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Terms and Conditions of the Free Sample and Refundable Sample Feature

1. The Sample Program provided by Shopee (the "Feature" or the "Program") allows eligible Shopee Affiliates ("Affiliates") to receive product samples from Sellers participating in the Affiliate Program for the purpose of creating promotional content for those products on Shopee Video, Shopee Live, or other social media platforms. 
 
2. The following terms and conditions govern an Affiliate’s participation in the Program and form an integral and inseparable part of Shopee's policies, including but not limited to Shopee's Terms of Service, Privacy Policy and the Shopee Affiliate Program Terms and Conditions for Individuals, which are incorporated by reference. 

3. The Program consists of two categories: 
a. Free Sample Program: Affiliates may submit requests to receive free product samples from Sellers at no cost. Sellers have sole discretion to approve or reject such requests. 

b. Refundable Sample Program: Affiliates may obtain product samples for promotional purposes without waiting for Seller approval with a chance to obtain refunds from the Seller for such product sample if the Affiliate achieves the order target determined by the Seller. 

 
Free Sample Program 
4. The Free Sample Program will be implemented in accordance with the following mechanisms and provisions: 
a. A Seller provides a selection of products that will be displayed in the Feature. 

b. An Affiliate can submit a request for products available on the Feature by clicking the "Request Now" button.

c. If the Affiliate's request for the product is approved by the relevant Seller, the product will be packaged and sent by the Seller directly to the Affiliate.

d. After the product is received by the Affiliate, the Affiliate is to promote the product under the following conditions:

i. The Affiliate must carry out promotion on at least one of the following channels: Shopee Live, Shopee Video, or the Affiliate’s social media; 

ii. Promotions conducted through Shopee Live and Shopee Video will be automatically monitored by Shopee and therefore do not require the Affiliate to submit separate Proof of Promotion to Shopee; and

iii. Promotions conducted through the Affiliate’s social media must include Proof of Promotion in the form of a link to the promotional content on the Affiliate’s social media corresponding to the agreed Product with the Seller, which must be submitted by the Affiliate to Shopee no later than 7 (seven) calendar days after the Product is received, or in accordance with the deadline applicable in a specific campaign/program determined by Shopee.

e. The Affiliate may only cancel a request for a product if the request has not been approved yet by the Seller.

f. Shopee will not be liable to accommodate the request for product return between Seller and Affiliate under any logistics service provider. Seller and Affiliate should directly discuss either by chat or the “Contact Affiliate” feature.

g. Any error/discrepancy between the product requested by the Affiliate with the one received by the Affiliate is not the responsibility of Shopee and/or the logistics service provider.

 
Refundable Sample Program 
5. The Refundable Sample Program will be implemented in accordance with the following mechanisms and provisions: 
a. Product Sample refers to a Seller's product sample that may be obtained by a Shopee Affiliate for the purpose of promoting the Product.

b. Affiliates may obtain Refundable Sample without waiting for Seller approval by making a purchase and payment for such Refundable Sample first to the Seller. The amount paid by the Affiliate to purchase the Refundable Sample may be refunded to the Affiliate in accordance with the provisions set out in these Terms and Conditions.

 

6. The Affiliate acknowledges and agrees that:

a. The Affiliate may submit a request for a Refundable Sample in the Affiliate channel (Affiliate Page), and Shopee shall assess and determine whether the Affiliate meets the eligibility requirements to obtain a Refundable Sample.

b. If the Affiliate meets the eligibility requirements to obtain the Refundable Sample, Shopee will approve the request, and purchase and payment may be made by the Affiliate using any available payment method in the Shopee Platform.

c. After the Refundable Sample has been shipped, the Affiliate will be eligible for a refund from the Seller upon successfully achieving the specified order target determined by the Seller for such Refundable Sample product, subject to the following conditions:

i. The order target calculation is determined based on the Affiliate's promotion channel: For Shopee Live and Shopee Video channels, the order target period begins when the Affiliate publishes content or conducts a livestream reviewing the Refundable Sample product after receiving the Refundable Sample. For social media channels, the order target period begins when the Affiliate receives the Refundable Sample.

ii. Order target achievement will be calculated based on valid orders of such Refundable Sample product through the Affiliate channel determined in (i), as verified by Shopee's system during the period specified by the Seller. Orders that are cancelled or refunded prior to order completion, or are identified by Shopee as invalid transactions or transactions that violate Shopee's policies, shall not be counted toward the order target. For the avoidance of doubt, orders that have been completed shall continue to be counted toward the order target notwithstanding any subsequent refund, return, or cancellation request by the buyer.

iii. Each Refundable Sample product may have a different order target requirement. Refunds will only be granted if the Affiliate has published promotional content and achieved the required order target within sixty (60) days from the date the Refundable Sample is received.

iv. If the Seller experiences an out-of-stock situation so that the buyer cannot purchase the product of the Refundable Sample during the target achievement period, the target achievement period may be extended as follows: 1) [1st Time Occurrence] Out-of-stock period of up to 3 days: target achievement period extended by 3 days. 2) [2nd Time Occurrence] Out-of-stock period of up to 3 days: target achievement period extended by 3 days. 3) [3rd Time Occurrence] The Refundable Sample order shall be automatically refunded to the Affiliate.

v. Refunds for the Refundable Sample purchased by the Affiliate will be processed automatically once the Affiliate has been verified as having achieved the required order target determined by the Seller. The refund to the Affiliate, as the purchaser, will be made using the same payment method used by the Affiliate for the original purchase (the "Original Payment Method") within one (1) to seven (7) days after the order target has been achieved and successfully verified by Shopee's system.

vi. If the order target is not achieved within the specified period, the Refundable Sample purchased by the Affiliate will no longer be eligible for a refund, and the payment made by the Affiliate will not be refunded. This provision shall not apply if the product received is defective or damaged, or if the Affiliate does not receive part or all of the requested products in line with the Shopee Return and Refund Policy.

 

Miscellaneous

7. There is no limit to the number of Refundable Sample requests an Affiliate may submit. However, an Affiliate may have a maximum of twenty (20) Free Sample requests. For the purposes of this limit, all Free Sample requests, including requests rejected by the Seller, shall be counted toward the maximum limit of twenty (20) requests for the same product.
 
8. Shopee reserves the right to suspend, terminate, cancel, and/or reclaim any products and/or benefits of the Program, discontinue the Program mechanism, and block fund withdrawals from Affiliate accounts suspected of engaging in fraudulent activities. 
 

9. Shopee reserves its right to assess and evaluate the use of Feature by the Affiliate. Shopee has the right to determine any indication of violation, abuse, and/or fraud committed during the use of the Feature. In the event that Shopee finds any indications of violation, fraud, and/or misuse of the Feature by the Affiliate, whether for reasons mentioned or not mentioned in these terms and conditions, Shopee may take the following actions:

a. Prohibiting Affiliate to use the Feature or participate in other Shopee programs and campaigns for affiliates;

b. Freezing the Affiliate's account, withholding or withdrawing Commissions and/or Bonuses that have been given to the Affiliate, and/or requesting the return of product from the Affiliate

c. Take other actions that have not been mentioned in these terms and conditions but are deemed necessary for Shopee to be taken to prevent or recover such violations, fraud, and/or abuse.

 
10. The Affiliate understands and agrees to be responsible for the payment of taxes under applicable law.
 
11. Shopee's decisions regarding all matters related to the Program shall be final and binding. Shopee reserves the right to amend these terms and conditions and/or terminate the Program at any time without prior notice. Shopee also reserves the right to suspend, terminate, cancel, and/or withdraw any products and/or benefits provided under the Program if Shopee detects any indication of fraud, abuse, or misuse of the Feature by the Affiliate.
 
12. In the event of any discrepancy between these terms and conditions and any marketing or promotional materials, these terms and conditions shall prevail.
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