Zohwa Cosmetics Affiliate Program Terms and Conditions
Please read and review this entire agreement. This is a legally binding agreement between you (influencer) and Zohwa Cosmetics Limited. By filling out the Zohwa Cosmetics Affiliate program application form, you acknowledge that you have read and agree to the following terms and conditions and that you agree to be legally responsible for each term
1. Submitting your Application
Once you submit your application, you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in this program is to legally advertise our website and to receive commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your website is unsuitable for any reason.
2. Influencer Obligations
2.1. Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your influencer account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons, including but not limited to:
False advertisements concerning Zohwa Cosmetics Limited
Spamming using your influencer code or our website link
Usage of materials that infringe on any copyright, trademark, or other intellectual property rights or to violate the law
Harassment or intimidation of others on your website
Content deemed to be graphic or explicit by Zohwa Cosmetics Limited
Promotion of illegal activity
Usage of technology to potentially divert commissions from other influencers in our program
2.2. The maintenance and updating of your site is your responsibility. We may monitor your site as necessary to ensure your content is up to date, your affiliation can be terminated if we find that your site has not been updated in over 1 year. A written notice will be given via email should we find your site outdated, you will have 48 hours to respond with an updated site before your affiliation is terminated.
2.3. You agree that you are an independent contractor and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Zohwa Cosmetics Limited. You will have no authority to make or accept offers on our behalf. You will not make any statement, whether on your site or any other of your sites or otherwise, that reasonably would contradict anything in this section.
3. Promotion Restrictions
While you are free to market Zohwa Cosmetics on your site, the promotion of the Zohwa brand may be percieved by the public as a joint effort. Please be aware that certain forms of advertising are prohibited by Zohwa Cosmetics Limited. Please abide by the following guidelines when planning your marketing efforts:
3.1. "Zohwa" cannot be used as a part of any influencers website domain name, blog, Facebook account, Youtube channel, Twitter username, Instagram handle or any URL associated with the influencer account.
3.2. Advertising commonly referred to as spamming is unacceptable to Zohwa Cosmetics Limited and could damage our name. Influencers must abide by all state and federal consumer protection laws and regulations. We reserve the right to terminate our relationship with any non-compliant influencers. Any pending commissions owed will not be paid if your account is terminated due to spamming or solicitation.
3.3. You may use mailings to contact your customers so long as the recipient is already a customer or subscriber of your services or website and the recipient had the option to opt-out of future mailings by themselves.
3.4. Influencers may not use the Zohwa domain and/or URLs including but not limited to zohwacosmetics.com; as the display domain or URL in any advertisement - when engaging in paid search engine advertisements, influencers must use their own domain name and/or URL in their advertisements.
3.5. You may not make an misleading or false statements in your campaigns. To avoid conflicts and to protect the integrity of the Zohwa brand, Zohwa Cosmetics Limited reserves the right to suspend and influencers activities and thus their commissions for phrases that Zohwa Cosmetics Limited determines to be untrue or inflammatory claims on our products, services or websites.
3.6. Influencers are only permitted to use active coupon codes provided exclusively through the Zohwa Cosmetics affiliate program. Influencers are not permitted to promote unauthorised coupon codes, other influencers coupon codes, codes provided in customer-oriented newsletters or other promotional codes from sigma non-influencer program marketing efforts
3.7. Promotion language must be simple, easy to understand and should include the offer (x % off) and the coupon code. Influencers are not allowed to use bait and switch language, misinterpretations or false advertising when promoting offers. Publishers must remove invalid coupons or make it clear that readers when codes have expired
4. Grants and Licences
Each party agrees not to use the others proprietary materials in any manner that is disparaging, misleading, obscene or 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 license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
ZOHWA COSMETICS LIMITED MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, ZOHWA COSMETICS SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ZOHWA COSMETICS' ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
6. Representations and Warranties
You represent and warrant that:
6.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
6.2. You have the full right, power, and authority to enter into and 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;
6.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.
7. Limitation 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 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 ZOHWA COSMETICS LIMITED’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
You hereby agree to indemnify and hold harmless Zihwa Cosmetics Limited, and its subsidiaries and influencers, and their directors, officers, employees, agents, partners, 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") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the influencer trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any 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 related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You will receive commission for sending authorised sales via your affiliate code. In order to advertise an influencer code you must first be approved by Zohwa Cosmetics Limited to become an affiliate. Payout rates may be changed at anytime and may be viewed in your monthly affiliate report. It is your responsibility to determine if the payout rates have been changed or discounted. Monthly affiliate reports are sent out in the 3rd week of each month and payments are made within 7 days of receiving the reports. Your account does not accrue interest.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Zohwa Cosmetics Limited's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Zohwa Cosmetics Limited's Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
12. Revocation of Affiliation
Affiliation can be ended at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this agreement will terminate immediately upon any breach of this agreement by you. If Zohwa Cosmetics affiliation is revoked, you cannot rejoin the program in the future