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WAV Ambassador Program Terms and Conditions

AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN You AND WAV SKINCARE LLC, INC.

 

BY SUBMITTING THE ONLINE APPLICATION TO THE WAV BEAUTY BEAUTY AMBASSADOR PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT PARTICIPATE IN WAV BEAUTY AMBASSADOR PROGRAM.

WEBSITES, SOCIAL NETWORK CHANNELS, FEEDS, AND EMAIL CAMPAIGNS WHICH CONTAIN ANY OF THE FOLLOWING CONTENT ARE NOT ALLOWED TO PARTICIPATE IN THE WAV BEAUTY AMBASSADOR PROGRAM: ADULT CONTENT, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, INCLUDING BUT NOT LIMITED TO WAREZ, CRACKING, AND HACKING SITES.

1. Overview
This Agreement (the “Agreement”) is made by and between WAV Skincare, a California, USA, LLC. Throughout this agreement, “we”, “us” and “our”” refer to WAV Skincare LLC and wavskincare.com. “You”, “Your”, and “Yours” refer to You, as an Affiliate participating in the WAV Beauty Ambassador Program and “Site” or “Your Site” to refer to your websites, as well as your social media accounts/groups/channels/feeds or non-spam emails.
The purpose of this Agreement is to allow HTML Linking between Your Site and the wavskincare.com website. You place our banners and Links, anywhere on Your Site.
You cannot SPAM. We will terminate Your account on the first offense of SPAMMING. Do not send email to lists or groups that You do not have permission to send to. We WILL terminate Your account on the first offense.

2. Affiliate Obligations
2.1. To begin the enrollment process, You will complete and submit the online application at the wavskincare.com website. To sign up as an Affiliate for WAV Skincare, You must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be Your social security number for individuals, or a federal tax-id for corporations or entities.
2.2 We may email You concerning new affiliate programs.
2.3 We might change the service here and there.
2.4 You place our banners, or Links, anywhere on Your site, and/or social media accounts, or within non-spam emails, as You see fit.
2.5 We may cancel Your application if we determine that Your Site is unsuitable for our Program, including if it:
2.5.1. Promotes sexually explicit materials.
2.5.2. Promotes violence.
2.5.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.5.4. Promotes illegal activities.
2.5.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.5.6. Includes “WAV” or “WAVE” or variations or misspellings thereof in its domain name.
2.5.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.5.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.5.9. You may not create or design Your website or any other website that You operate, explicitly or implied in a manner which resembles our website nor design Your website in a manner which leads customers to believe You are wavskincare.com or any other affiliated business.
2.6 As an affiliate, You can only have 1 account. You can list multiple Sites in one account, but only one account is allowed. Self-referrals for affiliate or WAV Skincare accounts are strictly prohibited.
2.7. As a member of  the WAV Beauty Ambassador Program, You will have access to your Affiliate Account Page. Here You will have access to your affiliate links, current program campaigns, banner creatives (including HTML code for copying). You can also review data about your links activities: traffic log, statistics of overall visits, conversions, your personal earnings and payments.
In order for us to accurately keep track of all guest visits from Your site to ours, You must use the HTML code that we provide for each banner, text Link, or other affiliate Link we provide You with.
2.8. WAV Skincare reserves the right, at any time, to review Your placement and approve the use of Your Links and require that You change the placement or use to comply with the guidelines provided to You herein.
2.9. The maintenance and the updating of Your Site will be Your responsibility. We may monitor Your Site, as we feel necessary to make sure that it is up-to-date and to notify You of any changes that we feel could enhance Your performance.
2.10 It is entirely Your responsibility to follow all applicable intellectual property and other laws that pertain to Your Site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and You will be solely responsible) if You use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
Failure to abide by these rules could mean termination from the WAV Beauty Ambassador Program, or from WAV Skincare completely with a complete forfeit of commissions.

3. WAV Skincare Rights and Obligations
3.1. We have the right to monitor Your Site at any time to determine if You are following the terms and conditions of this Agreement. We may notify You of any changes to Your Site that we feel should be made, or to make sure that Your Links to our web site are appropriate and to notify further You of any changes that we feel should be made. If You do not make the changes to Your Site that we feel are necessary, we reserve the right to terminate Your participation in the WAV Beauty Ambassador Program.
3.2. WAV Skincare reserves the right to terminate this Agreement and Your participation in the WAV Beauty Ambassador Program immediately and without notice to You should You commit fraud in Your use of the WAV Beauty Ambassador Program or should You abuse this program in any way. If such fraud or abuse is detected, WAV Skincare shall not be liable to You for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of Your WAV Beauty Ambassador Program application, and will continue unless terminated hereunder.

4. Termination

Either You or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by You. Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars – and is closed. At no time will an affiliate ever owe money to WAV Skincare LLC., based on fees – the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.

 

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, You will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and WAV Beauty Ambassador Program rules. If any modification is unacceptable to You, Your only option is to end this Agreement. Your continued participation in WAV Beauty Ambassador Program following the posting of the change notice or new Agreement on our site will indicate Your agreement to the changes.

6. Payment

All statistics are collected and calculated by WAV Skincare, and will be the only valid stats used for determining commissions. WAV Skincare uses a third party plugin to handle all of the tracking and payment. The third party plugin is the Ultimate Affiliate Pro WordPress Plugin. You can find details about this plugin here. https://affiliate.wpindeed.com/ You will receive a Commission for sending Wav Skincare authorized sales, via Your Links. In order to place Links, You must first be approved by WAV Skincare to become a WAV Beauty Ambassador. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from WAV Skincare. Each payment which is approved by WAV Skincare will be transferred monthly on 20th of the month when Your account balance reaches $15 or more for the previous months’ transactions. Money credited to Your account does not accrue interest. In the event of a VOID by a WAV Skincare, WAV Skincare may recover from You the corresponding commission previously credited to Your account. The VOID commission will be immediately deducted from Your account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to WAV Skincare.

Your physical address listed for receiving checks MUST be Your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if You choose USA as Your country, You must be in the USA. If You choose Germany as a country, You must be in Germany.

 

7. Access to Affiliate Account Interface

You will create a password so that You may enter WAV Skincare’s secure affiliate account interface. From there, You will be able to receive Your reports on link tracking and earnings.

8. Promotion Restrictions

8.1. You are free to promote Your own Sites, but naturally any promotion that mentions WAV Skincare could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by WAV Skincare. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, You may not advertise in any way that effectively conceals or misrepresents Your identity, Your domain name, or Your return email address. You may use mailings to customers to promote WAV Skincare so long as the recipient is already a customer or subscriber of Your services or Your Site, and recipients have the option to remove themselves from future mailings. Also, You may post to newsgroups to promote WAV Skincare so long as the news group specifically welcomes commercial messages. At all times, You must clearly represent Yourself and Your Sites, as independent from WAV Skincare. If it comes to our attention that You are spamming, we will consider that cause for immediate termination of this Agreement and Your participation in the WAV Skincare Affiliate Program. Any pending balances owed to You will not be paid if Your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as WAV Skincare, WAVE Skincare, www.WAVE Skincare, www.WAVE Skincare, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from WAV Skincare’s Affiliate Program. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in WAV Skincare’s service).

8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying Link until such time as the consumer has fully exited WAV Skincare’s site (i.e., no page from our site or any WAV Skincare’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying Link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of WAV Skincare site in IFrames, hidden Links and automatic pop ups that open WAV Skincare’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

8.5 Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

8.6 You cannot refer Yourself as a WAV Skincare with WAV Skincare and receive commission. Sorry.

9. Grant of Licenses

9.1. We grant to You a non-exclusive, non-transferable, revocable right to (i) access our site through HTML Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such Links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to You or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that You are a member in good standing of WAV Skincare’s Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of WAV Skincare and the good will associated therewith will inure to the sole benefit of WAV Skincare.

9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

 

10. Disclaimer

WAV SKINCARE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WAV SKINCARE SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF WAV SKINCARE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, 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.

11. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by You and constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform Your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

 

12. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL WAV SKINCARE’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

 

13. Indemnification

You hereby agree to indemnify and hold harmless WAV Skincare, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, or (iii) any claim related to Your site, including, without limitation, content therein not attributable to us.

14. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

 

15. Miscellaneous

15.1. You agree that You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and WAV Skincare. 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 Sites, or otherwise, that reasonably would contradict anything in this Section.

15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and You, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

16. Accepted Use

You represent to WAV Skincare that all content You provide to the WAV Skincare is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of WAV Skincare any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As WAV Skincare may not review all information provided by You, You shall remain solely responsible for Your content and Site. As an Affiliate, You may not artificially inflate traffic counts to WAV Skincare site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or Links or submit multiple leads to Your WAV Skincare partners.

 

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related WAV Skincare for that Link.

 

WAV SKINCARE RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF WAV SKINCARE. If You are terminated from the Service, WAV Skincare has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join WAV Skincare.

 

17. Definitions

“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, or other acceptable measurable action as determined by WAV Skincare.

 

“Visitor” means any person, or user, that clicks on a Link to a WAV Skincare Web site placed on an Affiliate’s Web site or social media account.

 

“Payout” means the amount of sale commission a WAV Skincare agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.

 

“Link” means a hyperlink placed on an Affiliate’s site, blog, social network channel, or email newsletter, that, when clicked on, sends a Visitor through to wavskincare.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to WAV Skincare.

 

“VOID” means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by the WAV Skincare. WAV Skincare may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

 

“Your Account” means a specific account registered with WAV Beauty Ambassador Program.

18. Data Protection

You, the affiliate, warrants, represents and covenants to WAV Skincare that You will comply with all applicable privacy and data protection laws, and rules and regulations applicable to WAV Skincare’s Affiliate Program. You shall establish and maintain physical, electronic and procedural safeguards, including the use of keycards, codes, intrusion detection systems, user names, passwords and encryption software, to prevent the unauthorized access, use, copying, disclosure, modification, transference, destruction, loss, or alteration of any personal identifying information (“PII”), including a person’s name, address, telephone number, email address, age, social security number, credit card or debit card number, IP address or any other information that is personal or is likely to enable identification of a specific individual, during Your use, transmission or storage of any such PII. Where applicable law requires consent for the cookies served by WAV Skincare, You warrant that You will obtain the prior, freely given, specific and informed consent of any Visitors to any cookies served (or other similar technology used) by WAV SKincare on the Visitor as a result of a click.

 

19. Jurisdictional Issues

This Agreement shall be governed by California, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of California, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.