BaByliss

These terms govern the relationship between the Advertiser (hereinafter “BABYLISS”) and publishers who are approved for the Advertiser Affiliate Program (hereinafter “Publishers”)

Commission

Commission shall be paid to Publishers based on the basket value of an order excluding the value of ineligible products, VAT, discounts and any delivery fees. 

Commissions shall only be paid on completed orders. Should an order not leave the warehouse for any reason (e.g. not in stock, order cancellation) then the order will not be eligible for commission. 

Commissions shall only be paid on sales from affiliates, adverts or campaigns that meet the minimum requirements specified by BABYLISS. Any activity that results in a sale that does not meet these requirements will be rejected.

Commissions shall be paid on last click sales only. A sale involving an affiliate click will be rejected if a click from another BABYLISS marketing channel follows the affiliate click. BABYLISS endeavour to show affiliates only legitimate last click affiliate sales but unfortunately in some instances non last click affiliate sales will be shown. 

The Advertiser Affiliate Program works on a basis of a 30 days “cookie” window.  Commission shall be awarded for transactions that take place up to 30 days after the click, as long as there is no other click from another marketing source in that period.

Commissions shall only be paid on sales in which both Awin and BABYLISS are able to drop a cookie (once a customer has consented to their use). Any sales tracked by any other method are not recognised by BABYLISS and cannot be rewarded via commission. It is the Publishers responsibility to ensure the traffic they refer can be tracked via both Awin and BABYLISS prior to setting live a BABYLISS campaign. BABYLISS will not consider any applications for compensation post campaign due to sales tracked in alternative ways.

Commission for purchases on BABYLISS shall be paid at the rates detailed below based on total basket value:

Commission shall be paid at 10% for purchases from the Cordless range (Products: 9000U; 9001U; 9002U; 9003U; 9004U)

Commission will be paid on the basket value excluding VAT and any delivery fees.

Commission will not be paid for purchases of BaByliss PRO products, spare parts or accessories.

BABYLISS reserves the right to update the commission structure with 7 days’ notice

Banners & Creative

Publishers must use creative supplied directly through the Awin network. Any banners being used must be served from the Awin network, and not hardcoded into the site.

Voucher Codes

Publishers may only promote codes that are provided to them through the Advertiser Affiliate Program.

BABYLISS reserves the right to withhold payment of commission if unauthorised voucher codes are used in an affiliate sale. BABYLISS understands that consumers may use voucher codes that have been found via third party platforms outside of the Affiliate platform, and where this occurs will investigate before decisions on commission payment are made.  Any affiliate found to be displaying unauthorised codes may also have their commission set to zero until the code(s) are removed.

Voucher code terms and conditions must be clearly displayed and accessible to the consumer - any Publisher found promoting codes which do not have the clearly marked T&Cs available may have their commission set to zero until these are visible.

Where voucher codes are issued with an expiry date, this should be clearly displayed and codes should be removed or explicitly marked as expired after this date unless the Publisher is advised otherwise. Any Publishers displaying expired codes without marking them as being expired may be suspended from the program.

Product Feed

BABYLISS will provide a daily product feed with the most accurate pricing and stock information available everyday through the Awin interface.  The information in the feed will be updated at 9:00 AM GMT daily, and will be available to Publishers once processed by Awin.

Publishers are required to maintain the most recent BABYLISS pricing & product information.

Intellectual Property Rights

Publishers must, at all times, respect the intellectual property rights of BABYLISS. Such rights include trademarks and service marks, logos, images, copyright and related rights, trade names and domain names, rights to goodwill or to use in passing off and rights in confidential information.

If a Publisher infringes these rights, BABYLISS may remove them from the program and may retain any commission that would otherwise be due to the Publisher.

BABYLISS requests draft proofs of any copy that is to appear in any offline communication including and not limited to press campaigns.

Unsuitable content

In making any reference to BABYLISS, its products, or services, Publishers may not include any reference whatsoever to content that is (as determined by BABYLISS):

• "Adult" in nature,
• unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
• facilitates illegal activity;
• otherwise illegal or causes damage or injury to any person or property, or
• liable to bring BABYLISS into disrepute.

Termination

BABYLISS reserves the right to immediately suspend or terminate any Publishers found contravening these terms and conditions, declining any commissions accrued from the activity.

Publishers may terminate their relationship with BABYLISS at any time through the Awin platform.

Upon suspension or termination, Publishers must remove all affiliate links and graphics, and refrain from all further use.

Modifications to the Affiliate Program

BABYLISS, may, in good faith, modify these terms, the products and services included in the Affiliate Program and the applicable commission levels, at any time and at its sole discretion, by updating the terms in the Awin platform. A Publishers continued participation in the Affiliate Program following such notification shall constitute acceptance of such changes. If a Publisher does not accept the modification, their only recourse is to terminate the relationship.

Liability

Except as expressly and specifically provided in these terms, all warranties, conditions, representations and other terms of any kind, whether express or implied, are to the fullest extent permitted by law, excluded.

BABYLISS expressly limits its liability to proven direct damage.

In particular, BABYLISS make no express or implied warranties or representations with respect to the operation of Awin's systems, affiliate tracking software or Website, or other products or services provided in connection therewith, being uninterrupted, error-free, or fit for purpose, and BABYLISS will not be liable for the consequences of any interruptions in the Awin's systems, the affiliate tracking software or Website.

Other Provisions

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, written or oral with respect thereto. The parties are not partners with each other nor parties to any joint venture and the terms of these Terms shall not be construed so as to make them partners or impose any liability as such on either of them. BABYLISS shall be entitled to assign, license or deal in any other manner with any or all of its rights and obligations under these Terms. Publishers shall not be entitled to assign, license or deal in any other manner with any or all of your respective rights and obligations under these Terms.

No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms. Any failure to exercise or delay in exercising any rights or remedies under these Terms shall not operate as a waiver of the rights or remedies or prevent any further exercise of them.

The invalidity, illegality or unenforceability of a provision of these Terms does not affect or impair the continuation in force of the remainder of such provision or these Terms.

These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law, and each party irrevocably submits to the jurisdiction of the courts of England.

Please note – this programme operates with a 7 day closure notice period