Affiliate Program Terms & Conditions for Everyday Style
EVERYDAY STYLE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING EVERYDAY STYLE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF EVERYDAY STYLE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE CANNOT GUARANTEE AND DO NO PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.
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 EVERYDAY STYLE’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.
THIS DOCUMENT IS CONSIDERED A LEGAL AGREEMENT BETWEEN AN AFFILIATE AND EVERYDAY STYLE.
BY JOINING OUR AFFILIATE PROGRAM YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND ALL THE TERMS AND CONDITIONS INCLUDED IN THIS AGREEMENT AND YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
The following Agreement outlines terms and conditions agreed between us, Everyday Style (referred to herein as “we” “us” or “our”) and you (referred to herein as “you”, “your” or “affiliate”), that apply to you becoming an affiliate of Everyday Style Affiliate Program.
- Affiliate Obligations
2.1. The process of becoming an affiliate would automatically begin after you submit an online application for Everyday Style Affiliate Program. Though we auto-approve applications, it does not imply that we may not re-evaluate your application at a later time. Your application may be rejected or canceled at our sole discretion, if we determine that the platform you are using to fulfill the duties specified in this Agreement is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes or encourage violence
2.1.3. Promotes or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes or encourage illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes Everyday Style or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, obscene, defamatory, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program
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 Everyday Style or any other affiliated business.
2.3. Being a member of Everyday Style Affiliate Program, you will be able to access your Affiliate Dashboard on Thrivecart. There you may find the details of our Affiliate Program, and get your unique Affiliate Tracking Links as well as banner creatives. In order for us to accurately keep track of all guest visits from your site to ours, you must use one of your unique Affiliate Tracking Links.
2.4. Everyday Style reserves the right, at any time, to review your placement and approve the use of your Affiliate Tracking Links and require that you change the placement or use to comply with the guidelines provided to you.
2.5. It is entirely your responsibility to maintain and update the platform you are using to promote Everyday Style. We may monitor said platform as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.6. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to the platform of your choice. You must express a permission of the owner to use any copyrighted material, whether it be a writing, an image, or any other work protected by copyright laws. We may not be responsible (meaning that you will be solely responsible) if you use any copyrighted material or other intellectual property in violation of the law or any third party rights.
- Everyday Style Rights and Obligations
3.1. We have the right to monitor the platform you are using to promote our brand at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your platform that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your platform that we feel are necessary, we reserve the right to unilaterally terminate your participation in the Everyday Style Affiliate Program.
3.2. Everyday Style reserves the right to terminate this Agreement and your participation in the Everyday Style Affiliate Program immediately and without notice to you should you commit fraud in your use of the Everyday Style Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Everyday Style shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
4.1. Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice in the form of an email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
4.2. Everyday Style reserves the right to terminate inactive Affiliates at our sole discretion. Inactive is defined as not generating any traffic “clicks” through the affiliate link within a 3 month period.
5.1 We reserve the right, at our sole discretion, to update or modify this Agreement at any time. In such event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and Everyday Style Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Everyday Style Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. Please note that all changes will be brought into force within three days of you getting a notification email.
- Tracking and Payment
6.1. Everyday Style may use third-party services to handle all the tracking and payment.
6.1.1. PayPal payment service will be used for providing payouts to the affiliate. Payouts will be made via PayPal the 15th of each month (or on the next business day if the 15th falls on a weekend). No commission fees mandated by PayPal should be compensated in any way by Everyday Style. We recommend reviewing terms and conditions of PayPal payment system in order to learn more about their rules and commission fees.
6.1.2. In order to provide a payout, we shall request specific information about your PayPal account. You undertake to give us a full, correct and trustworthy information about your PayPal account, and you may not accuse us of any damages that may be caused in connection with the use of incorrect information provided by you.
6.2. Affiliates will be paid a 30% commission on every sale that is made via their affiliate link. Everyday Style will indicate the total amount of earning by providing a report which can be reached through Affiliate Account.
6.3. Payments are awarded to the last cookie, which has a 1-month expiration date and automatically expires upon first purchase. We pay one time for each purchase, so if you would be able to advertise a link to a customer again in the new season, you will get the commission for the second sale as well.
- Account Security
7.1. You are fully responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall not accuse Everyday Style of any information or data leaks caused by the possible hacking of your account, as well as for any further damage caused by such leaks. We recommend setting strong password, which should not be disclosed to third parties in any way.
- Promotion Restrictions
8.1. You are free to promote your own platforms, but naturally, any promotion that mentions Everyday Style could be perceived by the public or the press as a joint effort. Please note that certain forms of advertising are always prohibited by Everyday Style.
8.1.1. You may not use advertising commonly referred to as “spamming” which is unacceptable to us due to the fact that it could cause damage to our name.
8.1.2. You may not use such prohibited forms of advertising as unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
8.1.3. You may not advertise in any space that is owned or managed by people directly related to Everyday Style, including Facebook groups, Instagram accounts, sites, blogs etc. You are prohibited from sending private message to group members, or those commenting on Everyday Style Social Media posts for the purposes of sharing your affiliate link. Please contact Everyday Style if you have any concerns about whether the resource you are going to use for advertising is managed by someone related to Everyday Style.
8.2. You may use mailings to customers to promote Everyday Style so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings.
If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Everyday Style Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.3. For advertising our brand you shall only share promotional materials that may include, but are not limited to, links and promo outfits, or use pictures of yourself wearing branded products (aka “Capsule Outfits”). You may not share pictures of the actual capsule or disclose capsule contents.
8.4. At all times, you must clearly represent yourself and your websites as independent from Everyday Style.
8.5. You may not purchase products for yourself or others through your own Affiliate link.
- Grant of Licenses
9.1. Both Everyday Style and the affiliate 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.
9.2. You may not reproduce, forward, or share the Capsule Guides, or Style Masterclasses at any time.
- Representations and Warranties
You represent and warrant that:
10.1. 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;
10.2. 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;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11.1 You hereby agree to indemnify and hold harmless Everyday Style, and its 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 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 platform, including, without limitation, content therein not attributable to us.
12.1 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.
13.1. 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 Everyday Style. 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 platform or any other of site or otherwise, that reasonably would contradict anything in this Section.
13.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of the District of Columbia without regard to the conflicts of laws and principles thereof.
13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5. This document represents the entire agreement between “us” and “you”, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.