PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“MEDIA PARTNER”) ON THE ONE HAND AND PATTERN BEAUTY LLC(“ADVERTISER” OR “PATTERN”) AND AWIN (“AWIN”) ON THE OTHER. COLLECTIVELY ADVERTISER AND AWIN ARE REFERRED TO AS "COMPANY". MEDIA PARTNER AND COMPANY MAY BE COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS PARTIES OR INDIVIDUALLY AS “PARTY.”
Please note that throughout this Agreement, "we," "us," and "our" refer to Company and "you," "your," and "yours" refer to Media Partner.
BY SUBMITTING THE ONLINE APPLICATION, AND BY REFERRING VISITORS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND 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 Affiliate Program Agreement (“EIO”) together with a Share A Sale Merchant Agreement located at https://www.awin.com/gb/publisher-terms (collectively known as the “Agreement”) contains the complete terms and conditions governing your relationship with the Company and, if applicable, your participation in Advertiser’s Affiliate Program (the "Program").
2. ENROLLMENT
You must be approved by the Company before your participation in Advertiser’s Affiliate Program. After receiving your application, we will review your website and notify you of your acceptance or rejection into our program. Please allow a reasonable time for your application to be reviewed. Company reserves the right to withhold or refuse approval for any reason and without providing any further detail as to the reason(s) of the application rejection. However we encourage you to contact us if you feel we have made an incorrect decision in refusing approval. Once you have been approved, your continued right to participate is conditioned upon the ongoing compliance with the terms and conditions of this Agreement. Failure of the Media Partner’s ability to observe the terms and conditions of this Agreement or privacy policy posted on Company's Site disqualifies Media Partner from participating in the Program. Media Partner shall promptly notify Company in the event of a material change in its business practices or strategy. Approval may be withdrawn by Company, at any time and for any reason, without any advance notice.
3. YOUR WEBSITE
We will reject your application or cancel an existing Media Partner account if we determine that your site is unsuitable for our Program, including if it comprises the following:
Prohibited Web Site Domain or URL Keywords.
PATTERN BEAUTY, PATTERN BEAUTY.COM, www.PATTERN BEAUTY, PATTERN BEAUTYCOSMETICS and/or any misspellings or similar alterations of these - be it separately or in combination with other keywords.
Your website must be relevant to the PATTERN BEAUTY brand and products. Should you be applying with a different site than what is listed as the main website on your account, please make note of this in your application to speed up the review process.
All Media Partners shall maintain and post in a conspicuous manner on any website involved in the Program a privacy policy that clearly and adequately describes how consumer information is collected and used. The privacy policy must fully and accurately disclose your use of third-party technology, use of cookies, and options for discontinuing use of such cookies. The privacy policy and data protection mechanisms used must comply with all data privacy and protection regulations which apply within the countries the Affiliate conducts business (examples include but are not limited to EU Privacy Shield, GDPR, CCPA, etc.). Company reserves the right to review your privacy policy as necessary. Failure to have a privacy policy may result in termination from the Program.
It is your obligation to review the Terms of Service for the Program regularly. You must stay aware of any changes to the Company’s Agreement, although Company will use its reasonable efforts to notify you of any changes.
4. YOUR AFFILIATE LINKS
Company reserves the right, at any time, to review your placement and reject the use of links and require that you change the placement or use to comply with the guidelines provided to you.You agree to abide by the following rules for use of PATTERN BEAUTY affiliate links:
•ALLOWED: Posting your affiliate links on a website that you own and control.
•ALLOWED: Posting your affiliate links on your personal social media pages.
•ALLOWED: Sending your affiliate links through email to lists that are aware of your affiliate link usage.
•NOT ALLOWED: Spamming anyone via email with your affiliate links. Receivers must opt in!
•NOT ALLOWED: Posting your affiliate links on sites that you do not own and control.
•NOT ALLOWED: Posting your affiliate links on PATTERN BEAUTY social media pages.
5. PAY PER CLICK (PPC)/KEYWORD BIDDING
You agree to abide by rules below for pay per click and keyword bidding. Should transactions come through that violate these rules, all related commission will be voided and the Media Partner reported to the network. Further we reserve the right to expel any trademark violator from our Program without prior notice, and on the first occurrence of such pay-per-click bidding behavior.
•NOT ALLOWED: Bidding on any PATTERN BEAUTY protected and trademarked keywords including misspellings or similar alterations of PATTERN BEAUTY trademarks - be it separately or in combination with other keywords.
•NOT ALLOWED: Using our trademarked terms in sequence with any other keyword (i.e. PATTERN BEAUTY Coupon).
•NOT ALLOWED: Using our trademarked terms in your ad title, ad copy, display name or as the display url.
•NOT ALLOWED: Direct linking to our website from any pay per click ad or use of redirects that yield the same result. These must be directed to an actual page on your website.
•NOT ALLOWED: Using or misrepresenting PATTERN BEAUTY in any way with keywords. Anything that is a blatant work around or misspelling will not be accepted for credit.Protected Keywords – any PATTERN BEAUTY protected and/or trademarked terms, including but not limited to, PATTERN BEAUTY, PATTERN BEAUTY coupon, PATTERN BEAUTY discount, PATTERN BEAUTY.com, PATTERN BEAUTY beauty, PATTERN BEAUTY COSMETICS.
6. SOCIAL MEDIA
You are allowed to post your affiliate links on your own pages/channels. PATTERN BEAUTY Social Media Pages - It is strictly prohibited to use your referral links for the PATTERN BEAUTY Affiliate Program on PATTERN BEAUTY Social Media pages (our Facebook/Twitter/Instagram/Pinterest, etc.) in an attempt to earn commission from others viewing our profiles. Transactions of this nature will be voided and Media Partner’s status in the Program, reviewed.
7. COUPON GUIDELINES
If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
•You may ONLY advertise coupon codes that are provided to you through the PATTERN BEAUTY Program.
•Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in removal from the Program.
•Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
•NOT ALLOWED: Using any technology that covers up the coupon code and generates the affiliate click by revealing the code.
•NOT ALLOWED: Advertising coupon codes obtained from our non-affiliate advertising, customer e-mails, or any other campaign.
•NOT ALLOWED: Giving the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, we offer free shipping site wide, you may not turn this into an "offer" that infers that the customer must click from your site to get "free shipping".
•NO COMMISSION will be awarded for referrals using a coupon from a deal site such as Groupon, LivingSocial, Plum District, or any other daily deal site that PATTERN BEAUTY runs a promotion on.
Media Partners may only use coupons and promotional codes that are provided exclusively through the Program. Transactions that come through with codes that are not approved for the Program will be voided and not awarded commission.
8. ADDITIONAL PROMOTIONAL METHODS
Email – ALLOWED: All Media Partners that engage in email marketing must have the consent of the recipient to send such email and shall maintain records evidencing such consent including, without limitation:
(a) Subscriber opt-in date;
(b) Registration source;
(c) First name;
(d) Last name;
(e) E-mail address;
(f) Privacy Policy of Source Site;
(g) Any other information collected; and
(h) Media Partner will supply such records to Company within one (1) business day of a request.
9. REVERSALS & COMMUNICATION
PATTERN BEAUTY reserves the right to reverse transactions due to cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.Should a reversal occur, a reason will be provided. If we seek clarity regarding the nature of a transaction, we expect that you respond to our inquiries in a timely manner. Should we make several attempts to contact you with no response, we then reserve the right to void the suspected transactions and remove you from the Program or set your commission to 0% until a valid response is received.
We will make an attempt to contact you for clarity about any transactions that looks suspect or requires more information. If you cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof or are found to be intentionally vague or lying, your commissions will be reversed.
10. FTC DISCLOSURE REQUIREMENTS
You must comply with all FTC disclosure requirements, including a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our 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 a PATTERN BEAUTY product for free for review, this also must be clearly stated in your disclosure.
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
11. COMMISSION AND PAYMENT
Media Partners are paid according to the terms stated in the Special Terms & Conditions of the Insertion Order. It is the sole responsibility of Media Partners to ensure that their payment information, regardless of means of transmission, is current and correct. Digital Payments (such as PayPal) sent to a valid email address cannot be reversed or retransmitted for any reason. Additionally, digital payments may be subject to total dollar amount limits as imposed by the payment provider, and if that limit should be exceeded the Media Partner will receive as many separate payments as necessary to reach the full amount earned in the given payment period.
Company shall compile and calculate the data required to determine your eligible commission payment. Any questions or disputes regarding the data or payout provided by Company must be submitted in writing within five (5) business days from the most recent payment date, otherwise the information will be deemed accurate and accepted as such by you.
Company will only pay Media Partners for commissions that are earned and tracked while active members of the Program. Any Media Partner that is removed from the Program because of non-compliant behavior will no longer receive commissions from any referred customers. Media Partners who voluntarily close their account will cease earning commissions immediately, as will any Media Partner who is removed due to cessation of promotional activity (no visible links or click activity for a period of one (1) year or more) and is not responsive to outreach attempts.
As required by U.S. Law, U.S. Residents will be required to submit a W-9 form (as required by the Internal Revenue Service). Any missing payments, regardless of method of transmission or cause of loss, are subject to a waiting period of one hundred eighty (180) days from issuance before a replacement may be generated. In addition to any other remedies that may be available to Company, in the event of any breaches by you of this Agreement, you shall forfeit your rights to any amounts owed by Company to you.
12. LICENSE
Advertiser grants 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 Advertiser’s Program. You agree that all uses of the Licensed Materials will be on behalf of Advertiser and the goodwill associated therewith (including any data derived from the Program) will inure to the sole benefit of Advertiser. The license granted hereunder is valid only while you remain a member of the Program as a Media Partner and comply fully with this Agreement. 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.
13. MISCELLANEOUS
You hereby agree to indemnify and hold harmless Advertiser and their subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that you infringed on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site.
You will immediately notify Company of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
Media Partners may be removed from the Program by PATTERN BEAUTY should they not fit the promotional strategy outlined by PATTERN BEAUTY.
© 2019 PATTERN BEAUTY LLC
