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Beauty21 Affiliate Program Terms and Conditions

Please read and review this entire agreement. This is a legally binding agreement between you (hereinafter “affiliate,” “you,” or “your”) and Beauty 21 Cosmetics, Inc. (hereinafter “Beauty21,” “we,” “our,” or “us”). By filling out the Beauty21 Affiliate Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.

1. Submitting Your Application

Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in the Beauty21 Affiliate Program is to legally advertise our website to receive commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your website is unsuitable for any reason.

2.1. Affiliate Obligations

 

2.1. Once your application is approved, we may re-evaluate your application at any time to determine in our sole discretion the ongoing affiliate status. The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:

  • False advertisements concerning Beauty21;
  • Spamming using your affiliate link;
  • Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law;
  • Harassment or intimidation of others on your website;
  • Content deemed to be graphic or explicit by Beauty21;
  • Promotion of illegal activities;
  • Usage of technology to potentially divert commission from other affiliates in our program

2.2. No Solicitation. You may not use any offerings in connection with aggregating, soliciting or recruiting other promoters, advertisers, affiliates, other sites or other persons to form or join a marketing, advertising or affiliate

2.3. No Reverse Engineering. You will not make unauthorized modifications, reverse engineer, disassemble, decompile or attempt to derive source code of any of our offerings, technology, products, or proprietary information or

2.4. No Hacking. You agree not to hack, abuse, adversely interfere with, infect with viruses, worms or other malicious or destructive code, or use or cause to be used in extraordinary and unreasonable or inappropriate ways or amounts, any Offerings, including any servers, bandwidth supply, equipment, software and other technological resources provided by

2.5. No Interference. You may not, through downloadable or other technology, replace, intercept, redirect, block, alter or otherwise interfere with the full functioning and intended actions of any link or other channel that has been placed or distributed by another affiliate including any action that would in any way prevent the behavior or result that would occur or would have occurred had an end user activated such link or purchase without your

2.6. No Infringing Uses. You may not use any name, trademark, service mark, domain name or other intellectual property rights of any third party in connection with your use of any Beauty21 resources, in any way or for any purpose that infringes or violates any intellectual property rights or other rights of such third party, whether or not for the purpose of increasing the levels of traffic or activities attributable to your

2.7. No Fraud. You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with your participation of Beauty21’s affiliate

2.8. Beauty21 reserves the right to review your placement and approve the usage of your affiliate links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate (see condition 2.1). You may not use your own link to make purchases. You will not earn commission from orders placed under your affiliate link by customers residing in your household. You may not knowingly allow others to repeatedly use your affiliate link to earn commission.

2.9. Site Maintenance. The maintenance and updating of your site is your responsibility. We may monitor your site as necessary to ensure your content is up to date and notify you of any changes that should be made to help your affiliate performance. Your affiliation can be terminated if we find your site has not been updated in over 1 year. A written notice will be given via email if we find your site outdated. You will have 48 hours to respond with an updated site before your affiliation is

2.10. Independent Contractor. You agree that you are an independent contractor, not a vendor, nor a distributor, nor a supplier, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Beauty21. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this

3. Promotion Restrictions. While you are free to market Beauty21 on your own site, the promotion of the Beauty21 brand could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by Beauty21. Please abide by the following guidelines when planning your marketing efforts:

3.1. Prohibited Use. The term “L.A. Girl USA” or any variation of the same, may not be used as a part of an Affiliate’s actual website domain name, blog name, Facebook account username, YouTube channel username, Twitter username or any URL associated with the affiliate account. For the avoidance of doubt, an affiliate may use the term “L.A. Girl USA” in posts, comments, lists, promotions, or on their website, blog, Facebook, YouTube, Twitter, etc, so long as the term is not part of the actual name of the website, username or account name of the

3.2. FTC Guidelines & Spamming. Advertising commonly referred to as “spamming” is unacceptable to Beauty21 and could damage our name. Affiliates must abide by all state and federal consumer protection laws and regulations including the Federal Trade Commission Act and the CAN-SPAM Act. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed.” We strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any non-compliant affiliates. Any pending commissions owed will not be paid if your account is terminated due to spamming or solicitation.

3.3. Unsolicited Commercial Email (UCE). You may use mailings to contact your customers so long as the recipient is already a customer or subscriber of your services or website and the recipient has the option to opt-out of future mailings for

3.4. Copyright and Trademark Infringement. Beauty21 reserves the rights to seek legal action against wholesalers and affiliates that infringe our copyrights and registered trademarks, or that replicate our product designs under a different brand. Affiliates acknowledge that they will not promote, manufacture, distribute or sell any products which replicate the designs of products that are exclusive to Beauty21. Beauty21 will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit Beauty21

3.5. Paid Search Policies. Bidding at larger pay per click search engines (PPCSE), such as Google, Yahoo, and Bing!, is a great way to drive traffic to your website and thereby increase your commissions by increasing sales. Affiliates engaging in paid search marketing campaigns must adhere to the following terms and requirements:

  • 3.5.1. Beaty21 protects its trademark and does not allow any trademark bidding on any search engine or paid placement service or site. This includes, but is not limited to Google, Yahoo, Bing!, Ask and other similar services. Affiliates may not bid on trademarked or registered terms and products or any phrase type, misspelling, variation or combination Any affiliates found to be trademark violators will be banned from the Beauty21 Affiliate Program. Affiliate will be contacted prior to the ban, however we reserve the right to ban any trademark violator from the Beauty21 Affiliate Program without prior notice, and on the first occurrence of PPC bidding behavior.
  • 3.5.2. Affiliates may use the trademark alongside with or in conjunction with the following terms: “percent (%) off”, “sale”, “discount”, “coupon”, or “promo”.
  • 3.5.3. Affiliates may not use their affiliate link or any of the Beaty21 domains and/or URLs as the display domain or URL in a paid advertisement. When engaging in paid search engine campaigns, affiliates must use their own domain and/or URL in their
  • 3.5.4. You may not make any misleading or false statements in your campaigns. To avoid conflicts and to protect the integrity of our brand, Beauty21 reserves the right to suspend any affiliates activities and thus their commissions for phrases that Beauty21 determines to be untrue or inflammatory claims of our products, services or websites. To avoid such measures, please forward all ad text and proposed keywords/phrases you wish to bid on to the Affiliate Manager for approval or editing, PRIOR to your submitting it to Paid Search Network providers or Paid Inclusion Search

3.6. Coupon Code Marketing Guidelines. Coupon marketing is allowed, but affiliates must adhere to the following terms:

  • 3.6.1. Affiliates are permitted to use active coupon codes provided exclusively through the Beauty21 Affiliate Program. Affiliates are not permitted to promote unauthorized coupon codes, codes that are exclusive to other affiliates, codes provided in customer-oriented newsletters or other promotional codes from our non-affiliate program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the Beauty21’s Affiliate Program will result in lost commissions and/or removal from the
  • 3.6.2. Promotion language must be simple, easy to understand, and should include the following: The offer, the coupon code, the expiration date, and approved text link only. Publishers of the coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”). Publishers must remove invalid coupon codes and banners, or make clear to readers that the code is
  • 3.6.3. Affiliates bear the responsibility for removing any unauthorized, user-submitted codes.
  • 3.6.4. Distributions of coupon codes on multiple sites need to be disclosed and approved by the Beauty21 Affiliate Program. Please email any new websites and promotions distributing Beauty21 coupon codes for approval via the form located at https://lagirlusa.refersion.com/.
  • 3.6.5. Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code
  • 3.6.6. “Cookie-Stuffing” Policy “Cookie-Stuffing”, forced clicks, etc. is not permitted. “Cookie stuffing” is an unlawful strategy of generating affiliate sales. (i.e., Use of cookie stuffing to cause tracking systems to conclude that a user has clicked through a qualifying affiliate link – and to pay commissions accordingly- even if the user has not actually clicked through any such link). Affiliates found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited and
  • 3.6.7. Adware & Toolbars Affiliates are prohibited from transmitting any “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-Ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to customers from the time the customer clicks on a qualifying link to the Beauty21 website until the time the customer has exited the Beauty21 site (ie. no page from the Beauty21 site or any Beauty21 content or branding is visible on the end-user’s screen). The terms a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of Beauty21 site in IFrames, hidden links and automatic pop ups that open Beauty21’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

4. Grant of Licenses.

4.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Beauty21 Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Beauty21 and the goodwill associated therewith will inure to the sole benefit of

4.2. Each party to this agreement agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than, the license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the

4.3. No Sublicense. You may not sublicense, rent, lease, sell, resell, outsource or service bureau any Beauty21 products, intellectual property, assets, or anything owned and offered by Beauty 21 and any attempt to do so shall be null and void.

5. Disclaimer. BEAUTY21 MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, BEAUTY21’S SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BEAUTY21 ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

6. Representations and Warranties. You represent and warrant that:

6.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

6.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;

6.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.

7. Limitations of Liability. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BEAUTY21’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

8. Indemnification. You hereby agree to indemnify and hold harmless Beauty21, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that your use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

9. Confidentiality. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

10. Payments. You will receive a commission for sending authorized sales via your affiliate links. Sales must be placed by first time customers only. In order to place an affiliate link, you must first be approved by Beauty21 to become an affiliate. Payout rates may be changed at any time. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued. Commissions are subject to reversal in the event of returned product, which shall be determined in Beauty 21’s sole discretion.

11. Affiliate Account Interface. You will create a log-in and password in order to enter the portal to the secure affiliate account interface. From their site, you will be able to view and receive your reports regarding your commissions due to

12. Modification. We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Beauty21’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Beauty21’s Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.

13. Revocation of Affiliation. Affiliation may be terminated at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or In addition, this agreement will terminate immediately upon any breach of this agreement by you. If Beauty21 affiliation is revoked, you cannot rejoin the program in the future.

14. Disputes. Any and all controversies arising from or related in any way to this agreement whether based upon statute, tort, contract, constitutional law, or on any other basis, shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association located in Riverside County, California. Any of the parties to this agreement may commence the arbitration by making a written demand for arbitration transmitted to the other parties and to the American Arbitration Association located in Riverside County, California. The arbitrator shall have the express power to award damages or any other relief available in law or in equity. Within ten (10) days following conclusion of the arbitration, the arbitrator shall rendered a written award which includes an award of arbitration fees and costs and all attorney’s fees and costs to the party determined to be prevailing by the arbitrator. The arbitration award shall be enforceable by the filing of a petition to confirm the award in the Superior Court for Riverside County, California. The parties expressly agree that this is the correct jurisdiction and venue for confirmation of the arbitration award and each party expressly waives the right to assert another jurisdiction and venue as appropriate in any subsequent court proceedings between the parties. The award of the arbitrator shall be final and binding on the parties and not subject to review or challenge in any forum or proceeding. The parties hereby expressly waive all rights to a trial by jury, all rights to appeal, and all rights to contest the award of the arbitrator. It is the declared intention of the parties to finally and fairly resolve all disputes arising from or related to this Agreement by final and binding arbitration in accordance with this section.

15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Venue for any dispute arising from this agreement shall be Riverside County,

16. Assignment. You may not assign or delegate any of the rights or obligations under this Agreement without the prior written consent of Beauty21, and any such attempted assignment or delegation shall be void. Beauty21 may assign this agreement in its sole discretion upon providing notice to you. Subject to the preceding sentence, this agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party.

17. Severability. If any portion of this agreement is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect. If any provision of this Agreement shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.