TERMS AND CONDITIONS OF RAGAN SKIN (raganskin.com) / ISABELLA LONERAGAN SKIN (ilskin.com.au) AFFILIATE AGREEMENT.
This Agreement contains the terms and conditions that apply to you becoming an affiliate in Ragan Skin’s affiliate program. Please note that throughout this Agreement, "we," "us," and "our" refer to raganskin.com (or ilskin.com.au), and "you," "your," and "yours" refer to Affiliate. It is anticipated that the parties will utilise their best efforts to enable and ensure a successful affiliation. By using these services, as an Affiliate, employee, independent contractor or agent of any organisation, you are agreeing to these Terms and Conditions on behalf of yourself and that organisation.
Both parties hereto represent and agree that neither is an independent contractor of the other, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship whatsoever. Affiliate has no authority to make or accept any offers or representations on behalf Ragan Skin / Isabella Loneragan Skin. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
As an affiliate (Affiliate) of Ragan Skin (Ragan Skin) / Isabella Loneragan Skin (Isabella Loneragan Skin) you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting as an Affiliate. Your participation in the Program is solely to legally promote raganskin.com (or ilskin.com.au), with a commission on products and/or bookings purchased by individuals referred to by your own website, the website of the publisher you represent or personal referrals. By signing up for the Ragan Skin Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Confidentiality: This document including its contents and/or any attachments is deemed confidential. The Affiliate may not disclose, disseminate, distribute, or forward this document and/or any related attachments or future related materials or work product to any other parties.
1. Approval or Rejection of the Application - We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Commissions - Commissions will be paid in in accordance with the pre-set commission rate. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, fraud or refunds will not be paid out. Ragan Skin utilises ShareASale.com as a third-party affiliate network for processing, tracking and payment. Ragan Skin recommends that Affiliates review ShareASale.com’s payment terms and conditions.
3. Termination - Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons. Ragan Skin reserves the right to reject any website or affiliate if we determine, at our sole discretion and following our review of your site or marketing efforts, that your site or marketing efforts are unsuitable for any reason. This may include but is not limited to: Inappropriate publicity (false claims, misleading hyperlinks, etc.). · Spamming (mass email, mass newsgroup posting, etc.). · Advertising on sites containing or promoting illegal activities. · Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Australian legal guidelines and regulations, or any applicable state laws. · Self-referrals, fraudulent transactions, suspected Affiliate fraud. · Operating or utilising a website or e-mail link to websites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a website(s) that do so. · The use of spyware, adware, malware, toolbars or any other form of parasitic or stealth software. · Engaging in cybersquatting or typo squatting · Engaging in fraudulent activity. Failure to implement reasonable recommendations may result in the termination of your participation as an Affiliate.
4. Prohibited Website Content - This includes but is not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
5. Coupons and Promotional Codes - Affiliates may only use coupons and promotional codes that are provided exclusively through the affiliate program via the Ragan Skin program manager. · Affiliates must remove all codes that have expired and are no longer valid. · Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorised deals to the specific affiliate. · Affiliates may not generate pop-ups, pop-under, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular deal. Your link must send the visitor to the merchant site. Ragan Skin reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
6. Fraudulent Activity – Ragan Skin has the right to return any sales deemed fraudulent. Fraudulent traffic will be defined as the following: · Fake or Bot generated purchases or incorrect billing addresses. · If sales are deemed fraudulent, Ragan Skin will suspend the affiliate and cancel commissions immediately. The Affiliate assumes all responsibility to follow all applicable intellectual property and other laws pertaining to Affiliate’s site. Affiliate agrees to secure express permission for the use any copyrighted material. Ragan Skin is not responsible (and you will be solely responsible) for the unauthorised use of another's copyrighted material or other intellectual property in violation of the law or any third-party rights. Ragan Skin withholds the right to suspend the affiliate immediately and cancel commissions if they have driven fraudulent sales or if they are in breach of any terms and conditions set forth.
7. Trademark Terms - The use of toolbars or browser plug-ins for the purpose of applying a cookie or redirecting traffic is prohibited. Any affiliates found to be using said functionalities and marketing tools will be removed from the program with accrued commissions reversed. Publishers may not bid on registered trademarks, or registered URLS (including variations, abbreviations or misspellings of same) of Ragan Skin or Isabella Loneragan Skin.
8. Liability - Ragan Skin will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
9. Indemnification - Affiliate agrees to indemnify and hold harmless Ragan Skin / Isabella Loneragan Skin, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, 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 our 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. The Parties shall at all times be solely responsible for the actions of their employees, licensees and other marketing personnel as well as secretarial and support staff hired or engaged by them. The Parties shall not be considered the employer and shall not be in any way responsible for the unauthorised actions of any of the others personnel or of any associate or licensee thereof or any other brokers or agents.
10. Term of the Agreement - The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time.
11. Permission to publish mentions and promotions The Affiliate agrees and grants Ragan Skin / Isabella Loneragan Skin permission to highlight any promotions of the affiliate promotions on the Ragan Skin / Isabella Loneragan Skin website or to be used in marketing/advertising purposes.
12. Ragan Skin reserves the right, at any time, to review placement and approval of all use of your links and may require changes in the placement or use in compliance with the guidelines provided. Affiliate represents all maintenance and/or updating of its site shall be its sole responsibility. Ragan Skin reserves the right to monitor Affiliate’s site, as necessary, to ensure compliance and to will notify you of any changes advised to enhance performance.
