Affiliate Terms of Service
This Mayvenn Affiliate Agreement (the “Affiliate Agreement”), in addition to the Mayvenn Terms of Service available at https://shop.mayvenn.com/policy/tos (the “Terms of Service” and, together with this Affiliate Agreement, the “Agreement”) sets forth the legally binding terms and conditions that govern your access to and participation in the referral program made available by Mayvenn (the “Affiliate Program”). Capitalized words and other defined terms used but not defined in this Affiliate Agreement have the meanings set forth in the Terms of Service. In the event of any conflict between this Affiliate Agreement and the Terms of Service, this Affiliate Agreement will govern to the extent of such conflict.
By participating in the Affiliate Program, including without limitation by creating an Affiliate Account or generating a Referral Code (each as defined below) you agree that you have read, understand, and agree to be bound by this Affiliate Agreement. If you are accepting the Affiliate Agreement on behalf of a company, partnership, organization, sole proprietorship or other legal entity (a “Business”) you represent and warrant that you are authorized to do so, and have the authority to bind such Business to this Affiliate Agreement, in which case the words “you” and “your” as used herein shall refer to such Business. If you do not agree to this Affiliate Agreement, or do not have the authorization and authority set forth above, then you are not allowed to participate in the Affiliate Program.
PLEASE READ THIS AFFILIATE AGREEMENT AND THE TERMS OF SERVICE CAREFULLY, AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THE TERMS OF SERVICE ALSO CONTAINS ADDITIONAL DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY PROVISIONS. PLEASE READ THE AGREEMENT CAREFULLY.
1. AFFILIATE ACCOUNTS.
1.1 Affiliate Account Creation. In order to participate in the Affiliate Program, you must register for an account (“Affiliate Account”) and provide certain information as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Affiliate Account at any time, for any reason, by following the instructions on the Site. Mayvenn may suspend or terminate your Affiliate Account in accordance with Section 10 (Term and Termination).
1.2 Affiliate Account Responsibilities. You are responsible for maintaining the confidentiality of your Affiliate Account login information and are fully responsible for all activities that occur under your Affiliate Account. You agree to immediately notify Mayvenn of any unauthorized use, or suspected unauthorized use of your Affiliate Account or any other breach of security. Mayvenn cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.3 Consent to Contact. By participating in the Affiliate Program you agree to grant express permission for Mayvenn to contact you for any purpose, at any mailing address, telephone number, or electronic address provided by you. You hereby request to receive phone calls and text messages, including automated text messages or dialing system, in connection with and to facilitate your use of the Affiliate Program, whether or not your mobile phone number(s) may otherwise be on the federal or state Do Not Call list. To the maximum extent permitted by law, your foregoing request overrides any prior Do Not Call request for or related to the Affiliate Program. If you choose not to agree to receive text messages as part of the Affiliate Program, you may not participate in specific offers, promotions, commercial services, or features that may depend on text messages. You are not required to agree to receipt of text messages in order to purchase any product or service from Mayvenn. Message & Data rates may apply. You also agree that we may use your mailing address to ship you Products, promotional materials or marketing messages.
2.1 Mayvenn Products. Mayvenn sells certain products through the service, including without limitation high-quality virgin hair (“Product(s)”).
2.2 Referral Code. Subject to the terms of this Agreement and Mayvenn’s approval of you for the Affiliate Program, Mayvenn will assign to you one or more unique codes (each, a “Referral Code”) which you may provide to your customers in the form of an internet link, an alphanumeric identifier, or such other format as determined by Mayvenn. A customer can enter a Referral Code in connection with their purchase of a Product through the service (“Purchase”). When a customer enters your Referral Code in connection with their Purchase, you may be eligible to receive a fee (the “Referral Fee”) in connection with such Purchase (an “Eligible Purchase”).
2.3 Referral Fee. You will receive a Referral Fee for each Eligible Purchase. Mayvenn’s current rates for Referral Fees are set forth at https://shop.mayvenn.com/pages/affiliate-signup and are subject to change from time to time in Mayvenn’s sole discretion. Referral Fees will be paid to you in accordance with Section 5, below, and our then-current policies and procedures.
2.4 Store Credit. From time to time, Mayvenn may make available to you a promotional discount on our Products (the “Store Credit”), which such Store Credit shall be calculated based on the dollar value of Eligible Purchases that you have generated through the Affiliate Program. Unless otherwise set forth on the service, you shall receive fifty dollars ($50) in Store Credit for every three hundred dollars ($300) of Eligible Purchases that you generate. Store Credit expires one (1) year from the date of issuance. STORE CREDIT IS NOT REDEEMABLE FOR CASH. STORE CREDIT IS A PROMOTION OFFERED BY MAYVENN, IN ITS SOLE DISCRETION. IT IS NOT A GIFT CARD OR OTHER STORED VALUE CARD. MAYVENN RESERVES THE RIGHT TO CANCEL THE STORE CREDIT OR ANY OTHER PROMOTION AT ANY TIME AND FOR ANY OR FOR NO REASON.
2.5 Excluded Purchases. Certain Purchases may not be eligible for the Referral Fee (“Excluded Purchases”). Excluded Purchases may include, without limitation, Purchases for which Mayvenn has not received payment, or Purchases that have been refunded by Mayvenn. If you have any questions about why a Purchase is an Excluded Purchase, please contact us through your Affiliate Account.
2.6 Excluded Products. Certain Products may not be eligible for the Referral Fee (“Excluded Products”). The Excluded Products are subject to change from time to time in Mayvenn’s sole discretion. If you have any questions about which Products may be Excluded Products, please contact us through your Affiliate Account.
2.7 Compliance. You agree to provide the Referral Code only to your customers in accordance with the terms of this Agreement and all applicable laws, including without limitation the Federal Trade Commission’s Guide Concerning the Use of Endorsements and Testimonials in Advertising. You further agree that you that you will not make statements regarding the Products that are not contained within any materials provided in writing by Mayvenn.
3. Program Restrictions. You acknowledge and agree that in connection with your participation in the Affiliate Program you will not, and will not cause or permit any third party to:
3.1 use any paid marketing or advertising, including “boosting” posts or paying for featured search postings;
3.2 resell, or purchase with the intention of making available for resale, any Products (provided, for the avoidance of doubt, that you may purchase Products in order to sell those Products to your clients or customers in connection with services such as installation or styling);
3.3 use any Content made available by Mayvenn or its affiliates to you for any purpose other than to promote the Products in accordance with the terms of this Agreement (including, without limitation, by altering or modifying such Content).
4. RELEASE. You hereby release and forever discharge Mayvenn (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Affiliate Program (including any interactions with, or act or omission of, any End User). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
5. PAYMENT TERMS.
5.1 Payment. Mayvenn will pay you any Referral Fee in accordance with Mayvenn’s then-current payment schedule. You may be able to elect different payment schedules in your Affiliate Account. Some payment schedules may be (i) subject to a fee, and/or (ii) available only to affiliates who select a particular method of payment, in each case as disclosed in your Affiliate Account.
5.2 Third Party Payment Processors. Unless otherwise selected in accordance with the then-current functionality of your Affiliate Account, processing for the Referral Fees will be performed by Mayvenn’s third-party payment processor(s) (collectively, “Payment Processors”). Your participation in the Affiliate Program and the payment processing provided by the Payment Processor is subject to the applicable terms and conditions of such Payment Processor, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information. All bank or other payment information is sent directly to and stored with the Payment Processor using its security protocols. Mayvenn does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to receive a Referral Fee. We may change, add, or make available other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. For more information on available payment processing methods for Referral Fees, please view the options available in your Affiliate Account.
5.3 Taxes. You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment of Referral Fees to you under this Agreement, and you agree to do so in a timely manner.
5.4 Expenses. You will be responsible for all expenses incurred in connection with your performance under this Agreement.
5.5 Mayvenn Affiliate Program Fees. Mayvenn reserves the right, upon notice to you, to charge fees in connection with your access to and use of any aspect of the Affiliate Program.
6. DISPUTES. You must notify Mayvenn in writing if you dispute the amount of any Referral Fee, the eligibility of any Purchase, or if you have any other complaints with respect to the Affiliate Program or your participation therein. Please contact us at firstname.lastname@example.org or by mail at 1423 Broadway #1057, Oakland, CA 94612. We will do our best to address your concerns in accordance with our then-current dispute resolution policies and procedures. While we may, in our discretion, help facilitate the resolution of disputes between affiliates through various programs, you acknowledge and agree that Mayvenn has no control over and no liability with respect to customers.
7. CONFIDENTIAL INFORMATION.
7.1 Definition. “Confidential Information” means any information, technical data, or know-how that is disclosed by Mayvenn to you under this Affiliate Agreement and that is identified at the time of disclosure as confidential, or that should reasonably be considered confidential, and includes without limitation the terms of this Affiliate Agreement and any non-public information regarding Mayvenn’s Products, specifications, research, inventions, designs, drawings, services, customers, end users, markets, pricing, or financing.
7.2 Protection of Confidential Information. You agree that you will not disclose any Confidential Information to any third parties and that you will protect the Confidential Information with at least the level of care you take to protect your own confidential information of similar value, but in no event with less than reasonable care. You agree that you will use the Confidential Information solely for the purpose of fulfilling your obligations under this Agreement, and you will not use the Confidential Information for your own benefit or the benefit of any third party. The obligation to maintain Confidential Information as confidential will survive termination of this Agreement.
7.3 Exceptions. Confidential Information will not include information which: (i) was previously known to you free of any obligation to keep confidential; (ii) is or becomes publicly available without breach of this Agreement; (iii) is received by you from a third party without confidentiality restrictions; (iv) is independently developed without reference to or use of Confidential Information received under this Agreement; or (v) is approved for disclosure by written authorization of a duly authorized representative of Mayvenn. You may make Confidential Information available to your attorneys, accountants and other advisers with a need to know who are bound by obligations of confidentiality at least as restrictive as those set forth herein; provided that you will be liable for any acts or omissions of such attorneys, accountants and other advisors. In the event any law or government entity compels the disclosure of any Confidential Information, you may disclose such Confidential Information only if you first give Mayvenn prompt notice of your intent to disclose the Confidential Information and reasonably cooperate (at Mayvenn’s expense) to assist in eliminating or minimizing the disclosure, subject in all cases to such law or government entity.
8. DISCLAIMERS. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MAYVENN (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAYVENN (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF MAYVENN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE AMOUNT RETAINED BY US IN THE INCIDENT GIVING RISE TO THE CLAIM; (2) ONE HUNDRED US DOLLARS (U.S. $100); OR (3) THE REMEDY SET FORTH IN THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. TERM AND TERMINATION. Subject to this section, this Agreement will remain in full force and effect while you participate in the Affiliate Program. We may suspend or terminate your rights to participate in the Affiliate Program (including your ability to access and use your Affiliate Account) at any time for any reason at our sole discretion, including for any violation of this Agreement. Upon termination of your rights under these Agreement, your Affiliate Account and right to participate in the Affiliate Program will terminate immediately. You understand that any termination of your Affiliate Account may involve deletion of your User Content associated with your Affiliate Account from our live databases. Mayvenn will not have any liability whatsoever to you for any termination of your rights under this Affiliate Agreement, including for termination of your Affiliate Account. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 4 (Release), 7 (Confidentiality), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Term and Termination) and 11 (General).
11.1 Modification. Mayvenn reserves the right, at any time and without liability, to modify, suspend, or discontinue the Affiliate Program (in whole or in part); to charge, modify, or waive any fees required for participation; or to offer opportunities to some or all Affiliate Program participants, in each case with or without notice to you.
11.2 Changes. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Affiliate Agreement will be effective immediately. Continued participation in the Affiliate Program following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.3 Electronic Communications. For contractual purposes, you (a) consent to receive communications from Mayvenn in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mayvenn provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.4 Entire Terms. This Agreement constitutes the entire agreement between you and us regarding your participation in the Affiliate Program. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Affiliate Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Mayvenn may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.