Program Terms
Our affiliates are very important to us. In every aspect of our business, we strive to treat you fairly and respectfully. We simply ask for the same consideration from you. Our affiliate agreement has been drafted with your best interest in mind, as well as to safeguard our company's good name. We appreciate your patience as we walk you through this process.
If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results please email us at affiliates@nailreformation.com.
Please read the entire agreement.
You may print this page for your records.
This is a legal agreement between you and Nail Reformation, LLC.
By submitting the online application, you are agreeing that you have read and understood the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Nail Reformation's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the Nail Reformation website. Please note that throughout this Agreement, "we," "us," and "our" refer to Nail Reformation, and "you," "your," and "yours" refer to the affiliate.
2. Enrollment
To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. All applications are reviewed to ensure there is a good fit. We may reject your application at our sole discretion. If your site is unsuitable for the program, we may cancel your application. This includes but is not limited to:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, 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 Nail Reformation or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You MUST not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are nailreformation.com or any other affiliated business.
2.2. As a member of Nail Reformation's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Nail Reformation's website) and banner creatives, browse, and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with.
2.3. Nail Reformation reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be writing, an image, 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 the law or any third-party rights.
3. Payment
Upon acceptance into the Program, you will be eligible to receive an affiliate commission for the successful completion of eligible purchases. An "eligible purchase" occurs when a customer (not you) clicks through the link (supplied by Nail Reformation to you) to the Nail Reformation website and successfully completes a purchase for which Nail Reformation receives and retains payment. The current rates of the commission shall be set forth in your Shareasale.com affiliate program located on the Shareasale.com affiliate website. Nail Reformation reserves the right to modify the commission rate from time to time, in its sole discretion. Nail Reformation is responsible for authorizing commission payments and Shareasale.com will be solely responsible for fulfilling and transferring all commission payments in accordance with the Shareasale.com agreement. Nail Reformation will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Nail Reformation, whether in connection with this agreement (including any breach hereof by you) or otherwise.
4. Access to Affiliate Account Interface
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site, you will be able to receive your reports that will describe our calculation of the commissions due to you.
5. Search Engines
Bidding is allowed on Google and Bing/Yahoo with a few restrictions listed herein.
Bidding on Ask, Facebook, Twitter, Find What, and other search engines and social media sites are permitted with no restrictions on Nail Reformation trademarked terms.
Clause 3 below (Competitor Terms) in the PPC Policy must be followed on all pay-per-click search engines and advertisements.
6. Nail Reformation Trademarks
Affiliates MUST not bid on Nail Reformation trademark terms on any search engine or PPC platform, including but not limited to Google, Bing/Yahoo, Facebook, etc. For example, "Nail Reformation coupons", "Nail Reformation coupon codes", etc.
Affiliates MUST NOT use www.nailreformation.com in the display URL at any PPC search engine or various content network sections. Alternative spellings of our domain name are also not permitted, including but not limited to www. nailreformation.com, www.nail-reformation.com, www. nailreformation.net, etc. See the direct linking policy below for additional information.
Affiliates are permitted to use Nail Reformation trademarks in the URL to the right of the domain in the display URL. Example: www.yoursite.com/nailreformation.
Affiliates MUST not include "Official Site" or make representations that your advertisement is from Nail Reformation.
Affiliates MUST not bid on Nail Reformation + "term" on Google and Bing/Yahoo. Example: Nail Reformation reviews, Nail Reformation discounts, etc.
You may bid on product-specific terms.
Nail Reformation terms include all of the following and any potential misspellings not shown here:
www. nailreformation.com
nailreformation.com
www. nailreformation
Nail Reformation
NailReformation
7. Direct to Merchant / Landing Pages
Direct-to-merchant linking is not permitted on Google and Yahoo/Bing. Affiliates MUST not use our URL in the display URL on any PPC advertisement.
Domain misspellings are not allowed in the display URL on any advertisement including but not limited to www. nailreformation.com, www. nailreformation.net, www.nail-reformation.com, etc.
8. Geo-Targeting and Dayparting
Geo-Targeting is allowed on all search engines as long as policies regarding display URL, competitor terms, and trademarks are followed.
Dayparting is allowed on all search engines as long as policies regarding display URL, competitor terms, and trademarks are followed.
Using geo-targeting and dayparting to avoid enforcement of the Nail Reformation PPC Policy is strictly prohibited and grounds for immediate removal and reversal of all commissions up to 30 days prior to the date of the PPC violation.
International geo-targeting is not allowed as it does not comply with our international shipping and fulfillment policies.
International affiliates are not accepted at this time unless their website serves the USA only.
9. Ad Copy Restrictions
Affiliates are required to be truthful about any advertisement representing Nail Reformation, including information surrounding discounts and special offers.
Do not represent your advertisement as an official or endorsed Nail Reformation advertisement or site.
10. Coupon Code Guidelines
You must NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search, influencer or any other non-affiliate advertising campaign.
You must ONLY advertise coupon codes that are provided to you through the Program or that are displayed publicly on the Nail Reformation website. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in your removal from the Program. Coupons must be displayed in their entirety with the full offer, valid expiration date, and code.
You must NOT use any technology that covers up the coupon code and generates an affiliate click by revealing the code(s).
You must NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other advertising campaign.
You must NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem or example, if all items on the site have free shipping over $100, you must not turn this into an offer that infers that the customer must click from your website to get this deal.
11. Social Media
Promotion on Facebook, Instagram, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Instagram, Twitter, etc. pages. For example: You may post, “10% off sale at Nail Reformation through Wednesday with code NR10.”
You are PROHIBITED from posting your affiliate links on Nail Reformation's Instagram, Facebook, etc. company pages in an attempt to turn those links into affiliate sales.
12. Exclusions, Penalties, and Notifications
Nail Reformation reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.
Excluded affiliates are required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.
Affiliates receive one warning and are given 48 business hours to comply with any PPC violations. A second violation will result in termination of the affiliate relationship and may be cause for reversal of past commissions earned up to 30 days prior to the second violation. See below exceptions to this policy.
Affiliates found using geo-targeting or dayparting features on search engines to avoid enforcement of the Nail Reformation PPC Policy will be immediately removed from the Nail Reformation affiliate program, have all commissions reversed up to 30 days prior to the violation date, and be immediately reported to the Affiliate Network for investigation.
Affiliates found in breach of the PPC Policy and Terms of Service regarding competitor terms will be immediately removed from the program, have all commissions reversed up to 30 days, and be subject to a $5,000 penalty.
From time to time, Nail Reformation may review the PPC policy for changes in the way search engines operate or changes in Nail Reformation's philosophy. Any changes made to the PPC Policy will be announced via the Nail Reformation affiliate newsletter and posted on the Nail Reformation website. Affiliates are given no less than 7 business days to comply with any new PPC terms before a first violation is cited on the affiliate's account.
13. Grant of Licenses
13.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Nail Reformation's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Nail Reformation and the goodwill associated therewith will insure to the sole benefit of Nail Reformation.
13.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
14. Representations and Warranties
You represent and warrant that:
14.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
14.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
14.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
15. Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, members, directors, and licensors from and against any claims, actions, damages, or other costs or demands, including without limitation reasonable attorney’s and accounting fees and legal costs, alleging or resulting in any way from your participation in the program, from any activity arising in connection with your use of our website or service offerings, or your breach of this Agreement. We shall provide notice to you promptly of any such claim. You shall also indemnify and hold harmless the Indemnities from any damage, loss, or other cost arising out of the use or misuse by you of the trademarks or content.
16. Lawful Compliance
In connection with your participation in this Program, you will comply with all applicable laws, rules, and regulations, including but not limited to the following laws, rules, and regulations governing marketing and promotions:
The CAN-SPAM Act of 2003
You MUST not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as "spam"). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations, and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003, or any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc.
We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate or cancel any account, that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. We reserve the right without notice to take all measures of any nature (whether legal, technical, or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages, or campaigns from entering, utilizing, or remaining within our program. Accounts terminated or canceled in connection to spam or other unsolicited bulk email activity are ineligible for any owed commission.
The content you include in any email must be accurate and you may only use our links and codes to send emails to customers and contacts who have expressly opted in or otherwise given you lawful permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, they should not be included in any email marketing campaign. You must be able to provide opt-in verification for each contact for each email marketing campaign.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.
Section 5 of the FTC Act
The FTC's disclosure rules regarding endorsements
To comply with the FTC's disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from our designated affiliate management team for review, this also must be clearly stated in your disclosure.
16. Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of California, without regard to its choice of law principles. You hereby irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California with respect to any proceeding regarding this Agreement. You will not prosecute any action, suit, proceeding, or claim arising under or by reason of this Agreement except in such courts.
17. Changes to this Agreement
We may update the terms of this agreement from time to time by publishing a new version on our website or by sending notice of any modifications to you via email to the then email address currently associated with your affiliate account (and such change by email will be effective on the date specified in such email and will in no event be less than two days after the date the email is sent). By continuing to participate in the program following our posting of any change notice, revised agreement, or revised documentation, you are agreeing to be bound by this agreement, as amended by any such change notice, revised agreement, or revised documentation, and you acknowledge and agree that you have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this agreement, and hereby represent and warrant that you will remain in compliance with this agreement. The terms and conditions of this Agreement MUST not be amended, waived, or modified by you unless set forth in writing and signed by us (e-mail is not sufficient). If any modification is unacceptable to you, your only recourse is to terminate this agreement by notifying us.
Reporting Violations
Violations of the Nail Reformation PPC Policy may be reported to affiliates@nailreformation.com including but not limited to screenshots of the ad, geographical location of the ad, URL/network tracking information, and the search engine where the ad was found.
Updated 05/24/2024
If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results please email us at affiliates@nailreformation.com.
Please read the entire agreement.
You may print this page for your records.
This is a legal agreement between you and Nail Reformation, LLC.
By submitting the online application, you are agreeing that you have read and understood the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Nail Reformation's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the Nail Reformation website. Please note that throughout this Agreement, "we," "us," and "our" refer to Nail Reformation, and "you," "your," and "yours" refer to the affiliate.
2. Enrollment
To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. All applications are reviewed to ensure there is a good fit. We may reject your application at our sole discretion. If your site is unsuitable for the program, we may cancel your application. This includes but is not limited to:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, 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 Nail Reformation or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You MUST not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are nailreformation.com or any other affiliated business.
2.2. As a member of Nail Reformation's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Nail Reformation's website) and banner creatives, browse, and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with.
2.3. Nail Reformation reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be writing, an image, 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 the law or any third-party rights.
3. Payment
Upon acceptance into the Program, you will be eligible to receive an affiliate commission for the successful completion of eligible purchases. An "eligible purchase" occurs when a customer (not you) clicks through the link (supplied by Nail Reformation to you) to the Nail Reformation website and successfully completes a purchase for which Nail Reformation receives and retains payment. The current rates of the commission shall be set forth in your Shareasale.com affiliate program located on the Shareasale.com affiliate website. Nail Reformation reserves the right to modify the commission rate from time to time, in its sole discretion. Nail Reformation is responsible for authorizing commission payments and Shareasale.com will be solely responsible for fulfilling and transferring all commission payments in accordance with the Shareasale.com agreement. Nail Reformation will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Nail Reformation, whether in connection with this agreement (including any breach hereof by you) or otherwise.
4. Access to Affiliate Account Interface
You will create a password so that you may enter ShareASale’s secure affiliate account interface. From their site, you will be able to receive your reports that will describe our calculation of the commissions due to you.
5. Search Engines
Bidding is allowed on Google and Bing/Yahoo with a few restrictions listed herein.
Bidding on Ask, Facebook, Twitter, Find What, and other search engines and social media sites are permitted with no restrictions on Nail Reformation trademarked terms.
Clause 3 below (Competitor Terms) in the PPC Policy must be followed on all pay-per-click search engines and advertisements.
6. Nail Reformation Trademarks
Affiliates MUST not bid on Nail Reformation trademark terms on any search engine or PPC platform, including but not limited to Google, Bing/Yahoo, Facebook, etc. For example, "Nail Reformation coupons", "Nail Reformation coupon codes", etc.
Affiliates MUST NOT use www.nailreformation.com in the display URL at any PPC search engine or various content network sections. Alternative spellings of our domain name are also not permitted, including but not limited to www. nailreformation.com, www.nail-reformation.com, www. nailreformation.net, etc. See the direct linking policy below for additional information.
Affiliates are permitted to use Nail Reformation trademarks in the URL to the right of the domain in the display URL. Example: www.yoursite.com/nailreformation.
Affiliates MUST not include "Official Site" or make representations that your advertisement is from Nail Reformation.
Affiliates MUST not bid on Nail Reformation + "term" on Google and Bing/Yahoo. Example: Nail Reformation reviews, Nail Reformation discounts, etc.
You may bid on product-specific terms.
Nail Reformation terms include all of the following and any potential misspellings not shown here:
www. nailreformation.com
nailreformation.com
www. nailreformation
Nail Reformation
NailReformation
7. Direct to Merchant / Landing Pages
Direct-to-merchant linking is not permitted on Google and Yahoo/Bing. Affiliates MUST not use our URL in the display URL on any PPC advertisement.
Domain misspellings are not allowed in the display URL on any advertisement including but not limited to www. nailreformation.com, www. nailreformation.net, www.nail-reformation.com, etc.
8. Geo-Targeting and Dayparting
Geo-Targeting is allowed on all search engines as long as policies regarding display URL, competitor terms, and trademarks are followed.
Dayparting is allowed on all search engines as long as policies regarding display URL, competitor terms, and trademarks are followed.
Using geo-targeting and dayparting to avoid enforcement of the Nail Reformation PPC Policy is strictly prohibited and grounds for immediate removal and reversal of all commissions up to 30 days prior to the date of the PPC violation.
International geo-targeting is not allowed as it does not comply with our international shipping and fulfillment policies.
International affiliates are not accepted at this time unless their website serves the USA only.
9. Ad Copy Restrictions
Affiliates are required to be truthful about any advertisement representing Nail Reformation, including information surrounding discounts and special offers.
Do not represent your advertisement as an official or endorsed Nail Reformation advertisement or site.
10. Coupon Code Guidelines
You must NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search, influencer or any other non-affiliate advertising campaign.
You must ONLY advertise coupon codes that are provided to you through the Program or that are displayed publicly on the Nail Reformation website. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in your removal from the Program. Coupons must be displayed in their entirety with the full offer, valid expiration date, and code.
You must NOT use any technology that covers up the coupon code and generates an affiliate click by revealing the code(s).
You must NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other advertising campaign.
You must NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem or example, if all items on the site have free shipping over $100, you must not turn this into an offer that infers that the customer must click from your website to get this deal.
11. Social Media
Promotion on Facebook, Instagram, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Instagram, Twitter, etc. pages. For example: You may post, “10% off sale at Nail Reformation through Wednesday with code NR10.”
You are PROHIBITED from posting your affiliate links on Nail Reformation's Instagram, Facebook, etc. company pages in an attempt to turn those links into affiliate sales.
12. Exclusions, Penalties, and Notifications
Nail Reformation reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.
Excluded affiliates are required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.
Affiliates receive one warning and are given 48 business hours to comply with any PPC violations. A second violation will result in termination of the affiliate relationship and may be cause for reversal of past commissions earned up to 30 days prior to the second violation. See below exceptions to this policy.
Affiliates found using geo-targeting or dayparting features on search engines to avoid enforcement of the Nail Reformation PPC Policy will be immediately removed from the Nail Reformation affiliate program, have all commissions reversed up to 30 days prior to the violation date, and be immediately reported to the Affiliate Network for investigation.
Affiliates found in breach of the PPC Policy and Terms of Service regarding competitor terms will be immediately removed from the program, have all commissions reversed up to 30 days, and be subject to a $5,000 penalty.
From time to time, Nail Reformation may review the PPC policy for changes in the way search engines operate or changes in Nail Reformation's philosophy. Any changes made to the PPC Policy will be announced via the Nail Reformation affiliate newsletter and posted on the Nail Reformation website. Affiliates are given no less than 7 business days to comply with any new PPC terms before a first violation is cited on the affiliate's account.
13. Grant of Licenses
13.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Nail Reformation's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Nail Reformation and the goodwill associated therewith will insure to the sole benefit of Nail Reformation.
13.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
14. Representations and Warranties
You represent and warrant that:
14.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
14.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
14.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
15. Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, members, directors, and licensors from and against any claims, actions, damages, or other costs or demands, including without limitation reasonable attorney’s and accounting fees and legal costs, alleging or resulting in any way from your participation in the program, from any activity arising in connection with your use of our website or service offerings, or your breach of this Agreement. We shall provide notice to you promptly of any such claim. You shall also indemnify and hold harmless the Indemnities from any damage, loss, or other cost arising out of the use or misuse by you of the trademarks or content.
16. Lawful Compliance
In connection with your participation in this Program, you will comply with all applicable laws, rules, and regulations, including but not limited to the following laws, rules, and regulations governing marketing and promotions:
The CAN-SPAM Act of 2003
You MUST not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as "spam"). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations, and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003, or any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc.
We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate or cancel any account, that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. We reserve the right without notice to take all measures of any nature (whether legal, technical, or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages, or campaigns from entering, utilizing, or remaining within our program. Accounts terminated or canceled in connection to spam or other unsolicited bulk email activity are ineligible for any owed commission.
The content you include in any email must be accurate and you may only use our links and codes to send emails to customers and contacts who have expressly opted in or otherwise given you lawful permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, they should not be included in any email marketing campaign. You must be able to provide opt-in verification for each contact for each email marketing campaign.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.
Section 5 of the FTC Act
The FTC's disclosure rules regarding endorsements
To comply with the FTC's disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from our designated affiliate management team for review, this also must be clearly stated in your disclosure.
16. Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of California, without regard to its choice of law principles. You hereby irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California with respect to any proceeding regarding this Agreement. You will not prosecute any action, suit, proceeding, or claim arising under or by reason of this Agreement except in such courts.
17. Changes to this Agreement
We may update the terms of this agreement from time to time by publishing a new version on our website or by sending notice of any modifications to you via email to the then email address currently associated with your affiliate account (and such change by email will be effective on the date specified in such email and will in no event be less than two days after the date the email is sent). By continuing to participate in the program following our posting of any change notice, revised agreement, or revised documentation, you are agreeing to be bound by this agreement, as amended by any such change notice, revised agreement, or revised documentation, and you acknowledge and agree that you have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this agreement, and hereby represent and warrant that you will remain in compliance with this agreement. The terms and conditions of this Agreement MUST not be amended, waived, or modified by you unless set forth in writing and signed by us (e-mail is not sufficient). If any modification is unacceptable to you, your only recourse is to terminate this agreement by notifying us.
Reporting Violations
Violations of the Nail Reformation PPC Policy may be reported to affiliates@nailreformation.com including but not limited to screenshots of the ad, geographical location of the ad, URL/network tracking information, and the search engine where the ad was found.
Updated 05/24/2024