Program Application




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Cookie days 30 day(s)
Commission type Variable, depending on your 30 day(s) sales volume.
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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. 


You agree to use the Website, the Affiliate Program, and any additional products and/or services offered by MyElle only in accordance with these Terms (located at: https://myellvibe.com/pages/affiliate), along with any additional applicable terms or conditions which may apply to your usage of the Website or the Affiliate Program, including but not limited to: the MyElle Privacy policy (located at: https://myellevibe.com/pages/privacy-policy) and the MyElle Terms and Conditions of Website Use and Product Purchase (located at: https://myellevibe.com/pages/terms-and-conditions); any such applicable terms are hereto incorporated by reference. To the extent that there is any conflict in any applicable additional terms, these Terms will govern. MyElle reserves the right to make changes to the Website, Affiliate Program, and these Terms at any time, and will notify you of any such changes or updates at the email address associated with Your “Affiliate Account.” The updated version of these Terms will become effective thirty (30) days after being posted on the Website. Following such thirty (30) day period, Your continued use of the Website and/or service after any such modification thereof shall constitute Your consent to such modification.


In consideration of the mutual covenants and agreements contained herein, the parties, intending to be legally bound, hereby agree as follows:


  1. Purpose of Affiliate Program. Affiliate will have the opportunity to earn Affiliate Referral Fees, as set forth in these Terms, by promoting and referring potential customers to the Website by providing a link to customers who purchase MyElle product(s) from the Website. You will have to meet the qualifying requirements to be eligible for Affiliate Referral Fees as provided in these Terms. Each link provided to each Affiliate contains a unique identifier to allow MyElle to track sales of its products generated by use of the unique link of each Affiliate (the “Affiliate Link”).



  1. Application for Affiliate Program, Use of Refersion Software, and Applicable Third Party Terms and Conditions. The Affiliate Program uses Refersion Affiliate Marketing Software (“Refersion”) in order to facilitate the Affiliate Program, including but not limited to usage of Refersion for generating Affiliate Links, tracking Qualified Sales, reviewing and approving Affiliate Referral Fees, providing Marketing Materials (as defined in these Terms) to the Affiliate, and aggregating Affiliate and customer information generally related to the Affiliate Program and/or purchase of MyElle product(s). Use of Refersion by the Affiliate is required in order to register for the Affiliate Program; please review the applicable terms and conditions and privacy policy for Refersion, located at www.refersion.com. By registering for the Affiliate Program or otherwise participating in the Affiliate Program, and to be eligible to receive any Affiliate Referral Fees from any Qualified Sales, you acknowledge that you have had the opportunity to review any applicable third party terms and conditions for the Affiliate Program, and agree to be bound by any such applicable third party terms and conditions which may be required in order to use Refersion and/or participate in the Affiliate Program. To the extent that You, the Affiliate, object to these Terms or any applicable third party terms, please do not register for and/or cease participation in the Affiliate Program.


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.



  1. Eligibility Requirements and Qualified Sales. In order for a purchase of any MyElle product(s) through the Website to be eligible for Affiliate Referral Fees, the purchase must be a Qualified Sale by any Affiliate. In order to be considered a Qualified Sale, the following criteria must be met:



  • The Affiliate must have a properly registered Affiliate Account, with all required information to register for an Affiliate Account accurately provided to MyElle by Affiliate;



  • The purchase of the product through the Website must be done by utilizing the Affiliate Link provided to the Affiliate and contain the appropriate cookie information (please see the MyElle Privacy Policy for specific definitions and technical information on cookies) of the Affiliate in order to be considered a Qualified Sale by that Affiliate; please review the technical information provided by Refersion for more information on the Affiliate Link, cookies, and tracking of order information.



  • The customer making the purchase described above must be a new customer to MyElle, and must provide a name, address, and email address which is not already in the MyElle customer database;



  • All information provided by customer associated with the Qualified Sale must be accurate, and the email address must be valid for delivery of order information, and the physical address must be valid for shipping of the ordered products;



  • The customer must make the purchase within the thirty (30) day expiration limit of the cookie information described above;



  • Any chargeback by customer of the purchase underlying a Qualified Sale will result in the sale to be deemed no longer eligible as a Qualified Sale, and in such event, MyElle reserves the right to deduct the amount of any Affiliate Referral Fees paid to Affiliate for such sales from any future Affiliate Referral Fees owed to Affiliate; and



  • The Affiliate must not be in breach of these Terms, or any additional applicable terms of MyElle at the time the Affiliate Referral Fee is scheduled to be paid to Affiliate, and MyElle reserves the right and has sole discretion to withhold and/or deny any payment of Affiliate Referral Fees  and/or terminate the Affiliate’s access to the Affiliate Program for any breach of these Terms and/or any additional applicable MyElle terms.



  1. 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.



  1. Term and Termination. Notwithstanding anything to the contrary contained in these Terms, MyElle may terminate the Affiliate’s Affiliate Account for the Affiliate Program, with or without cause, at any time for any reason, and MyElle will pay the Affiliate for any Qualified Sales earned up to the date of termination of the Affiliate’s Affiliate Account, pursuant to these Terms. The Affiliate may terminate the Affiliate’s Affiliate Account with thirty (30) day written notice to MyElle, emailed to [email protected] or otherwise sent to MyElle as provided in these Terms, §19 (“Notice.”). Termination of the Affiliate’s Affiliate Account by either party shall not relieve either party from liability for breach of any provision of these Terms.



  1. Affiliate Account and Required Registration Information. In order to become an Affiliate under the Affiliate Program, You must register for an Affiliate Account on the Website (located at: https://www.myellevibe.com/affiliate) and provide the following information: 



  • Your First Name and Last Name;

  • Your Email Address;

  • The creation of a password for Your Affiliate Account


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.



  1. Marketing Materials and Standards of Marketing and Promotion by Affiliate. In connection with the Affiliate’s performance of his or her or its duties and obligations, MyElle may, from time to time, furnish the Affiliate with such sales catalogs, brochures, samples, equipment, software and other marketing materials (collectively the “Marketing Materials”) as MyElle deems necessary to enable the Affiliate to solicit orders for MyElle products under the Affiliate Program; any such Marketing Materials will be made available to the Affiliate through the Refersion dashboard, accessible via Your Affiliate Account. All Marketing Materials will remain the exclusive property of MyElle.  The Affiliate shall use such Marketing Materials solely for the purposes of soliciting orders for MyElle products. For purposes of the Affiliate Program, the only authorized Marketing Materials for use by the Affiliate will be provided in the form of “Banner Ads” that the Affiliate may post on websites under the Affiliate’s control. The Affiliate will take all action necessary and appropriate to ensure that no Marketing Materials are lost, stolen, destroyed, or damaged. If any Marketing Materials are lost, stolen, destroyed, or damaged, the Affiliate will be liable to MyElle for the cost of replacement of such Marketing Materials.


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.



  1. Confidentiality. Each Party will take commercially reasonable actions designed to protect any Confidential Information received from the other Party from misappropriation and unauthorized use or disclosure, and at a minimum, will take precautions at least as great as those taken to protect its own Confidential Information of a similar nature. The receiving Party may disclose Confidential Information of the disclosing Party to the extent necessary to comply with applicable law. Upon request of the other Party, or in any event upon any termination or expiration of Affiliate’s Affiliate Account, pursuant to these Terms, each Party will return to the other or destroy all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information of the other Party. Either Party will be entitled to seek preliminary and/or permanent injunctive relief from any violation or threatened violation of this §8 (“Confidentiality.”) without the necessity of proving actual damages or posting any bond or other security.


“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.



  1. No Transfer of Ownership MyElle’s Intellectual Property Rights; Limited License to Use MyElle Trademark, Logos, Branding, and Other Marketing Materials. Subject to these Terms, MyElle grants to the Affiliate a revocable, non-transferable, royalty free, license to use the Website, Marketing Materials, and the applicable Affiliate Link for the Affiliate. The Affiliate may not remove or alter any copyright, service marks, or trademark notices. MyElle reserves any and all rights not explicitly granted in the limited license in this section and these Terms in general.


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.



  1. Privacy Policy Applies. The MyElle Privacy Policy (located at: https://www.myellevibe.com/privacy-policy) applies to all information collected by MyElle related to the Affiliate’s registration for and participation in the Affiliate Program, and also applies to any information collected during the purchase process of any purchase by any customer(s) utilizing the Affiliate’s Affiliate Link. By participating in the Affiliate Program and/or earning any Qualified Sales utilizing the Affiliate Link, You acknowledge that You have reviewed the MyElle Privacy Policy and that You agree with and consent to be bound by the terms therein.



  1. Limitation of LiabilitIES. YOU, THE AFFILIATE, EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MYELLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUPPLIERS, SUBSIDIARIES, PARENTS, AND OTHER AFFILIATES, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ANY PRODUCTS PURCHASED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR THIS WEBSITE; OR (4) REGISTRATION AND/OR PARTICIPATION IN THE AFFILIATE PROGRAM. In no event will MyElle’s liability for any and all claims of any kind arising as a result of or related to these Terms and/or THE AFFILIATE’S OR ANY CUSTOMER OF ANY AFFILIATE’S usage of any MyElle product(s), and/or any obligations herein or to any act or omission related to these Terms, exceed the TOTAL value of the AFFILIATE REFERRAL FEES ACTUALLY PAID BY MYELLE TO THE AFFILIATE IN THE SIX (6) MONTHS PRECEDING THE occurrence OF THE ACTS, EVENTS, OR OMMISSIONS GIVING RISE TO ANY CLAIM MADE BY YOU, THE AFFILIATE.



  1. Indemnification. You, the Affiliate, agree to indemnify and hold harmless MyElle, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with Your use of any of the following: this Website, any MyElle products, the Affiliate Program, any information You submit or transmit through this Website for any purpose, Your breach of these Terms; and Your connection to this Website.



  1. Representations and Warranties. The Affiliate represents and warrants to MyElle that the Affiliate will conduct its business at all times in a manner that reflects favorably on the goodwill and reputation of MyElle and its suppliers, and that the Affiliate will not engage in any illegal or unethical business practices. The Affiliate further represents and warrants to MyElle that all representations and statements made by the Affiliate in these Terms, or in any other document relating hereto by the Affiliate or on the Affiliate’s behalf, are true, accurate, and complete in all material respects. The Affiliate hereby authorizes MyElle to investigate and confirm any information submitted by the Affiliate.


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. 



  1. Integration, Severability, Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.



  1. Assignment. Neither Party may assign any obligations or delegate any required performance under these Terms without the express consent of both parties executed in writing.



  1. Jurisdiction and Governing Law. These Terms will be construed under the laws of the State of California, regardless of conflict of law provisions. To the extent that those laws conflict with these Terms, these Terms will govern. The Parties irrevocably consent to exclusive jurisdiction and venue in San Diego County, California, for all disputes arising out of or relating to these Terms and/or the Affiliate Program, subject to the dispute resolutions provisions provided in the MyElle Terms of Website Use and Product Purchase.



  1. Force Majeure. MyElle shall not be responsible for delays resulting from failure by the Affiliate to respond in a timely manner with respect to decisions required to be made by the Affiliate under these Terms. In addition, MyElle shall not be responsible for delays caused by factors beyond the reasonable control of MyElle, including but not limited to, weather, strikes, or problems with governmental or zoning approval; provided, however, that in the case of problems with governmental approvals, MyElle agrees to notify the Affiliate as soon as it becomes apparent to MyElle that a particular project may present unusual or inordinate delays in obtaining any necessary government approvals.



  1. Relationship and Independent Contractor Status of Affiliate. The Parties are independent contractors and nothing in these Terms shall make them joint venturers, employees, agents, or other representatives of the other Party, and neither Party will make any representations which would state or suggest otherwise.



  1. Notice. All notices to the Affiliate under these Terms will be deemed given when delivered via email to the email address registered with the Affiliate’s Affiliate Account. All notices to MyElle will be deemed given when emailed to the appropriate contact email referenced in the provisions of these Terms, or when sent via certified mail to:


MyElle Wellness, Inc.

270 F N. El Camino Real #442

Encinitas, CA 92024


  1. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or such similar links as may be designated by MyElle, You accept the terms and conditions of these Terms. You further acknowledge that in doing so, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through this Website. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.



  1. Modifications to Terms. MyElle may make changes to these Terms from time to time in its sole discretion, by updating these Terms on this Website without notice to You. Your continued use of this Website following the posting of a new version of these Terms constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by MyElle on this Website. MyElle may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third-party at our discretion. No delay by MyElle in exercising any right or remedy under these Terms will operate as waiver of that right or remedy or will otherwise affect MyElle’s ability to subsequently exercise that right or remedy; any such waiver must be agreed to by MyElle in writing.

PRIVACY POLICY

MYELLE™ WELLNESS, INC. PRIVACY POLICY

This Privacy Policy (“Privacy Policy”), effective as of 26 May 2020 (“Effective Date”), explains how MyElle™ Wellness, Inc. (“MyElle™,” the “Company,” “us,” “we,” or “our”) collects and uses information when You and customers or potential customers interact with the Company. Any capitalized and undefined terms herein have the same meaning as defined in the Company’s Terms of Website Use and Product Purchase, located at www.MyEllebVibe.com/Terms; the Privacy Policy is located at www.myellevibe.com/PrivacyPolicy. This Privacy Policy applies to all users of the Company’s Website and any other websites with the Company’s branding that link to this Privacy Policy, including but not limited to: any other websites, mobile applications, or links which reference this Privacy Policy.

If You do not agree with the Company’s Privacy Policy as set forth below, please do not purchase a product from the Company and cease using this Website. By continuing to use this Website and/or purchasing a product from this Website, You consent to and agree to be bound by the terms of this Privacy Policy. Furthermore, Your continued use of this Website and purchase of any Company product is subject to the Company’s then-applicable Terms of Website Use and Product Purchase. Please contact the Company if You have any questions or comments about this Privacy Policy or the practices therein. You may contact us by sending a written request pursuant to the methods of providing notice to the Company as set forth in the section of this Privacy Policy entitled “Notice.”

Online Privacy Policy Only

This Privacy Policy applies only to information collected through the Website(s) referenced herein and does not apply to information collected offline in other interactions with the Company or its subsidiaries, affiliates, or partners.

Types of Personally Identifiable Information Collected

The Company will only collect personally identifiable information when You provide it in connection with a request for a product, service, or information. You may browse this Website without providing any personal information; however, if, for example, You decide to place an order, we will ask You for Your name, delivery and billing address, phone number(s), email address, credit card number and its expiration date. If You choose to use and submit information through this Website for any of the aforementioned purposes, we may ask You for information such as Your contact information (e.g., name, email address and mailing/address), age group, or birth date. Occasionally, we may also ask You for other information and information about Your prior experiences with the Company's products. When You submit Your personally identifiable information on this Website, You are giving Your consent to the collection, use, and disclosure of Your personal information as set forth in this Privacy Policy. Specifically, the following information may be collected from You:

  • First Name and Last Name

  • Business/Entity Name

  • Email Address

  • Phone Number page1image58229888

  • Shipping Address

  • Billing Address

This information constitutes Personal Information and is subject to this Privacy Policy. From time to time, the Company may also supplement Personal Information with information collected from third parties, including demographic information about Your interests and similar information that third parties have collected from other sources, for the purposes to validate the accuracy of Your information, to better understand You and provide You with targeted advertising, and to otherwise improve the delivery of products to You.

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 affiliated companies, such as subsidiaries and other companies owned or controlled by or under common ownership or control with the Company, affiliates, and partners, who may only use the Personal Information for the purposes described in this Privacy Policy;

    • 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;

    • With third parties that run advertising campaigns, contests, special offers, promotions, or other events or activities on the Company’s behalf in connection with any products or services.

    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

    We use various technologies to collect information when You access or use this Website, including placing a piece of code, commonly referred to as a “Cookie,” or similar technology on Your device and using web beacons. Cookies are small data files that are stored on Your hard drive or in Your device memory when You visit a website or view a message. We use these to monitor the performance of this Website, measure its effectiveness, tailor our products, and advertising to suit the personal interests of You and others, estimate our audience size, assist our online merchants to track visits to and sales at this Website and to process Your order, track Your status in our promotions, contests, and sweepstakes, and/or analyze Your visiting patterns. We will begin collecting information about You, or from activity on devices, You use as soon as You use this Website. By using this Website, You permit us to collect and use Your information from activity on devices You use in accordance with this Privacy Policy.

    Some Cookies last only for the duration of Your web or application session and expire when You close the browser or exit the application used to access this Website. Other Cookies are used to remember You when You return to use this Website and, as such, will last longer. The Company may use Cookies to:

    • 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.

    • Collect anonymous statistical information about how You use this Website (including the length of a Your web or application session) and the location from which a You access this Website, so that we can improve this Website and learn which elements and functions of this Website are most popular with customers and potential customers.
    • Some of the Cookies used in this Website are set by the Company, and others are set by third partieswho deliver services related to this Website on the Company’s behalf. Most web and mobile device browsers are set to automatically accept Cookies by default. However, You can change Your browser and/or device settings to prevent automatic acceptance of Cookies, or to notify You each time a Cookie is set. You may also learn more about Cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on Cookies and how to block Cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting Cookies used in this Website, You may not be able to take full advantage of the functionality and/or capabilities 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.

    Third parties may use Cookies, web beacons, and/or other storage technologies to collect or receive information from the websites and applications, You visit and use, and elsewhere on the internet, and use that information to provide targeted ads and other similar such services. You may be able to opt-out of receiving personalized advertisements from advertisers and/or advertising networks who are either members of the Network Advertising Initiative or subscribers to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavior Advertising. To learn more about Your choices for opting out of personalized advertising through websites and/or applications, please visit:

    Network Advertising Initiative (www.networkadvertising.org/choices)

    Digital Advertising Alliance (www.aboutads.info/choices)

    Digital Advertising Alliance (http://youradchoices.com/appchoices)

    Opting Out and Updates to Personal Information: To change or delete Your information provided, You may login to Your account and modify or remove any information that is contained in Your account. You may request to delete Your account by contacting us via the methods of providing notice to MyElle as set forth in the section of this Privacy Policy entitled “Notice”; We will remove Your account within a reasonable time period of receipt of such request. We may otherwise retain and use information in our records, as described in this Privacy Policy. You may also make requests regarding Your Personal Information, such as requests to access information or requests to update or correct inaccurate information, by sending a written request pursuant to the methods of providing notice to the Company as set forth in the section of this Privacy Policy entitled “Notice.”

    The Company does not rent, sell, or share Your Personal Information with other parties or non-affiliated companies for their direct marketing purposes without Your express consent. We provide You the opportunity to opt-out of receiving marketing communications from us and our agents, subsidiaries, affiliates, partners, successors, and assigns and give You the option to remove Your information from this Website, or to not receive future marketing communications. If You receive an unsolicited marketing communication from a Company address, please contact us by sending a written request pursuant to the methods of providing notice to the Company as set forth in the section of this Privacy Policy entitled “Notice.”

    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

    The Company may display advertisements or other content that is from and/or links to third party websites. The Company cannot control or be held responsible for the content and privacy practices of any third party or third party website, application, link, or other third party service. If You click on third party content or links, please be aware that You are leaving this Website, and any personal data that You provide to the third party will not be covered by this Privacy Policy.

    The Company encourages our vendors, providers, subsidiaries, affiliates, and partners to adopt and post privacy policies. However, the use of Your Personal Information by such parties is governed by the privacy policies of such parties and not subject to the Company’s control. When You choose to interact with any of the Company’s affiliates, subsidiaries, business partners, or other third-party entities, it is encouraged that You read any applicable privacy policy.

    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

    Pursuant to §1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of products marketed by those third parties. To request a copy of the information disclosure provided by the Company pursuant to §1798.83 of the California Civil Code, please contact us as provided in the Notice section of this Privacy Policy.

    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.

    Notice

    All notices to the Company under this Privacy Policy must be sent via certified mail to:

    MyElle™ Wellness, Inc. ATTN: Legal Department 270 F N. El Camino Real Encinitas, CA 92024

    All notices to You regarding this Privacy Policy will be sent via email to Your email address on file with the Company. The Company reserves the right to update this Privacy Policy from time to time and will email You when any changes in terms to the Privacy Policy have been made; continued usage of any Services related to this Privacy Policy shall constitute acceptance of any new terms and/or modifications to the Privacy Policy.