Affiliate Agreement -
Terms, Conditions and Acceptable Use
You must read, agree to, and accept the terms and conditions contained in this
user agreement before you may participate in our affiliate program.
In this agreement, the term "Affiliate" refers to you (the applicant). Wherever
the agreement refers to "you" or "your", it means "the Affiliate." The terms
"we", "our", and "us" throughout this user agreement refers to the company
Evolution Beauty Technologies, Inc. and its various brands and products.
Evolution Beauty Technologies, Inc. reserves the right to terminate or refuse
service to any person or organization at any time for any reason, or no reason
at all. We also reserve the right
to modify, change or end the affiliate program at any time, for any reason or no
reason, without notice.
How to join
Go to gelousy.com and follow the instructions on how to join. You must become a member of the Gelousy Affiliate program. There is a $39 yearly subscription fee. If you choose not to renew you membership every year your affiliate payments will stop. You may subscribe again anytime before the end of 30 days and retain all of your affiliates. After 30 days we will remove your name from all of your affiliates and they will be available for signup under a different affiliate's name.
Payment
Evolution Beauty Technologies, Inc. will send payment for the applicable commissions on or about the 1st of the month for the previous month's commissions when your balance exceeds $50. If any order that generated a referral fee is cancelled by the customer, or if there are any returned checks or chargebacks, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.
Order Fulfillment
Evolution Beauty Technologies, Inc. will be solely responsible for processing
every order placed by a customer on the Affiliate Site.
Customers
Customers who purchase products and services through the Affiliate Program will
be deemed to be customers of Evolution Beauty Technologies, Inc. Accordingly,
all Evolution Beauty Technologies, Inc. rules, policies, and operating
procedures concerning customer orders and service will apply to those customers.
We may change our policies and operating procedures at any time. Evolution
Beauty Technologies, Inc. policies will always determine the price paid by the
customer.
Qualifications
Evolution Beauty Technologies, Inc. reserves the right NOT to accept
anyone into the Affiliate Program for any reason.
All applications will be reviewed and
sites on certain topics will not be permitted. Sites that do NOT qualify relate
to any of the following topics, including, but not limited to:
·
Pornography of any kind, including but not limited to online subscription
pornography or adult subscription content, or pre-adult content (pictures,
videos, etc. of individuals under 18 yrs old). Anything that falls into the
category of "adult entertainment" is prohibited.
·
Any form of "hate" oriented site.
·
Animal cruelty or procedures deemed harmful, unnecessary or unnatural to
animals.
·
Any type of firearms, fireworks or pyrotechnic devices or supplies.
·
The sale of alcoholic beverages, tobacco products, live animals, prescription
drugs or other controlled substances, hazardous materials, combustibles,
corrosives.
·
Unsolicited email services of any kind.
·
Gambling transactions of any kind, including lottery, raffles, contest sites.
·
Money making, work at home, home mailing, MLM, pyramid schemes, or similar
products.
·
Phone chat lines or psychic readings.
·
Any form of sex product (viagra, penis, breast enlargement) growth hormones,
nutrients, wonder drugs, or human growth hormone.
Additionally, sites may not:
·
Violate the privacy, publicity or personal rights of others.
·
Infringe on the intellectual property rights of others, i.e., copyrights,
trademarks, trade secrets, plagiarism, software piracy, patents, music, images,
or other proprietary or property right. Materials that infringe on the
intellectual property rights may not be distributed to others.
·
Include Defamatory or Abusive Language. Sites may not contain any material that
is unlawful, harmful, fraudulent, abusive, vulgar, hateful, racial or otherwise
objectionable, including, without limitation, any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national or international law.
Sites with defamatory, abusive or threatening language will be shut down.
·
Distribute viruses or worms or provide information on how to send them. Any site
promoting any form of cyber crime or other illegal computer activities will be
shut down.
·
Any illegal activities Evolution Beauty Technologies, Inc. reserves the right to
shut down your Affiliate Program if any activities are found to be harmful in
any way.
·
You may not use your affiliate link as an entryway for your own purchases.
No Spam
Evolution Beauty Technologies, Inc. has a zero tolerance policy for spam. Spam
is defined as any unsolicited email whether commercial or non-commercial in
nature. Spam includes, but is not limited to, the sending of ANY unsolicited
information to a person or group that has not specifically asked to receive that
particular information or is not a personal acquaintance of the individual
sending the information. All Affiliates are expected to adhere to the Evolution
Beauty Technologies, Inc. no spam
policy. Affiliates may promote Evolution Beauty Technologies, Inc.
to "opt-in" lists ONLY. If you
run a newsletter, ezine, or other kind of bulk email service, you must have
evidence that people signed up to receive email from you. Any and all spam
complaints will be investigated thoroughly. If you spam, we WILL terminate
your contract.
Part of the no spam policy means, you may NOT:
·
Send any email to any type of mailing list or opt-in list that has been
purchased or acquired from an outside individual or party.
·
Send any email to any type of manually or automatically harvested list of email
addresses, names, or contacts.
·
Send any email to any type of "lead" or "prospect" before you have received a
request for more information.
·
Fax any message to any recipient that has not requested the information first.
·
Send inappropriate postings to any newsgroup or forum that violates their
anti-spam regulations.
Any Affiliate that engages spam or in promoting prohibited products or services
in connection with their site in any way shall have their affiliate contract
terminated and could lose any or all affiliate commissions due to them. The site
owner also shall be held liable for any and all damages and/or losses that may
result as a consequence.
Relationship of Parties
Evolution Beauty Technologies, Inc. and the affiliate are independent
contractors, and nothing in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict this statement.
No Warranties
Evolution Beauty Technologies, Inc. makes no warranties of any kind, whether
express or implied, with respect to the affiliate program. Evolution Beauty
Technologies, Inc. is not be responsible for damages suffered by any customer,
including incidental damages or lost profits. Evolution Beauty Technologies,
Inc. makes no representation that the operation of our site or the Affiliate
Sites will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors. All content in the Evolution Beauty
Technologies, Inc. software and affiliate program is provided to you "as is"
without warranty of any kind either express or implied including, but not
limited to, the implied warranties of merchantability and fitness for a
particular purpose, title, non-infringement, security or accuracy.
Additionally, Evolution Beauty Technologies, Inc. in no way guarantees financial
success through the affiliate program or that any users of the affiliate program
or our products will make money in any amount. We are not offering you a
guaranteed business opportunity of any sort.
Any claims of income are for illustration purposes only.
You will not make any money as an affiliate if you do not put out
substantial work and effort. Even
then you may not make any money.
Your ability to earn money through the affiliate program is directly related to
your ability to obtain orders of product from others.
Governing Law/Severability
This agreement between you and Evolution Beauty Technologies, Inc. will be
governed by and construed in accordance with the laws of the State of Arizona
(United States), without reference to its conflicts of laws principles. You
agree that any litigation or arbitration between the parties will take place in
Arizona (United States), and consent to personal jurisdiction and venue in the
State. If any provision of this Agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the remainder of that Agreement
will continue in full force and effect.
Mediation and Arbitration
If the Affiliate has a dispute the Affiliate agrees to first bring that dispute
to the attention of
Evolution Beauty Technologies, Inc. in writing at their current place and
address of business
within three (3) business days of such dispute.
If agreement cannot be made within seven (7) business days the Parties
agree to submit the dispute to a third party mediator.
If no mediation agreement can be made the Parties agree to submit any
disputes arising from this agreement to final and binding arbitration under the
Rules of the American Arbitration Association.
Unless extended by the arbitrator for good cause shown, arbitration
hearings shall begin no later than five (5) months after the selection of the
arbitrator. Five (5) days shall be
allotted to the arbitration hearings, and the arbitrator shall determine how
much of the hearing time shall be allocated to the direct and cross-examination
of witnesses. The arbitrator shall
allocate time equal amongst the parties.
Expenses for mediation and arbitration will be borne by the Affiliate.
Individual private legal expenses will be born separately by each party
and neither will be responsible for the others private legal expenses.
Both parties agree Arbitration to be legally binding.
Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and
agreement between you and Evolution Beauty Technologies, Inc. relating to the
subject matter hereof, and supersede all prior understandings, agreements,
representations and warranties relating to such subject matter. Any waiver,
modification, or amendment of any provision of this Terms & Conditions,
initiated by you will be effective only if accepted in writing and signed by
Evolution Beauty Technologies, Inc.