Affiliate Pay Schedule and Terms
VIP Affiliates – 15% top tier affiliate making 30+ sales
Executive Affiliate – 10% 15 – 29 sales
Regular Affiliates – 8% 1-14 sales
Curated Packages from Affiliates – Affiliates can create curated combination packages that are available ONLY to their audience. Those special curated packages will receive a discount NO MORE than 5%.
Affiliate will advance to the next tier when sales reach a specified number of sales.
To become an Affiliate, simply go to https://itibabeauty.com/affiliate-login/ and create your account.
By coming to our Affiliate Page and signing up to become an itibabeauty affiliate, that means you have read and agreed to our CBLL Affiliate Agreement and will adhere to our policies.
Commissions are paid out via PayPal.
Commissions will be paid out on the 15th of each month AND once the threshold of $50.00 has been met. If you have commission payments in your account totaling $49.99 by the 15th of the month, no commission will be paid. Those funds will be rolled over until the 15th of the next month to be paid out.
Crucian Beauty, LLC (itibabeauty) will provide the links and codes needed for the affiliate to make sales via their website, social media and/or blog. Images will be provided by itibabeauty for use for marketing the affiliate’s links. If the affiliate is creating their own marketing images/material, they MUST be submitted to itibabeauty via email at email@example.com to ensure the piece conforms and stays within Crucian Beauty, LLC’s marketing protocols.
Crucian Beauty, LLC Affiliate Disclosure Requirements, and FTC Frequently Asked Questions.
In 2009, the Federal Trade Commission (FTC) published Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Guidelines”). These FTC Guidelines require companies and individuals who receive compensation for endorsing a product or service to clearly disclose this connection to the consumer. As a result, any affiliate who receives compensation for endorsing or promoting products or services using reviews, rankings, blogs, videos, articles, or other testimonials must clearly and conspicuously disclose this financial incentive.
Crucian Beauty, LLC requires all of its affiliates to comply with the FTC Guidelines. Failure to do so may result in removal from our affiliate program and the cancellation of all outstanding commissions owed to the affiliate.
We realize that, on the surface, some of these guidelines may seem onerous, but not only are they required by U.S. law, but we believe such transparency ultimately creates happier, long-term customers, which works towards everyone’s best interests. We certainly value long-term customers over short-term customers, and our most profitable long-term affiliates are those who deliver long-term customers.
To comply with the FTC Guidelines, you must disclose that you are receiving commissions, and these disclosures must meet four basic requirements: disclosures must be frequent, clear, conspicuous, and require no scrolling or other type of user action to locate.
Frequent: Your disclosure must appear on every page that has a review, recommendation, comment, graphic, widget, sidebar, “native ad,” or other content that promotes a product or service for which you receive compensation. Such content includes articles or other informative pages that mix promotion with unrelated technical advice or recommendations, pages containing affiliate links or graphics, and pages displaying thumbnails, previews, teasers, links, or feeds that lead to promotional content or contain such content themselves.
Clear: If you receive compensation for your review or rating, it must be immediately clear (i.e., unavoidable) to the consumer. If commissions, conversion rates, or any factors other than those listed in the body of the rankings, comparisons, or reviews are influencing the information on your site or how it is arranged, then you must clearly explain this. Whenever possible, incorporate disclosure language directly into promotional claims and recommendations rather than putting it in a separate disclosure.
Do not promise or imply neutrality or independence when, in fact, commissions and/or conversion rates are determining or influencing the presentation of information. If you are receiving commissions from all of the brands listed on your site, you must state this. You must disclose that your business incentives are driving placement or ratings if that is the case. In addition, disclosures about your business incentives should be consistent with all other content on your website. For example, if one part of your website makes a factual claim or suggests that the information you present is objective, that claim must be true — you can’t undermine, contradict, or otherwise “go back on” it in a separate disclosure.
Finally, if your site mixes content related to a product or service for which you receive compensation with other, unrelated content, a visitor should easily be able to tell which parts are influenced by compensation and which are not. This may require placing multiple disclosures on the same page — for example, next to each promotional item in a news feed, or at the beginning of an article within a news feed and next to a “Top Sites” widget appearing in a sidebar further down the page. Vague catch-all statements such as “the commissions we receive may affect certain articles or rankings on our site” are insufficient.
Conspicuous: The disclosure must be easy to see, distinct, and unavoidable. It should begin with a self-explanatory signal – e.g., “Disclosure,” “Paid Advertisement,” or something similar. No scrolling away from the promotional content should be necessary to locate the disclosure. For example, a site with multiple affiliate links should have a disclosure visible on the same screen as each affiliate link, and a website with promotional articles or lists should display disclosures in close proximity to that promotional material, not tucked away in a sidebar or footer.
Disclosures must be prominently displayed so they are noticeable to consumers and should be of a size, color, and graphic treatment that sets the disclosure apart from other parts of the webpage. For example, disclosures should be in a font size that is at least as large as the main text on the page and in a contrasting style and/or color to the surrounding text.
Require No Action: Your disclosure must be immediately evident to a typical visitor to your site who views a review, ranking, or endorsement. A visitor should not need to scroll, click, or hover to learn that you receive compensation. In certain circumstances, you may be able to include a clickable link for additional information when a visitor hovers over text, provided that the language of the link itself reveals the fact that you receive compensation.
Special Guidance for Consumer Reviews and Endorsements:
If you include consumer reviews, feedback, or endorsements about products or services listed on your site, you must comply with the FTC Guidelines prohibiting the biased manipulation of consumer reviews, including the following:
Consumer reviews and endorsements should be representative of the types of experiences potential consumers (i.e, your audience or visitors) can generally expect to have when purchasing or using the product or service being reviewed or endorsed. Otherwise, if the reviews or endorsements do not represent typical circumstances, that information should be clearly and conspicuously disclosed, along with supplementary details regarding the more general type of experience or performance potential consumers can likely expect.
You should not offer inducements or incentives in return for positive reviews; you should not pretend to be a consumer yourself, nor should you write fake reviews (including about a competitor).
You should clearly state how reviews are obtained and verified, and you should publish all reviews, including the negative ones, provided that they are genuine and truthful. You should also explain the circumstances under which reviews might be edited or not published at all (e.g., if they include abusive language or defamatory remarks).
You should ensure that reviews are current (i.e., not stale, not too old), and you should have appropriate procedures in place to detect and remove outdated or fake reviews.
Select excerpts from FTC Endorsement Guides FAQs:
We encourage you to read the FAQs from the FTC in their entirety.
I’m an affiliate marketer with links to an online retailer on my website. When people read what I’ve written about a particular product and then click on those links and buy something from the retailer, I earn a commission from the retailer. What do I have to disclose? Where should the disclosure be?
If you disclose your relationship to the retailer clearly and conspicuously on your site, readers can decide how much weight to give your endorsement.
In some instances – like when the affiliate link is embedded in your product review – a single disclosure may be adequate. When the review has a clear and conspicuous disclosure of your relationship and the reader can see both the review containing that disclosure and the link at the same time, readers have the information they need. You could say something like, “I get commissions for purchases made through links in this post.” But if the product review containing the disclosure and the link are separated, readers may lose the connection.
As for where to place a disclosure, the guiding principle is that it has to be clear and conspicuous. The closer it is to your recommendations, the better. Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a “terms of service” agreement – isn’t good enough. Neither is placing it below your review or below the link to the online retailer so readers would have to keep scrolling after they finish reading. Consumers should be able to notice the disclosure easily. They shouldn’t have to hunt for it.
Is “affiliate link” by itself an adequate disclosure? What about a “buy now” button?
Consumers might not understand that “affiliate link” means that the person placing the link is getting paid for purchases through the link. Similarly, a “buy now” button would not be adequate.
I guess I need to make a disclosure that I’ve gotten paid for a video review that I’m uploading to YouTube. When in the review should I make the disclosure? Is it ok if it’s at the end?
It’s more likely that a disclosure at the end of the video will be missed, especially if someone doesn’t watch the whole thing. Having it at the beginning of the review would be better. Having multiple disclosures during the video would be even better. Of course, no one should promote a link to your review that bypasses the beginning of the video and skips over the disclosure. If YouTube has been enabled to run ads during your video, a disclosure that is obscured by ads is not clear and conspicuous.
Do the Endorsement Guides apply to social media?
Yes. Truth in advertising is important in all media, whether they have been around for decades (like, television and magazines) or are relatively new (like, blogs and social media).
I’m a blogger and a company wants me to attend the launch of its new product. They will fly me to the launch and put me up in a hotel for a couple of nights. They aren’t paying me or giving me anything else. If I write a blog sharing my thoughts about the product, should I disclose anything?
Yes. Knowing that you received free travel and accommodations could affect how much weight your readers give to your thoughts about the product, so you should disclose that you have a financial relationship with the company.
More information about the FTC Disclosure requirements can be found here:
Guides Concerning the Use of Endorsements and Testimonials in Advertising
The FTC’s Revised Endorsement Guides: What People are Asking
Dot Com Disclosures: Information About Online Advertising
Native Advertising: A Guide for Businesses
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, Crucian Beauty, LLC (“Crucian Beauty, LLC”) and you, regarding your application to and participation in, the Crucian Beauty, LLC Affiliate Program (the Affiliate Program) as an affiliate of Crucian Beauty, LLC (an Affiliate), and the establishment of links from your website to our website, www.itibabeauty.com
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE Crucian Beauty, LLC TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Crucian Beauty, LLC’s Products and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Crucian Beauty, LLC for sales directly resulting from such display.
“Affiliate Site” – The Affiliate’s website which displays Crucian Beauty, LLC’s Products and/or promotions.
“Crucian Beauty, LLC’s Products” – Web hosting and related Products that are available for purchase from Crucian Beauty, LLC.
“Commission Fees” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to Crucian Beauty, LLC subject to the Commission Threshold and pursuant to the terms of this Agreement.
“Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Crucian Beauty, LLC.
“Qualified Purchase” – A sale of Crucian Beauty, LLC Products by Crucian Beauty, LLC, with a term of twelve (12) months or longer, to a Referred Customer that is not excluded under Section 7.
“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section 3) that provides valid account and billing information.
“Registration Form” – Any and all order forms or other signup or acceptance form submitted by a customer to purchase Crucian Beauty, LLC’s Products.
0. Enrollment in the Affiliate Program
a. To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at https://itibabeauty.com/affiliate-login/
b. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy.
c. If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. Crucian Beauty, LLC, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
1. Promotion of Our Affiliate Relationship
a. Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to Crucian Beauty, LLC’s website. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. Crucian Beauty, LLC may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Crucian Beauty, LLC that are not approved in advance by Crucian Beauty, LLC. All Affiliate Sites shall display the Links prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe). Any information with respect to Crucian Beauty, LLC that is going to be displayed on the Affiliate Site must be preapproved by Crucian Beauty, LLC in writing.
b. Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE CRUCIAN BEAUTY, LLC TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, CRUCIAN BEAUTY, LLC) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT CRUCIAN BEAUTY, LLC’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE CRUCIAN BEAUTY, LLC IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF CRUCIAN BEAUTY, LLC IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF CRUCIAN BEAUTY, LLC IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF CRUCIAN BEAUTY, LLC’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY CRUCIAN BEAUTY, LLC’S LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH CRUCIAN BEAUTY, LLC SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF CRUCIAN BEAUTY, LLC’S INTELLECTUAL PROPERTY RIGHTS.
c. Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the Crucian Beauty, LLC Products, or other content concerning Crucian Beauty, LLC without Crucian Beauty, LLC’s prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Crucian Beauty, LLC website will in no way alter the look, feel, or functionality of the Crucian Beauty, LLC website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees
1. FTC Endorsement Compliance
a. It is the intent of Crucian Beauty, LLC to treat all of our customers fairly. Accordingly, we require all Crucian Beauty, LLC Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the a. Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Crucian Beauty, LLC’s Products must prominently disclose the fact that you receive compensation for Referred Customers.
b. Crucian Beauty, LLC reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.
1. Data Security
In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the GDPR). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Crucian Beauty, LLC in complying with any data subject rights request under the GDPR that Crucian Beauty, LLC may receive from any individuals referred to Crucian Beauty, LLC by Affiliate. Affiliate further agrees to promptly assist Crucian Beauty, LLC in complying with any duties to cooperate with supervisory authorities under the GDPR.
1. Order Processing
Crucian Beauty, LLC will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Crucian Beauty, LLC. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Crucian Beauty, LLC’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.
1. Commission Determination; Qualified Purchases
a. Commissions will be calculated based on the commission rates stated on the Crucian Beauty, LLC website for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to Section 8 below. A Qualified Purchase does NOT include the following:
i. A purchase by a Referred Customer that has transferred from any Crucian Beauty, LLC partners or subsidiaries.
ii. A purchase by a Referred Customer who is also associated with any Crucian Beauty, LLC reseller, referral, or other program.
iii. A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
iv. A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
v. A purchase that Crucian Beauty, LLC suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
vi. A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Crucian Beauty, LLC’s sole discretion.
vii. A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate unless authorized by Crucian Beauty, LLC.
viii. A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion.
ix. A purchase by a Referred Customer who received a popup with a discounted offer, while leaving Crucian Beauty, LLC’s website during their purchase.
x. A purchase by a Referred Customer engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s name, email address, or other identifying characteristic as determined by Crucian Beauty, LLC and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined by Crucian Beauty, LLC, in our sole discretion.
a. Crucian Beauty, LLC reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by Crucian Beauty, LLC in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
b. Crucian Beauty, LLC reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. Crucian Beauty, LLC reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
c. Crucian Beauty, LLC reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a Qualified Purchase. Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; Crucian Beauty, LLC is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Crucian Beauty, LLC to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Crucian Beauty, LLC’s sole discretion.
d. Commissions for any Referred Customer who is associated with any Crucian Beauty, LLC reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
e. In the event that the Referred Customers that are referred to Crucian Beauty, LLC by an Affiliate are determined to have an excessive cancellation rate, as determined by Crucian Beauty, LLC in its sole discretion, Crucian Beauty, LLC reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
f. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Crucian Beauty, LLC or any violation of the terms of this Agreement constitutes immediate grounds for Crucian Beauty, LLC to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
1. Accrual of Commissions
Commissions will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to Section 9 below and (ii) reach the Commission Threshold of $50 based on the commission rates stated on the Crucian Beauty, LLC website, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. For example, if you provide sign-ups which result in one Qualified Purchase on January 1st and a second sign-up which leads to a Qualified Purchase on August 10th, and you provide all necessary tax documentation on August 10th, no commission would accrue because the second Qualified Purchase occurred more than one hundred and eighty (180) days after the end of January when the first Qualified Purchase occurred. However, if you subsequently provide a sign up which leads to another Qualified Purchase on September 5th of the same year, then commissions would accrue on the latter two Qualified Purchases (i.e., the Qualified Purchases from August and September of the same year). All Qualified Purchases still eligible to result in commissions under this Section 8 must remain active and in good standing pursuant to the terms of this Agreement in order to remain eligible for accrual of a commission. Once a commission has accrued under this Section 8, the amount of such commission (the Commission Fee) shall be due and payable to you under the terms of Section 9. Crucian Beauty, LLC reserves the right to change the Commission Threshold by amending this Agreement and will notify you for any such amendment pursuant to the terms of this Agreement.
1. Commission Payments
a. Subject to the terms of this Agreement and the accrual of commissions as set forth in Section 8 above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.
b. Commission Fees will be disbursed on the 15th day of the month once the balance on the account reaches a minimum of $50.00. Crucian Beauty, LLC will only compensate you for Qualified Purchases made in accordance with this Agreement.
c. Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing Crucian Beauty, LLC of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the affiliate console. Any changes to your desired payment method may take up to two payout cycles to take effect.
d. Commission Fees are paid through PayPal:
i. PayPal Payments: Please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States i. https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside. (PayPal payments will only be reissued within one hundred and twenty (120) days of the original issue date in the case of an incorrect PayPal address or refusal from PayPal to accept a payment.)
ii. Crucian Beauty, LLC is not responsible for paying any third-party fees charged by PayPal in order for you to receive Affiliate Commission Fees.
a. Crucian Beauty, LLC, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.
b. Disputes: Affiliate has access to Crucian Beauty, LLC’s real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Crucian Beauty, LLC and Affiliate forfeits forever any rights to a potential claim.
c. It is solely your responsibility to provide Crucian Beauty, LLC with accurate tax and payment information that is necessary to issue a Commission Fee to you. If Crucian Beauty, LLC does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.
d. Each Affiliate is required to submit a W8/W9 tax form before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, Crucian Beauty, LLC will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.
e. Any address change must be made in the Affiliate profile in the affiliate console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed
1. Reports of Qualified Purchases
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console.
1. Obligations Regarding Your Affiliate Site
a. You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Crucian Beauty, LLC Products); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters
b. We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. If you are not in compliance we may terminate your participation in the Affiliate Program effective immediately.
1. Crucian Beauty, LLC Responsibilities
We will provide all of the information necessary for you to make Links from your Affiliate Site to our site. Crucian Beauty, LLC will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Crucian Beauty, LLC Products placed by a Referred Customer following a Link from your Affiliate Site, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, and for providing information to Affiliates regarding Qualified Purchase statistics. Crucian Beauty, LLC will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related Crucian Beauty, LLC service.
1. Policies and Pricing
Referred Customers who buy Crucian Beauty, LLC Products through our affiliate network are deemed to be Crucian Beauty, LLC Customers. Crucian Beauty, LLC’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, Crucian Beauty, LLC determines the prices to be charged for Crucian Beauty, LLC Products sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Crucian Beauty, LLC Products may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular Crucian Beauty, LLC Product.
1. E-mails and Publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (also known as “SPAM”) without prior written consent from Crucian Beauty, LLC, to be granted or denied in Crucian Beauty, LLC’s sole discretion, in each instance. Additionally, you may only send emails containing a Crucian Beauty, LLC affiliate link and or a message regarding Crucian Beauty, LLC or Crucian Beauty, LLC’s Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 14, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by Crucian Beauty, LLC in its sole discretion, the Affiliate relationship may be terminated.
1. Licenses and Use of Crucian Beauty, LLC Logos and Trademarks.
a. Subject to the limitations set forth in Section 3 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable license to (i) access our website through the Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such Links, to use the Crucian Beauty, LLC trademark and logo and similar identifying material provided by us (collectively, the “Licensed Materials”), for the sole purpose of selling Crucian Beauty, LLC Products on your Affiliate Site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are an Affiliate in good standing and in compliance with all of the terms of this Agreement.
b. You shall not use the Licensed Materials for any purposes other than selling Crucian Beauty, LLC Products, without first submitting a sample to us and obtaining the express prior written consent of Crucian Beauty, LLC in each instance. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays Crucian Beauty, LLC, any hosted member of Crucian Beauty, LLC or any Crucian Beauty, LLC employee or representative in a negative light. We reserve all of our rights in the Licensed Materials and your license to use such material is limited to the manner described herein. We may revoke your license at any time, by giving you written notice. If not previously revoked, this license shall immediately terminate upon the termination of your participation in the Affiliate Program.
c. You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote Crucian Beauty, LLC and the Affiliate Program, provided that Crucian Beauty, LLC use of the Affiliate Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
1. Term and Termination
a. The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause.
b. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for commissions only if the orders for the related Crucian Beauty, LLC Products are not cancelled within (30) days and comply with all of the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Crucian Beauty, LLC in its sole discretion.
c. Any Affiliate who violates this Agreement, Crucian Beauty, LLC’s Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
d. Crucian Beauty, LLC reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in Crucian Beauty, LLC’s sole discretion.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Crucian Beauty, LLC Products sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
1. Relationship of Parties
You and Crucian Beauty, LLC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 Affiliate Site or otherwise, that contradicts anything in this section.
1. Representations and Warranties
You hereby represent and warrant to us as follows:
a. You have reviewed and understand this Agreement and agree to be bound by its terms.
b. Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
c. You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Crucian Beauty, LLC the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
d. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement
e. There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
f. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of our Terms and Conditions or Acceptable Use Policy.
g. You are at least eighteen (18) years of age.
h. Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.
1. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby agree to indemnify and hold harmless Crucian Beauty, LLC 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 Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Crucian Beauty, LLC customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.
1. Independent Investigation
You understand that we may at any time (directly or indirectly) solicit Crucian Beauty, LLC relationships on terms that may differ from those contained in this Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the Crucian Beauty, LLC Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement
a. Governing Law. The laws of the Virgin Islands of the United States will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in St. Croix, U. S. Virgin Islands and you irrevocably consent to the jurisdiction of such courts.
b. Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns
c. Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement