MICA BEAUTY AFFILIATE AGREEMENT TERMS AND
CONDITIONS
Please read and review this entire agreement. This
is a legally binding agreement between you, the affiliate, and Mica Beauty (Micabeauty.com).
By filling out the Mica Beauty Affiliate Program application form, you
acknowledge that you have read and agree with the following terms and
conditions and that you agree to be legally responsible for each term and
condition.
- Submitting
Your Application
Once you submit your application you are bound by
the terms of this agreement. When filling out the application you must provide
accurate and complete information. Participation in the Mica Beauty Affiliate
Program is to legally advertise our website to receive commission on referring
customers that complete authorized sales via affiliate links. We will
evaluate each application and you will be notified of your acceptance or
rejection. We reserve the right to reject your application for any reason.
- Affiliate
Obligations
2.1. Once your application is
approved, we may re-evaluate your application at any time. The terms and
conditions of this agreement will begin when your application has been
submitted and will end when your affiliate account has been terminated.
Affiliation can be immediately revoked if we deem your website / social
media accounts and there content to be unsuitable for any of the following
reasons; including but not limited to:
2.1.1. False advertisements concerning
Mica Beauty
2.1.2. Spamming using your affiliate
link
2.1.3. Usage of materials that
infringe on any copyright, trademark or other intellectual property
rights or to violate the law
2.1.4. Harassment or intimidation of
others on your website (i.e. sexually explicit materials, violence,
discrimination of any form)
2.1.5. Promotion of illegal activities
2.1.6. Usage of technology to
potentially divert commission from other affiliates in our program
2.1.7. Disclosing private information
about Mica Beauty, it’s products, or the affiliate program
2.1.8 Sharing private coupons, sales or promotions
with the public
2.1.9 Sharing coupon codes or affiliate links on
coupon sites to obtain additional sales
2.2. You may not create or design your
website or any other website that you operate, explicitly or implied in a
manner which resembles our website nor design your website in a manner which
leads customers to believe you are Micabeauty.com or any other affiliated
business.
2.3. Mica Beauty reserves the right to
review your placement and approve the usage of your affiliate links. You may
use graphics, banners, and texts provided to you by us or create your own as
long as it is appropriate (see condition 2.1). Digital assets can be
provided upon request at affiliate@Micabeauty.com.
2.4. You may not use your own link to
make purchases. You will not earn commission from orders placed under your
affiliate link by customers residing in your household. You may not knowingly
allow others to repeatedly use your affiliate link to earn commission.
2.5. The maintenance and updating of
your site is your responsibility. We may monitor your site as necessary to
ensure your content is up to date and notify you of any changes that should be
made to help your affiliate performance. Your affiliation can be terminated if
we find your site has not been updated in over 1 year. A written notice will be
given via email should we find your site outdated. You will have 48 hours to
respond with an updated site before your affiliation is terminated.
2.6. You agree that you are an
independent contractor, and nothing in this agreement will create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between you and Mica Beauty. 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 any other of your sites or
otherwise, that reasonably would contradict anything in this section.
- Promotion
Restrictions
While you are free to market Mica Beauty products
on your own web site, the promotion of the Mica Beauty brand could be perceived
to the public as a joint effort. Please be aware certain forms of advertising
are prohibited. Please abide by the following guidelines when planning your
marketing efforts:
3.1. “Mica Beauty” cannot be used as a
part of an affiliate’s website domain name, blog, social media
handles or any URL associated with the affiliate account.
3.2. FTC Guidelines & Spamming
Advertising commonly referred to as “spamming” is
unacceptable to Mica Beauty and could damage our name. Affiliates must abide by
all state and federal consumer protection laws and regulations including the
Federal Trade Commission Act and the CAN-SPAM Act. 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.” We 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. Any pending commissions owed will not be paid if your account is
terminated due to spamming or solicitation.
3.3. Unsolicited Commercial Email
(UCE)
You may use mailings to contact your customers so
long as the recipient is already a customer or subscriber of your services or
website and the recipient has the option to unsubscribe to future mailings for
themselves.
3.4. Copyright and Trademark
Infringement
Mica Beauty reserves the rights to seek legal
action against wholesalers and affiliates that infringe our
copyrights and registered trademarks, or that replicate our product designs
under a different brand. Affiliates acknowledge that they will not promote,
manufacture, distribute or sell any products which replicate the designs of
products that are exclusive to Mica Beauty. Mica Beauty will legally pursue all
parties associated with the manufacturing, distribution, and sale of
counterfeit Mica Beauty products
3.5. Paid Search Policies
Bidding at larger pay per click search engines
(PPCSE), such as Google, Yahoo, and Bing!, is a great way to drive traffic to
your website and send your commission checks even higher. Affiliates engaging
in paid search marketing campaigns must adhere to the following terms and
requirements:
3.5.1. Micabeauty.com protects its
trademark and does not allow any trademark bidding on any search engine or Paid
Placement service or site. This includes, but is not limited to Google, Yahoo,
Bing!, Ask and other similar services. Affiliates may not bid on trademarked or
registered terms and products (i.e. Mica Beauty, Micabeauty.com, Mica Beauty
Cosmetics, Micabeautycosmetics.com, Mika (typo?), etc) or any phrase type,
misspelling, variation or combination thereof. (See the restricted key word
list below in point 3.5.5). Any affiliates found to be trademark violators will
be banned from the Mica Beauty Affiliate Program. Affiliates will be contacted
prior to the ban, however we reserve the right to ban any trademark violator
from the Mica Beauty Affiliate Program without prior notice, and on the first
occurrence of PPC bidding behavior.
3.5.2. Affiliates may not use the
trademark alongside with or in conjunction with the following terms: “percent
(%) off”, “sale”, “discount”, or “coupon”
3.5.3. Affiliates may not use their
affiliate link or any of the Mica Beauty domains and/or URLs (including, but
not limited to www.Micabeauty.com) as the display domain or URL in the
advertisement. When engaging in paid search engine campaigns, affiliates must
use their own domain and/or URL in their ads.
Forbidden Display URL Examples:
www.Micabeauty.com
Approved Display URL Examples:
http://www.yourdomain.com/micabeauty
3.5.4. All traffic directed to the Mica
Beauty website must be done so with the full knowledge of the customer.
Affiliates that do not direct traffic to their own website, prior to
redirecting it to ours, while using paid search engine campaigns will be
considered trademark violators, and will be banned from the Mica Beauty
Affiliate Program.
3.5.5. You may not make any misleading
or false statements in your campaigns. To avoid conflicts and to protect the
integrity of the Mica Beauty brand, Mica Beauty reserves the right to suspend
any affiliates activities, and thus their commissions for phrases that Mica
Beauty determines to be untrue or inflammatory claims of our products, services
or websites. To avoid such measures, please forward all ad text and proposed
keywords/phrases you wish to bid on to the Affiliate Manager (affiliate@micabeauty.com) for
approval or editing, PRIOR to your submitting it to Paid Search Network
providers or Paid Inclusion Search Engines.
3.5.6. None of the restricted words
may be displayed in the Headline or Body of your advertisement. You agree that,
following notice from Micabeauty.com, you will promptly remove any search
listing containing copy and/or creative components that Micabeauty.com, in its
sole discretion, deems inappropriate for any reason.
Restricted Keyword List (but not limited to):
Mica Beauty
Micabeauty.com
Mica-Beauty.com
MicaBeautyCosmetics.com
Mica-Beauty-Cosmetics.com
Mica Beauty Cosmetics
Micabeautycosmetics
Mica Beauty Beauty
Micabeautybeauty
Mica Beauty Eyeshadow(s)
Mica Beauty Blush(es)
Mica Beauty Brush(es)
Mica Beauty Gel Liner(s)
Mica Beauty Pigment(s)
Mica Beauty discount(s)
Mica Beauty coupon(s)
Failure to follow these requirements will be
grounds for suspension from the program and forfeiture of all commissions.
3.6. Coupon Code Marketing Guidelines
Coupon marketing is allowed, but affiliates must
adhere to the following terms:
3.6.1. Affiliates are permitted to use
active coupon codes provided exclusively through the Mica Beauty Affiliate
Program. Affiliates are not permitted to promote unauthorized coupon codes,
codes that are exclusive to other affiliates, codes provided in
customer-oriented newsletters or other promotional codes from Mica Beauty’s
non-affiliate program marketing efforts. Use or attempted use of any coupon
code received from any source other than directly from the Mica Beauty
Affiliate Program will result in lost commissions and/or removal from the program.
3.6.2. Promotion language must be
simple, easy to understand, and should include the following:
The offer, the coupon code, the expiration date,
and approved text link only. Publishers of the
coupon code must not use “bait and switch”
language, misrepresentations, or false advertising
when promoting offers (i.e: “Click here for more
possible deals”). Publishers must remove invalid
coupon codes and banners, or make clear to readers
that the code is expired.
3.6.3. Affiliates bear the
responsibility for removing any unauthorized, user-submitted codes.
3.6.4. Distribution of coupon codes on
multiple sites needs to be disclosed and approved by the
Mica Beauty Affiliate Program. Please email any
new websites and promotions distributing Mica Beauty coupon codes
to affiliate@Micabeauty.com for approval.
3.6.5. Failure to follow these
guidelines will result in suspension and lost commissions. Upon
warning, affiliates must remove all violations.
Repeated abuse will result in termination of your
affiliation and any pending commissions owed will
not be paid if your account is terminated due to coupon code misuse.
3.7. “Cookie-Stuffing” Policy
“Cookie-Stuffing”, forced clicks, etc. is not
permitted. “Cookie stuffing” is an unlawful strategy of
generating affiliate sales. (IE: Use of cookie
stuffing to cause tracking systems to conclude that a user has clicked through
a qualifying affiliate link – and to pay commissions accordingly- even if the
user has not actually clicked through any such link). Affiliates found using,
employing or receiving this strategy will be immediately revoked and all
commissions will be forfeited and conditions.
3.8. Adware & Toolbars
Affiliates are prohibited from transmitting any
“interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or Add-Ons,” “Shopping Wallets” or
“deceptive pop-ups and/or pop-unders” to customers from the time the customer
clicks on a qualifying link to the Mica Beauty website until the time the
customer has exited the Mica Beauty site (ie. no page from the Mica Beauty site
or any Mica Beauty content or branding is visible on the end-user’s screen).
The terms a. “Parasiteware™” and “Parasitic Marketing” shall mean an
application that (a) through accidental or direct intent causes the overwriting
of affiliate and non-affiliate tracking cookies through any other means than a customer
initiated click on a qualifying link on a web page or email; (b) intercepts
searches to redirect traffic through an installed software, thereby causing,
pop ups, commission tracking cookies to be put in place or other commission
tracking cookies to be overwritten where a user would under normal
circumstances have arrived at the same destination through the results given by
the search (search engines being, but not limited to, Google, MSN, Yahoo and
similar search or directory engines); (c) set commission tracking cookies
through loading of Mica Beauty site in IFrames, hidden links and automatic pop
ups that open Mica Beauty’s site; (d) targets text on web sites, other than
those web sites 100% owned by the application owner, for the purpose of
contextual marketing; (e) removes, replaces or blocks the visibility of
affiliate banners with any other banners, other than those that are on web
sites 100% owned by the owner of the application.
- Grant
of Licenses
4.1. We grant 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 the Mica Beauty Affiliate Program. You agree that all uses of the Licensed
Materials will be on behalf of Mica Beauty and the rapport associated therewith
will inure to the sole benefit of Mica Beauty.
4.2. Each party agrees not to use the
other's proprietary materials in any manner that is disparaging, misleading,
obscene or that otherwise portrays the party in a negative light. 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.
4.3 All affiliates within the Mica Beauty
Affiliate Program grant Mica Beauty non-exclusive rights to use photos,
descriptions, artistic concepts associated with any content, images, videos,
copy related to the use of Mica Beauty products.
- Disclaimer
MICA BEAUTY MAKES TO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, MICA BEAUTY’S
SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED HEREIN, ANY IMPLIED
WARRANTIES OF MICA BEAUTY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WITH BE UNINTERRUPTED OR ERROR
FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
ERRORS.
- Representations
and Warranties
You represent and warrant that:
6.1. This agreement has been duly and
validly executed and delivered by you and constitutes your legal, valid, and
binding obligation, enforceable against you in accordance with its terms;
6.2. You have the full right, power,
and authority to enter into and be bound by the terms and conditions of this
agreement and to perform your obligations under this agreement, without the
approval or consent of any other party;
6.3. You have sufficient right, title,
and interest in and to the rights granted to us in this agreement.
- Limitations
of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
IN NO EVENT SHALL MICA BEAUTY’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR
RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION
FEES PAID TO YOU UNDER THIS AGREEMENT.
- Indemnification
You hereby agree to indemnify and hold harmless Mica
Beauty, and its subsidiaries and affiliates, and their directors, officers,
employees, agents, 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
our use of the affiliate trademarks infringes 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, including, without limitation,
content therein not attributable to us.
- Confidentiality
All confidential information, including, but not
limited to, any business, technical, financial, and customer information,
disclosed by one party to the other during negotiation or the effective term of
this agreement which is marked "Confidential," will remain the sole
property of the disclosing party, and each party will keep in confidence and
not use or disclose such proprietary information of the other party without
express written permission of the disclosing party.
- Payments
You will receive a commission for sending
authorized sales via your affiliate links. Commissions are automatically
calculated and based on the subtotal of the referred sale. In order to place an
affiliate link, you must first be approved by Mica Beauty to become an
affiliate. Payout rates may be changed at anytime and can be viewed via your
affiliate account on https://micabeauty.idevaffiliate.com/.
It is your responsibility to determine if the payout for a link you have placed
has been changed or discontinued. Payments are made upon request and when your
account balance reaches the required minimum or more. Your account does not
accrue interest.
- Affiliate
Account Interface
You will create an account and password in order
to enter the secure affiliate account interface.
From there, you will be able to view and receive
your reports regarding your commissions due to you.
The affiliate program is hosted on a 3rd-party,
cloud-based affiliate platform called Idevdirect. Affiliates acknowledge that Mica
Beauty is not responsible for any bugs, downtime, miscalculations of
commissions, or any other issues that may arise on the platform. Affiliates
acknowledge Mica Beauty will do everything within its power to create a good
experience for its affiliates.
Details of Idevdirect’s Privacy Policy can be
found at https://www.idevdirect.com/policies.php.
Details of Refersion’s Terms and Conditions can be found at https://www.idevdirect.com/policies.php.
- Modification
We may modify any of the terms and conditions in
this agreement at any time at our sole discretion. In such event, you will be
notified by email. Modifications may include, but are not limited to, changes
in the payment procedures and Mica Beauty Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this agreement.
Your continued participation in Mica Beauty’s Affiliate Program following the
posting of the change notice or new agreement on our site will indicate your
agreement to the changes.
- Revocation
of Affiliation
Affiliation can be ended at any time, with or
without cause, by giving the other party written notice. Written notice can be
in the form of mail or email. In addition, this agreement will terminate
immediately upon any breach of this agreement by you. If your affiliation with Mica
Beauty is revoked for any reason, you cannot rejoin the program in the future.
