February 18, 2018
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FOR HER VANITY (DBA FORHERVANITY.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Affiliate/PR Agreement will govern your participation in the For Her Vanity Affiliate/PR Program. By clicking or stating, “I Agree” or similar acceptance box in any other language, you agree that the effective date of this Agreement is the date on which you click or state “Accept.” To print a copy of this Agreement, use your browser’s Print command.
Please be advised that you should not click and accept this agreement on behalf of an entity unless you have been authorized to bind that entity to the terms of this Agreement.
This Influencer Agreement is between you (“you”) and For Her Vanity, which is a business organized and existing under the laws of California, United States of America (“For Her Vanity”). If you have registered for or on behalf of an entity you are deemed to have accepted this Agreement on behalf of that entity.
In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
- Create Original Content. Once you receive the item(s), you agree to create genuine, permanent original content using the item in a tastefully arranged photograph, set of photographs or video.
- Social Media Platforms. You are required to, at minimum, post to the two (2) platforms in which you have the largest followings. Follow the different requirements applied to each specific platform:
- Pinterest. If you are posting on Pinterest, For Her Vanity requires that any creative content link back to forhervanity.com or the product page of the item being pinned.
- Instagram. If you are posting on Instagram, For Her Vanity requires a photo that prominently features the item(s), styled as you wish, linking to @forhervanity, using the hashtag #forhervanity, and including text similar to “find this ___________ at forhervanity.com” in the caption. Posting to your stories (is encouraged) is a great way to generate traffic, however, it is not considered a permanent post as described above and should not be the only post created.
- Facebook. If you are posting on Facebook, For Her Vanity requires that you use one or more images of the item(s) along with at least 1 full sentence about the item and your experience with it in the caption. You are also required to include a link to forhervanity.com or to the product page for the item being posted.
- YouTube.Videos do not have to be exclusive, adding our items as part of a broad topic is acceptable and encouraged. For Her Vanity requires a link in the description to the product page on forhervanity.com along with a brief description of the item.
- Post Within Two (2) Weeks of Receipt. Your post must be made public within two weeks of your receipt of your item(s). You must complete your agreed-upon post and reporting within two weeks in order to remain on our list of affiliates and receive additional items for the following launch.
- Affiliate Links. For Her Vanity requires that you use your affiliate link on all posts. Affiliate links are very important because they allow us to track where traffic comes from and who to credit for all sales resulting from that traffic. To access your affiliate link simply log in to your affiliate area.
- Email Posted Content. After you complete your agreed-upon post with your item(s) from For Her Vanity, we require that you send a direct link to the material and a screenshot(s) of your completed material to [email protected] so that we may track your progress and keep you in the program.
- Communications. You will provide a form of communication in which you are accessible within a reasonable amount of time. The communication platform must be one that you check regularly and respond within a reasonable time frame.
- Continuation of Program. For Her Vanity agrees to continue the Affiliate/PR Program as long as budget and business planning allows and will notify all Affiliate/PR of any change. For Her Vanity reserves the right to discontinue the program and/or remove members of the program at any time.
- Continuation of Participation.Following this process is the best way to ensure your participation as an affiliate for the following launch. We reserve the right to discontinue your participation at any time if you do not follow the procedures.
- Failure To Comply. If you fail to comply with this agreement after you have received an item we may request, at our discretion, to have the item shipped back to us at your expense. If that item is damaged you agree to be liable for the total value of the item regardless of whether that damage was caused directly or indirectly.
- Termination. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
- Modification. 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 forhervanity.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in forhervanity.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- Payments. Forhervanity.com uses PayPal to handle all payments. Payment disbursements will be made on the 1st day of the following month that the Affiliate earns a commission. For example, all commissions earned in the month of January will be paid on February 1.
- Affiliate Account Interface. You will create a password so that you may enter forhervanity.com’s secure affiliate account interface. From their you will be able to receive your reports that will describe our calculation of the commissions due to you.
- Grant Of License. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of forhervanity.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of forhervanity.com and the good will associated therewith will inure to the sole benefit of forhervanity.com. Each party 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.
- Disclaimer. FORHERVANITY.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING FORHERVANITY.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF FORHERVANITY.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT 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.
- Confidentiality. 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.
- Miscellaneous. 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 forhervanity.com. 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. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.
For any data, content, and images provided by you or accessed by For Her Vanity (directly or indirectly through your social media channels) in connection with the Affiliate/PR Program (collectively, “Product Content”), including photos, videos, and Product Listing content, you specifically give For Her Vanity the following permission: you grant For Her Vanity a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Product Content in connection with the For Her Vanity Affiliate/PR Program.
Discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability or any other unlawful basis under applicable law