Section 1: Definitions
“Performance Marketing” refers to online marketing and advertising programs in which a retailer pays marketing companies (“affiliates”) when a specific action is completed; such as a sale, lead or click.
“Affiliate” refers to an individual or business who has agreed to partake in the programme and receives a commission for referring customers to www.skinlibrary.co.uk which translated to legitimate sales
“Skin Library”, “Us”, “We” refers to Skin Library Ltd (Company no. 10947051), whose registered office is at Suite 7 Meridian House, 62 Station Road, North Chingford, London, England, E4 7BA.
“This agreement” meaning the contents of the contract between Skin Library and the Affiliate in respect to the Affiliate Program
“Legitimate Sales” refers to the sales generated through the affiliates referral to Skin Library leading to a successful and completed sale by a new customer.
“Sale Commission” refers to the payout the retailer sets and agrees to pay for visitors referred to the retailers website that results in a sale of a product or service.
“Commission” means the amount sale commission a retailer agrees to pay for an individual’s measurable action.
“Payment” refers to the monetary payout by the retailer to the affiliate. The payment is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
“Link” refers to a hyperlink placed on an Affiliates site/ social media platform in which when click on, sends a visitor to Skin Library’s website. The form of a link which are accepted is a hyperlink via text, product image, buttons, swipe up function on Instagram, banners, videos or any other format acceptable to Skin Library.
Section 2: The Programme
2.1 The Programme shall be the affiliate programme between Skin Library and the affiliate.
2.2 The Programme is considered a business-to-business relationship between Skin Library and the affiliate, the Affiliate is not considered a representative of Skin Library.
Section 3: Suitability for the Affiliate Program
3.1 Must be at least 18 (Eighteen) years of age
3.2 If Skin Library deems that the Affiliate is not appropriate for the Programme or the terms and conditions of the Programme are infringed, Skin Library reserves the right to terminate the agreement. The Affiliate may be deemed as inappropriate for the Programme if Skin Library finds that the Affiliate promotes or contains links that are:
- information known by you to be false, inaccurate or misleading;
- offensive, profane, vulgar, obscene or inappropriate language or graphics;
- defamatory, libelous, or slanderous content;
- content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- content which violates any law or regulation;
- material or content that is, or may reasonably be considered to be, hate speech or cyberbullying, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
- content or materials in which you impersonate another person or entity;
- any other reason, at Skin Library’s sole discretion, deemed as unsuitable.
Section 4: Legitimate methods of advertising
4.1 “Skin Library”, “Skin Library UK” cannot be used in the affiliates website domain name, blog, Instagram, Facebook, Youtube channel, Twitter username or any URL associated with the affiliate. You cannot create a webpage or account which resembles our website which would mislead customers to believe that you are an official affiliated business.
4.2 The Affiliate is permitted to promote Skin Library through various social media platforms/ communities, with the exception of when it is considered as spam, and where the affiliate may create groups or communities to purport themselves as representatives of Skin Library.
4.3 “Cookie-Stuffing/ cookie dropping” is not permitted.
4.4 Pay-per-click (PPC)/ URL bidding is not permitted on any search engine for keywords “Skin Library”, “skinlibrary.co.uk”, “skincare library” or any similarly spelled keyword variations including combinations.
4.5 Skin Library will be the sole Arbiter to determine legitimate methods of advertising.
4.6 Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked; in effect the agreement between the Affiliate and Skin Library will be terminated immediately.
4.7 Any sales generated through improper advertising will not qualify for commission or credit from Skin Library.
4.8 Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Skin Library to them. If Skin Library decides not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this agreement.
Section 5: Payment of Commission Sales Earnings
5.1 Once a new customer has arrived onto our website after following the link, their actions will be tracked on our website for 30 days using a cookie. If a purchase has been made during the 30 days tracked, the Affiliate will earn a commission on the purchase on their order.
5.2 Affiliates will only earn commission sales only with respect to activity tracked on our site occurring directly through the link on the affiliates website/ social media platform.
5.3 Skin Library will make a payment to the affiliate via Paypal or Bank Transfer (method of payment will be selected by the affiliate when submitting the form to join the Programme) at the last week of the month. For payments via Paypal, there may fees charged by Paypal to receive the payment; Skin Library will not be responsible for this charge.
5.4 In order for the payment to process on the last week of the month, the affiliates commission balance must reach the minimum threshold of £150. In cases where the minimum threshold has not been met, the balance will be carried forward to the following calendar month(s) until the accrued commission balance meets the minimum threshold.
5.5 Commission will only be given in instances where the customer who has been redirected to Skin Library’s website is a new customer and made a order within the 30 day cookie period. No commission will be given to the affiliate if an existing customer makes an order through the link.
5.6 Skin Library reserves the right to refuse commission on wholesale/ bulk orders.
5.7 Skin Library reserves the right to modify the commission balance if it believes that the affiliate has used illegitimate methods of marketing, or the affiliate has used its own affiliate link to process an order on the website.
5.8 It is the sole responsibility of the affiliate to ensure that they have accurately inputted their up-to-date contact details and bank details into Skin Library’s system in order to make payments to the affiliate.
5.9 In the event that an affiliate did not receive their payment when due, the affiliate may contact Skin Library at: firstname.lastname@example.org, including proof that the payment was due and had not been processed by Skin Library.
Section 6: Skin Library’s Obligations
Skin Library agrees to undertake the following duties:
6.1 Provide the affiliate with all necessary information and materials to support a link to Skin Library’s website from the affiliates website or social media platform
6.2 Processing all legitimate orders redirected from the link and tracking the cookies for 30 days
6.3 Tracking the number and amount of relevant sales generated through the link
6.4 Provide relevant information to the affiliate in regards to payments
6.5 Credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Skin Library for the purpose of our business, and
6.6 Establishing the commission balance threshold, payment frequency and payment method of earned commissions as outlined in Section 6 of this Agreement.
Section 7: The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Skin Library fully indemnified in respect of:
7.1 The content of the Affiliate’s site or any site that they may be connected to,
7.2 Any misrepresentations of Skin Library or its products or services,
7.3 Making of any false claims, representations or warranties in connection with Skin Library,
7.4 Ensuring that your site and your products/ services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
7.5 The Affiliate also agrees that the agreement will be terminated, if Skin Library believes that the affiliate is not suitable for the Programme for any of the following reasons; including but not limited to:
7.5.1 False advertisement of Skin Library,
7.5.2 Personal usage of the affiliate link to increase commission sales,
7.5.3 Promotion of illegal activities,
7.5.4 Spamming using your affiliate link,
7.5.5 Cookie stuffing/ cookie dropping or other usage of technology to potentially divert commission from other affiliates in our program,
7.5.6 Content deemed to be graphic or explicit by Skin Library,
7.5.7 Hate speech, cyber bullying or other forms of harassment or intimidation of others on your website,
7.5.8 Usage of materials that infringe on any copyright, data protection, trademark or other intellectual properties rights or to violate the law,
7.5.9 Usage of Adware and Toolbars to intercept the cookies on the retailers website, or set cookies to track the commission through the loading of Skin Library in IFrames, hidden links and automatic pop ups that open Skin Library’s website.
7.6 The maintenance and updating of your site is your sole 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 6 months. A written notice will be given via email should we find your site is outdated. You will have 48 hours to respond with an updated site before your affiliation is terminated.
7.7 Affiliates agree that they are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Skin Library. Affiliates will have no authority to make or accept any offers or representations on Skin Library’s behalf.
7.8 Compliance with all applicable EU, national laws and regulations in force from time to time. This shall include, but not limited to, the EU-directive 2002/58/EC, and
7.9 Affiliates are solely responsible for the payment of all tax and national insurance payable on any payments made to you by Skin Library.
7.10 Should Skin Library have grounds to believe the Affiliate has failed to fulfil their obligations, Skin Library can immediately terminate the agreement at their sole discretion.
Section 8: Coupon Code
8.1 The Affiliate can use their own coupon code to purchase products/ services from Skin Library.
8.2 Only official coupon codes communicated by Skin Library can be promoted by the Affiliate.
8.3 Coupon marketing is permitted, but the affiliate must adhere to the following terms:
8.3.1 The affiliate must use the active codes provided exclusively through the Programme.
8.3.2 Promotion language must be easy to understand, simple and should include the following: the offer, the coupon code, the expiration date (if any), and approved Link. Once the coupon code has expired, the Affiliate must remove invalid codes and banners, or make clear to readers that the code is expired.
8.3.3 Affiliates bear the responsibility for removing any unauthorized, user-submitted, expired codes.
8.3.4 Affiliates must not promote expired codes.
8.3.5 Coupon codes must not be promoted as being eligible to combine with another coupon code/ discount code/ voucher unless explicitly stated by Skin Library
8.3.6 When the partner is not an ownership of a personal channel (i.e. blog, website, youtube channel etc.) and instead owns a coupon sharing site (i.e. couponvario, promopro etc.) affiliate benefits could be restricted.
8.3.7 Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates must remove all violations. Repeated abuse will result in termination of the agreement and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.
Section 9: Right to Name as a Reference Customer
9.1 Affiliate shall not create, publish or distribute any written or graphical material that makes reference to Skin Library other than those mentioned in this agreement or otherwise provided by Skin Library, without the prior written consent of Skin Library. Skin Library reserves the right to refuse any request for consent under this Agreement.
Section 10: The License
10.1 The Affiliate cannot modify or change the Link or any other material provided by Skin Library in anyway
10.2 The Affiliate is granted a non-exclusive, limited, recovable right to use the retailers provided trademarks and banners. All images, technology and content provided for your use is and shall remain the sole property of Skin Library, and thus these materials shall not be deemed as licensed to the Affiliate.
10.3 Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Skin Library without first obtaining the prior consent of Skin Library. Affiliates shall not use the licensed materials in any manner that is inappropriate or that is in any way detrimental to the Skin Library brand or any other brands.
10.4 Skin Library reserves the rights in the materials provided and all of its other proprietary rights. Skin Library shall be entitled to revoke this license to use the Link or use the materials at any time and at its sole discretion.
10.5 Any inappropriate use of the Link, text, graphics, or other advertisements not expressly approved in writing or provided by Skin Library may cause for immediate termination of this Agreement.
10.6 The licenses described in Section 10 shall expire upon the termination of this Agreement.
Section 11: Terms of Agreement
11.1 The terms of this Agreement will begin once the Affiliate has submitted the online form and will end when your affiliate account is terminated.
11.2 Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products from Skin Library. Affiliates that have reached the £150 commission threshold will be paid via Paypal or Bank Transfer upon the termination of the Agreement, subject to the terms of this Agreement.
Section 12: Modification
12.1 Skin Library reserves the right to modify or change the terms of this Agreement at any time as it sees fit. Skin Library shall notify you of any revised terms via email within 7 days of making changes. Affiliates shall be deemed to have accepted of any modification to this agreement as published. In the event that the Affiliate wants to amend the revised terms of this agreement, the only remedy shall be to terminate this agreement.
Section 13: Limitation of Liability
13.1 Skin Library shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Skin Library has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2 Skin Library’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3 Skin Library makes no warranties, either express or implied, concerning the performance or functionality of the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4 Skin Library shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Skin Library.
Section 14: Governing Law
14.1 This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
14.2 The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3 Affiliates are solely responsible for the legality of the use of the service if the Affiliate’s website is on a server in a country other than the United Kingdom.
Section 15: Acceptance
15.1 By Submitting the application form, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understands them and fully agrees to be bound by the terms and condition.
Section 16: Non-disclosure
16.1 Skin Library acknowledges that in the course of this Agreement, it shall have access to confidential and proprietary information (“Confidential Information”) in regards to the Affiliate. Skin Library agrees to not disclose or disseminate any confidential information without giving notice and receiving prior written consent from the Affiliate.
16.2 “Confidential Information” shall not include information that is or becomes a part of public domain through no action or omission of Skin Library, that becomes available to Skin Library from third parties without knowledge by Skin Library of any breach of fiduciary duty, or that Skin Library had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. Skin Library reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Skin Library deems appropriate.
Section 17: Force Majeure
17.1 Neither party shall be liable hereafter by reason of any failure or delay in its performance of its obligations hereafter on account of the event of a catastrophe, strikes, riots, explosions, environmental disaster, government action, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event beyond the reasonable control of such party.
Section 18: Revocation of Affiliation
18.1 Affiliation can be terminated at any time, with or without cause and Affiliate will be provided a 7 day closure notice period. This agreement will terminate immediately upon any breach of this agreement by the Affiliate.