MAËLYS COSMETICS USA Inc. MEDIA AFFILIATE PROGRAM TERMS AND CONDITIONS
These Media Affiliate Program Terms and Conditions (the “Terms”) govern participation in the MAËLYS COSMETICS USA Inc. media affiliate program (the “Program”) operated by MAËLYS COSMETICS USA Inc. (“Maëlys”, “we”, “us”, “our”) through the Awin network.
By applying to or participating in the Program via Awin, you (“Publisher”, “you”) agree to be bound by these Terms and by Awin’s terms. In the event of any conflict, these Terms will prevail between you and Maëlys.
1. Enrollment and approval
1.1. To join the Program, you must apply via Awin and provide all information requested in your Awin publisher profile.
1.2. Maëlys may accept or reject any application at its sole discretion and may request additional information about your media property before or after approval.
1.3. You must keep your Awin account details, including all domains and properties where Maëlys will be promoted, complete and accurate at all times
2. Permitted promotion and content standards
2.1. You may promote Maëlys only by:
- Publishing editorial content (e.g. articles, guides, reviews, listicles, gift guides) that includes honest and accurate information about our products; and
- Placing Awin-provided tracking links within that content, which direct users to our official websites.
2.2. Your website(s) and content must not:
- Infringe any intellectual property or other rights of Maëlys or any third party;
- Violate any applicable law, rule or regulation or contain illegal, misleading, defamatory, hateful, discriminatory, violent, pornographic or otherwise inappropriate content;
- Contain malware, viruses, spyware, adware or any technology that intercepts or diverts traffic or commissions;
- Misrepresent your relationship with Maëlys or create the impression that you are Maëlys or an official Maëlys website;
- Make any claim regarding Maëlys products that is false, unsubstantiated, or not aligned with Maëlys’ own authorised claims (including any medical, therapeutic or safety claims).
2.3. You may not:
- Use Maëlys trademarks, brand names, or URLs in your domain name, social media handle, or app name;
- Use cookie stuffing, forced clicks, misleading pop-ups, or confusing links;
- Purchase search, social, or other paid media using Maëlys trademarks, product names, or misspellings in violation of the Pay-Per-Click (PPC) Advertising Guidelines below or without our prior written approval; Promote unofficial, user-generated, or unapproved coupon codes or discounts.
3. PAY-PER-CLICK (PPC) ADVERTISING
If you, as an Affiliate, run any pay-per-click (“PPC”) or other paid search campaigns in connection with the Program, you must comply with the following rules:
3.1. You may not bid on any Maëlys brand terms or Marks (“Marks” means Maëlys’ trademarks, service marks, logos, trade names, brand names, and domain names, and any variations or misspellings thereof), including our company name (“Maëlys” or “Maëlys Cosmetics”), product names, domain names, or any misspellings or variations of them, whether alone or in combination with other terms (for example, “Maëlys coupon”, “Maëlys promo code”), unless you have our prior written approval.
3.2. You may not use any Maëlys brand terms or Marks, including our company name, product names, domain names, or any misspellings or variations, in your ad text, ad extensions, or display URL without our prior written approval. We may withdraw such approval at any time in our sole discretion.
3.3. If you automate your PPC campaigns, you must add Maëlys brand terms and Marks, product names, and common misspellings or variations as negative keywords at the account level so that your ads never trigger on our brand terms.
3.4. If you violate these PPC rules, Maëlys may, in its reasonable discretion, reverse or withhold commissions related to the non-compliant activity, adjust your commission rate under the Program, and/or suspend or remove you from the Program in the case of a material or repeated violation, in addition to any other rights or remedies available to us under these Terms.
4. Links, tracking and commissions
4.1. All tracking and commission calculation for the Program is managed by Awin. You must use the Awin-generated tracking links and creatives without alteration.
4.2. You will be eligible for commission only on qualifying purchases that:
- Are made by an end customer (not you or your related parties);
- Are tracked by Awin to your account in accordance with Awin’s tracking rules;
- Are not cancelled, refunded, charged back, or identified as fraudulent or otherwise invalid.
4.3. Maëlys may, in its sole discretion, adjust, withhold, or reverse commissions where orders are cancelled, refunded, fraudulent, non-compliant with these Terms, or otherwise invalid.
4.4. Commission rates and any special conditions will be stated in the Maëlys Program profile on Awin.
4.5. Commission payments will be made exclusively via Awin, in accordance with Awin’s payment terms. Maëlys is not responsible for any delays or issues relating to Awin’s payment processes.
5. Changes to commission structure and tracking rules
5.1. Maëlys may, at any time and in its sole discretion, modify the commercial conditions of the Program, including, without limitation, base commission rates, bonus structures, attribution rules, cookie duration, qualifying product lists, and the validity of specific tracking links, placements, or campaigns.
5.2. Any such changes will be communicated via the Awin interface and/or by email and will apply only to transactions occurring after the effective date of the change.
5.3. Your continued participation in the Program following such changes will constitute your binding acceptance of the modified commercial conditions.
5.4. Notwithstanding anything to the contrary in these Terms, Maëlys will provide you with not less than seven (7) days’ prior notice of any changes to these Terms and/or to the commercial conditions of the Program, via the Awin interface and/or by email. Such changes will take effect no earlier than seven (7) days after the date on which notice is given and will apply only to transactions occurring after the effective date of the change.
6. FTC / disclosure and legal compliance
6.1. You must comply with all applicable laws, regulations and advertising standards, including (where applicable) the FTC endorsement and testimonial guidelines, consumer protection rules and any local equivalents.
6.2. In particular, you must clearly disclose your affiliate relationship with Maëlys in any article, review or other content containing affiliate links, in a manner that is:
- clear, conspicuous and placed near the relevant content or link; and
- in the same medium as the endorsement (e.g. a text disclosure in an article).
6.3. You are solely responsible for the content of your website(s) and for obtaining any consents or approvals required for cookies, tracking technologies and data processing under applicable privacy and data protection laws.
7. Confidentiality and data
7.1. Any non-public information that Maëlys or Awin makes available to you in connection with the Program, including commercial terms, performance data, and customer insights, is confidential and may not be disclosed to any third party or used for any purpose other than participation in the Program.
7.2. You will not receive, access, or process any Maëlys customer personal data, except as provided by Awin in aggregated or anonymised form. You must not attempt to combine such data with other information to identify individuals.
8. Term, termination, and closure notice
8.1. Your participation in the Program starts when Maëlys approves your application on Awin and continues until terminated in accordance with these Terms.
8.2. Program closure notice. Subject to clause 8.3, Maëlys may close the Program on Awin or discontinue working with media outlets on not less than seven (7) days’ prior notice via Awin and/or email.
8.3. Maëlys may suspend or terminate your participation immediately, without prior notice, if you:
- Breach these Terms or Awin’s publisher terms;
- Engage in fraud, misuse of links, brand bidding, or other prohibited practices; or
- Act in a way that, in Maëlys’ reasonable opinion, may harm Maëlys’ brand, reputation, or customers.
8.4. Upon termination, you must promptly:
- Remove all Maëlys links, creatives, and promotional materials; and
- Cease any further promotion of Maëlys under the Program.
You will remain eligible only for valid commissions on qualifying purchases tracked prior to the effective date of termination, subject to reversals under Section 4.
9. Relationship of the parties
You participate in the Program as an independent contractor. Nothing in these Terms creates any partnership, joint venture, employment, agency, or exclusive relationship between you and Maëlys. You have no authority to bind Maëlys in any manner.
10. Limitation of liability
10.1. Maëlys will not be liable to Publisher for any indirect, incidental, consequential, special or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or in connection with the Program or these Terms, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages; and
10.2. Maëlys’ total aggregate liability to Publisher for any direct damages arising out of or in connection with the Program or these Terms will not exceed the total commissions actually paid to Publisher by or on behalf of Maëlys under the Program during the six (6) months immediately preceding the event giving rise to the claim.
11. Governing law and changes to these Terms
11.1. These Terms are governed by the laws of the State of Delaware, USA, without giving effect to any conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware in respect of any dispute arising out of or in connection with these Terms or the Program.
11.2. Maëlys may update these Terms from time to time. The current version will be made available via the Program description on Awin website. Continued participation in the Program after changes take effect constitutes your acceptance of the revised Terms.
