This general agreement is made out to you (the affiliate) from La Vie de la Rose Flower Essences. It contains the complete terms and agreements of the Affiliate Program.
Please Note: “we”, “us”, and “our” refers to La Vie de la Rose Flower Essences and “you”, “yours”, “your” refers to the applicant. The term of this agreement will begin once you are accepted into the La Vie de la Rose Flower Essences affiliate program and will end upon notice of termination from either you or La Vie de la Rose Flower Essences.
Rights and Restrictions
1. We reserve the right to accept or reject any affiliate we review. All new affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an affiliate we will notify you by e-mail within this 24-48 hour time frame.
1.1 All affiliates are required to be of legal age to enter into a contractual agreement. By making an application, you are representing that you are of legal age and are fully competent to become an affiliate.
1.2 As part of this agreement, all affiliates who are accruing active commissions must do so through a visible La Vie de la Rose Flower Essences banner, link or other forwarding method on a publicly viewable website, newsletter, blog, etc.
2. La Vie de la Rose Flower Essences may cancel the affiliate account at any time for any reason we feel appropriate. This can include, without limitation, slander, misrepresentations made to us, spam email used to promote the affiliate, posting La Vie de la Rose Flower Essences links on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring La Vie de la Rose Flower Essences disrepute, etc. A warning letter in the form of e-mail, fax or letter may be sent to the affiliate first, but you have no right to a warning prior to termination.
2.1 All affiliates may cancel their account with La Vie de la Rose Flower Essences at any time and for any reason.
2.2 Affiliate accounts are non-transferable. The affiliate account will belong to the original registered owner until such time as the account is canceled by either party.
Access to Account Management Services
3. Immediately after your acceptance into the La Vie de la Rose Flower Essences affiliate program you will be emailed links, passwords and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters.
Approval and Use of Graphics and Links, Customer and Commission Information, Limitations of Use, and Cookie Periods
4. Only html code and approved linking information is to be used for the affiliates website. Failure to do so will result in misappropriated commissions.
4.1 Once a viewer clicks on an affiliate link and places an order with La Vie de la Rose Flower Essences that viewer becomes the sole customer of La Vie de la Rose Flower Essences. The affiliate will not have access to the customer’s account information or contact information, and will not be allowed to communicate with any customer in regards to their order/s placed with La Vie de la Rose Flower Essences. La Vie de la Rose Flower Essences is responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer.
4.2 La Vie de la Rose Flower Essences may at any time refuse any particular link, text or referring graphic used to forward a viewer to the La Vie de la Rose Flower Essences website. Only prior approved links, banners, graphics and text may be used. You must have your links, banners, graphics and text approved by us in advance of their use by you.
4.3 The use of La Vie de la Rose Flower Essences affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, email server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, on La Vie de la Rose Flower Essences social networking sites, etc. La Vie de la Rose Flower Essences holds sole discretion on what is termed as “inappropriate use” and may at any time close an account if we are given information on inappropriate use.
4.4 The cookie period for the La Vie de la Rose Flower Essences affiliate program is exactly 90 days. After this 90-day period the viewer must come back to the affiliate’s website and proceed to click a link for a commission to be earned.
4.5 La Vie de la Rose Flower Essences reserves the full right and authority to determine to what affiliate/s a commission is to be paid where the customer has within a 90 period linked to La Vie de la Rose Flower Essences from more than one affiliate. On no order will there be paid more than one 10% commission.
4.6 Commissions will not be reported or recorded by viewers who have set their cookie protection settings to a high standard. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the affiliate may earn.
4.7 La Vie de la Rose Flower Essences is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
4.8 Affiliates are solely responsible for the development, operation, maintenance and technical operation of their sites including all materials that appear on their sites and related equipment.
5. We welcome affiliates from the international community. Payouts to international affiliates from La Vie de la Rose Flower Essences will be made by PayPal in US funds or with a Visa corporate card. There are no exceptions. If you are unable to accept PayPal payment in US funds or if you are unable to receive payments with a Visa corporate credit card then we will be unable to pay you the commission earned and your account will be terminated.
6. Monthly payout to the affiliate will accrue in their account until a minimum of $50.00 has been met. We will not make payments or reimbursements to affiliates for amounts under $50.00. All commission payouts for the prior month will be made on the 28th of the subsequent month.
6.1 The commission to the affiliates will be 10% of the subtotal for each order. You will not receive a commission on any taxes or shipping charges.
6.2 Commissions can be voided within your account for any reason that we will feel is appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customer’s credit card, or other reasons that facilitate garnishment of commissions. In the event that this occurs you will be promptly notified.
6.3 We will not be responsible for lost commissions due to improper coding or inoperative links. La Vie de la Rose Flower Essences is also not responsible for sales lost through technical issues, including things such as service outages, service interruptions, website updates, and server updates.
Fraudulent Orders and Orders Outstanding
7. It is possible that we may receive an order that is illegitimate or otherwise fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have evidence of being fraudulent, we will cancel the order entirely and decommission your account for the 10%. If this is to occur you will be promptly notified.
7.1 La Vie de la Rose Flower Essences reserves the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to.
Grant of License and Restricted Use
8. La Vie de la Rose Flower Essences grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the La Vie de la Rose Flower Essences website and solely during the term of this agreement.
8.1 La Vie de la Rose Flower Essences holds sole editorial discretion on how links are worded, or described on the affiliates site. La Vie de la Rose Flower Essences is not responsible for the creation of the links, which may be posted on your site. We do have the right to engage in surrounding editorial review. You also agree to fully cooperate to work with La Vie de la Rose Flower Essences to maintain and manage links.
8.2 All content on the affiliates website including links, banners, text, etc, leading to any or all content within the La Vie de la Rose Flower Essences website is the sole responsibility of the affiliate. Because of the constantly changing nature of the La Vie de la Rose Flower Essences website, we hold it to be the affiliates’ responsibility to update and manage their own links leading to the La Vie de la Rose Flower Essences website. We are not responsible for alerting the affiliate or making recommendations on when we anticipate changing the links or directions to content on the La Vie de la Rose Flower Essences website.
8.3 If La Vie de la Rose Flower Essences believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
9. All affiliates are required to provide Social Security numbers or tax ID numbers at signup.
Once an affiliate has accrued over $600.00 dollars in commission payouts, we require a social security number, for United States citizens, of the affiliate who is receiving payments from La Vie de la Rose Flower Essences. The IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a “contractor”, this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.
10. La Vie de la Rose Flower Essences may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.
10.1 This agreement does not constitute a joint venture, partnership, franchise, or other sales representative business of La Vie de la Rose Flower Essences. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by La Vie de la Rose Flower Essences.
11. Your privacy is a major concern for La Vie de la Rose Flower Essences. We will not sell, disperse, trade or otherwise disseminate your account information to any organization outside of La Vie de la Rose Flower Essences.
12. La Vie de la Rose Flower Essences does not make any representations or guarantees as to the ability of this affiliate program to generate income for the affiliate or applicant. We make no warranty, express or implied respecting this program, including, without limitiation, traffic generated, revenue earned, and functionality of the affiliate program.
Limitations of Liability; Indemnification
13. 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 LA VIE DE LA ROSE FLOWER ESSENCES CUMULATE 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, WHICH EXCEEDS THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
13.1 Indemnification. You agree to indemnify and hold harmless La Vie de la Rose Flower Essences and its shareholders, employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against La Vie de la Rose Flower Essences based on or arising from any claim:
(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or
(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory or libelous act or resulting from your violation of any third party right of publicity or privacy.
You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by La Vie de la Rose Flower Essences in connection with or arising from any such claim, suit, action, or proceeding.