Affiliate Terms and Conditions

Agreement for affiliates

This is a legal agreement between you (the affiliate) and International Cosmetic or www.international-cosmetic.com (the merchant). By submitting the online application, you agree that you have read and understand the terms and conditions of this agreement and agree to be legally responsible for upholding each term and condition.

1. Vision

• This Agreement contains the complete terms and conditions that apply to you as an affiliate in the www.international-cosmetic.com affiliate program. The purpose of this Agreement is to allow HTML links between your website and/or social media accounts and www.international-cosmetic.com. Please note that throughout this Agreement, "we", "us", "us" and "our" refer to www.international-cosmetic.com and "you", "your" and "yours" refer to the Affiliate.

2. Obligations of the affiliate

• 2.1. To begin the application process, you will complete and submit the online application. We may reject your application at our discretion. We may cancel your application if we determine that your site is not suitable for our program, if:
• 2.1.1 Promotes sexual materials
• 2.1.2. Promotes violence
• 2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• 2.1.4. Promotes illegal activities.
• 2.1.5 Promotes religion
• 2.1.6. Incorporates any material that infringes or assists others to infringe any copyright, trademark or other intellectual property rights or violate the law
• 2.1.7. Includes "International Cosmetic" or variations, even with misspellings of the same in its domain name
• 2.1.8. Is otherwise unlawful, harmful, threatening, defamatory, libelous, obscene, harassing or racially offensive, we do not consider it ethnically objectionable or find it objectionable in our sole discretion.
• 2.1.9. Contains software downloads that potentially allow diversion of commissions from other affiliates enrolled in our program.
• 2.1.10. You may not create or design your website or any other website that operates, explicitly or implicitly in a manner that resembles our website or design your website in a manner that causes customers to believe that you are www.international-cosmetic.com or any other affiliate business.
• 2.2. As a member of the www.international-cosmetic.com affiliate program, you will have access to the Affiliate Account Panel. Here you will be able to review the performance of your promotions, as well as view Commissions and Payouts and Generate Affiliate Links. In order for us to accurately track all guest visits from your site to ours, you must use the affiliate link that we provide to you, via the "Generate Links" tool in your account.
• 2.3 www.international-cosmetic.com reserves the right, at any time, to review your location and approve the use of your links and request that you change the location or use to comply with the guidelines provided to you.
• 2.4. Maintaining and updating your site will be your responsibility. We may monitor your site as we deem necessary to ensure that it is up to date and notify you of any changes we think you should consider making to improve its performance.
• 2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws pertaining to your site. You must have express permission to use anyone's copyrighted material, whether it is a writing, an image or any other copyrighted work. We will not be liable (and you will be solely responsible) if you use anyone else's copyrighted material or other intellectual property that violates the law or the rights of others. If you need any material for the creation of banners, whether images, videos, etc., you can request it to International Cosmetic and we will try to fulfill your demand.

3. Rights and obligations of www.international-cosmetic.com

• 3.1. We have the right to monitor your site at any time to determine whether 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 ensure that your links to our site are appropriate. If you do not make changes to your site that we deem necessary, we reserve the right to terminate your participation in the www.international-cosmetic.com affiliate program.
• 3.2 www.international-cosmetic.com reserves the right to terminate this agreement and your participation in the www.international-cosmetic.com affiliate program immediately and without notice if you commit fraud in the use of www.international-cosmetic.com or abuse this program in any way. If such fraud or abuse is detected, www.international-cosmetic.com will not be liable to provide you with any commissions.
• 3.3. This agreement will commence upon our acceptance of your membership application, and will continue unless terminated for any reason.

4. Termination of agreement

• Either you or we may terminate this agreement at any time, with or without cause, by giving written notice to the other party. Written notice may be in the form of regular mail or e-mail. In addition, this agreement will terminate immediately upon any breach of this agreement.
• If there has been no default by the parties, and they decide to terminate their agreement, the outstanding and unpaid commissions shall continue as set forth in Section 6 of this agreement, until all commissions due to the affiliate are paid in full.

5. Modification

• We may modify any of the terms and conditions described in this agreement at any time at our discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes to www.international-cosmetic.com's payment procedures and affiliate program rules. If you do not agree to any modification, you may terminate this agreement. Your continued participation in the www.international-cosmetic.com affiliate program, following notice or posting of changes to the agreement, will indicate your acceptance of the changes.

6. Commissions and Payment

• 6.1 Commissions are generated when a customer clicks on one of the affiliate links, which redirects to our website, and makes a purchase on www.international-cosmetic.com. The status of the commissions is linked to the status of the order, so a refunded order, on hold, pending payment, canceled or failed does not generate commissions. Commissions are also not generated by the purchases that the affiliate makes on www.international-cosmetic.com, nor on the gift products that we offer on our website.
• 6.2 Commissions are calculated on the total value of the product purchased, excluding taxes and discounts.
• 6.3 When a customer, through an affiliate link, makes a purchase on our website, the customer's account is linked to that of the affiliate from which it comes, and in this way commissions can be calculated for future purchases by this customer, even if he/she accesses our website directly or without clicking on any affiliate link of yours. If the customer returns to the site through a link from another affiliate, this link changes and the customer is assigned to the new affiliate, so the commissions for future purchases will be calculated for the new affiliate.
• 6.4 The commission rates applicable for new affiliates shall be as agreed by both parties. Contact us at info@international-cosmetic.com. On the first purchase of a customer, you receive the total commission rate agreed upon. On the second, third and future purchases from the same customer, you receive 70% of the total agreed commission rate (even if the customer accesses our website directly without clicking on an affiliate link from you).
• 6.5 www.international-cosmetic.com may establish product level fees, which prevail over an Affiliate's commission rate. Generally these commissions will be higher than an affiliate's commission rate, and may be set indefinitely or temporarily. We will publish the products with special commission rates so that the affiliate can know which products get a higher commission and focus on promoting them.
• 6.6 www.international-cosmetic.com uses a third party to handle payments, through stripe.com and through its platform Stripe Connect. You are required to follow the process of connecting your Stripe account to ours, and keeping it connected for the duration of the relationship so that we can transfer commissions to your Stripe account. Kindly review the terms and conditions of Stripe.
• 6.7 We will process commissions based on the commission agreed at the date of the customer's order.
• 6.8 We order the transfer of the commissions to your connected account of Stripe on the 1st of each month. Stripe can manage its own deadlines to finalize these transfers.

7. Access to the Affiliate Panel

• You will create a password so that you can securely log in to your www.international-cosmetic.com affiliate account.
• We reserve the right to block or suspend your affiliate account at any time if we detect fraud, abuse or manifest non-compliance with any of the terms and conditions herein. During the time your account is blocked or suspended, we will investigate the matter and contact you (you will also receive an email of this circumstance). No affiliate commissions are generated while your account is blocked or suspended.

8. Promotion restrictions

• 8.1. You may promote your own websites, but, naturally, any promotion mentioning www.international-cosmetic.com could be perceived by the public or the press as a joint effort. You should be aware that certain forms of advertising are always prohibited by www.international-cosmetic.com. For example, advertising commonly known as "spam" is unacceptable to us and could damage our name. Other forms of advertising generally prohibited 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 manner that conceals or misrepresents your identity, domain name or email address. You may promote www.international-cosmetic.com via email to your customers as long as the recipient is a customer or subscriber of your services or website, and recipients have the option to unsubscribe from future mailings. In addition, you may post to newsgroups to promote www.international-cosmetic.com as long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent of www.international-cosmetic.com. 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 www.international-cosmetic.com affiliate program. Any outstanding commissions due to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
• 8.2. Affiliates who among other keywords or exclusively bid on their pay per click campaigns with keywords such as www.international-cosmetic.com, international-cosmetic, International Cosmetic, www.international-cosmetic, and/or any misspellings or similar alterations of these, either separately or in combination with other keywords, and do not direct traffic from such campaigns to their own website before redirecting it to ours, will be considered trademark infringers, and will be banned from the www.international-cosmetic.com affiliate program. We will make every effort to contact the affiliate prior to the ban. However, we reserve the right to expel or suspend the account of any trademark infringer from our affiliate program without prior notice, and at the first instance of such PPC bidding behavior.
• 8.3. Affiliates are not prohibited from adding the lead information in the lead form as long as the lead information is real and true, and they are valid leads (i.e. sincerely interested in the merchant's service).
• 8.4. Affiliate will not transmit so-called "interstitials", "Parasiteware™", "Parasitic Marketing", "Shopping Assistance Request", "Toolbar Installations and/or Add-ons", "Shopping Portfolios" or "Misleading pop-ups and/or pop-unders "to consumers from the time the consumer clicks on an Affiliate link until the time the consumer has completely exited the merchant's site (i.e. no page of our site www.international-cosmetic.com nor is the content or branding visible on the end-user's screen). As used herein to. "Parasiteware ™" and "Parasitic Marketing" shall mean an application that (a) by accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any means other than an initiated click on a qualified link on a web page or email; (b) intercepts searches to redirect traffic through installed software, which causes pop-up, commission tracking cookies or other commission tracking cookies to be set and overwritten where a user would, under normal circumstances, have arrived at the same destination through the search results provided by the search (search engines include, but are not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies by loading the merchant's site in IFrames, hidden links and automatic pop-ups that open the www.international-cosmetic.com; (d) target text on websites, other than websites 100% owned by the application owner, for contextual marketing purposes; (e) remove, replace or block the visibility of affiliate banners with any other banners, other than those found on websites 100% owned by the application owner.

9. Licensing

• 9.1. We grant 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 or authorize you to use for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the www.international-cosmetic.com Affiliate Program. You agree that all uses of the Licensed Materials shall be on behalf of www.international-cosmetic.com and the goodwill associated therewith shall inure solely to the benefit of www.international-cosmetic.com.
• 9.2. Each party agrees not to use the other party's Proprietary Materials in any manner that is derogatory, misleading, obscene or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the patented materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title and interest in and to its respective rights and no right, title or interest is transferred to the other.

10. Disclaimer of Liability

• www.international-cosmetic.com makes no express or implied representations or warranties with respect to its services and website or the products provided thereon. 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 validly executed and delivered, and constitutes your legal, valid and binding obligation, enforceable in accordance with its terms;
• 11.2. You have full right, power and authority to 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 loss of 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 www.international-cosmetic.com's cumulative liability to you arising out of or relating to this agreement, whether based in contract, negligence, other strict liability, or equitable theory, exceed the total commission fees paid to you under this agreement.

13. Indemnification

• You hereby agree to indemnify and hold harmless www.international-cosmetic.com, and its affiliates, as well as their directors, employees, 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") to the extent such Losses (or actions thereon) arise out of or are based upon (i) any claim that your use of the Affiliated Trademarks infringes any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of a 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 relating to your site, including, without limitation, content 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 the negotiation or term of this Agreement, which is marked "Confidential", shall remain the sole property of the disclosing party, and each party shall maintain confidentiality and shall not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.

15. Miscellaneous

• 15.1. You agree that you are an independent contractor, and nothing in this agreement shall create a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and www.international-cosmetic.com. 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 elsewhere on your site or otherwise, that would reasonably 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 obtaining all or substantially all of the business or assets of a third party.
• 15.4. You may not amend or waive any provision of this agreement unless it is in writing and signed by both parties.
• 15.5. This agreement represents the entire agreement between you and us, and shall supersede all prior agreements and communications of the parties, oral or written.
• 15.6. The headings and content 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, such provision shall be eliminated or limited to the minimum extent necessary for the intention of the parties to be realized, and the remainder of this agreement shall remain in full force and effect.