General
Thank you for considering the Skin Elegance Affiliate program. Our affiliates are very important to us; accordingly, this agreement is designed to be fair to both you and us, and to protect you, Skin Elegance International LLC (Skin Elegance) and our customers. As an authorized affiliate (Affiliate) of Skin Elegance, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Skin Elegance as an Affiliate. You may print this page for your records.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Skin Elegance by your own website or personal referrals.
If you have any questions, please email us at affiliates@skinelegance.com. You can also reach us via phone at (415) 940-7546.
This agreement describes the terms and conditions for participation in the Skin Elegance Affiliate Program (Program). In this agreement, the term “Affiliate” refers to you (the applicant), and “Skin Elegance” refers to Skin Elegance International LLC, a California Corporation, with whom you are entering into this agreement. By applying to this Program you are confirming that you have read the agreement and accept the terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application, according to our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Applications into the Program will only be accepted from legal residents of the United States of America.
2. Affiliate Programs
There are two types of Affiliate Program with Skin Elegance: General (for bloggers, social media influencers, brand ambassadors, celebrities, etc.) and Business (for clients with a clinic/practice who don’t want to stock product inhouse). Skin Elegance determines which category an Affiliate will be placed under.
3. Commissions
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Sales can only be made to addresses in the United States of America. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
As an Affiliate you can use your own link to purchase products for yourself only. This effectively grants you a discount equivalent to your commission for your own purchases. However, self-generated commissions will not be paid out where a discount coupon has been applied to your order.
Commissions are calculated according to the category the Affiliate is placed in. Commission rates are determined by Skin Elegance and are communicated to Affiliates when they successfully apply to, and are accepted into, the Program.
Affiliates in either category will move to a higher commission structure after achieving specific targeted sales, as communicated directly between Skin Elegance and the Affiliate on acceptance into the Program.
Commissions and sales targets to achieve higher commissions are determined solely by Skin Elegance and may be changed at any time. Such changes will be notified to the Affiliate at least 14 days prior to the change taking place.
4. Payment
Commissions will be paid on the 15th of the month, for commissions earned in the preceding calendar month. Payments will generally be paid out via check or as a credit towards future purchases, depending on the Affiliate’s preference.
Payments will only be sent for transactions that have been successfully completed.
5. Refunds
If a customer requests a refund for a transaction for which the Affiliate has earned and already been paid commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance. Transactions that result in chargebacks or refunds prior to the Affiliate receiving commission for them, will not be paid out.
6. Affiliate Links, Usage, and Obligations
Affiliates may use graphic and text links both on your website and within in your email messages. You may also advertise the Skin Elegance site in online and offline classified ads, magazines, and newspapers. However, you may never advertise any sale or special prices in any online or offline manner. (See coupons section below.)
You may use the graphics and text provided by us; however, logos and other assets cannot be modified, whether they be for Skin Elegance, or Synergie Skin Pty Ltd. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never represent themselves, Skin Elegance, Synergie Skin Pty Ltd or their relationship with Skin Elegance in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Skin Elegance or Synergie Skin Pty Ltd.
7. FTC Obligations
Affiliate must promote the Skin Elegance and/or Synergie Skin brands within FTC guidelines, with regard to disclosing that she/he is being compensated Skin Elegance. Affiliate must therefore include disclosure statements within any and all website pages, blogs, or social media posts, etc., in which they endorse or review Skin Elegance or the Synergie Skin products (whether from the Synergie Skin, Synergie Minerals or Synergie Practitioner lines).
8. Coupons, Deals and Sales
Skin Elegance occasionally offers coupons to select affiliates and to our newsletter subscribers. If the Affiliate not pre-approved / assigned a branded coupon, then she/he is not allowed to promote the coupon. Below are the terms that apply for any Affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not advertise coupon codes obtained either from any affiliate or non-affiliate marketing channels in any ‘open’ online manner, such as a website, or social/business media (including but not limited to Facebook, Instagram, Twitter, Linked In, etc.). Coupons may be sent to an affiliates’ email subscriber list, however.
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
9. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission. Affiliate may not bid on any of Skin Elegance’s or Synergie Skin’s trademarked terms including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
10. Termination
Either party has the right to terminate the agreement immediately without prior notice, for any violations of this Agreement or no reason.
If the Affiliate terminates the agreement, no further commissions from Pure Chat will be paid for any past or future customer transactions.
If Skin Elegance chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.
An Affiliate’s application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive, when the Affiliate has not been approved to use coupons.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
- Unsuitability of your website. Your site is unsuitable for our Program if it:
- Promotes sexually explicit materials; violence; discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; illegal activities
- Incorporates any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Skin Elegance”, “Synergie” or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
- Explicitly or implicitly resembles the website of Skin Elegance of Synergie Skin Pty Ltd, or is designed in a manner that leads customers to believe you are skinelegance.com, synergieskin.com, or any other affiliated business.
11. Liability
Skin Elegance will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Skin Elegance. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
12. Term of the Agreement
The duration of this Agreement begins upon your acceptance in the Program and will end when or if your Affiliate account is terminated.
13. Modification
The terms and conditions of this agreement may be modified by us at any time, at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
14. Indemnification
Affiliate shall indemnify and hold harmless Skin Elegance, Synergie Skin Pty Ltd, and the officers, directors, employees, licensees and successors of these companies, (including those licensed or authorized by Skin Elegance or Synergie Skin Pty Ltd to transmit and distribute materials), from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
15. Governing Law
This Agreement shall be governed, construed, and enforced in accordance with the laws of the United States and the State of California, without regard to its conflict of laws rules.
16. Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Los Angeles County, California. An award of arbitration may be confirmed in a court of competent jurisdiction within Los Angeles County, California.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
17. Miscellaneous
The Affiliate agrees that she/he is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between her/him and Skin Elegance. Affiliate will have no authority to make or accept any offers or representations on behalf of Skin Elegance or Synergie Skin Pty Ltd. Affilate will not make any statement, whether on her/his site or any other site that would reasonably contradict anything in this Section.
18. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Skin Elegance Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Skin Elegance Affiliate application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
