|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Variable, depending on your 30 day(s) sales volume.|
|Base commission||Starting at 10.00% and based on sales volume|
|Additional terms||Payment of Affiliate Referral Fees. Affiliates will be paid any earned Affiliate Referral Fees weekly on the fifteenth calendar day of the month following the month the Affiliate Referral Fees were earned by Qualified Sales attributed to Affiliate. Payments will be made to the Affiliate’s PayPal account associated with the Affiliate’s Affiliate Account, less any deductions of Affiliate Referral Fees due to chargebacks, as set forth in §3 (“Eligibility Requirements and Qualified Sales.”) of these Terms. Any dispute of the amount of Affiliate Referral Fees paid to Affiliate by MyElle must be disputed in writing to MyElle via email at [email protected] and set forth the specific reasons for the Affiliate’s dispute. If no such writing is received by the third business day after any disputed Affiliate Referral Fee was paid to Affiliate, then the Affiliate will no longer have a right to in any way dispute the Affiliate Referral Fee paid to the Affiliate by MyElle. In order to generate a Qualified Sale eligible for payment of Affiliate Referral Fees, the customer must access the Website and complete a purchase of Company product(s), by using the Affiliate’s Affiliate Link to access the Website and purchasing Company product(s) within thirty (30) days of the date the customer first accessed the Website utilizing the Affiliate’s Affiliate Link. A customer who has purchased Company product(s) in this manner, meeting all criteria provided in these Terms, will be deemed a Qualified Sale of the Affiliate whose Affiliate Account is associated with the Affiliate Link that was used by the customer as described herein. Only one (1) Affiliate may receive credit for a customer sale, even if a particular customer accessed or utilized multiple Affiliate Links; the first valid Affiliate Link through which the customer accessed the Website will receive credit for the Qualified Sale, provided such sale meets the other requirements of these Terms. For each Qualified Sale eligible for payment of an Affiliate Referral Fee, the Affiliate will receive an Affiliate Referral Fee payment as follows, excluding any applicable taxes and shipping charges: PRODUCT SOLD AFFILIATE REFERRAL (MONTHLY) FEE PERCENTAGE 1 – 4 Ten Percent (10%) 5 – 9 Fifteen Percent (15%) 10-19 Twenty Percent (20%) 20 or more Twenty Five (25%) The Affiliate will receive a Referral Fee Payment for all Qualified Sales of product, on a per item of product basis, determined by multiplying the total revenue of the Affiliate’s Qualified Sales for a given month by the Affiliate’s Referral Fee Percentage, where the Affiliate Referral Fee Percentage is determined by the number of items of product sold by the Affiliate in the given month, as set forth in the table above. Affiliate may only generate one Qualified Sale per customer. Multiple orders of Company product(s) by the same customer will not be eligible for multiple Qualified Sales and/or multiple payments of Affiliate Referral Fees; only the first order of Company product(s) by a customer meeting all of the criteria of a Qualified Sale stated herein will be eligible for payment of any Affiliate Referral Fee. All Qualified Sales and Affiliate Referral Fee Payments derived there from will be tracked from data gathered using Refersion, as described in §2 (“Application for Affiliate Program, Use of Refersion Software, and Applicable Third Party Terms and Conditions.”). MyElle will review, on a monthly basis, the Qualified Sales and related Affiliate Referral Fee payments logged in Refersion and review and approve for payment those which meet all of the criteria for payment of Affiliate Referral Fees as provided in these Terms. All payments issued through Refersion in such manner will be issued to the Affiliate’s PayPal account; a PayPal account is required in order to register for Refersion and the Affiliate Program, and to receive any payments from the Affiliate Program. All such payments are subject to the applicable terms and conditions of Refersion and PayPal, and by participating in the Affiliate Program and receiving any Affiliate Referral Fee payment, You consent to be bound by these Terms and any such applicable third party terms and conditions. The Company reserves the right to change the specific criteria of a Qualified Sale and to modify these Terms at any time for any reason, and the Company has sole discretion in resolving any dispute between Affiliates or between the Affiliate and the Company relating to any Qualified Sales or any Affiliate Referral Fees.|
MYELLE WELLNESS, INC.
AFFILIATE AND INFLUENCER PROGRAM TERMS AND CONDITIONS
The Affiliate Program Terms and Conditions (these "Terms") will govern the relationship between MyElle Wellness, Inc., a California corporation, (“MyElle"), and You, the Affiliate, ("You," “Your,” or "Affiliate") with respect to the Affiliate and Influencer Program (“Affiliate Program”) and related products and services offered through MyElle’s website (located at: www.myellevibe.com) (the “Website”). You and MyElle may also each be individually referred to herein as “Party” and collectively as “Parties.”
To use or access the Affiliate Program, You, the Affiliate, must agree to be bound by these Terms; if You do not agree to these Terms, You have no right or authority to access or use the Affiliate Program, or to exercise any other right in connection with these Terms. If You have registered for the Affiliate Program for, or on behalf of, an entity, You are deemed to have accepted these Terms on behalf of that entity. MyElle may, in its sole discretion, refuse to register You as an Affiliate and/or terminate Your participation in the Affiliate Program at any time for any reason.
In consideration of the mutual covenants and agreements contained herein, the parties, intending to be legally bound, hereby agree as follows:
You may apply for the Affiliate Program by completing the application form located at www.myellevibe.com/pages/affiliate. Once You click “Apply,” a confirmation email is sent to the email address You provided in the application. Your application for the Affiliate Program will be reviewed within 24-48 hours. If rejected, You will receive an email stating that your application has been rejected. If accepted, You will receive an email confirming that your application has been accepted and including your Affiliate Link, along with other information to help You get started as a successful MyElle Affiliate.
In order to generate a Qualified Sale eligible for payment of Affiliate Referral Fees, the customer must access the Website and complete a purchase of Company product(s), by using the Affiliate’s Affiliate Link to access the Website and purchasing Company product(s) within thirty (30) days of the date the customer first accessed the Website utilizing the Affiliate’s Affiliate Link. A customer who has purchased Company product(s) in this manner, meeting all criteria provided in these Terms, will be deemed a Qualified Sale of the Affiliate whose Affiliate Account is associated with the Affiliate Link that was used by the customer as described herein. Only one (1) Affiliate may receive credit for a customer sale, even if a particular customer accessed or utilized multiple Affiliate Links; the first valid Affiliate Link through which the customer accessed the Website will receive credit for the Qualified Sale, provided such sale meets the other requirements of these Terms.
For each Qualified Sale eligible for payment of an Affiliate Referral Fee, the Affiliate will receive an Affiliate Referral Fee payment as follows, excluding any applicable taxes and shipping charges:
PRODUCT SOLD AFFILIATE REFERRAL
(MONTHLY) FEE PERCENTAGE
1 – 4 Ten Percent (10%)
5 – 9 Fifteen Percent (15%)
10-19 Twenty Percent (20%)
20 or more Twenty Five (25%)
The Affiliate will receive a Referral Fee Payment for all Qualified Sales of product, on a per item of product basis, determined by multiplying the total revenue of the Affiliate’s Qualified Sales for a given month by the Affiliate’s Referral Fee Percentage, where the Affiliate Referral Fee Percentage is determined by the number of items of product sold by the Affiliate in the given month, as set forth in the table above. Affiliate may only generate one Qualified Sale per customer. Multiple orders of Company product(s) by the same customer will not be eligible for multiple Qualified Sales and/or multiple payments of Affiliate Referral Fees; only the first order of Company product(s) by a customer meeting all of the criteria of a Qualified Sale stated herein will be eligible for payment of any Affiliate Referral Fee.
All Qualified Sales and Affiliate Referral Fee Payments derived there from will be tracked from data gathered using Refersion, as described in §2 (“Application for Affiliate Program, Use of Refersion Software, and Applicable Third Party Terms and Conditions.”). MyElle will review, on a monthly basis, the Qualified Sales and related Affiliate Referral Fee payments logged in Refersion and review and approve for payment those which meet all of the criteria for payment of Affiliate Referral Fees as provided in these Terms. All payments issued through Refersion in such manner will be issued to the Affiliate’s PayPal account; a PayPal account is required in order to register for Refersion and the Affiliate Program, and to receive any payments from the Affiliate Program. All such payments are subject to the applicable terms and conditions of Refersion and PayPal, and by participating in the Affiliate Program and receiving any Affiliate Referral Fee payment, You consent to be bound by these Terms and any such applicable third party terms and conditions.
The Company reserves the right to change the specific criteria of a Qualified Sale and to modify these Terms at any time for any reason, and the Company has sole discretion in resolving any dispute between Affiliates or between the Affiliate and the Company relating to any Qualified Sales or any Affiliate Referral Fees.
The above list of required information to register for an Affiliate Account is not exhaustive, and MyElle reserves the right to modify the information required to register or to maintain an Affiliate Account under the Affiliate Program. In addition to the specific information listed above, MyElle requires that You provide additional information regarding your websites, social media accounts, and other specific information relating to the Affiliate Program. In the event that MyElle changes the information required to be an Affiliate, to the extent that any existing Affiliate has not provided any of the information required to register for an Affiliate Account, that Affiliate must submit to MyElle the required information and/or any required updates to existing information within thirty (30) days of receipt of any notice from MyElle informing the Affiliate that new or updated information is required from the Affiliate to maintain the Affiliate’s Affiliate Account.
The Affiliate expressly agrees that he or she or it will not run any adwords and/or search engine optimization based marketing campaigns for any specific MyElle products eligible for the Affiliate Program and/or any marketing of MyElle products, branding, promotions, or any other such similar marketing activities which may be outside the scope of the Affiliate Program. To the extent that the Affiliate wishes to engage in such adwords or search engine optimization marketing campaign, he or she or it must first contact MyElle and obtain MyElle’s written consent to use any adwords related to MyElle products, branding, or other similar such marketing information.
“Confidential Information” means all confidential and/or proprietary information and documents furnished or disclosed by or on behalf of a Party or its affiliates, no matter when or how furnished or disclosed. Confidential Information includes, without limitation, all nonpublic information relating to a Party's or its affiliates’ technology, business plans, agreements, promotional and marketing activities, finances and other business affairs, and all third party information that a Party or its affiliates is obligated to keep confidential. Confidential Information may be contained in tangible materials, such as drawings, data, specifications, reports, and computer programs, or may be in the nature of unwritten knowledge. Confidential Information does not include any information that has become publicly available without breach of these Terms, can be shown by documentation to have been known to the receiving Party at the time of its receipt from the disclosing Party or its affiliates, is received from a third party who did not acquire or disclose such information by a wrongful or tortious act, or can be shown by documentation to have been independently developed by the receiving Party without reference to any Confidential Information.
MyElle will retain all rights, title, and interest in all Marketing Materials and any intellectual property related to these Terms, the Affiliate Program, or otherwise to effectuate the purposes of the Affiliate Program, or any other intellectual property that may be developed by MyElle during the term of these Terms.
You, the Affiliate, acknowledge MyElle’s exclusive rights set forth above in this §9 (“No Transfer of Ownership MyElle’s Intellectual Property Rights; Limited License to Use MyElle Trademark, Logos, Branding, and Other Marketing Materials.”), and further acknowledge that the MyElle trademark and any other intellectual property related to these Terms and the Affiliate Program are unique and original to MyElle, and that MyElle is the owner thereof. The Affiliate will not, at any time during or after the effective term of these Terms dispute the or contest, directly or indirectly, MyElle’s exclusive right and title to the intellectual property referenced herein, or the validity thereof. The Affiliate recognizes the value of the goodwill associated with the intellectual property referenced herein, and agrees that all rights therein, including any goodwill pertaining thereto, belong exclusively to MyElle. The Parties agree to execute any documents reasonably requested by the other Party to effectuate any of these provisions.
The Parties each represent and warrant to the other that each respective Party has full power and legal right to agree to and perform its obligations under these Terms, that no authorization or approval from any third party is required in connection with each Party’s execution, delivery, or performance of its obligations under these Terms, and that these Terms constitute a legal, valid, and binding obligation, enforceable against each Party in accordance with these Terms.
The Affiliate represents and warrants that all marketing and promotional means utilized by the Affiliate (a) will not contain objectionable content (including but not limited to content that is misleading, illegal, and/or promoting illegal goods, services or activities), and (b) will not mislead others. The Affiliate further represents and warrants that the content of the Affiliate’s website and emails does not promote, advocate, facilitate or otherwise include any of the following: (i) hate speech or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation; (ii) investment, money-making opportunities or advice not permitted under law; (iii) violence or profanity; (iv) pornographic, obscene, sexually explicit or related content; (v) material that defames, abuses, is libelous, is tortuous or threatens physical harm to others; (vi) material that displays any telephone numbers, street addresses, last names, URLs, email addresses, any confidential information or any other personally identifiable information of any third person; (vii) material that impersonates any person or entity; (viii) any indication that any statements the Affiliate makes are endorsed by MyElle, without MyElle’s express prior written consent; (ix) promotion of illegal substances or activities (e.g., illegal narcotics, how to build a bomb, counterfeiting money); (x); content which is inappropriate or harmful to children; (xi) promotion of terrorism or terrorist-related activities, sedition or similar activities; (xii) hacking or software pirating; (xiii) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) any software, product or service that harvests or collects the personal information of internet users, whether or not for commercial purposes, without the express consent of such users; (xvi) any spoofing, redirecting or trafficking from other websites in an effort to gain traffic; (xvii) any content that infringes upon the intellectual property rights of any third party or any other right including, without limitation, false advertising, unfair competition, invasion of rights of publicity or privacy; (xiii) illegal forms of gambling, contests, lotteries, raffles, or sweepstakes; (xix) any material that violates CAN-SPAM or any similar or comparable laws in any other country or jurisdiction in which the Affiliate operates; or (xx) any illegal activity whatsoever (including any violations of applicable U.S. state or federal law or regulation, Canadian provincial or federal law or the laws of any other country or jurisdiction in which the Affiliate operates). MyElle may review any Affiliate information, conduct, and any suspected fraudulent, abusive, or otherwise illegal content or activity. Any validated breach of this §13 (“Representations and Warranties.”) is grounds for immediate deactivation of the Affiliate’s Affiliate Account.
The Affiliate agrees that it shall comply with all laws and regulations and will not engage in spamming, unlawful mass emailing or any unapproved emailing or in any way fail to comply with the CAN SPAM Act of 2003, 15 U.S.C. 7701, et seq., as amended, or any comparable laws, rules or regulations in any country from or to which the Affiliate is accessing this Website or participating in the Affiliate Program, that govern email marketing and advertising.
MyElle Wellness, Inc.
270 F N. El Camino Real #442
Encinitas, CA 92024
Types of Personally Identifiable Information Collected
First Name and Last Name
We may also collect, store or accumulate certain non-personally identifiable information concerning Your use of this Website, such as information regarding which of our pages are most popular, Your IP address, browser, city, time zone, referring URL, and operating system. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving this Website. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees, and partners.
How Information is Collected
MyElle™ asks for You to submit Your Personal Information through this Website during the purchase process of Company products, the registration of Company products for warranty purposes, and/or for marketing and promotional purposes from time to time. The Company does not otherwise collect or request Personal Information; if You do not wish for Your Personal Information to be collected by the Company, then do not submit any of your Personal Information to us through this Website.
How The Company Uses Personal Information
Your Personal Information is used to ensure the accuracy of information to ensure order fulfillment and delivery and to help manage, track, and respond to warranty requests for registered products. The Company and its affiliates and subsidiaries may also use Personal Information that You provide to fulfill any requests for information and to create and deliver to You our newsletters or surveys, communications containing product information, promotions, or to customize visitors' user-experience at this Website. We do not and will not sell any of Your data to any third party.
Disclosure of Information
The Company may share Your Personal Information as required by law or permitted by law as described below:
With service providers of the Company to the extent necessary for the Company to carry out its services;
To effect a merger or acquisition or otherwise support a sale or transfer of business assets;
In compliance with any laws, court orders, or when required to do so by law, such as in response to a subpoena, reporting requirement, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States;
The Company may also disclose information about You that is not personally identifiable, such as aggregated statistical information about the Company’s customers.
Cookies and Related Technologies
Remember that You have visited www.myellevibe.com.
Identify the number of unique visitors accessing this Website so that we can provide enough capacity to accommodate all users of this Website.
Customize elements of the promotional layout and/or content of this Website.
Collect data about the way You interact with this Website (e.g., when users use certain features).
Collect data to assess and improve our advertising campaigns, including sending information to our agents, affiliates, partners, successors, and/or assigns.
Allow our agents, affiliates, partners, successors, and/or assigns (including third- parties) to use these tracking technologies to track Your behavior on the Company’s behalf on this Website (including when You use multiple devices) and on partner websites and applications.
Enable third parties to collect data about the way You interact across sites outside of this Website.
We may also collect information using web beacons. Web beacons are electronic images that may be used in this Website or emails from or on behalf of the Company. We use web beacons to deliver Cookies, track the number of visits to this Website, to better understand usage and campaign effectiveness, and to determine whether an email has been opened and acted upon by You.
Network Advertising Initiative (www.networkadvertising.org/choices)
Digital Advertising Alliance (www.aboutads.info/choices)
Digital Advertising Alliance (http://youradchoices.com/appchoices)
Device Information. The Company may collect information about Your mobile device or other device used by You when accessing this Website, including, but not limited to the following information: the hardware model, operating system and version of that operating system, software and/or application names and version numbers, file names and version numbers, preferred language of the device, unique device identifiers, advertising identifiers, device serial number, device motion information, and mobile network information.
Security and Retention of Personal Information
The Company follows generally accepted industry standards to protect the Personal Information You provide, such as the use of a secure server, a database only accessible by those authorized with special access rights to such systems, and routine monitoring of systems and data. No method of electronic data transmission or storage is completely secure, and for this reason, there is no guarantee that information will not be accessed, disclosed, altered, or lost or destroyed by breach of any of the Company’s physical, technical, or managerial safeguards. The Company keeps Your personal data only as long as necessary to provide You with products and other legitimate and essential business purposes.
General Data Protection Regulation
The Company may share Personal Information with third parties and those third parties, may be located in countries other than Your home country. As such, Personal Information may be subject to privacy laws that are different from those in Your country of residence. The Company is headquartered in San Diego, California, and does not anticipate collecting information from individuals residing in the European Union; however, in the event that any transaction related to the product involves the transmission of personal data by an individual located in the European Union, any such transfer will comply with General Data Protection Regulation requirements.
Privacy Practices of Third Parties and Links
Children’s Online Privacy Protection Act
The Company does not intend or permit any individuals under the age of eighteen (18) to use this Website, and any such use by any individual under the age of eighteen (18) is prohibited. By using this Website, You represent that You are at least eighteen years (18) old and understand that You must be eighteen (18) years old to purchase any products through this Website; Your birth date is
requested as part of the registration information for the purpose of validating that You are eighteen (18) years old or older. The Company will promptly delete any information associated with any records, account, or other such information for any account where the Company obtains actual knowledge that the registered individual associated with the account it not at least eighteen (18) years old.
California Privacy Rights
California Consumer Privacy Act (“CCPA”). Pursuant to §1798.100 of the California Civil Code, residents of California are provided specific legal rights regarding personal information. These rights include 1) the right to request that a business disclose the specific personal information collected; 2) a business shall inform consumers at or prior to the point of collection as to the categories of personal information not be collected and for what purposes it will be used; 3) a business will only disclose personal information to a consumer upon receipt of a verifiable consumer request, and 4) a business is required to respond to verifiable customer requests to access personal information at least twice in a twelve (12) month period; and 5) information from a one-time transaction that is not sold or retained by the business does not need to be retained by the business.
MyElle™ Wellness, Inc. ATTN: Legal Department 270 F N. El Camino Real Encinitas, CA 92024