Almina Concept
Program Terms
These terms and conditions set out the rights and obligations which will form the legal agreement (this “Agreement") between you ("Affiliate") and Almina Concept Inc.
BY USING / ACCESSING THE ALMINA CONCEPT AFFILIATE PROGRAM WEBSITE (THE “SITE”) AND THE AFFILIATE INTERFACE (AS DEFINED BELOW), YOU ARE APPLYING AGREEING TO ABIDE BY THESE ALMINA CONCEPT AFFILIATE PROGRAM TERMS AND CONDITIONS. IF YOU PROVIDE ANY PERSONAL INFORMATION TO US THROUGH THIS SITE, YOU CONFIRM THAT YOU HAVE READ AND AGREED TO THE MEJURI PRIVACY POLICY.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU JOIN OUR PROGRAM OR BEGIN MARKETING OUR PROGRAM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. EACH AFFILIATE IS RESPONSIBLE FOR ASSURING THAT THEIR EMPLOYEES, AGENTS AND CONTRACTORS, IF APPLICABLE, COMPLY WITH THESE TERMS AND CONDITIONS.
Upon validation and acceptance by Almina Concept of the Affiliate's application to join the Almina Concept Affiliate Program (as defined below), this Agreement will take effect immediately.
DEFINITIONS
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Almina Concept and our website (as defined below); (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Almina Concept properties located at mejuri.com; (iv) “your website” or “your participating website” refers to any websites that you will link to our website; (v) “Program” refers to the Almina Concept Program.
CHANGES TO PROGRAM TERMS AND CONDITIONS
Almina Concept reserves the right, at its sole discretion, to change, modify, revise, add or delete portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of or participation in the Program following the posting of changes to the Terms and Conditions means that you accept and agree to the changes regardless of whether or not you actually reviewed them.
ENROLMENT IN THE PROGRAM
You must submit an application to the Program from our Site. You must accurately complete the application to become an Affiliate (and continue to provide us with future updates where applicable) and agree not to use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Program. We may accept or reject your application at our sole discretion for any reason.
AFFILIATE ACCOUNT INTERFACE
If your application to become an Affiliate is accepted, you will be asked to create a password so that you may enter the Almina Concept Affiliate Account Interface (the “Affiliate Interface”). From the Affiliate Interface you will be able to receive any reports that will describe our calculation of the Commissions, as defined below, due to you.
ALMINA CONCEPT OBLIGATIONS
Subject to our acceptance of you as an Affiliate and your continued compliance with these Terms and Conditions, Almina Concept agrees as follows:
To make available to you via the Site and your Affiliate Interface, graphic and textual links to the Almina Concept website and / or other creative materials (the “Links”) which you may display on your personal social media (such personal social media being Instagram, YouTube, Twitter, Facebook or a personal blog, in each case, the “Affiliate Media”). For certainty, Affiliate Media does not include couponing websites, discount websites, or other affiliate networks.
Each Link shall contain a cookie which will last for thirty (30) days, during which the Affiliate may use the link to generate a Commission, as defined below.
To pay the Affiliate a commission of eight percent (8%). A “Qualified Action” means a purchase of a Almina Concept Product by an individual person on the Almina Concept website who:
Accessed the Almina Concept website via the Link, where the Link was the last link to the Almina Concept website;
Is not a computer, such as a robot, spider, computer script or other automated, artificial or fraudulent way of appearing to be a living person;
Completes all of the information required for such action within the time period allowed by Almina Concept;
The Almina Concept product purchased by such individual person through the Link is not returned within the Sales Pending Period (as defined below); and
Is not later determined by Almina Concept to be fraudulent, incomplete, or duplicate.
To hold the total Commission for sixty (60) days from the date of the Qualified Action (the “Sales Pending Period”) after which the applicable Commission will be released to the Affiliate automatically.
All Commissions shall be paid out in United States Dollars.
If an Affiliate seeks to dispute in good faith any Commission or portion thereof, Affiliate must submit that dispute to Almina Concept in writing and in sufficient detail within 30 days of the date of the Commission being released. If the Affiliate does not dispute the Commission as set forth herein, then such Affiliate agrees to irrevocably waive any and all claims based on such Commission or portion thereof.
AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
You represent and warrant to Almina Concept that:
You shall not register, lodge or supply with or to any internet search engine or like service the terms "almina concept", "amina-concept", "almina-concept.com", "", "www.almina-concept.com", “almina-concept uri”, "almina-concept .com", "almina", "www.almina-concept", "www.almina-concept.ca", “www.almina-concept.co.uk”, "almina-conceptcom", "www.almina-concept-com", "http://www.almina-concept.com", "http://almina-conceptcom", "alminaconcept", "almina-concept juri", "almina concept", "almina concept", "almina", "allmina", or any other word or phrase which could reasonably be confused with the word "almina concept" or cause confusion regarding almina concept’s other Intellectual Property Rights unless otherwise agreed to in writing by almina concept;
You shall not use an internet search engine or like service to provide links directly to the almina concept website;
If you use an internet search engine or alike service to provide links directly to your website, you shall not register, lodge or supply with or to any such internet search engine or like service any terms which infringe the intellectual property rights of any third party, including for certainty, any terms which are associated with or are the name or logo of Almina Concept's direct or indirect competitors and suppliers, and you shall fully indemnify and keep Almina Concept fully indemnified against all loss, damages, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature which Almina Concept may suffer or incur as a result of breach of this warranty;
You shall ensure that no other web pages, links or other pop-up boxes appear on the screen of a visitor to your website (a “Visitor”) when Almina Concept’s Link is used and that the only web page that appears on the Visitor's screen following the use of the Almina Concept Link is our website;
You will do nothing that would detrimentally affect Almina Concept or Almina Concept's good name and/or reputation and shall fully indemnify and keep Almina Concept fully indemnified against all loss, damages, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature which Almina Concept may suffer or incur as a result of breach of this warranty;
You represent and warrant that you will comply in all respects with any and all obligations you may have under applicable laws, statutes, ordinances or regulations, including but not limited to, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and EU General Data Protection Regulations;
For the duration of your participation in the Program, you represent and warrant that your website:
Complies with all applicable laws and regulations;
Does not infringe any Intellectual Property Rights of a third party;
Does not libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any person or third party;
Does not contain any defamatory, pornographic or unlawful content; or
Does not link directly to any material which is in breach of the provisions of this Agreement.
You will keep the password for your Affiliate Interface secret and secure and will not provide your password or access to your Affiliate Interface to any other third party.
AFFILIATE WEBSITE RESTRICTIONS
Your participating website(s) may not:
Infringe on our Intellectual Property Rights or any anyone else’s intellectual property, publicity, privacy or other rights.
Violate or encourage others to violate any applicable law, rule or regulation.
Solicit personal information from anyone under the age of 18.
Contain any content that we reasonably deem to be threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, Links will be made available to you through the Affiliate Interface. Your acceptance in our program means you agree to and abide by the following rules surrounding linking to our website:
You will only use link obtained from the affiliate interface without manipulation.
All domains that use your affiliate link must be listed in your affiliate profile.
Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote approved affiliate offers to your own lists; more specifically, you are welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “20% off sale at Almina Concept for Mother’s Day with code AlminaConcept20.”
You ARE PROHIBITED from posting your affiliate links on Mejuri’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running Facebook ads with Almina Concept's trademarked company name.
SOCIAL ADVERTISING GUIDELINES
If you are enrolled in our Program and participate in social advertising, you must adhere to our social advertising guidelines as follows:
You may not target fans or followers of any of our social profiles (which are identified below) including any variation or misspellings thereof for social campaigns including, but not limited to Facebook, Twitter, Instagram, LinkedIn, Pinterest or on any social network.
You may not target trademark-related terms as interests (which are identified below), including any variation or misspellings thereof for social campaigns including, but not limited to Facebook, Twitter, Instagram, LinkedIn, Pinterest or on any social network.
You may not use our trademark-related terms or logo in your ad creative, title, ad copy, display name, or as the display URL.
You may not direct link to our website from any social ads or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
You will forfeit all commissions for a minimum of the past 60 days and your commission will be set to 0% without warning if you engage in social advertising that violates the guidelines set forth above.
Almina Concept Social Profiles:
Facebook: @almina_concept
Twitter: @almina_concept
LinkedIn: http://www.linkedin.com/company/almina-concept Pinterest: http://pinterest.com/alminaconcept
Instagram: http://instagram.com/almina_concept
Almina Concept REFERRAL PROGRAM
Affiliates may not participate in the Almina Concept “Share & Earn” referral program by converting referral links into Links. Almina Concept will not pay a Commission and a referral bonus on the same sale.
INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENSE
The content on the Site, other than User Submissions (as defined below), including the text, graphics, and photos created by and for Almina Concept and interactive features (collectively "Content") and the related copyrights, trademarks, logos, domain names, and other intellectual property rights contained therein, are owned by or licensed to Almina Concept subject to copyright and other intellectual property rights (the “Intellectual Property Rights”). Content on the Site is provided to you on an “AS IS” basis without any representations or warranties being made by Almina Concept regarding the Content. You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site’s Content or User Submission (as defined below) of third parties other than expressly permitted herein.
For the purposes of these Terms and Conditions, “User Submissions” means material including ideas, suggestions, opinions, observations, text, data, photographs, audio, sound, chat, messages, comments and files posted by you on your Affiliate Media in connection with the Program, or submitted to us by you, including but not limited to Instagram posts using the tag “#alminaconcept” or variants thereof. You hereby grant Almina Concept a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid, sublicensable and transferrable right to use, reproduce, adapt, publicly present, and communicate any User Submissions in connection with the Program and our website, including without limitation the right to reproduce such User Submissions in Almina Concept advertisements and social media.
We grant you a non-exclusive, non-transferable, revocable right to use the Links (as defined below) solely in accordance with these Terms and Conditions for the sole purpose of identifying your participating website as a participant in the Program. You may not alter, modify, manipulate or create derivative works of the Links or of any Almina Concept Intellectual Property Rights without Almina Concept’s prior written consent. We may revoke your license at any time on written notice to you. Except as expressly stated herein, nothing in these Terms and Conditions is intended to grant you any rights to any of Almina Concept’s Intellectual Property Rights and you agree that Almina Concept may use any suggestion, comment, or recommendation you choose to provide Almina Concept without compensation. All rights not expressly granted by Almina Concept in these Terms and Conditions are expressly reserved by Almina Concept.
DOMAIN NAMES
Use of any of our trademark-related terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. almina-concept.website.com or www.almina-concept-coupons.com).
Prohibited trademarked-related terms: include, but are not limited to: Almina Concept, almina-concept.com, alminaconcept.com , and any/all closely related variations or misspellings.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any other applicable laws with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Almina Concept
E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
OPERATIONS OUTSIDE USA
If you are conducting business in or taking orders from persons in other countries, you agree to follow the laws of those countries and are solely responsible for any non-compliance with the laws of such countries.
REVERSAL & COMMUNICATION POLICY
Almina Concept takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
You are a member of our affiliate program with both Ambassador and ShareASale and receive a commission for the same transaction in both networks.
If any of the above conditions apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate 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 the affiliate management team for review, this also must be clearly stated in your disclosure.
Disclosures must be made as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
TERMINATION AND EFFECT OF TERMINATION
Almina Concept may terminate this Agreement by giving written notice to the Affiliate at any time and for any reason or for material breach of this Agreement or is breach of the warranties in this Agreement.
RELATIONSHIP OF THE PARTIES
Almina Concept and the Affiliate are independent contractors and neither Party shall be considered to be the agent, representative or partner of the other Party.
SEVERABILITY
The invalidity or unenforceability of any term of, or any right arising pursuant to, this Agreement shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.
ASSIGNMENT
This Agreement is personal to the Affiliate and may not be assigned, transferred, sub-contracted or otherwise parted with this Agreement or any right or obligation under it without Almina Concept's prior written consent.
VARIATION
This Agreement (or any provision of it) may be amended from time to time upon a written notice by Almina Concept to the Affiliate signed by a duly authorized representative of Almina Concept.
AFFILIATE INDEMNIFICATION
Affiliate hereby agrees to indemnify, defend and hold harmless Almina Concept and its respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, (iii) any claim related to your Affiliate Media, including but not limited to, the content contained on such Affiliate Media (except for the Links), or (iv) any breach by the Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through the Affiliate, of applicable law in connection with such Affiliate’s participation in the Program.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALMINA CONCEPT, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE ALMINA CONCEPT WEBSITE, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. ALMINA CONCEPT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALMINA CONCEPT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ALMINA CONCEPT BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF ALMINA CONCEPT. IN NO EVENT WILL ALMINA CONCEPT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ALMINA CONCEPT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. MEJURI 'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY ALMINA CONCEPT IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
ENTIRE AGREEMENT
This Agreement contains all the terms which the Parties have agreed in relation to the subject matter of this Agreement.
LAW AND JURISDICTION
The construction, validity and performance of this Agreement is governed by the laws of the province of California.
© 2019 Almina Concept Inc.
BY USING / ACCESSING THE ALMINA CONCEPT AFFILIATE PROGRAM WEBSITE (THE “SITE”) AND THE AFFILIATE INTERFACE (AS DEFINED BELOW), YOU ARE APPLYING AGREEING TO ABIDE BY THESE ALMINA CONCEPT AFFILIATE PROGRAM TERMS AND CONDITIONS. IF YOU PROVIDE ANY PERSONAL INFORMATION TO US THROUGH THIS SITE, YOU CONFIRM THAT YOU HAVE READ AND AGREED TO THE MEJURI PRIVACY POLICY.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU JOIN OUR PROGRAM OR BEGIN MARKETING OUR PROGRAM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. EACH AFFILIATE IS RESPONSIBLE FOR ASSURING THAT THEIR EMPLOYEES, AGENTS AND CONTRACTORS, IF APPLICABLE, COMPLY WITH THESE TERMS AND CONDITIONS.
Upon validation and acceptance by Almina Concept of the Affiliate's application to join the Almina Concept Affiliate Program (as defined below), this Agreement will take effect immediately.
DEFINITIONS
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Almina Concept and our website (as defined below); (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Almina Concept properties located at mejuri.com; (iv) “your website” or “your participating website” refers to any websites that you will link to our website; (v) “Program” refers to the Almina Concept Program.
CHANGES TO PROGRAM TERMS AND CONDITIONS
Almina Concept reserves the right, at its sole discretion, to change, modify, revise, add or delete portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of or participation in the Program following the posting of changes to the Terms and Conditions means that you accept and agree to the changes regardless of whether or not you actually reviewed them.
ENROLMENT IN THE PROGRAM
You must submit an application to the Program from our Site. You must accurately complete the application to become an Affiliate (and continue to provide us with future updates where applicable) and agree not to use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Program. We may accept or reject your application at our sole discretion for any reason.
AFFILIATE ACCOUNT INTERFACE
If your application to become an Affiliate is accepted, you will be asked to create a password so that you may enter the Almina Concept Affiliate Account Interface (the “Affiliate Interface”). From the Affiliate Interface you will be able to receive any reports that will describe our calculation of the Commissions, as defined below, due to you.
ALMINA CONCEPT OBLIGATIONS
Subject to our acceptance of you as an Affiliate and your continued compliance with these Terms and Conditions, Almina Concept agrees as follows:
To make available to you via the Site and your Affiliate Interface, graphic and textual links to the Almina Concept website and / or other creative materials (the “Links”) which you may display on your personal social media (such personal social media being Instagram, YouTube, Twitter, Facebook or a personal blog, in each case, the “Affiliate Media”). For certainty, Affiliate Media does not include couponing websites, discount websites, or other affiliate networks.
Each Link shall contain a cookie which will last for thirty (30) days, during which the Affiliate may use the link to generate a Commission, as defined below.
To pay the Affiliate a commission of eight percent (8%). A “Qualified Action” means a purchase of a Almina Concept Product by an individual person on the Almina Concept website who:
Accessed the Almina Concept website via the Link, where the Link was the last link to the Almina Concept website;
Is not a computer, such as a robot, spider, computer script or other automated, artificial or fraudulent way of appearing to be a living person;
Completes all of the information required for such action within the time period allowed by Almina Concept;
The Almina Concept product purchased by such individual person through the Link is not returned within the Sales Pending Period (as defined below); and
Is not later determined by Almina Concept to be fraudulent, incomplete, or duplicate.
To hold the total Commission for sixty (60) days from the date of the Qualified Action (the “Sales Pending Period”) after which the applicable Commission will be released to the Affiliate automatically.
All Commissions shall be paid out in United States Dollars.
If an Affiliate seeks to dispute in good faith any Commission or portion thereof, Affiliate must submit that dispute to Almina Concept in writing and in sufficient detail within 30 days of the date of the Commission being released. If the Affiliate does not dispute the Commission as set forth herein, then such Affiliate agrees to irrevocably waive any and all claims based on such Commission or portion thereof.
AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
You represent and warrant to Almina Concept that:
You shall not register, lodge or supply with or to any internet search engine or like service the terms "almina concept", "amina-concept", "almina-concept.com", "", "www.almina-concept.com", “almina-concept uri”, "almina-concept .com", "almina", "www.almina-concept", "www.almina-concept.ca", “www.almina-concept.co.uk”, "almina-conceptcom", "www.almina-concept-com", "http://www.almina-concept.com", "http://almina-conceptcom", "alminaconcept", "almina-concept juri", "almina concept", "almina concept", "almina", "allmina", or any other word or phrase which could reasonably be confused with the word "almina concept" or cause confusion regarding almina concept’s other Intellectual Property Rights unless otherwise agreed to in writing by almina concept;
You shall not use an internet search engine or like service to provide links directly to the almina concept website;
If you use an internet search engine or alike service to provide links directly to your website, you shall not register, lodge or supply with or to any such internet search engine or like service any terms which infringe the intellectual property rights of any third party, including for certainty, any terms which are associated with or are the name or logo of Almina Concept's direct or indirect competitors and suppliers, and you shall fully indemnify and keep Almina Concept fully indemnified against all loss, damages, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature which Almina Concept may suffer or incur as a result of breach of this warranty;
You shall ensure that no other web pages, links or other pop-up boxes appear on the screen of a visitor to your website (a “Visitor”) when Almina Concept’s Link is used and that the only web page that appears on the Visitor's screen following the use of the Almina Concept Link is our website;
You will do nothing that would detrimentally affect Almina Concept or Almina Concept's good name and/or reputation and shall fully indemnify and keep Almina Concept fully indemnified against all loss, damages, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature which Almina Concept may suffer or incur as a result of breach of this warranty;
You represent and warrant that you will comply in all respects with any and all obligations you may have under applicable laws, statutes, ordinances or regulations, including but not limited to, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and EU General Data Protection Regulations;
For the duration of your participation in the Program, you represent and warrant that your website:
Complies with all applicable laws and regulations;
Does not infringe any Intellectual Property Rights of a third party;
Does not libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any person or third party;
Does not contain any defamatory, pornographic or unlawful content; or
Does not link directly to any material which is in breach of the provisions of this Agreement.
You will keep the password for your Affiliate Interface secret and secure and will not provide your password or access to your Affiliate Interface to any other third party.
AFFILIATE WEBSITE RESTRICTIONS
Your participating website(s) may not:
Infringe on our Intellectual Property Rights or any anyone else’s intellectual property, publicity, privacy or other rights.
Violate or encourage others to violate any applicable law, rule or regulation.
Solicit personal information from anyone under the age of 18.
Contain any content that we reasonably deem to be threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, Links will be made available to you through the Affiliate Interface. Your acceptance in our program means you agree to and abide by the following rules surrounding linking to our website:
You will only use link obtained from the affiliate interface without manipulation.
All domains that use your affiliate link must be listed in your affiliate profile.
Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE allowed to promote approved affiliate offers to your own lists; more specifically, you are welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “20% off sale at Almina Concept for Mother’s Day with code AlminaConcept20.”
You ARE PROHIBITED from posting your affiliate links on Mejuri’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running Facebook ads with Almina Concept's trademarked company name.
SOCIAL ADVERTISING GUIDELINES
If you are enrolled in our Program and participate in social advertising, you must adhere to our social advertising guidelines as follows:
You may not target fans or followers of any of our social profiles (which are identified below) including any variation or misspellings thereof for social campaigns including, but not limited to Facebook, Twitter, Instagram, LinkedIn, Pinterest or on any social network.
You may not target trademark-related terms as interests (which are identified below), including any variation or misspellings thereof for social campaigns including, but not limited to Facebook, Twitter, Instagram, LinkedIn, Pinterest or on any social network.
You may not use our trademark-related terms or logo in your ad creative, title, ad copy, display name, or as the display URL.
You may not direct link to our website from any social ads or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
You will forfeit all commissions for a minimum of the past 60 days and your commission will be set to 0% without warning if you engage in social advertising that violates the guidelines set forth above.
Almina Concept Social Profiles:
Facebook: @almina_concept
Twitter: @almina_concept
LinkedIn: http://www.linkedin.com/company/almina-concept Pinterest: http://pinterest.com/alminaconcept
Instagram: http://instagram.com/almina_concept
Almina Concept REFERRAL PROGRAM
Affiliates may not participate in the Almina Concept “Share & Earn” referral program by converting referral links into Links. Almina Concept will not pay a Commission and a referral bonus on the same sale.
INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENSE
The content on the Site, other than User Submissions (as defined below), including the text, graphics, and photos created by and for Almina Concept and interactive features (collectively "Content") and the related copyrights, trademarks, logos, domain names, and other intellectual property rights contained therein, are owned by or licensed to Almina Concept subject to copyright and other intellectual property rights (the “Intellectual Property Rights”). Content on the Site is provided to you on an “AS IS” basis without any representations or warranties being made by Almina Concept regarding the Content. You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site’s Content or User Submission (as defined below) of third parties other than expressly permitted herein.
For the purposes of these Terms and Conditions, “User Submissions” means material including ideas, suggestions, opinions, observations, text, data, photographs, audio, sound, chat, messages, comments and files posted by you on your Affiliate Media in connection with the Program, or submitted to us by you, including but not limited to Instagram posts using the tag “#alminaconcept” or variants thereof. You hereby grant Almina Concept a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid, sublicensable and transferrable right to use, reproduce, adapt, publicly present, and communicate any User Submissions in connection with the Program and our website, including without limitation the right to reproduce such User Submissions in Almina Concept advertisements and social media.
We grant you a non-exclusive, non-transferable, revocable right to use the Links (as defined below) solely in accordance with these Terms and Conditions for the sole purpose of identifying your participating website as a participant in the Program. You may not alter, modify, manipulate or create derivative works of the Links or of any Almina Concept Intellectual Property Rights without Almina Concept’s prior written consent. We may revoke your license at any time on written notice to you. Except as expressly stated herein, nothing in these Terms and Conditions is intended to grant you any rights to any of Almina Concept’s Intellectual Property Rights and you agree that Almina Concept may use any suggestion, comment, or recommendation you choose to provide Almina Concept without compensation. All rights not expressly granted by Almina Concept in these Terms and Conditions are expressly reserved by Almina Concept.
DOMAIN NAMES
Use of any of our trademark-related terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. almina-concept.website.com or www.almina-concept-coupons.com).
Prohibited trademarked-related terms: include, but are not limited to: Almina Concept, almina-concept.com, alminaconcept.com , and any/all closely related variations or misspellings.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any other applicable laws with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Almina Concept
E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.
OPERATIONS OUTSIDE USA
If you are conducting business in or taking orders from persons in other countries, you agree to follow the laws of those countries and are solely responsible for any non-compliance with the laws of such countries.
REVERSAL & COMMUNICATION POLICY
Almina Concept takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
You are a member of our affiliate program with both Ambassador and ShareASale and receive a commission for the same transaction in both networks.
If any of the above conditions apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate 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 the affiliate management team for review, this also must be clearly stated in your disclosure.
Disclosures must be made as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
TERMINATION AND EFFECT OF TERMINATION
Almina Concept may terminate this Agreement by giving written notice to the Affiliate at any time and for any reason or for material breach of this Agreement or is breach of the warranties in this Agreement.
RELATIONSHIP OF THE PARTIES
Almina Concept and the Affiliate are independent contractors and neither Party shall be considered to be the agent, representative or partner of the other Party.
SEVERABILITY
The invalidity or unenforceability of any term of, or any right arising pursuant to, this Agreement shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.
ASSIGNMENT
This Agreement is personal to the Affiliate and may not be assigned, transferred, sub-contracted or otherwise parted with this Agreement or any right or obligation under it without Almina Concept's prior written consent.
VARIATION
This Agreement (or any provision of it) may be amended from time to time upon a written notice by Almina Concept to the Affiliate signed by a duly authorized representative of Almina Concept.
AFFILIATE INDEMNIFICATION
Affiliate hereby agrees to indemnify, defend and hold harmless Almina Concept and its respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, (iii) any claim related to your Affiliate Media, including but not limited to, the content contained on such Affiliate Media (except for the Links), or (iv) any breach by the Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through the Affiliate, of applicable law in connection with such Affiliate’s participation in the Program.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALMINA CONCEPT, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE ALMINA CONCEPT WEBSITE, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. ALMINA CONCEPT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALMINA CONCEPT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ALMINA CONCEPT BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF ALMINA CONCEPT. IN NO EVENT WILL ALMINA CONCEPT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ALMINA CONCEPT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. MEJURI 'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY ALMINA CONCEPT IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
ENTIRE AGREEMENT
This Agreement contains all the terms which the Parties have agreed in relation to the subject matter of this Agreement.
LAW AND JURISDICTION
The construction, validity and performance of this Agreement is governed by the laws of the province of California.
© 2019 Almina Concept Inc.