON EPJEWELS.CO, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, AND EP JEWELS LLC AFFILIATES’ TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, VIDEOS, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF EP JEWELS LLC OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE EP JEWELS BRAND AMBASSADOR PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER EP JEWELS LLC NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, EP JEWELS LLC AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. EP JEWELS LLC MAY, IN ITS SOLE DISCRETION AND AT ANY TIME,  DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION. NEITHER EP JEWELS LLC NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER EP JEWELS LLC NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM EP JEWELS LLC OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE EP JEWELS BRAND AMBASSADOR PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE GOAFFPRO SITE, OR THE AFFILIATE-PROGRAM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT. FURTHER, NEITHER EP JEWELS LLC NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE EP JEWELS BRAND AMBASSADOR PROGRAM, OR (Z) ANY TERMINATION OF THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE EP JEWELS BRAND AMBASSADOR PROGRAM.

18. Governing law and Disputes

This Operating Agreement, any course of conduct, course of dealing and the relationship hereunder shall be governed, enforced, construed and interpreted in accordance with  the laws of the State of New York, without regard to the principle of conflict of laws. The Courts of the State of New York, County of Nassau shall have the sole and exclusive jurisdiction over any dispute relating or arising in any way from the matter under the Program or this Operating Agreement. You expressly agree and acknowledge that the Supreme Court of the State of New York, County of Nassau and the United States District Court for the Eastern District of New York, Central Islip Courthouse, shall each have exclusive and sole jurisdiction and venue for any respective state or federal actions arising from, relating to, or in connection with this Operating Agreement, or any course of conduct, course of dealing, statement, or actions of either party.

Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights without the need to post a bond. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

19. Relationship of Parties & Tax Filing Responsibility

UPON CHECKING THIS EP JEWELS BRAND AMBASSADOR TERMS & CONDITIONS BOX, YOU AGREE THAT YOU ARE AN INDEPENDENT CONTRACTOR.

**** NOTHING in this Operating Agreement, Operational Documentation or ANY correspondence, including but not limited to any hear-say and/or verbal promise, shall create and/or constitute ANY partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and EP JEWELS LLC or our respective affiliates. ****

As an independent contractor, you agree that you are SELF-EMPLOYED and that the earnings of a person who is working as an independent contractor are subjected to self-employment tax.

Who's required to fill out a form W-9 ? 

Once accepted as an EP JEWELS Brand Ambassador, you, as an independent contractor will be provided with a blank form W-9. This form MUST be completed & returned to contact@epjewels.co & MUST include your full legal name, address, social security number and/or tax ID number.

As an independent contractor & if you have earned more than $600 USD in your annual commission payments, EP JEWELS LLC will provide you will a completed form 1099 by end of January. This form 1099 will include your personal information as well as your annual earned commission income — for your personal income tax filings. 

20. Miscellaneous 

EP JEWELS LLC may modify this EP JEWELS Brand Ambassador Application Policy at any time and in our sole discretion by posting a change notice or a revised EP JEWELS Brand Ambassador Application Policy on EPJEWELS.CO and/or via email to you. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE EP JEWELS BRAND AMBASSADOR PROGRAM. YOUR CONTINUED INCLUSION OF SPECIAL LINKS IN YOUR APPROVED MOBILE APPLICATION FOLLOWING OUR POSTING OF A CHANGE NOTICE OR A REVISED EP JEWELS BRAND AMBASSADOR APPLICATION POLICY ON EPJEWELS.CO WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

BY CHECKING THIS BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON EPJEWELS.CO, AND/OR VIA EMAIL, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE EP JEWELS BRAND AMBASSADOR PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR OR IF YOU ARE UNDER 18 YEARS OLD,  A MINOR, YOU WILL HAVE CONSENT BY A PARENT/GUARDIAN PROVIDED UPON APPLYING) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

EP JEWELS LLC reserves the right, in its sole discretion, to take appropriate action against any alleged or actual breach of this Agreement and/or unauthorized or non-conforming use of EP JEWELS Brand Ambassador Application Policy.