By signing up to be an Affiliate in the Holistic Hair Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Holistic Hair reserves the right to update and change the Terms of Service from time to time without notice. Any new features that replace, augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
You must be 18 years or older to be part of this Program.
You must live in a country that qualifies for this affiliate program. This list could change from time to time but is currently worldwide. We will advise you if your country is excluded.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You must agree to join our subscribers e-news list.
Your login may only be used by you – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Holistic Hair cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account.
One person or legal entity may not maintain more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the Affiliate Program to earn money on any other beauty products other than Holistic Hair products.
LINKS/GRAPHICS ON YOUR SITE, IN YOUR EMAILS, OR OTHER COMMUNICATIONS
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Holistic Hair. We may change the design of the artwork at any time without notice. To permit accurate tracking, reporting, and commission accrual, we will provide you with special link formats to be used in all links between your site and Holistic Hair. You must ensure that each of the links between your site and Holistic Hair properly utilises such special link formats. Links to Holistic Hair placed on your site pursuant to this Agreement and which properly utilise such special link formats are referred to as “Links or Tracking Links.” You will earn commission fees only with respect to sales on a Holistic Hair product occurring directly through Codes, Links or Tracking Links; we will not be liable to you with respect to any failure by you or someone you refer to use Tracking Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate codes or links should point to the page of the product being promoted.
COMMISSIONS AND PAYMENT
For a product sale to be eligible to earn a commission fee, the customer must click-through a Tracking Link or the Unique Code provided to you by Holistic Hair from your site, email, or other communications to https://www.holistichair.co.nz and complete an order for a product during that session. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted Tracking Links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once you’ve signed up and a product is sold and identified as coming from your Unique Code or tracking Link. If the product is later returned or refunded, we reserve the right to not pay the commission
IDENTIFYING YOURSELF AS A HOLISTIC HAIR AFFILIATE
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between Holistic Hair and you, you cannot say you are developing our products, that you are part of the Holistic Hair business or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause ).
You may not purchase products using your affiliate link or code for your own use or to on-sell.
Such purchases may result (in our sole discretion) in the withholding of commission fees and/or the termination of this Agreement.
We will pay you within 30 days of the sale of a product unless there is a dispute on the transaction or sale.
All payments to affiliates are made before tax deductions and any tax liabilities arising from the payment to the affiliate is the responsibility of the affiliate. Holistic Hair accepts no tax liability for payments made to affiliates.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site or social media, you should not display product prices. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
COMPLIANCE WITH LAWS
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority for any country you market to and within, that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email across the world.
TERM OF THE AGREEMENT AND PROGRAM
The term of this Agreement will begin upon our acceptance of your Program registration and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by simply by removing you from the Program or you ceasing to participate. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.holistichair.co.nz, and all of our trademarks, logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Holistic Hair reserves the right to end the Program at any time. Upon program termination, Holistic Hair will pay any outstanding commissions that have qualified within the previous month of the termination date.
Holistic Hair, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Holistic Hair service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Holistic Hair reserves the right to refuse service to anyone for any reason at any time.
RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section or negatively affect our reputation.
LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the final commission payable to you under this Agreement that we confirm and agree to pay.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Holistic Hair business will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of New Zealand. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of Holistic Hair to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Holistic Hair and govern your use of the Service, superseding any prior agreements between you and Holistic Hair (including, but not limited to, any prior versions of the Terms of Service).