Natasha Denona Affiliate Program Terms
(Effective Date: September 9th, 2024)

 

  1. Introduction

Welcome to the Natasha Denona Affiliate Program! These Terms (the "Terms") govern your participation in the Natasha Denona Affiliate Program (the "Program"). The Program is operated by Natasha Denona Makeup LLC (collectively with its subsidiaries and affiliated companies “Natasha Denona”, “Natasha Denona Group”, “we” or “our”), and designed to facilitated the marketing of Natasha Denona products through affiliates who manage their own blogs, social media channels and accounts, websites and other promotional channels (each an “affiliate” or “you”), through which such affiliates would be able to promote Natasha Denona products in return for certain fees and benefits, all as detailed hereunder and as shall set forth by Natasha Denona from time to time. By enrolling in the Program, you agree to comply with these Terms.

Natasha Denona reserves the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the updated Terms and Conditions on our website, or where required under applicable law by notifying you through the email address provided upon application. Your continued participation in the Program after such modifications will constitute your acceptance of the new terms.

Please note that participation in the Program may require you to subscribe to a specific affiliation platform, which is operated by an external third party (“Affiliation system”). Such Affiliation system is operated independently and directly by such third party, and without derogating from your obligation herein, your subscription and use of the Affiliation systems may be subject to the separate specific terms and conditions of such third party, which are not under our responsibility.

  1. Enrollment in the Program

To enroll in the Program, you must complete the application form and be approved by Natasha Denona and subscribe to the Affiliation system as instructed there. We reserve the right to accept or reject any application at our sole discretion. Natasha Denona may also, at its sole discretion, cancel or terminate your participation in the Program at any time and for any reason, including but not limited to:

  • Breach of these Terms.
  • Engaging in any form of fraudulent or unethical behavior.
  • Failure to comply with advertising guidelines or applicable laws.
  • Actions that harm or could potentially harm the reputation of Natasha Denona.
  • Termination o your subscription to the Affiliation System by its operator for any reason.
  • Any other reason deemed appropriate by Natasha Denona.

In the event of rejection or cancellation of your participation, you must immediately cease using all affiliate links and remove all Natasha Denona promotional materials from your site. Any unpaid commissions up to the date of termination will be paid, unless the termination is due to a breach of these Terms or illegal conduct.

  1. Affiliate Responsibilities

As an affiliate of Natasha Denona, you agree to:

  • Be at least 18 years of age or the age of legal capacity in your jurisdiction, whichever is higher.
  • Not be prohibited from entering into and accepting these Terms under any applicable laws or regulations.
  • If you are acting on behalf of a corporation or other legal entity, you have the authority to bind that entity to these Terms.
  • Not have more than one affiliate account.
  • Use ethical marketing practices.
  • Comply with all applicable laws, including data protection and privacy laws.
  • Only use promotional materials provided or approved by Natasha Denona.
  • Align with the Advertising Guidelines provided herein.
  • Not engage in any activity that may harm the reputation of Natasha Denona.
  • Abide by these Terms as amended from time to time.

 

  1. Affiliate Links

Upon acceptance into the Program, you will receive a unique affiliate link. You are permitted to place and publish affiliate links on your website, social media platforms, and other promotional channels. You must ensure that your use of affiliate links complies with all applicable laws and regulations. Please note that affiliate links may have a limited time period of validity and may be amended from time to time by Natasha Denona.

Natasha Denona reserves the right to offer promotional sales on its websites and other direct channels, which may include higher percentage discounts, without any prior notice to you.

  1. Commissions and Payments

Affiliates will earn a commission of a certain percentage on qualifying purchases made through their affiliate links. Commissions will be paid on a monthly basis, within 14 days after the end of each month. Payments will be made via the Affiliation System. A minimum balance of $150 is required for the payout. Balances below this amount will be carried over to the next payment period until the threshold is attained. Natasha Denona reserves the right to offer each affiliate a different commission rate upon its sole discretion.

Please note that payment through the Affiliation System depends upon its proper functioning and may be subject to additional terms and conditions set by the Affiliation system operator. We are not responsible for any payment failure or inability to get paid caused due to any problem or malfunction with the Affiliation system.

  1. Commission Qualification

Commissions are only earned on sales that are:

  • Tracked through your unique affiliate link and made within the specified time frame that the link is valid.
  • Not returned, refunded, or subject to chargebacks. Any such transactions will result in deductions from your commission.
  • Net of any sales tax, shipping costs, discounts, or other fees. Commissions are calculated based on the final purchase price paid by the customer, excluding these amounts.

Additionally:

  • Self-referrals, fraudulent transactions, or any other attempts to manipulate or game the system are strictly prohibited and will result in disqualification from the Program and forfeiture of any pending commissions.
  • Commissions are only paid on completed sales. A sale is considered complete once the product has been purchased, paid for in full, and not returned within the return period.

 

  1. Advertising Guidelines

Affiliates must adhere to the following advertising guidelines:

  • Compliance with Laws: Ensure that your advertising practices comply with all applicable laws and regulations, including without limitation any referral or endorsement regulations (e.g., FTC rules and guidelines, especially regarding endorsement as can be found here).
  • Prohibition of Unethical Practices: Do not engage in spamming, unsolicited commercial email, or other forms of unethical advertising.
  • Disclosure of Affiliate Relationship: Clearly disclose your affiliate relationship with Natasha Denona. This includes, but is not limited to, using hashtags such as #ad, #sponsored, or #affiliate in social media posts. All disclosures must be clear, conspicuous, and easily understood by consumers.
  • Accuracy in Advertising: Do not make false, misleading, or exaggerated claims about Natasha Denona products. All statements about the products must be truthful and supported by evidence where applicable.
  • Use of Approved Marketing Materials: Use only approved marketing materials as provided by Natasha Denona and do not alter them in any way.
  • Prohibition of Automated Tools: Never use any bots, automated means of distribution and sales, toolbars, ad walls, or similar practices.
  • Prohibited Use of Brand Name: Never operate a website, social media channel, or account using our brand name or in a manner that resembles our website or could lead anyone to believe you are Natasha Denona or acting as our formal representative.
  • Restrictions on Paid Advertising: Do not create any paid advertisement campaigns (including without limitation pay-per-click, sponsored ads, paid social campaigns, etc.) that use any of our brand names or product names or any misspelling of such names. Prohibited keywords include without limitation Natasha Denona, [Company any other words?].
  • Promotion Content Requirements: Include the offer, coupon code, expiration date, and approved text link only (to the extent provided). Ensure the language is simple and easy to understand.
  • Prohibition of Misleading Advertising: Do not use “bait and switch” language, misrepresentations, or false advertising (e.g., “Click here for more possible deals”).
  • Maintenance of Promotional Content: Remove invalid links and banners promptly, and clearly indicate if a link has expired.
  • Brand Reputation: Maintain the good name and reputation of Natasha Denona in all advertising and promotional activities.
  • Avoiding Harmful Content: Avoid offensive, inappropriate, or controversial content that may harm Natasha Denona’s brand image.
  • Respect for Intellectual Property: Respect the intellectual property rights of Natasha Denona and do not use any trademarks, logos, or proprietary information without prior written permission.
  • Compliance with Instructions: Immediately remove or revise any Natasha Denona related publication or promotion if instructed by Natasha Denona at its sole discretion.

Failure to follow these guidelines will result in suspension and loss of commissions. Upon warning, affiliates must promptly remove all violations. Repeated abuse will result in termination of your affiliation, and any pending commissions owed will not be paid if your account is terminated due to link misuse.

  1. Intellectual Property

Natasha Denona grants you a non-exclusive, non-transferable, revocable license to use our trademarks, logos, and approved marketing materials (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 this Program. You agree that all uses of the Licensed Materials will be on behalf of Natasha Denona and the goodwill associated therewith will inure to the sole benefit of Natasha Denona.

By participating in the Program, you grant Natasha Denona the right to reshare and use any social media materials that you create in connection with promoting Natasha Denona products through Natasha Denona’s social media accounts and other promotional channels. This includes, but is not limited to, images, videos, and text that feature or mention Natasha Denona products.

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 licenses and rights granted under this Terms, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.

  1. Confidentiality

You agree to keep all confidential information disclosed by Natasha Denona confidential and not to use or disclose such information without our prior written consent. Without derogating from the generality of the above, you are strictly forbidden from disclosing or publishing your affiliate fee rate or sums.

  1. Term and Termination

These Terms will begin upon our acceptance of your Program application and will continue until terminated by either party. You may terminate these Terms at any time by providing written notice to Natasha Denona. We may terminate these Terms at any time, with or without cause, by providing you with written notice. Upon termination, you must immediately cease using all affiliate links and remove all Natasha Denona promotional materials from your site.

  1. Disclaimer of Warranties and Limitation of Liability

To the fullest extent permissible under applicable law, Natasha Denona disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All materials and products provided by Natasha Denona, including but not limited to product descriptions, promotional materials, and affiliate links, are provided "as is" and "as available" without any warranties or representations of any kind, whether express or implied.

Natasha Denona will not be liable to you with respect to any subject matter of these Terms 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, anticipated profits, or lost business), even if we have been advised of the possibility of such damages. Further, and without derogating from the generality of the above, we will not be liable to you with respect to any subject matter or damage caused due to any third party system or services, including without limitation the Affiliation System. Furthermore, notwithstanding anything to the contrary contained in these Terms, in no event shall Natasha Denona’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.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Natasha Denona and its affiliates, officers, directors, employees, agents, and assigns from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your participation in the Program, including but not limited to your breach of these Terms, any violation of applicable laws, and any third-party claims.

  1. Privacy

Your participation in the Natasha Denona Affiliate Program, and your personal data utilized by us, are subject to our Privacy Policy, which is incorporated herein by reference.

As an affiliate, you acknowledge and agree that you are solely and exclusively responsible for the lawfulness of your conduct and any personal data you collect, use, or transfer. You must ensure that your handling of personal data complies with all applicable data protection and privacy laws. Natasha Denona disclaims any responsibility for your compliance with such laws and any liability arising from your collection, use, or transfer of personal data.

Please note that your subscription to the Affiliation system is also subject to the Affiliation System operator’s independent terms and conditions, including its Privacy Policy which your encouraged to review and acknowledge.   

  1. Governing Law

This Terms will be governed by and construed in accordance with the laws of Israel, Tel Aviv, without regard to its conflict of laws principles.

  1. Miscellaneous
  • Entire Terms: These Terms constitute the entire agreement between you and Natasha Denona regarding the Program and supersede all prior agreements and understandings.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  • Assignment: You may not assign these Terms or any of your rights or obligations hereunder without the prior written consent of Natasha Denona. Natasha Denona may assign these Terms, in whole or in part, at any time without notice to you.
  • Prohibition of Sub-Commission Sharing: Affiliates are prohibited from sharing or distributing sub-commissions to third parties. All commissions earned under the Program are for the sole benefit of the approved affiliate.
  • Nature of Relationship: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Each party is an independent contractor and not an agent or employee of the other party.

By participating in the Natasha Denona Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.