Affiliate Terms & Conditions
This Affiliate Program Operating Agreement (this “Agreement”) is made by and between DermOne Health and Wellness, LLC, a Delaware corporation (“DermOne”), and you, the party submitting an application to become a DermOne affiliate (“Affiliate” or “You”). DermOne and Affiliate are collectively referred to herein as the “Parties,” and each individually as a “Party.” The terms and conditions contained in this Agreement apply to your participation in DermOne’s affiliate program (“Affiliate Program”). Each Affiliate Program offer (an “Offer”) may be for any offering by DermOne or a third party (each such third party a “Client”). By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
1. Enrollment in the Affiliate Program.You must submit an Affiliate Program application to DermOne as directed. You must accurately complete the application to become a DermOne affiliate (and provide us with future updates as requested), and not use any aliases or other means to mask your true identity or contact information. After review of your application, DermOne will notify you of your acceptance or rejection to the Affiliate Program within a reasonable amount of time. DermOne may accept or reject your application in our sole discretion for any reason.
2. Obligations of the Parties.Subject to DermOne’s acceptance of You as an Affiliate and Your continued compliance with the terms and conditions of this Agreement, You and DermOne agree as follows: 1.
- 1. DermOne will make available to You any necessary codes and/or links (collectively, the ” Link”) which You must display on digital media platforms (including, but not limited to any platforms requested by DermOne) owned or controlled by you, or in emails sent by you and clearly identified as coming from you and in online advertisements, if applicable (collectively, “Media”). The Links will serve to identify you as a member of the DermOne Affiliate Program.
- 2. DermOne will pay you at an amount determined by DermOne for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who: (i) uses your unique, assigned Link; (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person; (iii) is not using pre-populated fields; (iv) is not later determined by DermOne to be fraudulent, incomplete, unqualified or a duplicate; and (vi) is successfully tracked and recorded by our tracking program.
- 3. DermOne will pay you any Commissions earned by You provided that: (i) you complete and return all requested forms and documents, including any requested W9/W8 forms; (ii) You follow all instructions and posting guidelines as provided by DermOne.
- 4. Payment for Commissions may be dependent upon Clients providing such funds to DermOne, and therefore, you agree that DermOne shall only be liable to you for Commissions to the extent that DermOne has received such funds from the Clients. You hereby release DermOne from any claim for Commissions if DermOne has not received such funds from the Clients.
- 5. DermOne shall automatically generate a statement on Your behalf for all Commissions payable under this Agreement and shall remit payment to You based upon that statement. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by DermOne in its sole discretion. In the event that You dispute in good faith any portion of a statement, you must submit that dispute to DermOne in writing and in sufficient detail within thirty (30) days of the date on the statement. If You do not dispute the statement as set forth herein, then You agree that You irrevocably waive any claims arising from or based upon that statement. In the event that You are also tracking Qualified Actions and You claim any discrepancies with Your statement, You must provide DermOne with Your reports and/or records and a written explanation of such reports and/or records within three (3) days after receipt of statement for DermOne’s review. If Your reports and/or records vary by more than 10% with DermOne’s records and if DermOne reasonably determines that You have used generally accepted industry methods to track Qualified Actions, then DermOne and You agree to make a good faith effort to arrive at a reconciliation. If the Parties are unable to arrive at a reconciliation, then DermOne’s numbers shall govern.
- 6. If You have an outstanding balance due to DermOne under this Agreement or any other agreement between You and DermOne, whether or not related to the Affiliate Program, You agree that DermOne may offset any such amounts due to DermOne from amounts payable to You under this Agreement.
- 1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
- 2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program: (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability, age, or sexual orientation), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that DermOne informs You that it considers objectionable (collectively, “Objectionable Content”).
- 3. Not make any representations, warranties or other statements concerning DermOne or any Client or any of their respective products or services, except as expressly authorized herein.
- 4. Make sure that your Media does not create the impression that your Media is endorsed by DermOne or Clients unless expressly agreed to by DermOne.
- 5. Comply with all (i) obligations, requirements, guidelines, and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Link.
- 6. Comply with the terms, conditions, guidelines and policies of any third-party services used by You in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
- 7. Always prominently post and make available to end-users any terms and conditions in connection with any offer set forth by DermOne or Client, or as required by applicable laws regarding such Offers.
- 8. Make sure to not place DermOne ads on any online auction platform (i.e. eBay, Amazon, etc.).