LOVINAH Skincare & Beauty Influencer Program TERMS AND CONDITIONS
Please read and review this entire agreement. This is a legally binding agreement between you (influencer) and LOVINAH Skincare & Beauty (www.lovinah.com). By filling out the LOVINAH Skincare & Beauty Influencer 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.
1. 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 LOVINAH Skincare & Beauty Influencer Program is to legally advertise our website to receive commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your website is unsuitable for any reason.
2. Influencer 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 influencer account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:
- 2.1.1. False advertisements concerning LOVINAH Skincare & Beauty
- 2.1.2. Spamming using your influencer 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
- 2.1.5. Content deemed to be graphic or explicit by LOVINAH Skincare & Beauty
- 2.1.6. Promotion of illegal activities
- 2.1.7. Usage of technology to potentially divert commission from other influencers in our program
2.2. LOVINAH Skincare & Beauty reserves the right to review your placement and approve the usage of your influencer links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate (see condition 2.1). You may not use your own link to make purchases. You will not earn commission from orders placed under your influencer link by customers residing in your household.
2.3. The maintenance and updating of your site or social media accounts are your responsibility. We may monitor your site/social media as necessary to ensure your content is up to date and notify you of any changes that should be made to help your influencer 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.
2.4. 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 LOVINAH Skincare & 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 site, social media or otherwise, that reasonably would contradict anything in this section.
3. Promotion Restrictions
While you are free to market LOVINAH Skincare & Beauty on your own web site or social media accounts, the promotion of the LOVINAH Skincare & Beauty brand could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by LOVINAH Skincare & Beauty. Please abide by the following guidelines when planning your marketing efforts:
3.1. Using “LOVINAH Skincare & Beauty ”
“LOVINAH Skincare & Beauty” cannot be used as a part of an influencer's website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the influencer account.
3.2. FTC Guidelines & Spamming
Advertising commonly referred to as “spamming” is unacceptable to LOVINAH Skincare & Beauty and could damage our name. Influencers 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 influencers to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any non-compliant influencers. 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 opt-out of future mailings for themselves.
3.4. Copyright and Trademark Infringement
LOVINAH Skincare & Beauty reserves the rights to seek legal action against retail partners and influencers that infringe our copyrights, registered trademarks, and patented and patent pending products. Influencers acknowledge that they will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by LOVINAH Skincare & Beauty. Failure to adhere may result in removal of the Influencer Program. LOVINAH Skincare & Beauty will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit or patent infringing products.
3.5. Coupon Code Marketing Guidelines
Coupon marketing is allowed, but influencers must adhere to the following terms:
- 3.5.1. Influencers are permitted to use active coupon codes provided exclusively through the LOVINAH Skincare & Beauty Influencer Program. Influencers are not permitted to promote unauthorized coupon codes, codes that are exclusive to other influencers, codes provided in customer-oriented newsletters or other promotional codes from LOVINAH Skincare & ’s non-influencer program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the LOVINAH Skincare & Influencer Program will result in lost commissions and/or removal from the program.
- 3.5.2. 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.
- 3.5.3. Influencers bear the responsibility for removing any unauthorized, user-submitted codes.
- 3.5.4. Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, influencers must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.
LOVINAH SKINCARE & BEAUTY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, LOVINAH SKINCARE & BEAUTY’S SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LOVINAH SKINCARE & BEAUTY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
5. 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 LOVINAH SKINCARE & 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.
You hereby agree to indemnify and hold harmless LOVINAH Skincare & Beauty, and its subsidiaries and influencers, 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 influencer 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.
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.
You will receive a commission for all authorized sales via your influencer link. In order to place an influencer link, you must first be approved by LOVINAH Skincare & Beauty to become an influencer. Payout rates may be changed at any time and can be viewed via your influencer account on Affiliately. LOVINAH Skincare & Beauty uses a third party, Affiliately, to handle all influencer tracking and payments. Payments are made automatically on the sixth (6th) day of every month when your account balance reaches the required minimum or more for the previous month’s transactions. Your account does not accrue interest. Coupon Sites are not eligible to receive monthly cash bonuses.
11. Influencer Account Interface
You will create a log-in and password in order to enter the Affiliately secure influencer account interface. From their site, you will be able to view and receive your reports regarding your commissions due to you.
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 LOVINAH Skincare & Beauty’s Influencer Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in LOVINAH Skincare & Beauty’s Influencer Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
13. 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, email or fax. In addition, this agreement will terminate immediately upon any breach of this agreement by you. If LOVINAH Skincare & Beauty affiliation is revoked, you cannot rejoin the program in the future.