Qualified Transaction & Compensation Details
Last Modified: 5/24/2018
Dame Body Action Tracker
You earn 10%* of Net Sales Amount. Please note that commission will be denied for personal transactions made through your referral link.
Click Referral Period:
Referrals are only considered for credit if they occur within 30 days of the action
All actions happening in a given month are locked 15 days after the end of the month
Transactions approved in a given month are paid 0 months and 15 days after the end of the month. Only transactions made on or before the last day of the previous month at 11:59PM PST will be paid within the stated time frame of the next month.
Payout applies to the initial transaction only of return customers
Media Partner Tracking Pixel:
Advertiser allows media partner to fire their tracking pixel when the consumer action is completed.
*Media Partner commission rates are negotiated.
Minimum media partner rating for making proposal:
The advertiser allows new media partners with any star rating to send them insertion order proposals
Best Public Insertion Order:
The advertiser represents and warrants that this is NOT the best publicly available insertion order of this product type provided by advertiser.
Exclusive Insertion Order:
The advertiser represents and warrants that this is NOT an exclusive insertion order offered on the platform.
Financial transactions covered by this insertion order will be processed in the USD currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings.
Change Notification Period:
The insertion order can be changed or cancelled with 1 days notification to the media partner.
Reversal of performance advertising actions are decided by the Advertiser governed by a max reversal percentage of 100%
Paid Search Terms:
Bidding on trademarked Dame Body terms or any variations thereof is strictly prohibited. Media Partners may not bid on any brand name + keywords, including Dame Body promo code, Dame Body, Dame Body Deals, or any other variations or combinations.
Search Engine Optimization:
Terms Affiliates may not include Dame Body or any variation thereof in their primary URL.
Bidding on trademarked Dame Body terms or any variations thereof is strictly prohibited. Media Partners may not bid on any brand name + keywords, including Dame Body promo code, Dame Body Coupon, Dame Body Deals, or any other variations or combinations.
This is the Agreement that will govern your participation in an Engagement through Refersion with US (Dame Body Skincare Brand). Please read this Agreement By applying to our program and being accepted, you hereby agree to these terms.
This Publisher Agreement (this "Agreement") is made between you ("You") and us ("We" or "Us"). Neither Refersion nor any of its corporate affiliates are parties to this Agreement.
Both parties desire to establish the general terms and conditions, which shall govern advertising and commission arrangements between You and Us resulting from our participation in Refersion.
TERMS AND CONDITIONS
In consideration of the promises set forth below, each party agrees as follows:
1. Campaigns and Engagements.
1.1. From time to time, We may post on Refersion campaigns (each, a "Campaign") to pay to other participants a specified commission in return for certain advertising services leading to a Qualifying Link (defined below).
1.2. If You accept one of our Campaigns, we will have entered into an "Engagement." Each Engagement shall have the same identification number as the original Campaign that led to the Engagement and shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency between the terms of the specific Engagement and the terms of this Agreement, the terms of the Engagement shall govern.
1.3. At any time prior to You displaying a Qualifying Link on one of Your websites, Advertiser may, with or without notice (a) change, suspend or discontinue any aspect of a Campaign or an Engagement or (b) remove, alter, or modify any graphic or banner ad that we have submitted for a Campaign or an Engagement. You agree to promptly implement any request from Us to remove, alter or modify any such graphic or banner ad.
2. Your Responsibilities.
2.1. You hereby agree to comply with all applicable laws.
2.2 You hereby agree that the position, prominence and nature of links on the Your site shall comply with any requirements specified in the Engagement, but otherwise will be in Your discretion.
2.3. You agree not to make any representations, warranties or other statements concerning Us, Our site, any of Our products or services, or Our site policies, except as expressly authorized by the Engagement.
2.4. You are responsible for notifying Us and Refersion of any malfunctioning of the URLs specified in the Engagement (the "Required URLs") or other problems with Your participation in the Engagement. We will respond promptly to all concerns upon receipt of Your notification.
3.1. We agree to pay to You the commission specified in the Engagement if We sell to a visitor to Our site (a "Customer") a product or service that is the subject of the Engagement and if that Customer has accessed Our site and purchased the product or service via a Qualifying Link.
3.2. A "Qualifying Link" is a link from Your site to Our site using one of the Required URLs or any other URL provided by Us for use in Refersion if it is the last link to Our site that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with Our site via a link from Your site and terminating when the Customer either returns to Our site via a link from a site other than Your site or the Engagement expires or is terminated.
3.3. We shall have the sole right and responsibility for processing all orders made by Customers. You acknowledge that all agreements relating to sales to Customers shall be between the Customer and Us.
3.4. All determinations of Qualifying Links and whether a commission is payable will be made by Refersion and will be final and binding on both You and Us. Prices for the products will be set solely Us in Our discretion.
4. Ownership and Licenses.
4.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
4.2. We grant to You a revocable, non-exclusive, worldwide license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology, as designated in the Engagement or during the registration process in Refersion, on Your site solely for the purpose of creating links from Your site(s) to Our site(s) during Engagements. Except as expressly set forth in this Agreement or permitted by applicable law, You may not copy, distribute, modify, reverse engineer, or create derivative works from the same. You may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.
4.3. You grant to Us a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by You solely for co-branding purposes or as a return link from Our site(s) to Your site(s). We will remove such graphic or banner ad upon Your request.
5.1. Either party may terminate any Engagement at any time by deleting their acceptance of the Engagement through Refersion. Termination of an Engagement shall not terminate this Agreement or any other Engagement.
5.2. Either party may terminate this Agreement at any time, for any reason. Termination of this Agreement shall also terminate any outstanding Engagements. However, all rights to payment, causes of action and any provisions which by their terms are intended to survive termination, shall survive termination of this Agreement.
6.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.1. Each party hereby agrees to indemnify, defend and hold harmless the other party and its publishers, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.
8. Refersion Required Provisions.
8.1. Each party jointly and severally agrees to indemnify, defend, and hold harmless Refersion and its publishers, officers, directors, employees and agents (collectively, "Refersion") from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any Campaign, Engagement, any other matter related to this Agreement or the subject matter hereof any dispute relating thereto.
8.2. The parties agree that Refersion may rely on any data, notice, instruction or request furnished to Refersion by either party which is reasonably believed by Refersion to be genuine and to have been sent or presented by a person reasonably believed by Refersion to be authorized to act on behalf of one of the parties. In the event of any dispute between the parties, the parties agree that to the extent the parties contact and involve Refersion, Refersion may consult with and use counsel of its own choice in connection with such dispute and the reasonable fees and disbursements of Refersion's counsel shall be within the costs and disbursements covered by the indemnity specified in Section 8.1 above.
8.3. The parties acknowledge and agree that this Agreement and the Engagements are only made possible due to Refersion and that the parties shall not, for the duration of this Agreement and for twenty-four (24) months thereafter, enter into any advertising, collaborations or other commercial arrangements with each other in connection with their sites on the World Wide Web except via Refersion.
8.4. The parties acknowledge and agree that the nature of the Product is such that in its normal operation it may access and download elements of software data from resources, which are external to the computer or device running the Product, such as Product enabled servers. The parties acknowledge that Refersion has not undertaken to provide such external resources or servers and specifically disclaims any representation or warranty as the availability, quality or performance of such resources or whether they may contain any defects which may affect the performance of the Product or either party’s computer. Refersion shall not be responsible for provision of any communications facilities or the costs associated with such communications.
8.5. The parties agree that Refersion is an intended third party beneficiary of this Agreement.
9. Limitation of Liability.
9.1. In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
9.2. The parties agree that Refersion and its publishers, officers, directors, employees and agents shall not be liable to either party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
10.1. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
10.2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of California. Any action to enforce this Agreement shall be brought in the federal or state courts located in that state. If you need to send official correspondence, send it via registered mail to Our headquarters to the attention of Our legal department.
10.3. By accepting any Campaign through Refersion, You agree that Dame Body will be deemed to have executed, and will be bound by, this Agreement.
10.4. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Search Campaigns - Protected SEM Bidding Keywords
11.1. Publishers may not bid any variation of the Dame Body Butters and Scrubs trademark including, but not limited to Dame Body skincare, Dame Body, DameBody.com, Dame Body coupons, Dame Body skincare coupons, and misspellings such as dame bodi, dame body butter and scrub, dame butters and, etc. We require You to add Dame Body cosmetics to your Negative Keyword list in all search campaigns.
11.2. Publishers cannot not use the following display URL or any display url beginning with: www.Dame Body.com, as they are to be used by the advertiser only.
11.3. Publishers are not allowed to link directly to DameBody.com from search marketing campaigns.
11.4. Publishers should never state or imply that they are the Official Site.
11.5. Publishers may only use coupons and promotional codes that are provided exclusively through the affiliate program. If a code has not been provided to You through the affiliate program, the order may not qualify for compensation.
You agree that you will not engage in any of the following:
(1) You will not use any link that sends Users indirectly to the Dame Body Site via an intermediate site or webpage and without requiring the User to click on a link or take some other affirmative action on that intermediate site or webpage.
(2) You will not mislead or misrepresent to Users as to the origin, affiliation or nature of your Site(s), products or services.
(3) You will not use any Dame Body terms in meta-tags on any website that you own or operate. You will not use, register, license or control any domain name containing any Dame Body term or any misspellings or variants of, or substantially similar names or marks to, Dame Body.
(4) You will not take any action to register or otherwise interfere with our interests in our Marks.
(5) You will not attempt to artificially increase your Marketing Fees in any way (e.g., by causing any page of the Dame Body Site to open in a browser other than as a result of the User clicking on your Site or by artificially generating clicks, impressions, or purchases, whether by way of a robot or software program or other method designed to emulate a click by a real person).
(6) You will not violate the restrictions in any robot exclusion headers on the Our site, or bypass, circumvent, or avoid any measure employed to prevent or limit access to such website.
(7) You will not take any action that Dame Body deems to impose or likely to impose an unreasonable or disproportionately large load on the technology or infrastructure of any web sites operated by Dame Body (e.g., using scraping/caching or crawler type requests on Dame Body servers) .
(8) You will not knowingly collect, use, or disclose personal information from children who are under thirteen (13) years old.
(9) You will not request, obtain, store, cache, or otherwise use any account information used by our customers in connection with Dame Body (including any usernames or passwords of Dame Body customers).