Timeless Skin Care
Program Terms
Affiliate Program Agreement
FOREWORD
Thank you for considering a Timeless Skin Care® affiliation via ShareASale. This specific affiliate program (“Program”) involves linking to the Timeless website and receiving a fee when a user on your site is directed to and makes a purchase from the Timeless website using a specific link we provide. We provide this Agreement so that both of us, you and Timeless Skin Care, have a clear understanding of the Program and each of our roles in the Program as well as to protect the TIMELESS brand. If you have any questions, please don't hesitate to let us know. It is easiest to reach us by email to hello@timelessha.com.
AGREEMENT TERMS
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS AGREEMENT FOR YOUR RECORDS.
This Agreement forms a legally binding agreement between you and Timeless Skin Care doing business as timelessha.com upon your submitting the online application (via ShareASale) to join this Program. By submitting the application, you acknowledge you have read all of the terms of this Agreement and agree to be bound by and legally responsible for complying with all of the terms of this Agreement.
IF YOU DO NOT AGREE WITH ANY PORTION OF THIS AGREEMENT, PLEASE ABANDON THE APPLICATION AND DO NOT SUBMIT IT.
1. Overview
This Agreement contains the complete terms and conditions that apply to your participating in the Program. Under this Agreement, you receive permission for HTML linking between your website and the timelessha.com website. Please note that throughout this Agreement, "we," "us," and "our" refer to timelessha.com, and "you," "your," and "yours" refer to you the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application via the ShareASale.com platform. We auto-approve applications, but reserve the right to re-evaluate your application at a later time. We may reject your application at our sole discretion at any time. We may cancel your application if we determine that your website is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit content
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "TIMELESS" or variations or misspellings of TIMELESS in its domain name (the website URL) or in any social media handle
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable or incompatible with the high quality and goodwill associated with the TIMELESS brand, determined in our sole discretion
2.1.8. Contains code or content that potentially enable diversions of fees from other affiliates in our Program
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website (in color, look or feel) nor design your website in a manner that leads or misleads online visitors to believe you are Timeless Skin Care, timelessha.com, or any other affiliated business
2.2. We reserve the right, at any time, to review your placement and approve the use of links to our website on your site and require that you change the placement or use to comply with the guidelines provided to you, or take down the links completely if you do not make the requested changes
2.3. The maintenance and the updating of your website will be your responsibility. We may monitor your website as we determine to check it is up-to-date and to notify you of any recommended or required changes
2.4. It is entirely your responsibility to abide by all privacy, advertising and intellectual property laws that pertain to your website. You must have express prior permission to use any other person's copyrighted material, whether it be a writing, an image, a music clip, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of applicable laws or any third party rights
3. Product Claims
You are not permitted to make untrue or unsubstantiated statements about perceived benefits offered by any of the products offered by Timeless Skin Care, and agree that anything you communicate about such products shall reflect your honest opinion based on actual use of the products. If your opinions regarding the products previously made public change, you shall immediately notify us. We reserve the right to require you to use the products for a specified period of time, in a specified amount or in a specified frequency so that you have a reasonable basis/personal experience to substantiate your review or opinion on one or more of the products.
4. Proper Disclosures
4.1 You shall at all times comply with the Federal Trade Commission (“FTC”) Guides Concerning Use of Endorsements and Testimonials in Advertising (16 CFR Part 255), as may be updated from time to time or clarified by the FTC in its FAQs or other materials, and all other applicable U.S. state and federal laws and regulations, or foreign laws, rules and regulations that apply in your country of residence, relating to your acting as an affiliate. In the Program, you will be acting as an “endorser” of Company’s products (means anyone being compensated to promote a brand or product or receiving free samples or other benefits to do so), and under the FTC’s guidelines an endorser is required to “clearly and conspicuously” disclose “material connections” to the advertiser engaging the endorser when you (the endorser) disseminate comments, posts, news, reviews, or other information or content, including on social media platforms. That means you are required always, within content on the website (whether or not you are present in the USA), to identify your relationship to us as a paid affiliate.
4.2 We will be looking for conspicuous disclosure on your website that: (i) you are an affiliate of Timeless Skin Care and may receive compensation when someone clicks a link on your website and purchases TIMELESS SKIN CARE® brand products, and (ii) your website is independent of and not owned or operated by Timeless Skin Care. It will not be sufficient disclosure to show #ad or #TimelessAffiliate on the website, though you may additionally include those terms.
5. Our Program Management
5.1. We have the right to check your website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your website that are required to comply with the terms of this Agreement or recommended to support your participation in the Program. If you do not promptly make required changes, we may suspend or terminate your participation in the Program.
5.2. We reserve the right to terminate this Agreement and your participation in the Program immediately and without prior notice to you at any time and for any reason, including but not limited to, your violating the terms of this Agreement, acting in a fraudulent, deceptive or misleading manner (including via content you include on your website), or acting in a manner inconsistent with the positive reputation of the TIMELESS brand. We are not liable in any way for any fees earned in a fraudulent or deceptive manner, or for future unearned fees once your participation in the Program is terminated.
5.3. This Agreement will begin upon our acceptance of your Affiliate application, and will remain in effect indefinitely unless terminated as permitted within this Agreement.
5.4 We reserve the right to suspend, modify or terminate the Program and our products at any time.
6. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Your participation in the Program will automatically terminate when this Agreement terminates. You are obligated to remove any program links and if requested remove program content on your website within one (1) business day of termination of this Agreement; our rights to enforce this obligation survive any termination of this Agreement. Written notice can be in the form of email to hello@timelessha.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
7. Modification
We may modify the Program at any time. If the modification affects the terms of this Agreement, we reserve the right to modify this Agreement, and you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following notice by email to you of changes will indicate your acceptance of the changes.
8. Payment
Timelessha.com uses a third party to track and pay fees in connection with this Program. The records in this platform will control in the event of a dispute on amounts owed. The third party is the ShareASale.com affiliate network. Please review the network’s payment terms and conditions (including when and how payments from us would be made to you through them). In order for us to accurately keep track of all guests visits from your site who make a purchase with us, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with. Failure to use our links may result in under payment. You are solely responsible for paying all taxes due on fees paid to you from us. As a condition to receiving your payment of fees from us through ShareASale.com, you will be required to complete whatever tax reporting forms they require you to complete and otherwise comply with their platform terms, which we do not control.
9. Access to Affiliate Account Interface
You will need to create a password so that you may enter ShareASale’s affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the fee due to you in connection with the Program and access any text link, approved banner or other creative we make available, which can only be used in the form we provide without modification. Your use of the ShareASale platform is subject to its privacy policy and terms and conditions available on its website, over which we have no control. Timeless and ShareASale are independent third parties, not affiliated with one another. ShareASale may modify its affiliate account interface over time, and we have no control over that.
10. Promotion Restrictions
10.1. You are free to promote your own websites, but when you refer to the TIMELESS brand or link to our website from your website, it reflects on us, our reputation and goodwill. You should know that certain forms of advertising are always prohibited by timelessha.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to your followers or customers to promote timelessha.com so long as the email recipient is already a subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote timelessha.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your website(s) as independent from timelessha.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
10.2. Affiliates that among other keywords in their Pay-Per-Click campaigns use keywords such as timelessha.com, TIMELESS, or variations or misspellings of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from this Program. We will attempt to contact you in such a situation but reserve the right to expel any trademark violator from our Program without prior notice, and on the first occurrence of such PPC bidding behavior.
10.3. You shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our website (i.e., no page from our site or its content or branding is visible on the end-user’s screen). “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any means other than a consumer-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, Edge, Bing, Yahoo, Safari, and similar search or directory engines); (c) set commission tracking cookies through loading of timelessha.com in IFrames, hidden links and automatic pop ups that open timelessha.com; (d) targets text on websites, other than those websites 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 websites 100% owned by the owner of the application.
11. Grant of License
11.1. While this Agreement is in effect, subject to your full compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, revocable, limited right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and solely for purposes of participating in the Program, and (ii) to display any Timeless logo content (such as a banner header) made available to you by use solely for use in connection with the Program and use solely in the form provided to you (without modification). All materials bearing the Timeless name, logo, or showing Timeless product appearance that may be made available to you are owned by Timeless, you acquire no ownership in them, all goodwill associated with such inures to Timeless Skin Care and you must cease using them within one (1) business day of any request from us to do so. The permission to link to our site and refer to our brand and products for purposes of this program does not transfer any ownership in any of the foregoing to you; all rights therein are reserved to us.
11.2. You acknowledge and agree that we may identify you and your websites as a current (or past) affiliate and participant in this Program to third parties in our discretion. You also: (i) grant to us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, right and license to link to, from any of our online pages, any content on your websites using the Timeless name, logo, or showing Timeless products, your reviews of our products or otherwise promoting our products, including a right to show your name, likeness or image, and your website domain or social media handle, as displayed on your websites, in connection with your promotion or review of our products, and (ii) you waive any claims we have violated your rights of publicity in your name, image and likeness in connection with these authorized uses by us.
12. Disclaimer
TIMELESSHA.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING ITS WEBSITE, PRODUCTS, SERVICES OR THE PROGRAM, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE ARE NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. Representations and Warranties
You represent and warrant that:
13.1. You are a legal U.S. resident (unless we specify or allow for another jurisdiction in our instructions communicated to you via ShareASale.com) at least 18 years old (or older if the age of majority is higher than 18 in your jurisdiction), and have the capacity to enter into this Agreement, which will your legal, valid, and binding obligation, enforceable against you in accordance with its terms, once you complete your application to join the Program;
13.2. Nothing prevents you from complying in full with the terms of this Agreement, and you are the owner or authorized operator of the website(s) that will participate in the Program and have full rights to link to timelessha.com from such other sites; and
13.3. Your websites have a legally adequate posted privacy policy (to the extent required by law) and you fully comply with all applicable privacy laws regarding visitors to your websites.
14. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM OR OUR OTHER OFFERINGS 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 OUR 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 FEES PAID TO YOU UNDER THIS AGREEMENT IN THE LAST SIX (6) MONTHS PRECEDING ANY CLAIM.
15. Indemnification
You hereby agree to indemnify and hold harmless us and our affiliates, officers, directors, owners, employees, and agents 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 any misrepresentation of a representation or warranty or breach of or failure to comply with the terms of this Agreement by you (directly or indirectly by any representatives that assist to operate your website).
16. Confidentiality
The amount of fees you receive is our confidential information and may not be disclosed to third parties other than your financial and legal advisers and applicable tax authorities.
17. Miscellaneous
17.1. You agree that you are an independent contractor to us and not our employee. You further acknowledged that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement on your website or otherwise that contradicts this paragraph or implies you may be associated with or affiliated with us.
17.2. This Agreement is personal to you. You may not assign your rights or obligations under this Agreement to any party. We alone will approve requests to participate in the Program case by case.
17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, USA without regard to the conflicts of laws and principles thereof.
17.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
17.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
17.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
17.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
[End of Agreement]
FOREWORD
Thank you for considering a Timeless Skin Care® affiliation via ShareASale. This specific affiliate program (“Program”) involves linking to the Timeless website and receiving a fee when a user on your site is directed to and makes a purchase from the Timeless website using a specific link we provide. We provide this Agreement so that both of us, you and Timeless Skin Care, have a clear understanding of the Program and each of our roles in the Program as well as to protect the TIMELESS brand. If you have any questions, please don't hesitate to let us know. It is easiest to reach us by email to hello@timelessha.com.
AGREEMENT TERMS
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS AGREEMENT FOR YOUR RECORDS.
This Agreement forms a legally binding agreement between you and Timeless Skin Care doing business as timelessha.com upon your submitting the online application (via ShareASale) to join this Program. By submitting the application, you acknowledge you have read all of the terms of this Agreement and agree to be bound by and legally responsible for complying with all of the terms of this Agreement.
IF YOU DO NOT AGREE WITH ANY PORTION OF THIS AGREEMENT, PLEASE ABANDON THE APPLICATION AND DO NOT SUBMIT IT.
1. Overview
This Agreement contains the complete terms and conditions that apply to your participating in the Program. Under this Agreement, you receive permission for HTML linking between your website and the timelessha.com website. Please note that throughout this Agreement, "we," "us," and "our" refer to timelessha.com, and "you," "your," and "yours" refer to you the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application via the ShareASale.com platform. We auto-approve applications, but reserve the right to re-evaluate your application at a later time. We may reject your application at our sole discretion at any time. We may cancel your application if we determine that your website is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit content
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "TIMELESS" or variations or misspellings of TIMELESS in its domain name (the website URL) or in any social media handle
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable or incompatible with the high quality and goodwill associated with the TIMELESS brand, determined in our sole discretion
2.1.8. Contains code or content that potentially enable diversions of fees from other affiliates in our Program
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website (in color, look or feel) nor design your website in a manner that leads or misleads online visitors to believe you are Timeless Skin Care, timelessha.com, or any other affiliated business
2.2. We reserve the right, at any time, to review your placement and approve the use of links to our website on your site and require that you change the placement or use to comply with the guidelines provided to you, or take down the links completely if you do not make the requested changes
2.3. The maintenance and the updating of your website will be your responsibility. We may monitor your website as we determine to check it is up-to-date and to notify you of any recommended or required changes
2.4. It is entirely your responsibility to abide by all privacy, advertising and intellectual property laws that pertain to your website. You must have express prior permission to use any other person's copyrighted material, whether it be a writing, an image, a music clip, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of applicable laws or any third party rights
3. Product Claims
You are not permitted to make untrue or unsubstantiated statements about perceived benefits offered by any of the products offered by Timeless Skin Care, and agree that anything you communicate about such products shall reflect your honest opinion based on actual use of the products. If your opinions regarding the products previously made public change, you shall immediately notify us. We reserve the right to require you to use the products for a specified period of time, in a specified amount or in a specified frequency so that you have a reasonable basis/personal experience to substantiate your review or opinion on one or more of the products.
4. Proper Disclosures
4.1 You shall at all times comply with the Federal Trade Commission (“FTC”) Guides Concerning Use of Endorsements and Testimonials in Advertising (16 CFR Part 255), as may be updated from time to time or clarified by the FTC in its FAQs or other materials, and all other applicable U.S. state and federal laws and regulations, or foreign laws, rules and regulations that apply in your country of residence, relating to your acting as an affiliate. In the Program, you will be acting as an “endorser” of Company’s products (means anyone being compensated to promote a brand or product or receiving free samples or other benefits to do so), and under the FTC’s guidelines an endorser is required to “clearly and conspicuously” disclose “material connections” to the advertiser engaging the endorser when you (the endorser) disseminate comments, posts, news, reviews, or other information or content, including on social media platforms. That means you are required always, within content on the website (whether or not you are present in the USA), to identify your relationship to us as a paid affiliate.
4.2 We will be looking for conspicuous disclosure on your website that: (i) you are an affiliate of Timeless Skin Care and may receive compensation when someone clicks a link on your website and purchases TIMELESS SKIN CARE® brand products, and (ii) your website is independent of and not owned or operated by Timeless Skin Care. It will not be sufficient disclosure to show #ad or #TimelessAffiliate on the website, though you may additionally include those terms.
5. Our Program Management
5.1. We have the right to check your website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your website that are required to comply with the terms of this Agreement or recommended to support your participation in the Program. If you do not promptly make required changes, we may suspend or terminate your participation in the Program.
5.2. We reserve the right to terminate this Agreement and your participation in the Program immediately and without prior notice to you at any time and for any reason, including but not limited to, your violating the terms of this Agreement, acting in a fraudulent, deceptive or misleading manner (including via content you include on your website), or acting in a manner inconsistent with the positive reputation of the TIMELESS brand. We are not liable in any way for any fees earned in a fraudulent or deceptive manner, or for future unearned fees once your participation in the Program is terminated.
5.3. This Agreement will begin upon our acceptance of your Affiliate application, and will remain in effect indefinitely unless terminated as permitted within this Agreement.
5.4 We reserve the right to suspend, modify or terminate the Program and our products at any time.
6. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Your participation in the Program will automatically terminate when this Agreement terminates. You are obligated to remove any program links and if requested remove program content on your website within one (1) business day of termination of this Agreement; our rights to enforce this obligation survive any termination of this Agreement. Written notice can be in the form of email to hello@timelessha.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
7. Modification
We may modify the Program at any time. If the modification affects the terms of this Agreement, we reserve the right to modify this Agreement, and you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following notice by email to you of changes will indicate your acceptance of the changes.
8. Payment
Timelessha.com uses a third party to track and pay fees in connection with this Program. The records in this platform will control in the event of a dispute on amounts owed. The third party is the ShareASale.com affiliate network. Please review the network’s payment terms and conditions (including when and how payments from us would be made to you through them). In order for us to accurately keep track of all guests visits from your site who make a purchase with us, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with. Failure to use our links may result in under payment. You are solely responsible for paying all taxes due on fees paid to you from us. As a condition to receiving your payment of fees from us through ShareASale.com, you will be required to complete whatever tax reporting forms they require you to complete and otherwise comply with their platform terms, which we do not control.
9. Access to Affiliate Account Interface
You will need to create a password so that you may enter ShareASale’s affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the fee due to you in connection with the Program and access any text link, approved banner or other creative we make available, which can only be used in the form we provide without modification. Your use of the ShareASale platform is subject to its privacy policy and terms and conditions available on its website, over which we have no control. Timeless and ShareASale are independent third parties, not affiliated with one another. ShareASale may modify its affiliate account interface over time, and we have no control over that.
10. Promotion Restrictions
10.1. You are free to promote your own websites, but when you refer to the TIMELESS brand or link to our website from your website, it reflects on us, our reputation and goodwill. You should know that certain forms of advertising are always prohibited by timelessha.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to your followers or customers to promote timelessha.com so long as the email recipient is already a subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote timelessha.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your website(s) as independent from timelessha.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
10.2. Affiliates that among other keywords in their Pay-Per-Click campaigns use keywords such as timelessha.com, TIMELESS, or variations or misspellings of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from this Program. We will attempt to contact you in such a situation but reserve the right to expel any trademark violator from our Program without prior notice, and on the first occurrence of such PPC bidding behavior.
10.3. You shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our website (i.e., no page from our site or its content or branding is visible on the end-user’s screen). “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any means other than a consumer-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, Edge, Bing, Yahoo, Safari, and similar search or directory engines); (c) set commission tracking cookies through loading of timelessha.com in IFrames, hidden links and automatic pop ups that open timelessha.com; (d) targets text on websites, other than those websites 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 websites 100% owned by the owner of the application.
11. Grant of License
11.1. While this Agreement is in effect, subject to your full compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, revocable, limited right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and solely for purposes of participating in the Program, and (ii) to display any Timeless logo content (such as a banner header) made available to you by use solely for use in connection with the Program and use solely in the form provided to you (without modification). All materials bearing the Timeless name, logo, or showing Timeless product appearance that may be made available to you are owned by Timeless, you acquire no ownership in them, all goodwill associated with such inures to Timeless Skin Care and you must cease using them within one (1) business day of any request from us to do so. The permission to link to our site and refer to our brand and products for purposes of this program does not transfer any ownership in any of the foregoing to you; all rights therein are reserved to us.
11.2. You acknowledge and agree that we may identify you and your websites as a current (or past) affiliate and participant in this Program to third parties in our discretion. You also: (i) grant to us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, right and license to link to, from any of our online pages, any content on your websites using the Timeless name, logo, or showing Timeless products, your reviews of our products or otherwise promoting our products, including a right to show your name, likeness or image, and your website domain or social media handle, as displayed on your websites, in connection with your promotion or review of our products, and (ii) you waive any claims we have violated your rights of publicity in your name, image and likeness in connection with these authorized uses by us.
12. Disclaimer
TIMELESSHA.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING ITS WEBSITE, PRODUCTS, SERVICES OR THE PROGRAM, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE ARE NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. Representations and Warranties
You represent and warrant that:
13.1. You are a legal U.S. resident (unless we specify or allow for another jurisdiction in our instructions communicated to you via ShareASale.com) at least 18 years old (or older if the age of majority is higher than 18 in your jurisdiction), and have the capacity to enter into this Agreement, which will your legal, valid, and binding obligation, enforceable against you in accordance with its terms, once you complete your application to join the Program;
13.2. Nothing prevents you from complying in full with the terms of this Agreement, and you are the owner or authorized operator of the website(s) that will participate in the Program and have full rights to link to timelessha.com from such other sites; and
13.3. Your websites have a legally adequate posted privacy policy (to the extent required by law) and you fully comply with all applicable privacy laws regarding visitors to your websites.
14. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM OR OUR OTHER OFFERINGS 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 OUR 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 FEES PAID TO YOU UNDER THIS AGREEMENT IN THE LAST SIX (6) MONTHS PRECEDING ANY CLAIM.
15. Indemnification
You hereby agree to indemnify and hold harmless us and our affiliates, officers, directors, owners, employees, and agents 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 any misrepresentation of a representation or warranty or breach of or failure to comply with the terms of this Agreement by you (directly or indirectly by any representatives that assist to operate your website).
16. Confidentiality
The amount of fees you receive is our confidential information and may not be disclosed to third parties other than your financial and legal advisers and applicable tax authorities.
17. Miscellaneous
17.1. You agree that you are an independent contractor to us and not our employee. You further acknowledged that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement on your website or otherwise that contradicts this paragraph or implies you may be associated with or affiliated with us.
17.2. This Agreement is personal to you. You may not assign your rights or obligations under this Agreement to any party. We alone will approve requests to participate in the Program case by case.
17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, USA without regard to the conflicts of laws and principles thereof.
17.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
17.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
17.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
17.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
[End of Agreement]