ULTRACHIC FASHION AFFILIATE PROGRAM AGREEMENT
TERMS AND CONDITIONS
AGREEMENT
This Affiliate Program Agreement describes the terms and conditions for participation in the Ultrachic Fashion Affiliate Program. As an authorized affiliate of Ultrachic Fashion, you agree to abide by the terms and conditions contained in the affiliate program agreement. Please read the entire Agreement carefully before applying as an affiliate to promote our products.
For purposes of this Agreement, the terms “You” “affiliate” and “publisher” refers to you the individual or legal entity who applies for and is accepted into the Affiliate Program. You (affiliate) are an independent contractor. The terms “Advertiser, Owner”, “We” or “Us” refers to the sponsor of the affiliate program. The term “the Owners website” refers to the website that the Owner maintains at https:shopultrachicfashion.com.
Throughout the course of this Agreement, the Owner and You may each be referred to as a (“Party” or collectively as the “Parties”).
By registering as an affiliate, you represent and warrant to us that you have read and understand our Privacy Policy and agree to the terms set forth therein.
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, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
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 ULTRACHIC FASHION. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and ULTRACHIC FASHION. You must ensure that each of the links between your site and ULTRACHIC FASHION properly utilizes such special link formats. Links to ULTRACHIC FASHION placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a ULTRACHIC FASHION product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special 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 links should point to the page of the product being promoted.
ULTRACHIC FASHION reserves the right to update and change the Terms of Service from time to time without notice. Any new features that 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.
ACCOUNT TERMS
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- 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, a username and password as requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. ULTRACHIC FASHION 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 your own ULTRACHIC FASHION product accounts.
YOUR RESPONSIBILITIES
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
AFFILIATE PROGRAM REGISTRATION
To register for the Affiliate Program, you must complete and submit to us an Affiliate Program Application Form. This form is included on our website at shopultrachicfashion.com/my-account/ and can be completed and submitted on our website.
INDEPENDENT CONTRACTOR
The Affiliate is retained as an independent contractor of the Advertiser. The Affiliate acknowledges and agrees that (i) The Affiliate is solely responsible for the manner and form by which the Affiliate performs under this Agreement, and (ii) The Affiliate is a self-employed individual, who performs services for various entities and individuals other than the Advertiser. The Affiliate is responsible for the withholding and payment of all taxes including federal (for affiliate marketing businesses which are incorporated), city and self-employment taxes including Social Security and Medicare and other assessments arising out of the Affiliate’s performance of services.
COLLATERAL DETAILS
The Advertiser shall provide the necessary affiliate software and briefing materials to enable the affiliate to perform the affiliate marketing services. If the affiliate has obtained employees or agents (the “Affiliate Personnel”), the Affiliate shall be solely responsible for all costs associated with the Affiliate Personnel, including, studio rentals, photographers, clothing stylists, hair and makeup.
ITEMS TO AVOID IN AFFILIATE POSTS AND VIDEOS
All blog posts, social media statuses, videos, stories, tweets, and/or comments should be free of inappropriate language and any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
CREATIVE
Affiliates may not alter any of the creative or text links available through the YITH Affiliates interface. Affiliates are also requested not to hard code banners into their sites.
Anyone found infringing on these terms will receive a warning and may have commissions reversed. We reserve the right to withhold commission during this time. Continuous infringement of these terms will result in suspension.
I-FRAMES
Under no circumstances are publishers allowed to surreptitiously use i-frames to set cookies onto a user’s computer. Affiliates may not use the URL of Ultrachic Fashion or a masked URL to insert into an iframe into his/her site or another site/platform.
WEBSITE PRICES
Affiliates must adhere to maintain Ultrachic Fashion’s most current pricing information in their promotions.
PPC
Affiliates are not permitted to carry out any PPC search activity directing traffic to Ultrachic Fashion except by special arrangement. The affiliate program does not offer PPC compensation. Affiliates will not receive any Pay Per Click compensation or commission to direct traffic to https://shopultrachicfashion.com.
SEARCH ACTIVITY
Affiliates generating traffic to their own sites must also abide by the following rules. The following actions are not allowed.
a. Using the Ultrachic Fashion brand term in the sub folder of the display URL (e.g. www.affiliate.com/UltrachicFashion)
b. Using the Ultrachic Fashion brand term in the sub domain of the display URL (e.g. www.UltrachicFashion.affiliate.com)
c. Using the Ultrachic Fashion brand or a misspelling of the Ultrachic Fashion brand in the display URL (www.UltrachicFashions.com)
d. Using the Ultrachic Fashion brand in title of an ad
e. Bid on the brand term “Ultrachic Fashion”
f. Bid on misspellings or extensions of the brand (eg “UltrachicFashions, Ultra Chic Fashion, Ultra Chic Fashions)
g. Bid on Ultrachic Fashion brand + generic terms (eg “UltrachicFashion Clothes”)
h. Bid on the advertisers URL www.UltrachicFashion.com)
i. Show adverts on competitors’ brands
j. Using the Ultrachic Fashion brand in the ad text – Allowed
You may use the keyword “review” when running an ad campaign. Please note affiliates are NOT allowed to bid on any variations of the brand name Ultrachic Fashion. Bidding on any brand sold on Ultrachic Fashion is also not allowed.
Ultrachic Fashion and common misspelling should be added as negative terms to all affiliate paid search campaigns.
EMAIL MARKETING
All email marketing must be signed off by Ultrachic Fashion.
LINKING
Publishers are allowed to deep link to a chosen offer or category on the Ultrachic Fashion site.
BING/GOOGLE SHOPPING ADS
Please note that bidding on the keyword ULTRACHIC FASHION on Bing and Google Shopping is not permitted by affiliates.
COUPON CODES
A valid code is defined as a code that has been legitimately issued by Ultrachic Fashion for use by affiliates. These codes are not to be shared with consumers (followers) directly. This code or promotion will have an activation date and where necessary a deactivation date.
Affiliates are not allowed to promote/display any coupon code, including monetary discounts (ex: $10 off) pertaining to holiday sales or student discount offers unless previously given permission by Ultrachic Fashion. Affiliates are not allowed to share other affiliate member codes to consumers. Affiliates may only use discount codes which have been supplied to them by Ultrachic Fashion directly. These include codes that are available via email/text when signing up for the Ultrachic Fashion Email Newsletter and VIP Texting Program.
Publishers must not display made up / invented discount codes on their site(s) or display discount codes that were intended for use in other channels or for other online publishers.
Discount code publishers with websites that encourage users to “click here to reveal offer / code” thus setting an Affiliate Manager cookie can only use this function if a voucher code exists for the Ultrachic Fashion program. If there is no voucher code available for the Affiliate Program publishers must not use this method, as it leads to a poor user experience for potential customers and can cause customer service issues.
If a discount code has been issued to publishers and it has an expiry date the publisher must clearly display on its website(s) the expiry date of this discount so that the user can decide whether they want to go ahead and click the publisher’s link.
If publishers wish to maintain expired discount codes on their sites for search engine optimization reasons, they must display clear notification to the user that the discount has expired. This notification must be located right next to the expired discount code. The font size must be no smaller than the site(s) body text and the color used must contrast clearly with the background. It is not acceptable for the notification to be displayed a significant distance from the expired code.
FTC GUIDELINES REGARDING AFFILIATE LINKS
When publishing posts/statuses about the Advertiser’s products, the Affiliate must clearly disclose his/her “material connection” with the Advertiser, including the fact that the Affiliate was given any consideration, was provided with certain experiences, discounts or is being paid for a particular service. The disclosure should be clear and prominent and made in close proximity to any statements that the Affiliate makes about the Advertiser or the Advertiser’s products. Please note that this disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via hashtags, e.g., #sponsored or #ad. The affiliate’s statements should always reflect the Affiliate’s honest and truthful opinions and actual experiences. The Affiliate should only make factual statements about the Advertiser or the Advertiser’s products which the Affiliate knows for certain are true and can be verified.
All affiliates must adhere to the FTC (Federal Trade Commission) and include an affiliate disclosure within blog or content when endorsing or selling any product from Ultrachic Fashion. The affiliate disclosure must communicate the link which you are linking to is an affiliate link and you may receive a commission from the content. Place your affiliate link at the beginning, end of hashtags or as close to the paid content (image) / text, or paragraph as possible. Explain what an affiliate link is when disclosing. Try to make the disclosure fun and understandable by customer. For example, I may receive a commission if you buy this product, which helps me to keep on recommending fashionable clothing for you. It keeps my website running…etc.
Include affiliate link in all social media posts, emails and blogs, IG slideshows, IG/YouTube videos and podcasts, reviews or recommendations of a product. In the event where a typed affiliate disclosure cannot be added for example, slideshows, FB/IG stories a verbal affiliate disclosure must be used to inform the general public. Include the affiliate link as a swipe-up in IG story videos. Blog posts may contain a link that reads “Affiliate Disclosure” at the top of a blog that links to a page with a full description.
Do not make disclosure too small to read or highlighted in a very light color against a white or light background where it is difficult to read.
All affiliate links must be no follow hyperlinks. Google requires affiliate links to be no follow. Add no follow attribute () for links that are paid.
REFERRAL COMMISSIONS AND COMPENSATION
YITH WooCommerce Affiliates version 2.4.0 by YITH is the plugin used to recruit, manage, track and pay affiliates. We offer a commission of 10%. Affiliate payments will be made to an affiliates PayPal account. The cookie length for your affiliate links is set to 45 days, which means if someone clicks on your affiliate link and purchases during this time period, you will receive the affiliate commission.
For a product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://shopultrachicfashion.com 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 special links that were automatically tracked by our systems.
In full consideration of the affiliate’s performance, his/her obligations and the rights granted herein, the affiliate shall be paid the commission agreed upon between the Advertiser and Affiliate. The Affiliate acknowledges that the agreed upon compensation represents the Affiliate’s entire compensation with respect to this agreement and the Advertiser shall have no other obligation for any other compensation to or expenses or costs incurred by the Affiliate in connection with the performance of its obligations under this agreement. The affiliate shall perform the services at his/her own expense and use his/her own resources and equipment.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
PAYMENT SCHEDULE
Affiliates may withdraw commissions after each successful referral order.
TRANSACTIONS
The transaction value that commissions are paid on does not include VAT/sales tax, delivery charges, credit card fees, gift wrapping or other service charges. Commissions are paid out on all products or product categories that are in stock on shopultrachicfashion.com.
Commissions are declined if the order was canceled by a customer, item/items were returned by a customer, program terms were breached, duplicate orders were made by a customer or if an item was out of stock during purchasing. Commissions are not declined if a customer has failed a credit check and proceeds to make a purchase from your affiliate link.
VALIDATION
All commissions will be validated within 14 days. Commission will be declined on all returned items. Affiliates (brand ambassadors) are only allowed to promote authorized codes. All other codes or coupon codes will be declined commission.
CONTENT USAGE RIGHTS AND LICENSING
Ultrachic Fashion has partial rights to repurpose YouTube, IG, FB content across any and all channels, platforms and devices – (Social, Email and Blog). This content includes blog copy and/or photos, video, brand takeover’s, story highlights and IGTV content. Affiliate’s link will be used when repurposing each publisher’s content in Facebook, Instagram, Pinterest and TikTok. Commissions made from ads will be paid out to affiliates biweekly.
Affiliates own his/her content and it can be repurposed and used by Ultrachic Fashion.
Duration for which all content published by an affiliate can be reused or repurposed by Ultrachic Fashion indefinitely.
Publishers have the right to license his/her content only to Ultrachic Fashion when promoting any Ultrachic Fashion item. Modifications or edits are allowed to be made to content by advertiser. A copyright assignment or limited usage rights is granted to Ultrachic Fashion.
NOTICE PERIOD – 7 days
Seven days’ notice shall be given to publishers when text in the terms and conditions publisher program are changed. Where possible, 7 days shall be given to the publisher if the website is updated and there is the possibility of the site being unavailable. Seven days’ notice shall be given to publishers if commission is lowered or raised.
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 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, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
AGREEMENT TERMINATION
Either party may terminate this agreement upon ten days prior written notice if the other party breaches this agreement and does not cure such breach within such time period. In addition to any right or remedy that may be available to the Advertiser under this agreement or applicable law, in addition, in the event that the Affiliate has breached this agreement, the Advertiser may (i) immediately suspend, limit or terminate the Affiliate’s access to any Advertiser account and/or (ii) instruct the Affiliate to cease all promotional activities or make clarifying statements, and the Affiliate shall immediately comply. Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.
TERM OF THE AGREEMENT AND PROGRAM
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://shopultrachicfashion.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. ULTRACHIC FASHION reserves the right to end the Program at any time. Upon program termination, ULTRACHIC FASHION will pay any outstanding earnings accrued.
ULTRACHIC FASHION, 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 ULTRACHIC FASHION 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. ULTRACHIC FASHION 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.
IDENTIFYING YOURSELF AS AN ULTRACHIC FASHION 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 us and you, say you develop our products, say you are part of ULTRACHIC FASHION 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 through your affiliate links for your own use. All products purchased for your own use will not earn commission. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
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 total referral fees paid or payable to you under this Agreement.
DISCLAIMERS
We make or express no implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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 ULTRACHIC FASHION website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
INDEPENDENT INVESTIGATION
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.
ARBITRATION
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
CHOICE OF LAW
This Agreement shall be governed and enforced pursuant to the laws and decisions of Pennsylvania. 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, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. The failure of ULTRACHIC FASHION to exercise or enforce your strict performance of any 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 ULTRACHIC FASHION and govern your use of the Service, superseding any prior agreements between you and ULTRACHIC FASHION (including, but not limited to, any prior versions of the Terms of Service).