Affiliate Terms of Use

Article 1 (Purpose)

Members (hereinafter referred to as "Members") who apply to participate in the affiliate program (hereinafter referred to as the "Program") operated by J-Plan Co., Ltd. (hereinafter referred to as "the Company") are deemed to have read, understood, and agreed to these Terms of Use.

Article 2 (Definitions)

"Site" Our website
"Partner Site" E-commerce/retail partners using affiliate tracking software
"Your Site" The site or application you link to
"Advertising Fee" Successful sales of products on partner sites using referral links by customers Commission earned for having caused and verified

Article 3 (Program Description)

The purpose of the program is to enable you to promote products on your site and earn advertising fees for qualifying purchases by end users (as defined in Article 9). "Products" means any items sold on the site except those explicitly defined as excluded products (collectively, "excluded products"). Products may also include certain services explicitly included.

Article 4 (Membership Registration)

To start the registration process, you must submit a complete and accurate program application. We will evaluate your application and notify you of acceptance or rejection. We may reject your application at our sole discretion, including if we determine your site is inappropriate. If we accept your application and later determine your site is inappropriate, we may terminate this operating agreement at any time at our sole discretion.

Article 5 (Links on the Site)

After being notified that your participation in the program has been approved, you may display special links on your site. "Special links" are links to partner sites placed on your site in accordance with this operating agreement, properly using the special "tagged" link format provided by us and complying with the affiliate program's link requirements. Special links enable accurate reporting and tracking of advertising fee generation.
You can earn advertising fees only for activities on partner sites that occur directly through special links as described in Article 9. If you fail to properly format links to partner sites on your site as special links, we are not obligated to pay you advertising fees. This may include reductions in advertising fees that would have been payable due to such failure. The program is provided to you under this operating agreement.

Article 6 (Program Requirements)

By participating in the program, you agree to comply with the affiliate program participation requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this operating agreement (collectively, the "operational documents").

If we determine that you are not complying with the requirements or restrictions stated on the program participation requirements page or other operational documents, or if we determine that you have otherwise violated this operating agreement, we may take the following actions (in addition to any other rights or remedies available to us).

Advertising fees payable to you under the operating agreement will be withheld.
Close other accounts you own or may open in the future without paying advertising fees.
Terminate this operating agreement.

Furthermore, you agree to the following.

Send emails related to the program from time to time.
Monitor, record, use, and disclose information obtained by us related to your site and visitors to your site in connection with the display of your special links (e.g., that a specific customer clicked a special link from your site before purchasing a partner's product) in accordance with the site's privacy notice.
Monitor, crawl, and conduct other investigations of the site to ensure compliance with this operating agreement and operating documents.

Article 7 (Your Responsibilities Regarding Your Site)

You are solely responsible for the development, operation, maintenance of the site, and all materials displayed on or within the site. For example, you are solely responsible for the following:

Technical operation of the site and all related equipment.
Display special links and content on your site in accordance with this operating agreement, operating documents, and agreements between you and other individuals or entities (including restrictions or requirements imposed on you by the individual or entity hosting the site).
Create and post materials to be displayed on your site (including all product descriptions and other product-related materials, as well as information included in or associated with special links) and ensure their accuracy, completeness, and appropriateness.
Use content, your site, and materials on or within your site in a manner that does not infringe, violate, or misuse our rights or the rights of other individuals or entities (including copyrights, trademarks, privacy, publicity, etc.).
Use content, your site, and materials on or within your site in a manner that is not harmful, harassing, profane, defamatory, obscene, pornographic, pedophilic, libelous, or otherwise inappropriate.
Accurately and appropriately disclose on the site how data collected from visitors is collected, used, stored, and disclosed, such as through a privacy policy. This includes, where applicable, that third parties (including us and other advertisers) may provide content, advertise, collect information directly from visitors, and place or recognize cookies in visitors' browsers.

We assume no responsibility for these matters or any claims related to your end users' billing. Furthermore, you agree that we, our affiliates, licensors, and each of our respective employees, officers, directors, and representatives shall have no liability for any claims, damages, losses, liabilities, costs, or expenses (including attorney fees) related to your site or materials displayed on your site (including your site or any combination thereof).

Article 8 (Order Processing)

We process product orders made by customers who follow special links from your site to the partner site. Since the partner site's requirements are updated from time to time, we reserve the right to reject orders that do not comply with the partner site's requirements. We track eligible purchases (as defined in Article 9) for reporting and advertising fee purposes and provide you with reports summarizing those eligible purchases.

Article 9 (Advertising Fees)

We pay advertising fees for eligible purchases. Regardless of the reason, if an overpayment is made to you, we reserve the right to adjust or offset that amount from subsequent advertising fees payable to you under this operating agreement. Subject to the exclusions set forth below, an "eligible purchase" occurs when:

When a customer accesses the partner site through a special link from your site.
When a customer adds a product to the shopping cart via these special links and completes the product order within 90 days from the first click.
When the product is shipped to the customer and payment is received.

A "session" refers to the period from the moment a customer accesses the partner site via a special link from the site until the first occurrence of any of the following: (a) 24 hours have passed since the click, (b) the customer orders a product, or (c) the customer accesses the partner site through a special link other than the special link.

The following are excluded from eligible purchases, and we do not pay advertising fees for the following.

Products added to the shopping cart from the partner site's special link from your site or products streamed or downloaded by the customer after the applicable session has expired.
Product purchases that are not properly tracked or reported due to improperly formatted links from the site to the partner site.
Products purchased by yourself, friends, relatives, or associates through special links, or products purchased on your behalf through special links (personal orders, orders for your own use).
Products purchased for any type of resale or commercial purpose.
Products purchased after the termination of this operational agreement.
Products that are canceled, returned, or refunded.

Affiliates are strictly prohibited from linking to or posting coupon codes on "coupon websites" and making eligible purchases. For the definition of coupon websites, see below.

Posting coupon offers on the website that use phrases like "Reveal Coupon Code" or similar, encouraging visitors to click to reveal the coupon code and access the partner's site.

Article 10 (Payment of Advertising Fees)

We pay advertising fees monthly, subject to the deductions outlined below for the applicable products (if any). We pay advertising fees within approximately 60 days from the end of each calendar month.

The advertising fees paid to you include all applicable taxes, goods and services tax, or any pre-stage tax deductions that the partner site may have paid, based on valid invoices you create and declare within the specified deadlines. You agree to comply with applicable legal provisions including, but not limited to, the following:

Issue GST-compliant invoices in a timely manner.
Provide invoices to 39drugstore.com.
Deposit of taxes applicable over a certain period.
This information will be properly reported to the government in accordance with tax laws.

If an incorrect invoice is issued for any reason, if there is a tax delinquency, incorrect reporting on statements, or if tax deductions are denied due to compliance with applicable laws, resulting in refusal or demand for tax payment from our company, you agree to indemnify and hold us harmless for the refused or collected taxes, including any imposed interest or penalties. When deducting taxes from advertising fees, we will issue the relevant tax payment certificates as required by law. If you provide a tax payment certificate for zero or reduced tax rates, the corresponding tax deduction rate will be applied to the advertising fees. You hereby agree not to pursue any claims against the partner site or its affiliates and waive all claims you may now or in the future hold.

Article 11 (Policies and Pricing)

Customers who purchase products through this program are considered customers of 39Drug Store in all activities related to it. Therefore, all pricing, sales conditions, rules, policies, and operating procedures related to customer orders, customer service, and product sales as stated by our company apply to customers and may be changed at any time.

Article 12 (Limited License)

Subject to the terms of this operating agreement, you grant a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to promote products on 39drugstore.com and provide end users with instructions to (a) copy and display content on the site; and (b) use trademarks and logos provided by us as part of the site only on your site in accordance with the affiliate program's trademark guidelines.

The license granted in this Article 12 automatically terminates immediately if you fail to timely comply with your obligations under this operating agreement or operating documents, or if this operating agreement is terminated. Furthermore, we may terminate all or part of the license granted under this Article 12 by providing you written notice. Upon termination of this license under Article 12 or at any other time upon our request, you must immediately remove, delete, or destroy all content from your site.

Affiliate Program Intellectual Property (IP) License ("License")

By agreeing to this operating agreement or accessing or using the proprietary application program interfaces and other tools provided to you (collectively called "PA API"), which includes access to or use of product advertising content (including data, images, text, and content) and other product-related information and content (defined as "product advertising content"), you agree to be bound by this license.
Subject to strict compliance with the terms of this license and the operating agreement (including this license and other operating documents), you grant a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display product advertising content on your site; (b) use only the marks provided as part of the product advertising content on your site in accordance with the affiliate program's trademark guidelines (unless otherwise specified in this operating agreement); and (c) access and use the PA API, data feeds, and product advertising content only according to specifications and this license.
The license provided in Article 12 automatically and immediately terminates if you fail to comply with your obligations under this operating agreement or if this operating agreement is terminated.

Article 13 (Reservation of Rights and Submissions)

Except for the limited license explicitly provided in Article 12 of this operating agreement related to the program, special links, link formats, content, PA API, data feeds, and product advertising content, we reserve all rights, title, and interest (including intellectual property rights and ownership) in domain names owned or operated by us, information and materials on partner or associate sites, trademarks and logos of us and our affiliates, and other intellectual property and technology (including application program interfaces, software development kits, libraries, sample code) provided or used in connection with the program, and you do not grant any ownership or interest in them. You agree not to assert any rights.

If you provide us or our affiliates with product proposals, reviews, modifications, data, images, text, or other information or materials related to this operating agreement, content, or program participation (collectively "submissions") and modify or alter the submissions in any way, you hereby irrevocably transfer all rights, title, and interest in the submissions to us free of charge. Even if you designate the submissions as confidential, you grant us a royalty-free, perpetual, paid, non-exclusive, worldwide, unlimited, transferable right and license. Specifically, you grant us the following rights:

To use, reproduce, perform, display, and distribute the submissions by any means.
To adapt, modify, and reformat. To create derivative works of the submissions for any purpose.
To use and disclose your name as credit in connection with your submissions (although we may have no obligation to do so).
To sublicense the above rights to third parties. Furthermore, you warrant the following:
The submissions are your original works or legally obtained.
The exercise of rights under the above license by us or our sublicensees does not infringe on the rights of other individuals or entities, including copyrights. You agree to provide us with necessary assistance to document, establish, or maintain rights in the submissions.
The submissions are your original works or legally obtained.
The exercise of rights under the above license by us or our sublicensees does not infringe on the rights of other individuals or entities, including copyrights. You agree to provide us with necessary assistance to document, establish, or maintain rights in the submissions.
The submissions are your original works or legally obtained.
The exercise of rights under the above license by us or our sublicensees does not infringe on the rights of other individuals or entities, including copyrights. You agree to provide us with necessary assistance to document, establish, or maintain rights in the submissions.

Article 14 (Compliance with Laws)

Program participants must comply with all applicable Japanese laws. This includes laws, regulations, rules, orders, licenses, permits, judgments, decisions, and other requirements. Participants must also comply with all requirements of government agencies applicable to them.

Article 15 (Term and Termination)

The term of this operating agreement begins when we approve your program application and ends when either you or we send a written termination notice to the other party. Either you or we may terminate this operating agreement at any time, for any reason. Upon termination of this operating agreement, all licenses you hold for the content automatically terminate, and you must immediately remove or destroy the content and other materials provided or made available in connection with the content and program from the site. We may withhold unpaid advertising fees for a reasonable period to ensure proper payment after termination (considering cancellations and returns). Upon termination of this operating agreement, the rights and obligations of the parties end, but the rights and obligations under Article 7 survive. Our unpaid payment obligations under this operating agreement survive termination. Termination of this operating agreement does not exempt the parties from liability for breaches or responsibilities arising before termination.

Article 16 (Amendments)

We reserve the right to change the terms of use outlined in this Operating Agreement (and all operational documents) at any time at our sole discretion. These changes may be implemented by posting change notices, revised agreements, or updated operational documents on partner sites or by sending notice of changes to the email address associated with the associate account. (Changes notified by email will be reflected within two business days from the date specified in the email and will be effective from that date.) Changes may include modifications to the affiliate program advertising fee schedule, participation requirements, payment procedures, or other program prerequisites. If you do not accept the changes, your sole remedy is to terminate this Operating Agreement. Continued participation in the program after the effective date of the changes (the date specified in the change notice, revised Operating Agreement, or revised operational documents on the partner site, or the date the email regarding the changes is received) will be deemed acceptance of the changes.

Article 17 (Relationship Between Parties)

You and we are independent contracting parties, and no part of this Operating Agreement or operational documents establishes a partnership, joint venture, agency, franchise, sales agency, or employment relationship between you and us or our affiliates. You have no authority to make any offers or representations on behalf of us or our affiliates. Do not make claims on this site or otherwise that contradict or may contradict this section. If you authorize, support, encourage, or promote actions related to the subject of this Operating Agreement to other individuals or organizations, you do so at your own risk.

Article 18 (Limitation of Liability)

We are not liable for indirect, incidental, special, consequential, or punitive damages (including loss of revenue, profits, reputation, use, data, etc.). Furthermore, our total liability arising from this Operating Agreement, the program, partner sites, and service provision shall not exceed the total amount of advertising fees.

Article 19 (Disclaimer)

The program, site, all products and services provided on the site, special links, link formats, operational documents, content, and trademarks and logos of our affiliates, as well as all technology, software, functions, materials, data, images, text, and other information and content provided or used by us, our affiliates, or licensors or on their behalf in connection with the program (collectively "Service Deliverables") are provided "as is." Neither we, our affiliates, nor licensors make any express, implied, legal, or other warranties regarding the service. No representations or warranties of any kind are made. Except as prohibited by applicable law, we, our affiliates, and licensors disclaim all warranties regarding the services provided. This includes implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, quiet enjoyment, and warranties arising from course of dealing, performance, or trade usage. We may, at our sole discretion, discontinue service provision at any time or change the nature, features, functions, scope, or operation of the service. Neither we, our affiliates, nor licensors guarantee that the service will be continuously provided, function consistently or as described, be uninterrupted, accurate, error-free, or free of harmful components. Neither we, our affiliates, nor licensors are liable for the following.

Errors, inaccuracies, or service interruptions. Power outages Including system failures.
Unauthorized access, alteration, deletion, destruction, damage, or loss of your site, data, images, text, or other information and content. Advice or information obtained by you from us, other individuals or organizations, or through the program, content, operational documents, or affiliate program site does not create any warranty not explicitly stated in this Operating Agreement. (Loss of expected profits or revenue, expected sales, goodwill, or other benefits; investments, expenditures, or commitments made by you related to this Operating Agreement or participation in the program)

Article 20 (Applicable Law and Disputes)

This Operating Agreement shall be governed by Japanese law, excluding conflict of law principles. The Fukuoka Court shall have exclusive jurisdiction over disputes related to this program or this Operating Agreement.

Article 21 (Miscellaneous)

You promise and warrant the following.

All confidential information is the exclusive property of Japan Drug.
You shall use confidential information only to the extent reasonably necessary to fulfill obligations under this Agreement and ensure that those with access to confidential information recognize and comply with this clause.
In other cases, do not disclose confidential information to individuals, companies, or other third parties outside of affiliated companies.

You acknowledge and agree that we may, at our sole discretion, provide or submit information related to you under this Operating Agreement to judicial, quasi-judicial, governmental, regulatory, or other authorities as selected, cooperated with, or followed by them. This includes the understanding that this may be done to meet requirements under applicable laws.