Please read and review this entire agreement carefully. This is a legally binding agreement between you (affiliate) and My Cosmetic Counter (mycosmeticcounter.com). By filling and submitting the out the My Cosmetic Counter Affiliate Program application, 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 entire terms of this agreement. When filling out the application you must provide complete and accurate information. Participation in the My Cosmetic Counter Affiliate Program is to legally advertise our website to receive commission on referral customers. We will evaluate each application. You will be notified of your acceptance or rejection. We may reject your application if we determine that your website or social media sites are unsuitable for any reason.
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 by either party. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:
- False advertisements concerning My Cosmetic Counter, or any brand or product sold on mycosmeticcounter.com
- Content deemed to be graphic or explicit by My Cosmetic Counter
- Harassment or intimidation of others on your website
- Usage of technology to potentially divert commission from other Affiliates in our Program
- Usage of material that infringes on any copyright, trademark or other intellectual property rights
- Usage of material that violates the law
The maintenance and updating of your site is your responsibility. We may monitor your site as necessary to ensure your content regarding My Cosmetic Counter is up to accurate, and notify you of any changes that should be made. You will have 48 hours to respond with requested changes on your site before your affiliation is terminated.
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 My Cosmetic Counter. 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 or otherwise, that reasonably would contradict anything in this section.
Each affiliate will be given their own, unique coupon code to market and receive sales commission on. Coupon marketing is allowed, but affiliates must adhere to the following terms:
- Distributions of coupon codes on any site other than social media channels stated on your Affiliate application must be disclosed and approved by the My Cosmetic Counter Affiliate Program. Please email any new websites or channels to email@example.com for approval.
- Affiliates bear the responsibility for removing any unauthorized, user-submitted codes.
Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates 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.
While you are free to market My Cosmetic Counter on your own web site, please be aware certain forms of advertising are prohibited by My Cosmetic Counter. Please abide by the following guidelines when planning your marketing:
- “My Cosmetic Counter” or “mycosmeticcounter.com” cannot be used as a part of an affiliate’s website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
- Advertising commonly referred to as “spamming” is unacceptable to My Cosmetic Counter and could damage our name and reputation. 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.
- You may use mailings to contact your customers so long as the recipient is already a customer or subscriber of your services or website. Recipients must have the option to opt-out of future mailings for themselves.
- You may not make any misleading or false statements in your campaigns. To avoid conflicts and to protect the integrity of My Cosmetic Counter, We reserve the right to suspend any affiliate accounts, and thus their commissions, for phrases that My Cosmetic Counter determines to be untrue or inflammatory claims of our products, services or website.
Failure to follow these requirements will be grounds for suspension or removal from the program and forfeiture of all commissions.
You will receive a commission for sales via your affiliate coupon code. Payout rates may be changed at any time and can be viewed via your affiliate account on mycosmeticcounter.com. My Cosmetic Counter uses PayPal, a third party, to handle all affiliate tracking and payments. Payments are made automatically on the fifteenth (15th) day of every month when your account balance reaches the required minimum ($10) or more for the previous month’s transactions. Your account does not accrue interest.
Modification of Terms
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 or rates, pay date or Affiliate Program rules and guidelines. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in the My Cosmetic Counter Affiliate Program following the posting of the change notice on our site will indicate your agreement to such changes.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, 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 MY COSMETIC COUNTER’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
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 My Cosmetic Counter Affiliation is revoked, you cannot rejoin the program in the future.