Affiliate Program Agreement
Peppi Gel LLC
Welcome to the PeppiGel x Partner program, below you will find the logistics and details of the Peppi Gel Affiliate Program.
If there are any questions at any point in time regarding this agreement and or the program itself, please direct questions to firstname.lastname@example.org
Terms and Definitions:
“Affiliate” means someone who has been sent this agreement and given a commissionable code in exchange for content creation, brand exposure, and free product.
“Agreement” means this Peppi Gel Affiliate Partner Agreement and all materials referred to or linked to in here.
“Commission” means the percentage stated by Peppi Gel when being offered a chance to join the Peppi Gel Affiliate Program that is earned with each completed order and usage of the affiliate code.
“Affiliate Code”: refers to each custom affiliate code that provides commission for the Affiliate.
“We”, “us”, “our” and “Peppi Gel” means Peppi Gel LLC.
“You”, “your” and “Affiliate” means the party other than Peppi Gel, entering into this Agreement and participating in the Affiliate Program.
This agreement does not create an exclusive relationship between the Affiliates or Peppi Gel. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
You may submit a completed program application to begin the enrollment process (“Application”.) Submission of your Application to the Peppi Gel Affiliate Program implies acceptance of the terms outlined in this Agreement. We will evaluate your Application and notify you of your acceptance. We may reject your Application if, in our sole discretion, we determine for any reason that your social media presence is unsuitable for the program.
Peppi Gel LLC. associates, family members or associates, and suppliers are not eligible to enroll in the program.
Unsuitable Social Media presences include, but are not limited to, those that:
- Promote sexually explicit material;
- Promote violence or hate toward any persons or groups;
- Promote illegal activities;
- Promote alcohol, tobacco, gambling/lottery in any way;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
Otherwise, violate the intellectual property rights of PeppiGel.com or its suppliers; Disparage PeppiGel.com, Peppi Gel x Partner Affiliates, or its suppliers; Does not meet our minimum qualifications of the program; Also, Peppi Gel may, at its discretion, decline to accept, require adherence to an additional set of terms and conditions, or require the posting of specific copy for any social media accounts that donates, directs or transfers any portion of their Commission or Affiliate benefits to any charitable website, education-related website, organization or program.
Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time. The terms of our acceptance criteria are subject to change at any time without prior notice.
The Federal Trade Commission requires anyone endorsing a brand or product in exchange for or as a result of receiving certain benefits to disclose receiving of the benefits. To disclose your benefits, you must clearly state #PeppiGelxPartner in any posts using a gifted product or promoting your code. Except for this disclosure, you will not make any public communication concerning this Agreement or your participation in the Associates Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. We hereby advise and request compliance with the FTC guidelines, at least as far as Peppi Gel products are concerned. We reserve the right to terminate our relationship with affiliates who do not comply.
POLICIES ON PROMOTIONAL METHODS:
Agreeing to this Agreement consents that all content created by affiliates using Peppi Gel products and mentioning their code is available and permissions for use by Peppi Gel without explicit permission and ensures these permissions remain intact even in the event that this Agreement is terminated by any party involved in this Agreement.
1. Content Creation - When gifted product before launch it is expected to create a manicure within a week of/or before launch. - Upon receiving these gifted products please create swatches to showcase and share online - If you are unable to meet these requirements for any launch at any time please email peppipros@PeppiGel.com with prior notice. - The affiliate must provide followers with clear and accurate information about products.
2. Other Behaviors:
- Always conduct yourself professionally as per this Agreement on any online social spaces
- Refrain from negatively speaking about other Affiliates, Peppi Gel Customers and or members of either Peppi Gel Facebook groups in any online public space.
- Any concerns that arise at any time that are specific to this Agreement, program or Affiliate expectations must be emailed to email@example.com - Understand that Peppi Gel does not expect Affiliates to interact, engage or communicate with other Affiliates. Peppi Gel views each Affiliate separately and does not expect Affiliates to engage outside of any Peppi Gel initiated context. In any Peppi Gel initiated context professionalism is expected at all times.
- Act accordingly with the understanding that we view each affiliate separately and there is no need for interaction, coordinating and or discussion when it comes to the content each affiliate creates for Peppi Gel.
- Understand that if we are looking for specific content we will be explicit when notifying that (1), the product was sent, or (2) asking for content to be created outside of a launch. If you have any questions about content creation please reach out to us.
- Understand that Peppi Gel x Partner is a separate entity than other Peppi Gel affiliated programs such as sponsored content, giveaways, Peppi Gel Customer Community Group Moderators and other collaborations.
AFFILIATE RIGHTS AND OBLIGATIONS:
- Affiliates have the right to be paid commission for any qualifying orders with usage of their code.
- All Affiliates have access to their affiliate information via the link and log-in that was sent to them upon application approval and onboarding.
- Affiliates must comply with Peppi Gel’s affiliate program agreement and any other applicable laws and regulations (Copyright, intellectual property, etc.).
MERCHANT RIGHTS AND OBLIGATIONS:
As a merchant, it is Peppi Gel’s right to:
- Monitor how our affiliates promote our products
- Modify our program agreement when and as we consider it appropriate
- Take measures against affiliates who do not comply with the agreement without warning
RELATIONSHIP OF PARTIES:
Peppi Gel Affiliates are independent contractors and prohibited from mentioning or implying other types of relationship, be it a joint venture, partnership, representation, franchise employment, etc.
XI. Warranties and Representations
This affiliate program Agreement stipulates that it is coming into effect means that you, as an affiliate represent and warrant to us that: You have reviewed, understood, and accepted the agreement as binding You accept the Agreement and participation in the affiliate program does not violate any laws, rules, regulations, court orders, decrees, by-laws or incorporation certificates, agreements or instruments applicable to them or binding upon their properties or assets. There are no threatened, pending, or ongoing claims or actions (or reasons for such claims or actions) against you. You do not depend on third-party consent, authorization or approval to enter the agreement. The content on your social platforms do not and will not violate the agreement. You are of legal age to enter the agreement. The customers you refer are unique, genuine, valid, and in compliance with our qualified action criteria.
- Peppi Gel will pay affiliates through PayPal, though the payment method is subject to change upon Peppi Gel’s discretion.
- Payment will be paid for any eligible commission weekly, after 30 of the commissionable sale. If there are changes to the payment policy, Peppi Gel will notify affiliates through email.
TERMS of the affiliate program Agreement:
- The agreement becomes effective immediately upon the signature of the affiliate on this document.
- As the merchant, we are the only party who has the right to make modifications to it and we reserve the right to do so at any time for any reason.
- Both parties may terminate the agreement at any time, without warning periods or prior notifications.
We make no express or implied warranties or representations concerning the Affiliate Program or any products sold through the Affiliate Program. Also, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Peppi Gel’s affiliate program will not be held liable for any damages or losses of data, profits or revenue related to the agreement or the affiliate program.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR SITE OR ANY MATERIALS THAT APPEAR ON YOUR SITE, INCLUDING THE COMBINATION OF YOUR SITE OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR SITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR SITE, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), OR (E) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT. WE OR OUR NOMINEE MAY TAKE LEGAL ACTION AND PERFORM ANY PROCEDURAL ACT ON BEHALF OF ANY AMAZON PARTY, INCLUDING THROUGH SPECIAL MANDATE, TO EXERCISE OR DEFEND A LEGAL CLAIM OR FOR THE PROTECTION OF RIGHTS, INCLUDING to enforce THIS SECTION. XVII.
- Under no circumstances are the details of this Agreement to be discussed publicly.
- This includes sensitive data regarding our business, our customers, and any affiliates, associates, and collaborators. We are requesting that any information you exchange with your affiliates, including the content of your agreement, only be used within the scope of the agreement.
- The only exceptions allowed are instances where such information is requested by the authorities, already disclosed, necessary for accounting or other legal purposes, or subject to lawfully obtained disclosure rights.