{"terms": {"en": {"terms": "

AFFILIATE AGREEMENT

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This Affiliate\nAgreement (Agreement) is made between you (You) and Adore Beauty\nPty Limited ABN 38 123 655 783 (Adore Beauty, We or Us)\nand governs Your participation in the Affiliate Program, including through the\nuse of the Partnerize platform.

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Neither Performance\nHorizon Group Pty Ltd. t/a Partnerize ABN 73 159 461 122 (Partnerize) nor\nany of its corporate affiliates are parties to this Agreement.

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You are\nresponsible for assuring that Your employees, agents and contractors (if any)\ncomply with this Agreement.

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In\nconsideration of the promises set forth below, each party agrees as follows:

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1. \nOffers and Engagements

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1.1 \nFrom time to time, We may post\non the Partnerize platform offers (each, an Offer) to pay to other participants\na specified commission in return for certain advertising services leading to a\nQualifying Link (as defined below).

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1.2 \nIf You accept one of our\nOffers:

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1.2.1 \nYou agree that You will be\ndeemed to have executed, and will be bound by, this Agreement; and

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1.2.2 \nwe will have entered into an\n‘Engagement’.

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1.3 \nEach Engagement shall have the\nsame identification number as the original Offer that lead to the Engagement\nand shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency\nbetween the terms of the specific Engagement and the terms of this Agreement,\nthe terms of the Engagement shall prevail.

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1.4 \nAt any time prior to You\ndisplaying a Qualifying Link on one of Your websites or social media pages,\nAdore Beauty may, with or without notice:

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1.4.1 \nchange, suspend or discontinue\nany aspect of an Offer or an Engagement; or

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1.4.2 \nremove, alter, or modify any\ngraphic or banner ad that We have submitted for an Offer or an Engagement.

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1.5 \nYou agree to promptly implement\nany request from Us to remove, alter or modify any such graphic or banner ad.

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2. \nYour general responsibilities

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2.1 \nYou hereby agree:

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2.1.1 \nto comply with all applicable\nlaws;

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2.1.2 \nthat the position, prominence\nand nature of links on Your site/page shall comply with any requirements\nspecified in the Engagement, but otherwise will be in Your discretion; and

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2.1.3 \nnot to make any\nrepresentations, warranties or other statements concerning Us, Our site, any of\nOur products, or Our site policies, except as expressly authorised by the\nEngagement.

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2.2 \nYou are responsible for\nnotifying Us and Partnerize of any malfunctioning of the URLs specified in the\nEngagement (Required URLs) or other problems with Your participation in\nthe Engagement. We will respond promptly to all concerns upon receipt of Your\nnotification.

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3. \nWebsite/social media page\nrestrictions

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Your participating site(s)/page(s) must not:

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3.1 \ninfringe on our or any anyone\nelse’s intellectual property, publicity, privacy or other rights;

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3.2 \nviolate any law, rule or\nregulation;

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3.3 \ncontain any content that is\nthreatening, harassing, defamatory, obscene, harmful to minors, or contains\nnudity, pornography or sexually explicit materials.

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3.4 \ncontain any viruses, trojan horses,\nworms, time bombs, cancelbots, or other computer programming routines that are\nintended to damage, interfere with, surreptitiously intercept or expropriate\nany system, data, or personal information; or

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3.5 \ncontain software or use\ntechnology that attempts to intercept, divert or redirect internet traffic to\nor from any other website, or that potentially enables the diversion of\naffiliate commissions from another website. This includes toolbars, browser\nplug-ins, extensions and add-ons.

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4. \nLinking to Our website

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4.1 \nYou must only use linking code\nobtained from the Partnerize platform without manipulation.

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4.2 \nAll domains that use your\naffiliate link must be listed in your affiliate profile.

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4.3 \nYour site/page must not in any\nway copy, resemble, or mirror the look and feel of our Website and you must not\nuse any of our trademarks other than as expressly provided for in this\nAgreement. You must also not use any means to create the impression or confuse\nconsumers that your website/page is Our website or any part of Our website\nincluding, without limitation, framing of Our website in any manner.

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4.4 \nYou may not engage in cookie\nstuffing or include pop-ups, false or misleading links on your site/page. In\naddition, wherever possible, you must not attempt to mask the referring URL information\n(i.e. the page from where the click is originating).

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4.5 \nUsing redirects to bounce a\nclick off of a domain from which the click did not originate in order to give\nthe appearance that it came from that domain is prohibited.

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4.6 \nIf you are found redirecting\nlinks to hide or manipulate their original source, your current and past\ncommissions will be voided or your commission level will be set to $0. This\ndoes not include using “out” redirects from the same domain where the affiliate\nlink is placed.

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5. \nPPC guidelines

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5.1 \nIt is a condition of the\nEngagement that you agree not to:

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5.1.1 \nbid on the brand names,\ntrademarks or misspellings of Adore Beauty in SEM campaigns;

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5.1.2 \nuse the brand name, trademarks\nor misspellings of Adore Beauty in SEM advertising copy;

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5.1.3 \nuse the brand name, trademarks\nor misspellings of Adore Beauty in any display URL, domain names, subdomains or\nusernames;

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5.1.4 \nhijack Adore Beauty URL or any\nURL owned by Adore Beauty in any SEM\ncampaigns. Meaning you cannot link directly to the advertiser’s website;

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5.1.5 \nutilize disposable URLS and\n“front” websites in any SEM campaigns;

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5.1.6 \nsquat on any URL owned by Adore\nBeauty, trademarks, or misspellings thereof; or

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5.1.7 \ndirect link to Our website from\nany Pay Per Click ad or use redirects that yield the same result. Affiliate\nlinks must be directed to an actual page on Your site/page.

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5.2 \nIf you automate your PPC\ncampaigns, it is your responsibility to exclude Our Marks (as defined below) from\nyour program and we strongly suggest you add our Marks as negative keywords. We\nhave a strict no tolerance policy on PPC trademark bidding. You will forfeit\nall commissions for a minimum of the past 30 days and your commission will be\nset to $0 without warning if you engage in PPC trademark bidding that uses Our\nbrand names, trademarks or misspellings of Adore Beauty.

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6. \nKeyword Bidding

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6.1 \nYou are not permitted to use\nany of Marks, including misspells and other variants to gain preferential\nlistings on Google, Yahoo, MSN, Facebook or any other network.

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6.2 \nYou are not permitted to use\n'branded term + generic terms' to gain preferential listings on Google, Yahoo\nand MSN. For example 'Merchant Name' or 'Clothes for Merchant Name'.

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6.3 \nYou are permitted to use any\ngeneric keywords that do not relate to Us. Examples would include 'jeans'\n't-shirts' 'jumpers'.

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6.4 \nIt is your responsibility to\nseek the advice of Partnerize if you are unsure of what keyword bidding you are\npermitted to do whilst participating in the Engagement.

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6.5 \nYou are not permitted to bid on\ncompetitor's brand terms to drive traffic to the Required URLs.

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6.6 \nWe would like to remind You of\nthe dangers of Google's extended/expanded broad match functionality and would\nstrongly recommend including the term 'Adore Beauty' as a negative keyword on\nall campaigns in order to negate the risk of appearing on 'Adore Beauty' brand\nterms.

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7. \nSocial Media

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7.1 \nYou must not post your\naffiliate links on Adore Beauty’s or any related entities’ Facebook, Twitter,\nPinterest, etc. company pages in an attempt to turn those links into affiliate\nsales.

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7.2 \nYou must not run Facebook paid\nads with Adore Beauty or its related entities’ Marks (as defined below).

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7.3 \nYou must not create a social\nmedia account that includes Adore Beauty’s or its related entities’ trademarks\nin the page name and/or username.

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8. \nDisplay URLs

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8.1 \nYou are not permitted to use\nthe word 'Adore Beauty' in your display URLs in any text ad, for example:\n'www.adorebeauty.com', 'adorebeauty.com' or ‘'www.adorebeauty.com.au.'

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8.2 \nYou are not permitted to use\nmisspellings, or upper/lower case variants of the above.

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9. \nCommissions

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9.1 \nWe agree to pay to You the\ncommission specified in the Engagement if We sell to a visitor to Our site (Customer)\na product that is the subject of the Engagement and if that Customer has\naccessed Our site and purchased the product or service via a Qualifying Link.

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9.2 \nA ‘Qualifying Link’ is a link\nfrom Your site to Our site using one of the Required URLs or any other URL\nprovided by Us for use in the Partnerize platform if it is the last link to Our\nsite that the Customer uses during a Session where a sale of a product or a\nservice to Customer occurs. A ‘Session’ is the period of time beginning from a\nCustomer's initial contact with Our site via a link from Your site/page and\nterminating when the Customer either returns to Our site via a link from a site\nother than Your site/page or the Engagement expires or is terminated.

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9.3 \nWe shall have the sole right\nand responsibility for processing all orders made by Customers. You acknowledge\nthat all agreements relating to sales to Customers shall be between Us and the\nCustomer.

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9.4 \nAll determinations of\nQualifying Links and whether a commission is payable will be made by Partnerize\nand will be final and binding on both You and Us. Prices for the products will\nbe set solely by Us in Our discretion.

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9.5 \nAll clicks must first land on\nYour site/page, and the user must click from Your site/page to the Required URL\nin order for there to be a Qualifying Link.

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9.6 \nClicks must never land directly\non the Required URLs.

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10. \nIP ownership and Licenses

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10.1 \nEach party owns and shall\nretain all right, title and interest in its names, logos, trademarks, service\nmarks, trade dress, copyrights and proprietary technology, including, without\nlimitation, those names, logos, trademarks, service marks, trade dress,\ncopyrights and proprietary technology (Marks) currently used or which\nmay be developed and/or used by it in the future.

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10.2 \nWe grant to You a revocable,\nnon-exclusive, worldwide license to use, reproduce and transmit the Marks as\ndesignated in the Engagement or during the registration process in the\nPartnerize platform, on Your site/page solely for the purpose of creating links\nfrom Your site(s)/page(s) to Our site(s) during Engagements. Except as\nexpressly set forth in this Agreement or permitted by applicable law, You may\nnot copy, distribute, modify, reverse engineer, or create derivative works from\nthe same. You may not sublicense, assign or transfer any such licenses for the\nuse of the same, and any attempt at such sublicense, assignment or transfer is\nvoid.

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10.3 \nYou grant to Us a\nnon-exclusive, worldwide, royalty-free license to use, reproduce and transmit\nany graphic or banner ad submitted by You solely for co-branding purposes or as\na return link from Our site(s) to Your site(s)/page(s). We will remove such\ngraphic or banner ad upon Your request.

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11. \nTermination

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11.1 \nEither party may terminate any\nEngagement at any time by deleting their acceptance of the Engagement through\nthe Partnerize platform. Termination of an Engagement shall not terminate this\nAgreement or any other Engagement.

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11.2 \nEither party may terminate this\nAgreement at any time, for any reason, provided that they provide at least five\ndays prior written notice of such termination to the other party and to\nPartnerize through the platform.

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11.3 \nTermination of this Agreement\nwill also terminate any outstanding Engagements. However, all rights to payment, causes of action\nand any provisions which by their nature are intended to survive termination,\nshall survive termination of this Agreement.

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12. \nDisclosure requirements\nregarding commercial relationship with Adore Beauty

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12.1 \nYou must include a disclosure\nstatement within any and all pages, blog/posts, or social media posts where\naffiliate links for our affiliate program are posted as an endorsement or\nreview, and where it is not clear that the link is a paid advertisement. This\ndisclosure statement should be clear and concise, stating that we are\ncompensating you for your review or endorsement. If you received the product\nfor free from us or from the affiliate management team for review, this also\nmust be clearly stated in your disclosure.

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12.2 \nDisclosures must be made at the\nbeginning of the claims and may not appear solely in a “Terms of Use”, “Legal”,\n“About Us” or other linked page.

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12.3 \nDisclosures should be placed\nabove the fold; scrolling should not be necessary to find the disclosure. (e.g.\ndisclosure should be visible before the jump).

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12.4 \nPop-up, hover state and button\ndisclosures are prohibited.

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12.5 \nDisclosure policy applies to\nall social media, even when space is restricted (e.g., tweets).

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12.6 \nDisclosures should be made in\nthe same medium as the claim (e.g. video, text).

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12.7 \nYou must comply with the\nAustralian Consumer Law and not make false or misleading representations\nregarding your commercial relationship with Adore Beauty.

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13. \nPrivacy/data protection

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Our Privacy Policy is set out on our website\nat https://www.adorebeauty.com.au/privacy.html and applies to you and your\nsite(s)/page(s) specified in the Engagement. It is a condition of the\nEngagement that you agree that you have read the Privacy Policy and consent to\nthe handling of your personal information as described in that policy. If you provide\npersonal information to us about any individual (including through your\nparticipation in the Affiliate Program), you must first ensure that the third\nparty agrees, having been made aware of the Privacy Policy.

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14. \nWarranty, disclaimer and\nindemnity

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Each party warrants and represents to the\nother that:

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14.1 \nit has the authority to enter\ninto this Agreement and sufficient rights to grant any licenses granted hereby;\nand

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14.2 \nany material which is provided\nto the other party and displayed on the other party's site/page must not:

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14.2.1 infringe on any third party's copyright, patent, trademark, trade\nsecret or other proprietary rights or right of publicity or privacy;

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14.2.2 violate any applicable law, statute, ordinance or regulation;

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14.2.3 be defamatory or libelous;

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14.2.4 be lewd, pornographic or obscene;

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14.2.5 violate any laws regarding unfair competition, antidiscrimination or\nfalse advertising; or

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14.2.6 promote violence or contain hate speech.

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14.3 \nExcept for the above warranties\nand representations We make no express or implied warranties or representations\nwith respect to the Affiliate Program or any products sold through the\nAffiliate Program (including, without limitation, warranties of fitness,\nmerchantability, noninfringement, or any implied warranties arising out of a\ncourse of performance, dealing, or trade usage). In addition, we make no\nrepresentation that the operation of Our website will be uninterrupted or\nerror-free, and we will not be liable for the consequences of any interruptions\nor errors.

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14.4 \nEach party hereby agrees to\nindemnify, defend and hold harmless the other party and its publishers,\ndirectors, officers, employees and agents, from and against any and all\nliability, claims, losses, damages, injuries or expenses (including reasonable\nattorneys' fees) brought by a third party, arising out of a breach, or alleged\nbreach, of any of its warranties, representations or obligations herein.

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15. \nLimitation of Liability

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15.1 \nIn no event shall either party\nbe liable to the other party for any consequential or incidental damages, even\nif informed of the possibility of such damages.

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15.2 \nTo the extent permitted by law, in no event shall\nAdore Beauty’s liability to you arising out of or related to this Agreement\nexceed the total commission fees paid to you under this Agreement.

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16. \nConfidentiality

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16.1 \nSubject to clause 18.2, You\nmust keep confidential the existence of the terms of this Agreement, all\nnegotiations between us in relation to the subject matter of this Agreement and\nall other information given to You under this Agreement.

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16.2 \nYou may disclose the terms of\nthis Agreement:

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16.2.1 to Your professional advisers, auditors or bankers; and

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16.2.2 to comply with any law or requirement of any court or regulatory\nbody.

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17. \nGeneral

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17.1 \nBy providing reasonable prior\nnotice to You, We may vary, change, delete or add to this Agreement. We may\ngive such notice by publishing the relevant information within the most current\nversion of this Agreement.

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17.2 \nEach party shall act as an\nindependent contractor and shall have no authority to obligate or bind the\nother in any respect. Nothing in this Agreement is to be construed as creating\na relationship of employment, trust agency, fiduciary, joint venture or\npartnership between the parties.

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17.3 \nThis Agreement is governed by\nthe laws of Victoria, Australia and the parties irrevocably submit to the non-exclusive\njurisdiction of the courts exercising jurisdiction in Victoria and the\nVictorian division of the Federal Court of Australia (Melbourne Registry).

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17.4 \nThe provisions of this\nAgreement are independent of and separable from each other, and no provision\nshall be affected or rendered invalid or unenforceable by virtue of the fact\nthat for any reason any other or others of them may be invalid or unenforceable\nin whole or in part.

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17.5 \nEach party must do, at its own\nexpense, everything reasonably necessary (including executing and delivering\ndocuments) to give full effect to this Agreement and any transaction\ncontemplated by it.

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17.6 \nA party does not waive a right,\npower or remedy if it fails to exercise or delays in exercising the right,\npower or remedy. A single or partial\nexercise of a right, power or remedy does not prevent another or further\nexercise of that or another right, power or remedy. A waiver of a right, power or remedy must be\nin writing and signed by the party giving the waiver. A waiver is limited to the specific instance\nto which it relates and to the specific purpose for which it is given.

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Effective Date: July 2020

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Adore Beauty\nis Australia’s longest-running online beauty store, and an official stockist of\nover 200 leading global beauty brands. We give fast, easy access to our massive\nrange of products (over 13,000, last time we counted!) from premium to\neveryday. Think of us like your straight up beauty BFF.

\n\n\n\n\n\n
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