Cosmetic Live - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	AFFILIATE TERMS AND CONDITIONS AGREEMENT To be an authorized affiliate, you agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Services as an affiliate. By registering for the Affiliate Program, you agree that you have read and understood the information presented below completely, and will abide by the terms and conditions. The term “Company” refers to Cosmetic Live / CosmeticLive.com which is a brand and website belonging to 6762859 Canada Inc. The term "Service" (or "Services") refers to the affiliate program, listings, advertising, marketing, articles, interviews, all associated content on this website, and the provision of web design, website development, and Internet marketing projects. The term "You" (or "you" or "Your" or “Affiliate”) refers to you as a person joining the affiliate program provided by Company. This document represents the Affiliate Terms and Conditions Agreement (hereinafter referred to as "Agreement" or “Affiliate Program”). It describes the proper kinds of conduct and prohibited uses of Company Services. Last Revised/Updated on May 26, 2008. 1. COMPLIANCE WITH THIS AGREEMENT Company has the right in its sole discretion to monitor your site at any time, and from time to time determine whether you are in compliance with the terms of this Agreement. VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF YOUR AFFILIATE PROGRAM MEMBERSHIP AND COMMISSION PAYMENTS. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR AFFILIATE MEMBERSHIP AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEBPAGES, WEB LISTING PAGES, IMAGES, GRAPHICS, DOMAIN NAMES, VERBAL COMMUNICATION (SUCH AS PHONE CALLS), IN-PERSON MEETINGS, AND ANY AND ALL INTERACTIONS WITH POTENTIAL ADVERTISERS, USERS OF THE WEBSITE, AND ANYONE THAT MAY IN SOME WAY INFLUENCE THE REPUTATION OF THE COMPANY IN ANY WAY. The terms of this Agreement will begin upon the acceptance by Company of your application, and will end when terminated by either party. Either you or Company may terminate this agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term, and referral fees earned through the date of termination will remain payable. Company reserves the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. 2. ENROLLMENT IN THE AFFILIATE PROGRAM To become an Affiliate of Company, you must complete the Affiliate registration form and submit it to Company. Company will evaluate the application and will notify you of your acceptance or rejection to the Service. Company retains the sole discretion to accept or reject your application for any reason. The following websites are unsuitable for admission into the Service: Websites that promote sexually explicit materials, promotes violence or illegal activities, violate intellectual property rights, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 3. ESTABLISHING A LINK You may add a link to your website as long as you follow the guidelines of the Service. You agree that you will cooperate fully with Company to establish and maintain your link. To receive payment for click thrus you must display on your site only those graphic or text-based images that are provided by Company, and you must not alter the code provided by Company for insertion in your webpages. Altering the code provided by Company may result in failure to track the click thrus from your site to Company, which means that you will not be paid for those click thrus. Company will provide you with all information necessary to allow you to make an appropriate links from your site to the Company site. You will be responsible for the placement of these banners and links. 4. TRACKING & REPORTING Company will track the impressions and click thrus generated by your website. Upon notice that your link is not tracking due to something within your control, you will be required to repair or fix the problem within one day of notice. Company will allocate payouts and provide you with informational reports with the data upon which your payout is based. 5. COSMETICLIVE.COM REFERRAL FEES AND PAYMENT An Affiliate will receive compensation ("commission"). Company agrees to pay to Affiliate a percentage of sales. Percentage is 25% of total amount of the CosmeticLive.com sale. Such a sale constitutes the following: a. A listing subscription (profile listing upgraded from free to paid member). b. Advertising on CosmeticLive.com (such as banner ads, text link ads, advertorials, etc). Affiliate will be paid a commission when the customer coming from Your website follows the link from your website or webpage, places an order, makes the payment and accepts delivery of Service. No commission will be paid if the customer re-enters CosmeticLive.com without following the link from your site within 15 days. Commission will be paid in accordance with the current commission schedule, which can be found from within your online control panel. Commission rates may be amended from time to time. Commission will be paid on a monthly basis approximately 30 days after the end of each monthly commission-generating period. Commission will be carried over until it exceeds $100. If Company is not paid for the Service, for which you have been paid commission, Company will deduct the commission earned from the next payment due to you or if none is due to you within one month, you will repay the commission to Company on demand. Upon termination of this Agreement by you, any outstanding commission will be paid to you unless the amount of commission is less than $100. In the case of two Affiliates claiming to deserve compensation for the same referral, the percentage of commission will be split evenly between the two. 7. WEBSITE PROJECTS REFERRAL FEES AND PAYMENT Company agrees to pay to Affiliate a percentage of sales for new non-cosmeticlive.com related sales. Such a sale constitutes the following: a. Any new website development project that is linked with the Affiliate directly managing the sale. The commission rate will be 25% of the total amount. b. On-going/recurring (e..g, monthly, annual, periodical) fee type of sale: The commission rate will be 25% of the total amount after expenses. If the project costs more to implement than the 25%, then the 25% will be provided based on the difference between expenses and the sale price. This fee may be changed from time to time by Company by posting a different amount on the Company website, effective upon publication, for each successful execution or billing of a paid subscription, advertising, or other project. ALL SALES OF ANY KIND ARE SUBJECT O THE APPROVAL OF COMPANY. 8. RECURRING PAYMENT PERIOD You will be paid as follows: a. Subscriptions: If your Affiliate commission is due as per the terms of the Agreement, you will be paid for the duration of that listing being paid for, as long as you remain an “active” Affiliate. In order to remain an “active” Affiliate that is to be paid for recurring subscription sales, you must complete the sale of at least one new listing subscription from a first time customer, within a 3-month period. b. Additional web work (non-cosmeticlive.com work): This fee will be paid for a maximum period of 12 months, after which no commission will be paid. If the client chooses an option that had a time-based component, such as 3 months for a given service, commission will only be paid for that limited time. The 12-month period begins on the date of the first invoice being sent to the client. 9. PAYMENT PROCEDURE Payment will be sent 30 days after the client has paid the Company. If it takes longer to assess a recurring expense, no payment will be provided until that expense is determined and paid for by the client. If the client does not send final payment or pay for something that is due, no commission will be paid until the client pays in full. Payment for listings will be paid via PayPal. All other payments to Affiliates will be made by check. 10. CONFLICTING PRIORITIES You agree to not represent any other Internet marketing, SEO, web design or website development company at any time while receiving commission from Company. Doing so nullifies Agreement and no commissions will be paid from that point forward. 11. LICENSES AND USE OF COMPANY LOGOS AND TRADEMARKS Company grants You a non-exclusive, non-transferable, revocable right to display the Company banners, logos, and other trademarks on your site solely in accordance with the terms of this Agreement; Solely in connection with such link to use the Company trademark and logo and similar identifying material for the sole purpose of linking your site to the Company site. You may not alter, modify or change the license material in any way. You are only entitled to use the license materials to the extent that you are a member in good standing of the Company Affiliate program. You shall not make any specific use of any license materials for purposes other than to provide links to Company on your site through banners and other links without first submitting a sample of such use to Company and obtaining the prior written consent of Company. You agree not to use the license material in any manner that is disparaging or that otherwise portrays Company in a negative light. Company reserves all of its rights in the license materials and may revoke your license at any time for any reason by giving you written notice. You grant to Company a non-exclusive license to utilize your name, title and logo to advertise, market, promote, and publicize in any manner; provided, however, that Company shall not be required to so advertise, market, promote or publicize the Company Service (affiliate program). 12. OBLIGATIONS REGARDING YOUR WEBSITE You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment and in ensuring that the materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. You hereby agree that your site will not, in any way, copy or resemble the look and feel of the Company site. Nor will you create the impression that your site is the Company site or is part of the Company site. 13. MODIFICATION Company may modify any of the terms and conditions contained in this Agreement at any time in its sole discretion. Any change in the modification of the terms and conditions of this Agreement will be posted on the Company site as a revised version of this agreement. Modifications may include, but are not limited to, changes in the scope of the available Referral Fees, Referral Fees schedules, payment procedures and other terms and conditions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Company Service (the affiliate program) following the posting of a change notice or new agreement by Company on its site will constitute binding acceptance of the change. 14. RELATIONSHIP OF THE PARTIES Each party shall be deemed to be independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship. You will be responsible for all owed taxes on "commissions" as required by law. You will have no authority to make or accept any offers or representations on the behalf of Company. You will not make any statement, whether on your site or otherwise that reasonably would contradict anything in this Agreement. 15. DISCLAIMERS Company makes no representation that the operation of its site will be uninterrupted or error free, and Company will not be liable for the consequences of any interruptions or errors. You shall not make any warranties or representations to any third party regarding the services offered by Company. 16. REPRESENTATIONS AND WARRANTIES You hereby represent and warrant to Company as follows: a. 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. b. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any Affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademark. c. You are an adult of at least 18 years of age. d. You know of no reason why you cannot legally be bound to this agreement. 17. LEGAL NOTICE REGARDING DIRECT SALES Affiliates who chose to operate using the phone, walk-in, or other active direct sales approaches must do so following the legal code in a give area. Legal issues and concerns that must be followed include, but are not limited to, do not call lists, proper use of wording during correspondence, The Telephone Consumer Protection Act (TCPA), and other. The use of auto-dialers is prohibited in all circumstances. The use of any form of spam email (“junk email” / “unsolicited email”) is strictly prohibited. Company will not be held responsible for any legal entanglements or fines related to Your failure to abide by the legal code. It is very important that You understand Company position on spam. Company does not tolerate the use any program related to Company for spamming in any way. If You cause any down time or financial loss to Company due to spamming, you will be responsible for all losses incurred by all the other active Affiliates and Company. Company is very serious about this and will prosecute to the fullest extent of the law in order to recover all losses. During in-person meetings, Affiliate will dress in professional attire and conduct their behavior in an appropriate manner. All customers, potential customers, and those surrounding them are to be treated with respect at all times. 18. CONFIDENTIALITY You hereby agree that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning Company shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any other purpose other than in the performance of your duties and obligations under this Agreement. 19. LIMITATION OF LIABILITY Company will not be liable for direct or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, even if Company has been advised of the possibility of such damages. Affiliate acknowledges and agrees that neither Company, its subsidiaries, parents, other affiliates, directors, officers, employees, agents, successors or assigns (collectively, the "Company Parties"), shall be liable to any party, including Affiliate, for any claim, liability, suit, action, judgment, loss, costs, expenses or other damages related to or in connection with the Affiliate website(s) and/or any content or other information displayed or contained thereon, including but not to, claims of infringement. Without limiting the generality of the proceeding sentence, Affiliate acknowledges and agrees that, notwithstanding any provision in any Agreement between Company and Affiliate to the contrary, including but not to any provision imposing joint and several liability on Company, none of the Company Parties shall be liable to Affiliate or any of its subsidiaries, parents, other affiliates, directors, officers, employees, agents, successors or assigns for any claims for indemnification, contribution or otherwise. 20. INDEMNIFICATION You hereby agree to indemnify and hold harmless Company and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, attorneys and other owners against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorney fees) any and 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 your use of Company trademark infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation or warranty or breach of the covenant and agreement made by You herein, or (iii) any claim related to Your website, including without limitation, contact therein no attributable to the Company. 21. GOVERNING LAW This Agreement will be governed by the laws of the Canada, without reference to rules governing choice of law. Any action related to this Agreement must be brought in the federal or state courts located in Quebec, and you irrevocably consent to the jurisdiction of such courts. 22. NON-ASSIGNABLE You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against your successors and assigns. 23. NON-WAIVER The failure of Company to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its rights to subsequently enforce such provision or any other provision in this Agreement. 24. SCOPE OF SERVICES Company will determine the prices to be charged for Services. The prices and availability of Services may vary from time to time. Company takes no responsibility for any errors in the description of the Services. Company is responsible for all aspects of order processing which includes; accepting the order, charging the customer, administration and refunds (where applicable). 25. TERMINATION In addition to any other right of termination, you may terminate participation in Agreement to provide Services at any time by written notice to Company. Following termination of this Agreement for whatever reason you shall immediately: Cease using Company name, trademarks and other related items. 26. PUBLIC ANNOUNCEMENT You may not mention Company in a press release or other public statement (other than the advertisement of Service) unless You have received prior written approval from Company.
	I have read, understand and agree to the above terms and conditions.

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