Updated on September 16, 2020
Thank you for considering Hypeach LLC’s (“Hypeach”) Style Ambassador Affiliate Program. The following represents the terms and conditions (“Affiliate Terms”), which apply to your participation in Hypeach’s Style Ambassador Affiliate Program (“Affiliate Program”). The purpose of these Affiliate Terms is to allow you to make affiliate commissions, bonuses, and/or other perks through sales generated from your website and/or other approved and designated platform(s) (hereinafter, the “Sites”) from our products in the manner set forth herein.
1. Execution of Agreement. By participating in the Affiliate Program, you represent that you have read, fully understand, and agree to be bound by all the terms and conditions of the Affiliate Terms.
3. Enrollment in Affiliate Program. To be enrolled in Hypeach’s Affiliate Program, an application must be completed and submitted to Hypeach. Once your application has been reviewed and approved, Hypeach will provide you with details to establish yourself as a “Style Ambassador” Affiliate with Hypeach, which will include your unique URL and commissionable link(s) (links that track activity back to your affiliate account) that can be accessed from your affiliate account page. All clicks driven to Hypeach via your unique URL or commissionable links have a cookie (click referral) window valid for up to 5 days for a purchase to be made and credited to your Affiliate Program account. Such cookie (click referral) window will continue to remain valid as long as potential purchasers visit and utilize the URL and commissionable link(s) tied to your Affiliate Program account (i.e., a 5-day window for crediting purchases to your Affiliate Program account is in effect from the last click that occurred through your unique URL or commissionable links tied to your Affiliate Program account). You must ensure that your information, including your e-mail address is complete, accurate, and up to date at all times. Hypeach may send communication to the e-mail address associated with your account. Even if the e-mail address associated with your account is no longer current, you will be deemed to have received all notifications, approvals, and other communications sent to that e-mail address.
4. Linking to Hypeach’s Website. Acceptance into the Affiliate Program means Affiliate agrees to and abides by the following:
5. Affiliate Obligations. In performing under the Affiliate Program, Affiliate agrees that he/she/it shall not publish, post, upload, distribute, distribute or disseminate, or permit any of the following to be posted onto its Sites. These shall include, but are not limited to:
6. Affiliate Representations and Warranties. Affiliate represents, warrants, and agrees that the Sites or any content or technology used during his/her/its participation with the Affiliate Program will not:
a. Direct or pull internet traffic away from Hypeach’s website.
b. Attempt to modify or alter Hypeach’s website in any way.
c. Make any representations, either express or implied, or create an appearance that a visitor to Affiliate’s Sites is visiting Hypeach’s website.
d. “Scrape” or “spider” any Hypeach website or any other website for Hypeach’s intellectual property.
e. Misrepresent any product(s) or service(s), including those of Hypeach.
7. FTC Disclosure Requirements and Endorsement Guides. Affiliate shall include a disclosure statement wherever Affiliate URLs for Hypeach’s Affiliate Program are posted as an endorsement, review, or paid advertisement. The disclosure statement should be clear, close, and state that Hypeach is compensating Affiliate for Affiliate’s review or endorsement. If Affiliate received Hypeach product(s) for free for review, this also must be clearly stated in Affiliate’s disclosure. Hypeach reserves the right to audit Affiliate’s Sites without notice for disclosure compliance and to remove an Affiliate from the Affiliate Program if it determines Affiliate is not in compliance. For more information on FTC disclosure requirements and Endorsement Guides, please review https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-askingand https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf.
8. Affiliates’ Compliance With Applicable Laws. Affiliate represents, warrants, and agrees that in addition to the above, it shall at all times comply with all applicable laws, ordinances, statutes, rules, including, without limitation those relating to:
9. Affiliate Commissions. Except in jurisdictions where such a transaction is prohibited and subject to Affiliate’s compliance with the Affiliate Terms, Affiliates are eligible to earn certain commissions (based on a net sales amount for the product(s) sold, excluding shipping, taxes, and other related costs, and subject to any refunds, replacements, or other order modifications), bonuses, and/or other specified perks (collectively, the “Affiliate Commissions”), currently posted at: https://hypeach.com/pages/style-ambassadors, and which may modified from time to time by Hypeach in its sole and complete discretion. Hypeach pays eligible Affiliate Commissions on a monthly basis. Affiliate Commissions will be disbursed via PayPal or in any other manner by Hypeach. If Affiliate’s account is terminated due to violation of the Affiliate Terms, Hypeach reserves the right to withhold all future Affiliate Commissions that may be owed to Affiliate. Affiliate is responsible for any and all charges, fees, taxes, change rates, surcharges, and other expenses that may be incurred for Affiliate to receive Affiliate Commissions. Affiliate Commissions may be withheld for a reasonable time to ensure that the correct amount is paid to Affiliate. If it is determined that payment of Affiliate Commissions to an Affiliate in any jurisdiction is illegal under any laws, Hypeach reserves the right to not pay Affiliate Commissions for any sales made in that jurisdiction.
10. Confidential Information. Affiliate agrees that all information including, without limitation, the provisions of the Affiliate Terms, business and financial information, customer and vendor lists, pricing, and sales information, shall remain strictly confidential and shall not be utilized directly or indirectly by Affiliate for its own business purposes or any other purpose except and solely to the extent that any such information is available to the general public, compelled by law, or prior written consent for such disclosure was obtained from Hypeach.
11. Disclaimer and Limitation of Liability. Hypeach expressly disclaims any and all representations or warranties of the information, materials and/or content available through its website and/or any other related Hypeach platforms, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, reliability, accuracy, and non-infringement are expressly disclaimed and excluded. Hypeach will not be liable with respect to any subject matter of these Affiliate Terms under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, consequential, special, or exemplary damages, including but not limited to loss of revenue, goodwill, or anticipated profits or lost business, even if Affiliate has been advised of the possibility of such damages. Hypeach also makes no representation that its website, URL(s)/link(s) provided, and/or any other related Hypeach platforms will be uninterrupted and free of error and will not be liable for the consequences of any interruptions or errors.
12. Indemnification. Affiliate agrees to indemnify and hold Hypeach harmless Hypeach and its employees, representatives, agents, and affiliates against any and all claims, suits, actions or other proceedings brought against them based on or arising from any claim resulting from Affiliate’s breach of these Affiliate Terms, including Affiliate’s representations and warranties; the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other related requirements; and/or any spamming violations of any kind, including without limitation any spamming violations by any of Affiliate’s own affiliates, sub-affiliates, and/or other person or entity having any direct or indirect relation to Affiliate. Affiliate acknowledges and agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Hypeach in connection with or arising from any claim, suit, action, or proceeding.
13. Termination. Affiliate or Hypeach may terminate Affiliate’s status as an Affiliate at any time, with or without cause. Upon termination, all licenses granted to Affiliate (if any) shall cease and Affiliate shall use her/his/its best efforts to immediately remove from Affiliate’s Sites all links and references to Hypeach, cease any and all use of items received through or used in connection with the Affiliate Program. Hypeach reserves the right to terminate the Affiliate Program at any time with or without notice to Affiliate. If it comes to our attention that you (including any of your affiliates, agents, or representatives) are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Hypeach’s Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation(s).
14. Modification. These terms may be subject to change from time to time in Hypeach’s sole discretion, without notice to you. At a minimum, Hypeach will communicate any amendments to you by posting updates to the Affiliate Terms and conditions maintained on its website. Your continued participation as an Affiliate after such modification will constitute your acceptance to the amended Affiliate Terms.
15. General Provisions.
BY CLICKING “I ACCEPT” YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AFFILIATE TERMS.