Mommy Makeup

Mommy Makeup Affiliate Terms & Conditions

Please read our affiliate terms and conditions carefully

before you join our program or begin marketing our program.

FOREWORD

Our affiliates are very important to us. We do our best to

treat you with the fairness and respect you deserve. We

simply ask the same consideration from you. We have written

the following affiliate agreement with you in mind, as well

as to protect our company’s good name. Please bear with us

as we take you through this legal formality. 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

. You can also reach us via

phone, toll-free: 1-877-MOMMY-98.

SUMMARY

1. Do not apply if your website promotes sexually explicit

materials, violence, discrimination, and/or illegal

activities.

2. We do not work with distributors of downloadable

software, toolbars, browser helper objects, shopping

assistance applications, etc. without prior approval. Please

contact us and we will approve your app on a case-by-case

basis.

3. You must comply with FTC’s Endorsement Guidelines.

4. Fraud will be policed and penalized.

5. Spamming is prohibited.

6. Paid search campaigns containing our branded/trademarked

terms and derivatives of our branded/trademarked terms ARE

NOT PERMITTED.

7. Cybersquatting and typosquatting are prohibited.

PUBLISHER AGREEMENT

This Affiliate Agreement (this "Agreement") is made between

you ("You" or "affiliate" or "partner" or "publisher") and

us ("We" or "Us" or "Mommy Makeup" or "MommyMakeup.com" or

"merchant"). Neither ShareASale nor any of its corporate

affiliates are parties to this Agreement.

BACKGROUND

Both parties desire to establish the general terms and

conditions which shall govern advertising and commission

arrangements between You and Us resulting from our

participation in the ShareASale Network.

TERMS AND CONDITIONS

In consideration of the promises set forth below, each party

agrees as follows:

1. OFFERS AND ENGAGEMENTS.

1.1. From time to time, We may post on the ShareASale

Network offers (each, an "Offer") to pay to other

participants a specified commission in return for certain

advertising services leading to a Qualifying Link (defined

below).

1.2. If You accept one of our Offers, we will have entered

into an "Engagement." Each Engagement shall have the same

identification number as the original Offer that lead to the

Engagement and shall be governed by the terms and conditions

of this Agreement. However, in the event of any

inconsistency between the terms of the specific Engagement

and the terms of this Agreement, the terms of the Engagement

shall govern.

1.3. At any time prior to You displaying a Qualifying Link

on one of Your websites, Advertiser may, with or without

notice (a) change, suspend or discontinue any aspect of an

Offer or an Engagement or (b) remove, alter, or modify any

graphic or banner ad that we have submitted for an Offer or

an Engagement. You agree to promptly implement any request

from Us to remove, alter or modify any such graphic or

banner ad.

2. YOUR RESPONSIBILITIES.

2.1. You hereby agree to comply with all applicable laws.

2.2 You hereby agree that the position, prominence and

nature of links on the Your site shall comply with any

requirements specified in the Engagement, but otherwise will

be in Your discretion.

2.2. You agree not to make any representations, warranties

or other statements concerning Us, Our site, any of Our

products or services, or Our site policies, except as

expressly authorized by the Engagement.

2.3. You are responsible for notifying Us and ShareASale of

any malfunctioning of the URLs specified in the Engagement

(the "Required URLs") or other problems with Your

participation in the Engagement. We will respond promptly

to all concerns upon receipt of Your notification.

3. COMMISSIONS.

3.1. We agree to pay to You the commission specified in the

Engagement if We sell to a visitor to Our site (a

"Customer") a product or service that is the subject of the

Engagement and if that Customer has accessed Our site and

purchased the product or service via a Qualifying Link.

3.2. A "Qualifying Link" is a link from Your site to Our

site using one of the Required URLs or any other URL

provided by Us for use in the ShareASale Newtork that the

Customer uses during a Session where a sale of a product or

a service to Customer occurs. A "Session" is the period of

time beginning from a Customer's initial contact with Our

site via a link from Your site and terminating when the

Customer either returns to Our site via a link from a site

other than Your site or the Engagement expires or is

terminated.

3.3. We shall have the sole right and responsibility for

processing all orders made by Customers. You acknowledges

that all agreements relating to sales to Customers shall be

between Us and the Customer.

3.4. All determinations of Qualifying Links and whether a

commission is payable will be made by ShareASale and will be

final and binding on both You and Us. Prices for the

products will be set solely by Us in Our discretion.

3.5 We WILL commission on the sale (customer purchase) of

Gift Cards and Gift Certificates;

3.6 We WILL NOT commission on the use or redemption of Gift

Cards or Gift Certificates, regardless of customer origin.

If the payment method includes a Gift Card or Gift

Certificate, commission will be paid on the "discounted

sub-total" reduced by any redemption of Gift Card(s).

3.7 Pretty Perks Rewards. Pretty Perks Reward redemption is

treated as a coupon or discount, and the transaction total

is reduced (discounted) by the redemption of reward(s).

Commission is calculated on the "discounted sub-total" after

all discounts, and/or coupons, and/or rewards.

3.8 Returns. We offer our customers a 30-day money back

guarantee. If a customer returns a product for a refund, or

if credit card charges are reversed due to a dispute or

credit card fraud, your account will be debited for any

commission earned on that transaction (or portion thereof).

3.9 Last minute clicks. If an incoming qualifying link

occurs within 2 minutes of final checkout, and there is

already an active qualifying link (cookie) working for the

same customer session, the "last click" commission value

will be set to 10% of full commission, and the first

qualifying link will receive 90% of full commission.

4. OWNERSHIP AND LICENSES.

4.1. Each party owns and shall retain all right, title and

interest in its names, logos, trademarks, service marks,

trade dress, copyrights and proprietary technology,

including, without limitation, those names, logos,

trademarks, service marks, trade dress, copyrights and

proprietary technology currently used or which may be

developed and/or used by it in the future.

4.2. We grant to You a revocable, non-exclusive, worldwide

license to use, reproduce and transmit the name, logos,

trademarks, service marks, trade dress and proprietary

technology, as designated in the Engagement or during the

registration process in the ShareASale Network, on Your site

solely for the purpose of creating links from Your site(s)

to Our site(s) during Engagements. Except as expressly set

forth in this Agreement or permitted by applicable law, You

may not copy, distribute, modify, reverse engineer, or

create derivative works from the same. You may not

sublicense, assign or transfer any such licenses for the use

of the same, and any attempt at such sublicense, assignment

or transfer is void.

4.3. You grant to Us a non-exclusive, worldwide,

royalty-free license to use, reproduce and transmit any

graphic or banner ad submitted by You solely for co-branding

purposes or as a return link from Our site(s) to Your

site(s). We will remove such graphic or banner ad upon Your

request.

5. TERMINATION.

5.1. Either party may terminate any Engagement at any time

by deleting their acceptance of the Engagement through the

ShareASale Network. Termination of an Engagement shall not

terminate this Agreement or any other Engagement.

5.2. Either party may terminate this Agreement at any time,

for any reason, provided that they provide at least five

day's prior written notice of such termination to the other

party and the ShareASale Network. Termination of this

Agreement shall also terminate any outstanding Engagements.

However, all rights to payment, causes of action and any

provisions which by their terms are intended to survive

termination, shall survive termination of this Agreement.

6. REPRESENTATIONS.

6.1. Each party represents to the other that (a) it has the

authority to enter into this Agreement and sufficient rights

to grant any licenses granted hereby, and (b) any material

which is provided to the other party and displayed on the

other party's site will not (i) infringe on any third

party's copyright, patent, trademark, trade secret or other

proprietary rights or right of publicity or privacy; (ii)

violate any applicable law, statute, ordinance or

regulation; (iii) be defamatory or libelous; (iv) be lewd,

pornographic or obscene; (v) violate any laws regarding

unfair competition, antidiscrimination or false advertising;

(vi) promote violence or contain hate speech; or (vii)

contain viruses, trojan horses, worms, time bombs,

cancelbots or other similar harmful or deleterious

programming routines.

6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY

MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY,

INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. CROSS-INDEMNIFICATION.

7.1. Each party hereby agrees to indemnify, defend and hold

harmless the other party and its publishers, directors,

officers, employees and agents, from and against any and all

liability, claims, losses, damages, injuries or expenses

(including reasonable attorneys' fees) brought by a third

party, arising out of a breach, or alleged breach, of any of

its representations or obligations herein.

8. ShareASale REQUIRED PROVISIONS.

8.1. Each party jointly and severally agrees to indemnify,

defend, and hold harmless ShareASale and its publishers,

officers, directors, employees and agents (collectively,

"ShareASale") from and against any and all liability,

claims, losses, damages, injuries or expenses (including

reasonable attorneys' fees) directly or indirectly arising

from or relating to any Offer, Engagement, any other matter

related to this Agreement or the subject matter hereof any

dispute relating thereto.

8.2. The parties agree that ShareASale may rely on any data,

notice, instruction or request furnished to ShareASale by

either party which is reasonably believed by ShareASale to

be genuine and to have been sent or presented by a person

reasonably believed by ShareASale to be authorized to act on

behalf of one of the parties. In the event of any dispute

between the parties, the parties agree that to the extent

the parties contact and involve ShareASale, ShareASale may

consult with and use counsel of its own choice in connection

with such dispute and the reasonable fees and disbursements

of ShareASale's counsel shall be within the costs and

disbursements covered by the indemnity specified in Section

8.1 above.

8.3. The parties acknowledge and agree that the nature of

the Product is such that in its normal operation it may

access and download elements of software data from resources

which are external to the computer or device running the

Product, such as Product enabled servers. The parties

acknowledge that ShareASale has not undertaken to provide

such external resources or servers and specifically

disclaims any representation or warranty as the

availability, quality or performance of such resources or

whether they may contain any defects which may affect the

performance of the Product or either party's computer.

ShareASale shall not be responsible for provision of any

communications facilities or the costs associated with such

communications.

8.4. The parties agree that ShareASale is an intended third

party beneficiary of this Agreement.

9. LIMITATION OF LIABILITY.

9.1. In no event shall either party be liable to the other

party for any direct, indirect, special, exemplary,

consequential or incidental damages, even if informed of the

possibility of such damages.

9.2. The parties agree that the ShareASale Network and

ShareASale and its publishers, officers, directors,

employees and agents shall not be liable to either party for

any direct, indirect, special, exemplary, consequential or

incidental damages, even if informed of the possibility of

such damages.

10. AGREEMENT MODIFICATION

We may modify any of the terms and conditions contained in

this Agreement, at any time and in our sole discretion, by

posting a change notice or new agreement on our site. Notice

of any change to this Agreement delivered by e-mail, to your

address on our records, and the posting of a new agreement

on the ShareASale Network is considered sufficient notice

for notifying you of a modification to the terms and

conditions of this Agreement. Modifications may include, but

are not limited to, changes in the scope of available

Referral Fees, the Commission schedule, payment procedures

and Affiliate Program rules.

All such modifications shall take effect three (3) business

days after we serve notice as provided above, unless we

indicate otherwise. If a modification is unacceptable to

you, your sole recourse is to terminate this Agreement. Your

continued participation in the Affiliate Program following

our posting of a change will constitute binding acceptance

by you of such change.

11. TECHNOLOGY / SOCIAL MEDIA / E-MAIL

In accordance with the ShareASale Terms and Conditions, You

agree that You shall not:

11.1 Place or use any Link of MommyMakeup.com except with

the intention of delivering valid sales, leads,

applications, accounts, clicks or other specified

compensable actions; Inflate the number of applications,

accounts, clicks or other specified compensable actions or

any impressions of the MommyMakeup.com web site, by any

method or using any hidden frames, java pop ups, Web bot,

robot, automatic redirecting of users, autospawning of

browsers, or any other technique or means of generating

automated click-throughs, requiring visitors to click on

MommyMakeup.com's Link before entering any area of Your

Site(s), by placing or including Promotions or links on

pages of Your Site that automatically reload or go to

another page without interaction from the user (for example,

MommyMakeup.com pull or server push technology, METATAG

reload, or refresh command on page html) or on any page that

is not generally accessible to all Web users (for example,

pop-up windows and hidden frames); Affiliates using any of

the aforementioned techniques or methods to establish a

click, and/or place a cookie on a users computer will be

terminated without notice and forfeit all outstanding and

future commissions.

11.2. Partner understands that the use of unsolicited

commercial e-mail ("spam") by affiliates is absolutely

prohibited. Your participation in the Mommy Makeup affiliate

program constitutes your specific and unconditional

agreement to abide this anti-spam policy. Proper e-mail

solicitation, however, can be an important means of

advertising your site and your relationship with Mommy

Makeup. The following rules represent best practices, which

are permitted under this agreement:

(a) If an "opt-In" system exists for your line of business

and target market, you must use it. (Opt-In systems are

those where the user specifically requests to be placed on a

mailing list.);

(b) Partner may not use Merchant Name in the originating or

return e-mail address line, header of any e-mail

transmission. With prior approval, we may permit use of our

Name in the subject line, on a case-by-case basis.

Violation of this rule will result in the suspension or

termination of your affiliate relationship with

MommyMakeup.com including the forfeiture of any commissions

from the date of the offending e-mailing.

11.3. SOCIAL MEDIA:

(a) Direct Facebook, Twitter and other Social media linking

is allowed with prior approval.

(b) Non-direct Facebook, Twitter and other social media

linking is not allowed unless the referring page/site

provides some type of value to the customer.

11.4. Affiliate MAY NOT promote, use, or advertise any

coupon code(s) that may be available to the public.

Unauthorized coupon codes shall include, but not be limited

to those coupon codes unrelated to the Program that are

distributed through our store, consumer email newsletters,

social media, or direct mail promotions. The ONLY valid

coupon codes will be exclusive to your affiliate program

provided to you through the ShareASale Network. Affiliate(s)

violating this policy will forfeit all outstanding and

future commissions.

11.5. Affiliate may not register a domain name with the

words "MOMMY MAKEUP" or any derivative thereof.

11.6. Marketing and/or selling MOMMY MAKEUP products

through the use of online auctions, such as Ebay, is

prohibited.

11.7 You may not:

(a) employ, use or place any web browser add-ons, toolbars

or pop-ups on your website without prior consent.

(b) engage in any direct or indirect relationships with ISPs

and/or mobile carriers that results in the delivery or act

of address bar keyword and URL error trafficking (e.g., a

user mistypes a web address in the ISP’s address bar or

search bar, and, as a result, is redirected to a web page

that contains a Qualifying Link that directs the user to our

site). Affiliate(s) violating this policy will immediately

forfeit all outstanding and future commissions.

(c) without the prior written approval of Mommy Makeup, use

any Trademark, or any Licensed Material in an advertisement

in any way that might suggest or imply or mislead or is

likely to mislead a visitor to your website into believing

that MommyMakeup.com or any related entity was the creator

or sponsor of such advertisement.

(d) employ, use, or receive any direct or indirect benefit

from, any “cookie stuffing” methods (e.g., use of “cookie

stuffing”, "cookie dropping", "forced clicks", "cookie

sprinkling" to cause ShareASale’s tracking systems to

conclude that a user has clicked through a Qualifying

Link—and to pay commissions accordingly—even if the user has

not actually clicked through any such link). Affiliate(s)

violating this policy will immediately forfeit all

outstanding and future commissions and we will void all

transactions, from program inception.

12. TRADEMARKS and BRANDING

These requirements apply to your use of MommyMakeup.com and

other trademarks and service marks belonging to MOMMY MAKEUP

(the “Trademarks”) in content that has been approved by us.

12.1. You may use the Trademarks only for purposes expressly

authorized by us.

12.2. You may not modify the Trademarks in any manner. For

example, you may not change the proportion, color, or font

of the Trademarks.

12.3. You may not display the Trademarks in any manner that

implies endorsement of your website or business by

MommyMakeup.com outside of your involvement in the Program.

12.4. You may not use the Trademarks to disparage

MommyMakeup.com, its products or services, or in a manner

which, in our reasonable judgment, may diminish or otherwise

damage our good will in the Trademarks.

12.5. You may place the MOMMY MAKEUP name or logo adjacent

to competitive brands, subject to the requirements of this

Agreement, including prohibitions against objectionable

material and websites.

12.6. You acknowledge that all rights to the Trademarks are

our exclusive property and all goodwill generated through

your use of the Trademarks will inure to our benefit.

12.7. YOU MAY NOT USE THE TRADEMARKED NAMES, MOMMY MAKEUP,

MommyMakeup.com, OR ANY VARIATIONS OR MISSPELLINGS THEREOF,

IN ANY MANNER INCLUDING KEYWORD BIDDING ON SEARCH ENGINES;

YOU MAY NOT USE MOMMY MAKEUP, MommyMakeup.com, OR ANY

VARIATION OR MISSPELLINGS THEREOF, IN METATAGS OR TO DIRECT

TRAFFIC TO ANY WEBSITE OTHER THAN OUR SITE; YOU MAY NOT USE

MOMMY MAKEUP, MommyMakeup.com, OR ANY VARIATIONS OR

MISSPELLINGS THEREOF, IN HIDDEN TEXT OR SOURCE CODE ; YOU

MAY NOT USE MOMMY MAKEUP, MommyMakeup.com, OR ANY VARIATIONS

OR MISPELLINGS THEREOF, IN YOUR DOMAIN NAME OR ANY OTHER

PART OF YOUR UNIVERSAL RECORD LOCATOR (URL).

12.8. You may not bid on any keyword or keywords string on

any Pay per Click Search Engines (PPCSEs) where such keyword

or keywords string is, or includes, one of our Trademarks or

any variation or misspelling of one of our Trademarks.

Further, you may not bid on any word or term that is

confusingly similar to any of our Trademarks standing alone.

12.9. You may not employ any “fat finger” domains or

typosquatters redirecting web traffic to your website. A

typosquatter for “fat finger” domain is any domain that

amounts to misspellings of any registered or unregistered

Trademarks.

12.10. We may, in our sole discretion, terminate you or

withhold payment of your Referral Fees for the days that we

determine that you were bidding in violation of the keyword

bidding requirements above.

We reserve the right in our sole discretion to modify these

requirements at any time.

13. GENERAL.

13.1. Each party shall act as an independent contractor and

shall have no authority to obligate or bind the other in any

respect.

13.2. Affiliate may not claim to be MOMMY MAKEUP, or

MommyMakeup.com, and must clearly state the nature of the

Affiliate relationship.

13.3. This Agreement has been made in and shall be construed

and enforced in accordance with the laws of the state of New

York. Any action to enforce this Agreement shall be brought

in the federal or state courts located in that state. If

you need to send official correspondence, send it via

registered mail to Our headquarters to the attention of Our

legal department.

13.4. By accepting any Offer through the ShareASale Network,

You agree that you will be deemed to have executed, and will

be bound by, this Agreement.

13.5. Confidentiality. Except as otherwise provided in this

Agreement or with our prior written consent, you agree that

all information including, without limitation, the terms of

this Agreement, our business and financial information, our

customer lists and purchase history, and our pricing and

sales information, shall remain strictly confidential and

shall not be utilized, directly or indirectly, by you for

your own business purposes or for any other purpose except

and solely to the extent that any such information is

generally known or available to the public through a source

or sources other than you or your affiliates.

Notwithstanding the foregoing, you may deliver a copy of any

such information (a) pursuant to a subpoena issued by any

court or administrative agency, (b) to your accountants,

attorneys, or other agents on a confidential basis, and (c)

otherwise as required by applicable law, rule, regulation or

legal process, upon written notification to Mommy Makeup.

13.6. Testimonials and Endorsements. We strongly advise

affiliates to stay compliant with the Federal Trade

Commission (FTC) guidelines on testimonials and

endorsements. All endorsements, reviews, testimonials on

Mommy Makeup’s products, as well as relationships, between

other types of content websites (forums, blogs, microblogs,

and other Social Media channels) and Mommy Makeup must be

clearly disclosed in a separate policy on the affiliate

sites. The FTC points out that “when there exists a

connection between the endorser and the seller of the

advertised product” it is imperative that such a connection

is “fully disclosed.” The FTC deems the relationship in an

endorser-sponsor light and believes that the end user has

the right to understand that one exists

We share the

undergirding idea of this approach and strongly encourage

our affiliates to adhere to the FTC’s rules. We also reserve

the right to terminate our relationship with any

non-compliant affiliates.

13.7. The provisions of this Agreement are independent of

and separable from each other, and no provision shall be

affected or rendered invalid or unenforceable by virtue of

the fact that for any reason any other or others of them may

be invalid or unenforceable in whole or in part.