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

MR PORTER Affiliate Terms & Conditions \r

These terms and conditions set out the rights and obligations which will form the legal agreement \r

("this Agreement") between you ("Affiliate") and THE NET A PORTER GROUP LIMITED (trading as \r

MR PORTER) whose registered office is 1 The Village Offices, Westfield, Ariel Way, London, W12 \r

7GF ("MR PORTER").\r

This Agreement shall supplement the Partnerize Terms and Conditions (the “Partnerize Terms”) \r

entered into between Affiliate and Performance Horizon Group Limited t/a Partnerize (“Partnerize”), \r

which shall together govern your participation in the MR PORTER Affiliate Program (defined below). \r

Upon validation and acceptance by MR PORTER of an Affiliate's application to join the MR PORTER \r

Affiliate Program (as defined below), MR PORTER will communicate its acceptance of the Affiliate's \r

application to the Affiliate at which time this Agreement will take effect immediately.\r

1 Definitions\r

In this Agreement the following terms have the following meanings:\r

“Additional Web Based Tools and Functionality” shall include but not be limited to the use of: (i)\r

toolbars, (ii) browser extensions,(iii) pop ups, (iv) hidden links, (v) tools or software that intercept webbased searches, redirect traffic and/or overwrite commission tracking cookies; as well as (vi) any \r

other parasitic marketing tools or software whether now known or hereafter developed which have as \r

their intention or effect, the ability to overwrite either genuine Transactions via the MR PORTER \r

Website or other MR PORTER endorsed affiliate links, and falsely attribute such Transactions to the \r

Affiliate.\r

"Affiliate Commission" or "Commission" the compensation the Affiliate may earn on Transactions;\r

"Affiliate Website" the internet website(s) owned or operated by the Affiliate;\r

“Agreed Purposes” the interaction between the parties in relation to the Affiliate’s participation in the \r

MR PORTER Affiliate Program;\r

"Chargeback" the cancellation of Commission due to the Affiliate (if not already paid) or refund of \r

Commission in respect of Returned Items or Cancelled Items (as defined below), as well as in respect \r

of a Transaction where there has been a fraud or suspected fraud on the part of either the Affiliate or \r

a Visitor, or for any other circumstances specified by MR PORTER;\r

"Commencement Date" the date on which MR PORTER or Partnerize informs the Affiliate that the \r

Affiliate's application to join the MR PORTER Affiliate Program has been successful;\r

"Confidential Information" all information or data (whether oral, visual, recorded in writing, in any other \r

medium or by any other method) disclosed to or obtained by one Party from the other or from a third \r

party, including without limitation any information relating to a Party's operations, processes, plans, \r

intentions, price lists, pricing structures, Intellectual Property Rights, market opportunities, customers \r

and business affairs;\r

"Control" the power of a person or group of persons acting together, to secure: i) by means of the \r

holding of shares or the possession of voting power in or in relation to that or any other company; and \r

ii) by virtue of any powers conferred by the articles of association or other document regulating that or \r

any other body corporate; that the affairs of the first body corporate are conducted in accordance with \r

the wishes of that person;\r

“Controller”, “data controller”, “processor”, “data processor”, “data subject”, “personal data”, \r

“processing” and “appropriate technical and organisational measures” as set out in the Data \r

Protection Legislation in force at the time. \r

“Data Protection Legislation” means (a) the Data Protection Act 2018; (b) Regulation (EU) 2016/679 of \r

the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with \r

regard to the processing of personal data and on the free movement of such data (General Data \r

Protection Regulation) including the recitals or equivalent legislation; and all other applicable laws \r

(including judgments of any relevant court of law) and regulations relating to the processing of personal \r

data, data privacy, electronic communications, marketing and/or data security, in each case as \r

amended, extended or re-enacted from time to time;\r

“EIP” means those MR PORTER customers designated as Extremely Important Persons;\r

“EIP Non-Loyalty Sales” means any sale to an EIP, where the sale is not via a MR PORTER loyalty \r

programme;\r

"Intellectual Property Rights" any patents, rights to inventions, copyright and related rights, \r

trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing \r

off, unfair competition rights, rights in designs, rights in computer software, database rights, \r

topography rights, rights in confidential information (including know-how and trade secrets) and any \r

other intellectual property rights, in each case whether registered or unregistered and including all \r

applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or \r

equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of \r

the world;\r

“Last Touch Email” means a Transaction which was attributed on a last-click basis to Mr PORTER’s \r

own email marketing channel rather than the MR PORTER Link;\r

"MR PORTER Affiliate Program" the Affiliate scheme arranged and operated by MR PORTER in \r

association with Partnerize;\r

"MR PORTER Campaign Page" the information page hosted by Partnerize on MR PORTER's behalf \r

which sets out the amount of the Affiliate Commission and other commercial terms of the MR \r

PORTER Affiliate Program;\r

"MR PORTER Link" a hypertext link incorporating the Tracking Code and any MR PORTER Mark or \r

MR PORTER’s other Intellectual Property Rights which allows Visitors to move directly from the \r

Affiliate Website to the MR PORTER Website in the format set out in the Service Website’s members’ \r

area’s user interface (which is available via a link from the MR PORTER Campaign Page);\r

"MR PORTER Marks" the trade marks, logos, text and other marks licensed to the Affiliate by MR \r

PORTER for the purpose and duration of this Agreement;\r

"MR PORTER Website" the internet website owned or operated by MR PORTER being located at \r

www.MR PORTER.com or such other address as MR PORTER may from time to time inform the \r

Affiliate of and where Visitors may carry out Transactions;\r

"Party" a party to this Agreement;\r

“Permitted Recipients” the parties to this agreement, the employees of each party and any third \r

parties engaged to perform obligations in connection with this Agreement;\r

“Reseller Sales“ means where a Transaction occurs through the MR PORTER Link that is deemed by \r

MR PORTER to be for resale to third parties and/or beyond the quantities expected for personal use;\r

"Returned Items" & "Cancelled Items" Orders returned or cancelled in accordance with MR \r

PORTER'S return and cancellation policy which can be found under 'about us' on the MR PORTER \r

Website. The refund period for returns is 28 days or such other period as may be set out in MR \r

PORTER’s returns policy or MR PORTER Website from time to time (the “Returns Period”). \r

"Service Website" the website maintained by Partnerize at http://console.partnerize.com/\r

“Shared Personal Data” the personal data to be shared between the parties under this agreement. \r

Shared Personal Data shall be confined to the following categories of information relevant to the \r

following categories of data subject: First Name; Last Name; Email Address; each belonging to the \r

Affiliate and/or its representatives or employees where applicable who interact with the Service \r

Website through the course of the Affiliate’s participation in the MR PORTER Affiliate Program; \r

"Tracking Code" the tracking code used by Partnerize to track and monitor various internet usage \r

patterns including without limitation the Affiliate's performance in referring Visitors from the Affiliate \r

Website to the MR PORTER Website and recording which of those referrals result in Transactions;\r

"Transaction" a purchase made via the MR PORTER Website; and\r

"Visitor" a person who uses the MR PORTER Link created pursuant to this Agreement to be \r

transferred from the Affiliate's Website or a subscription e-mail sent by the Affiliate to the MR \r

PORTER Website;\r

1 Interpretation\r

1.1 In this Agreement unless the context requires otherwise:\r

1.1.1 references to a Clause are to a clause of this Agreement;\r

1.1.2 references to this Agreement are to this Agreement as amended from time to time in \r

accordance with the notice provision in Clauses 16 & 19.1;\r

1.1.3 the singular includes the plural and vice versa; references to any gender include every gender; \r

and references to persons include corporations, partnerships and other unincorporated associations \r

or bodies of persons;\r

1.1.4 all headings are for convenience, have no legal effect and should be ignored when interpreting \r

this Agreement;\r

1.1.5 the words "other", "including" and "in particular" do not limit the generality of any preceding \r

words;\r

1.1.6 a reference to any provision of any enactment will be construed as a reference to that provision \r

or enactment as amended, re-enacted or extended at the relevant time; and\r

1.1.7 unless the contrary appears any right or power conferred by this Agreement may be exercised \r

and any duty or obligation imposed by this Agreement is to be performed, from time to time, as \r

occasion requires.\r

2 General\r

2.1 Subject to the terms of this Agreement, the Affiliate agrees to promote MR PORTER by making \r

available on the Affiliate's Website the MR PORTER Link and MR PORTER agrees to pay Partnerize \r

the Affiliate Commission which shall then be paid by Partnerize to the Affiliate.\r

2.2 The terms of the MR PORTER Campaign Page are expressly incorporated into this Agreement. In \r

the event of any conflict between the terms of this Agreement, the Partnerize Terms and the MR \r

PORTER Campaign Page, the terms of this Agreement shall prevail.\r

2.3 Notwithstanding the generality of Clause 2.2 above, the following clauses of the Partnerize Terms \r

will not apply to the Affiliate in respect of the MR PORTER Affiliate Program:\r

2.3.1 Clauses 5.4(a)(iii) and 5.4(b)(ii) regarding unclaimed Commission;\r

3 Commencement\r

3.1 This Agreement shall commence on the Commencement Date and shall continue until terminated \r

upon five (5) days written notice by either Party to the other through the Service Website members’ \r

area’s user interface.\r

4 Your Use of the MR PORTER Link\r

4.1 Subject to the licence granted to the Affiliate under Clause 4.2 below, MR PORTER reserves all of \r

its rights, title and interest in its Intellectual Property Rights in the MR PORTER Link and the MR \r

PORTER Website, including the MR PORTER Marks.\r

4.2 MR PORTER grants to the Affiliate during the term of this Agreement a non-exclusive, royaltyfree, world-wide licence to use, reproduce and display the MR PORTER Link and use the MR \r

PORTER Marks on the Affiliate's Website solely for the purposes envisaged by this Agreement. Any \r

other use of the MR PORTER Link by the Affiliate or any other link or connection to the MR PORTER \r

Website, MR PORTER Marks, or MR PORTER’s other Intellectual Property Rights not covered by this \r

Clause 4.2 are expressly excluded.\r

4.3 The Affiliate shall only use the MR PORTER Link obtained through the Service Website’s\r

members' area’s user interface (which is available via a link from the MR PORTER Campaign Page) \r

to link to the MR PORTER Website.\r

4.4 The Affiliate shall post the MR PORTER Link on the Affiliate Website and shall, except with the prior \r

written consent of MR PORTER, have no right to display the MR PORTER Link other than in the format \r

obtained by the Affiliate from MR PORTER through the Service Website’s members’ area’s user \r

interface.\r

4.5 MR PORTER may in its sole discretion, from time to time, change the appearance or style of the \r

MR PORTER Link or MR PORTER Marks and such MR PORTER Link or MR PORTER Marks shall \r

be dynamically modified by MR PORTER or Partnerize on MR PORTER's behalf, or Partnerize shall \r

on MR PORTER's behalf make available to the Affiliate an amended MR PORTER Link on the MR \r

PORTER Campaign Page via the Service Website’s members' area’s user interface or provide details \r

of the amended MR PORTER Marks. The Affiliate agrees to only use the most up to date version of \r

the MR PORTER Link and/or MR PORTER Marks for the purposes set out in this Agreement and \r

shall remove any MR PORTER Link or MR PORTER Marks as instructed by MR PORTER or \r

Partnerize from time to time that are no longer current.\r

4.6 The Affiliate acknowledges that the Intellectual Property Rights of MR PORTER (including without \r

limitation the MR PORTER Link and MR PORTER Marks) are and shall remain the sole and exclusive \r

property of MR PORTER. Any goodwill associated with any such rights shall inure exclusively for the \r

benefit of MR PORTER.\r

4.7 The Affiliate agrees not to use the MR PORTER Link or MR PORTER Marks in a manner that \r

disparages MR PORTER, or its products or services, or portrays MR PORTER and/or its products or \r

services in a false light. The Affiliate will comply with MR PORTER's requests as to the use of the MR \r

PORTER Link or Intellectual Property Rights (including the MR PORTER Marks) and will not \r

knowingly take any action that diminishes the value thereof.\r

4.8 The Affiliate agrees not to reproduce or store all or any part of the MR PORTER Website in any \r

form on the Affiliate's Website or on any other website or other electronic retrieval system.\r

5 Affiliate Warranties\r

5.1 The Affiliate represents and warrants to MR PORTER that:\r

5.1.1 The Affiliate shall not register, lodge or supply with or to any internet search engine or like \r

service or bid on any keywords or adwords the terms "mr porter", "MR PORTER", "mrporter", "MR \r

PORTER.com", "mrporter.com", "www.mrporter.com", "m porter", "m porter.com", "mr-porter", \r

"www.MR PORTER", www.mr-porter.com", "m rporter", "m-r-porter", "www.mrporter", "m r \r

porter.com", "m r porter com", "www.mrporter.co.uk", "www.mr-porter.co.uk", "MR PORTER com", \r

"mr.porter", "www.MR PORTER-com", "http://www.MR PORTER.com", "mr_porter", "mr proter", "mr \r

porte", "mr prote", "MR PORTER.co.uk” or any other phrase which could be confused intentionally or \r

otherwise, with the word "MR PORTER" unless otherwise agreed in writing by MR PORTER;\r

5.1. 2 The Affiliate shall not register, lodge or supply with or to any internet search engine or like \r

service or bid on keywords or adwords for the terms or phrases which could be confused intentionally \r

or otherwise, with the designers listed on MR PORTER'S designer page (http://www.MR \r

PORTER.com/Shop/AZDesigners) unless otherwise agreed in writing by MR PORTER;\r

5.1.3 The Affiliate shall not use any form of incentive for Visitors to click on the MR PORTER Link \r

without the prior written agreement of MR PORTER;\r

5.1.4 The Affiliate shall not use an internet search engine or like service to provide links directly to the \r

MR PORTER Website, other than through the MR PORTER Link in accordance with the terms of this \r

Agreement;\r

5.1.5 The Affiliate shall not, without the prior written consent of MR PORTER:\r

5.1.5.1 create, install, switch on or make available to customers of MR PORTER any Additional Web \r

Based Tools and Functionality. \r

5.1.5.2 sign up as a partner or agent to the Google Comparison Shopping Service on behalf of MR \r

PORTER, the MR PORTER Website, or in respect of any MR PORTER products.\r

5.1.6 If the Affiliate uses an internet search engine or alike service to provide links to the Affiliate's \r

Website, the Affiliate shall not register, lodge or supply with or to any such internet search engine or \r

like service any terms which infringe the Intellectual Property Rights of any third party or any terms \r

which are associated with or are the name or logo of MR PORTER's direct or indirect competitors and \r

suppliers and the Affiliate shall fully indemnify and keep MR PORTER fully indemnified against all \r

loss, damages, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever \r

nature which MR PORTER may suffer or incur as a result of breach of this warranty;\r

5.1.7 The Affiliate shall ensure that no other web pages, links or other pop-up boxes appear on a \r

Visitor's screen when MR PORTER's Link is used and that the only web page that appears on the \r

Visitor's screen following the use of the MR PORTER Link is the MR PORTER Website’s homepage;\r

5.1.8 The Affiliate shall not participate as an Affiliate on behalf of MR PORTER or enter into a similar \r

arrangement on MR PORTER's behalf other than as provided under this Agreement;\r

5.1.9 The Affiliate will do nothing that would detrimentally affect MR PORTER or MR PORTER's good \r

name and/or reputation and shall fully indemnify and keep MR PORTER fully indemnified against all \r

loss, damages, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever \r

nature which MR PORTER may suffer or incur as a result of breach of this warranty; and\r

5.1.10 The Affiliate will comply in all respects with any obligations the Affiliate may have under the \r

Data Protection Legislation and more specifically, its obligations under clause 5.4 below.\r

5.2 Further, in respect of the Affiliate's Website, the Affiliate represents and warrants that it:\r

5.2.1 will comply with all applicable laws and regulations;\r

5.2.2 including, without limitation, the domain name, will not infringe any Intellectual Property Rights of \r

a third party;\r

5.2.3 will not libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the \r

rights of any person or third party;\r

5.2.4 will not contain any defamatory, pornographic or unlawful content; \r

5.2.5 will not link directly to any material which is in breach of the provisions of this Agreement; or\r

5.2.6 will not falsely advertise promotional codes, discounts or similar.\r

5.2.7 will not promote the following brands Prada, Stone Island, IWC, Chavret, Dries Van Noten, \r

Cartier and Aime Leon Dore.\r

5.3 Where an Affiliate is Californian and/or operating in California, then in relation to the Sales and \r

Use Tax Regulation 1684 (“Regulation 1684”), it warrants and represents that: \r

5.3.1 it shall not engage in marketing activities that the California Board of Equalization would deem \r

as “solicitation” directly targeted to California consumers in order to be compliant with Regulation \r

1684 that was enacted on September 15, 2012. \r

5.3.2 Under the terms of Regulation 1684, it agrees not to engage in certain marketing practices that \r

are deemed “solicitation” activities directly targeted to California consumers. Solicitation is defined as \r

“a direct or indirect communication to a specific person or specific persons done in a manner that is \r

intended to and calculated to incite the person or persons to purchase tangible personal property from \r

a specific retailer or retailers.” (Section (c)8(E) of Regulation 1684)\r

5.3.3 However, despite Clause 5.3.2, advertising practices, which are passive in nature and do not \r

target Californians specifically, are generally acceptable under Regulation 1684.\r

5.4 Affiliates who have entered into an Affiliate agreement with MR PORTER in the state of California \r

must certify annually under penalty of perjury that they have not engaged in any prohibited solicitation \r

activities in California at any time during the previous year, and, if the Affiliate in California with whom \r

MR PORTER has an agreement is an organization, the annual certification shall also include a \r

statement from the organization certifying that the Affiliate Website includes information directed at its \r

members alerting them to the prohibition against the solicitation activities described above.\r

5.4 . Data Protection\r

5.4.1 This clause sets out the framework for the sharing of personal data between the parties as data \r

controllers. Each party acknowledges that one party (the “Data Discloser”) will regularly disclose to \r

the other party (the “Data Recipient”) Shared Personal Data collected by the Data Discloser for the \r

Agreed Purposes. \r

5.4.2. Each party shall comply with all the obligations imposed on a controller under the Data \r

Protection Legislation.\r

5.4.3. Each party shall:\r

5.4.3.1 ensure that it has all necessary consents and notices in place to enable lawful transfer of the \r

Shared Personal Data to the Data Recipient for the Agreed Purposes;\r

5.4.3.2 give full information to any data subject whose personal data may be processed under this \r

Agreement of the nature of such processing. This includes giving notice that, on the termination of this \r

Agreement, personal data relating to them may be retained by or, as the case may be, transferred to \r

one or more of the Permitted Recipients, their successors and assignees;\r

5.4.3.3 process the Shared Personal Data only for the Agreed Purposes;\r

5.4.3.4 not disclose or allow access to the Shared Personal Data to anyone other than the Permitted \r

Recipients;\r

5.4.3.5 ensure that all Permitted Recipients are subject to written contractual obligations concerning \r

the Shared Personal Data (including obligations of confidentiality) which are no less demanding than \r

those imposed by this Agreement;\r

5.4.3.6 ensure that it has in place appropriate technical and organisational measures, to protect against \r

unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or \r

damage to, personal data; and\r

5.4.3.7 not transfer any personal data outside of the European Economic Area unless the transferor \r

ensures that (i) the transfer is to a country approved by the European Commission as providing \r

adequate protection pursuant to Article 45 of the General Data Protection Regulation; (ii) there are \r

appropriate safeguards in place pursuant to Article 46 of the General Data Protection Regulation; or (iii) \r

one of the derogations for specific situations in Article 49 of the General Data Protection Regulation \r

applies to the transfer.\r

5.4.4 Each party shall assist the other in complying with all applicable requirements of Data \r

Protection Legislation. In particular, each party shall:\r

5.4.4.1 consult the other party about any notices given to data subjects in relation to the Shared \r

Personal Data;\r

5.4.4.2 promptly inform the other party about the receipt of any data subject access request;\r

5.4.4.3 provide the other party with reasonable assistance in complying with any data subject access \r

request;\r

5.4.4.4 not disclose or release any Shared Personal Data in response to a data subject access request \r

without first consulting the other party wherever possible;\r

5.4.4.5 assist the other party, at the cost of the other party, in responding to any request from a data \r

subject and in ensuring compliance with its obligations under the Data Protection Legislation with \r

respect to security, breach notifications, impact assessments and consultations with supervisory \r

authorities or regulators;\r

5.4.4.6 notify the other party without undue delay on becoming aware of any breach of the Data \r

Protection Legislation;\r

5.4.4.7 at the written direction of the Data Discloser, delete or return Shared Personal Data and copies \r

thereof to the Data Discloser on termination of this Agreement unless required by law to store the \r

personal data; \r

5.4.4.8 use compatible technology for the processing of Shared Personal Data to ensure that there is \r

not lack of accuracy from personal data transfers;\r

5.4.4.9 maintain complete and accurate records and information to demonstrate its compliance with this \r

clause; and\r

5.4.4.10 provide the other party with contact details of at least one employee as point of contact and \r

responsible manager for all issues arising out of the Data Protection Legislation, including the \r

procedures to be followed in the event of a data security breach.\r

5.4.6\r

5.4.6.1 The Affiliate shall transfer, where applicable, their employees’ and representatives’ personal \r

data (i.e. staff’s e-mail addresses) to MR PORTER for the purpose of sending them details of MR \r

PORTER’s Affiliate Program in the course of this Agreement, provided that the Affiliate has duly \r

informed its employees and representatives of such transfer to MR PORTER through a Privacy Notice. \r

5.4.6.2 The Affiliate shall promptly communicate to MR PORTER when any data subject connected to \r

the Affiliate has objected to the processing of their personal data or has left the Affiliate’s company, in \r

order for MR PORTER to remove them from any distribution list related to the Affiliate Program.\r

5.4.6.2. MR PORTER shall have the right, at its own expense, to conduct an audit of the Affiliate’s \r

compliance with this Clause 5.4, during normal business hours upon giving reasonable notice. In the \r

event of such audit, the Affiliate shall comply with the reasonable requests of MR PORTER and provide \r

access to such records.\r

6 MR PORTER’s Obligations\r

6.1 MR PORTER shall, through use of Partnerize’s services, keep detailed and up to date records of \r

all Transactions.\r

7 Affiliate’s Indemnity\r

7.1 The Affiliate undertakes that it will fully indemnify MR PORTER and keep MR PORTER fully \r

indemnified against all loss, damages, claims, demands, actions, costs, charges, expenses and \r

liabilities of whatsoever nature which MR PORTER may suffer or incur as a result of: (i) a breach or \r

negligent performance or failure in the performance by the Affiliate of the terms of this Agreement; \r

and (ii) the Affiliate’s breach of any applicable laws, including Data Protection Legislation, in its \r

performance of this Agreement.\r

8 Affiliate Commission\r

8.1 Payment of the Affiliate's Commission shall be made by MR PORTER through Partnerize in \r

accordance with the terms of this clause and the terms and conditions of MR PORTER's agreement \r

with Partnerize.\r

8.2 MR PORTER's obligation to pay the Commission shall be discharged by MR PORTER paying \r

Partnerize the Commission. Partnerize shall then be responsible for paying the Commission to the \r

Affiliate on MR PORTER's behalf. The Affiliate shall accept this payment from Partnerize as full and \r

final settlement of any and all sums payable by MR PORTER to the Affiliate under this Agreement.\r

8.3 The payment of Affiliate Commission will occur as follows:\r

8.3.1 At the end of each month, MR PORTER will approve those Transactions which have passed the \r

Returns Period (“Approved Transactions”) and mark those Transactions which are still within the \r

Returns Period as “pending” (“Pending Transactions”);\r

8.3.3 The Affiliate shall then be entitled to raise an invoice in relation to the Approved Transactions \r

only. For any Pending Transactions, the Affiliate will only be able to raise an invoice in respect of such \r

once it has passed the relevant Returns Period for that Transaction and has been approved by MR \r

PORTER.\r

8.4 Notwithstanding Clause 8.3 above, there may be some cases where Affiliate Commission is paid \r

in error or needs to be recovered from the Affiliate by MR PORTER in accordance with these terms. In \r

respect of such, the Affiliate agrees that MR PORTER may request a Chargeback provided that the \r

Chargeback is notified to the Affiliate within 30 days of the payment date of the Affiliate Commission. \r

If a Chargeback is required by MR PORTER and payment of Affiliate Commission in connection with \r

that Chargeback has already been made, such sum may be deducted from the Affiliate's Commission \r

due for the following month or the Affiliate may be required to refund the relevant Affiliate \r

Commission.\r

8.5 The Affiliate agrees that Transactions made for gift card purchases of any value on the MR \r

PORTER Website are not eligible for Commission. Any Transactions resulting from gift card \r

redemptions will be eligible for Commission. \r

8.6 Affiliate Commission may be reduced in certain circumstances at MR PORTER’s sole \r

discretion. Commission will either automatically be applied or adjustments will be made as \r

required (proactively or retroactively) to ensure the correct Commission is applied. Such \r

reduced Commission shall include, but not be limited to: 1) sales items being subject to a 3% \r

Commission; and 2) certain special items (e.g. sneakers) which MR PORTER notifies to the \r

Affiliate, from time to time, being subject to a reduced Commission, again, as notified by MR \r

PORTER to the Affiliate from time to time. \r

8.7 MR PORTER shall determine in its sole discretion whether Commission is payable to the \r

Affiliate in respect of any Transaction and shall instruct Partnerize as applicable should any \r

Transaction not qualify for Commission. For the avoidance of doubt this shall include, but not be limited to Commission not being paid on Transactions resulting from the following: 1) Last Touch Emails 2) EIP Non-Loyalty Sales 3) MR PORTER staff orders; 4) Reseller Sales; 5) Additional Web Based Tools and Functionality or the Google Comparison Shopping Service (unless expressly permitted under Clause 5.1.5) or 6) any Personal Shopping Affiliates sales and/or any other circumstance where MR PORTER believes that the Commission was obtained by the Affiliate improperly or in bad faith. 8.8 MR PORTER reserves the right to adjust the Commission at any time and on a case by case \r

basis, especially for Transactions involving sale or promotional items. In such instances, the correct \r

Commission will either automatically be applied or adjustments will be made as required (proactively \r

or retroactively) to ensure the correct Commission is applied.\r

9 Termination and Effect of Termination\r

9.1 Notwithstanding Clause 3.1 above, MR PORTER may terminate this Agreement forthwith by \r

giving written notice to the Affiliate if:\r

9.1.1 the Affiliate commits a material breach of this Agreement (other than a breach of Clause 5), \r

which is capable of remedy, and fails to remedy the breach within 14 days of written notice to do so;\r

9.1.2 the Affiliate commits a material breach of this Agreement which cannot be remedied;\r

9.1.3 the Affiliate is repeatedly in breach of this Agreement;\r

9.1.4 the Affiliate is in breach of any of the warranties set out in Clause 5;\r

9.1.5 the Affiliate is the subject of a bankruptcy order, or become insolvent, or makes any \r

arrangement or composition with or assignment for the benefit of the Affiliate's creditors, or if the \r

Affiliate goes into either voluntary (otherwise than for reconstruction or amalgamation) or compulsory \r

liquidation, or a receiver or administrator is appointed over the Affiliate's assets; or\r

9.1.6 the Affiliate undergoes a change in Control; or\r

9.1.7 the Affiliate has made any statement or done anything or otherwise conducted themselves in a \r

manner which (in the MR PORTER’s opinion) would or may adversely affect the reputation or \r

perception of MR PORTER or any brands, products or services owned by or associated with MR \r

PORTER or brings the MR PORTER, or the Affiliate into disrepute.\r

9.2 On termination:\r

9.2.1 all licences granted by MR PORTER to the Affiliate under this Agreement will immediately \r

terminate;\r

9.2.2 the Affiliate shall immediately remove the MR PORTER Link from the Affiliate's Website; and\r

9.2.3 MR PORTER shall have no obligation to pay the Affiliate any Commission which is accrued but \r

unpaid as at the date of termination if this Agreement is terminated for any of the reasons set out in \r

Clause 9.\r

10 Confidentiality\r

10.1 The Parties will at all times keep confidential all Confidential Information acquired in \r

consequence of this Agreement, except for information which becomes publicly available (other than \r

through the actions of the non-disclosing party) or where Confidential Information is bound to be \r

disclosed by law or requested by regulatory agencies or where the Confidential Information is given to \r

professional advisers where reasonably necessary for the performance of their professional services. \r

The provisions of this Clause 10.1 shall survive termination of this Agreement. \r

11 Remedies\r

11.1 The remedies available to either Party under this Agreement shall be without prejudice to any \r

other rights, either at common law or under statute, which it may have against the other Party.\r

12 Costs\r

12.1 The Parties will bear all their own costs and expenses incurred in connection with this \r

Agreement.\r

13 Relationship of the Parties\r

13.1 MR PORTER and the Affiliate are independent Parties and not the agent, representative or \r

partner of the other Party.\r

14 Waiver\r

14.1 The failure of either Party to enforce or to exercise, at any time or for a period of time, any term \r

of or any right arising pursuant to this Agreement does not constitute and shall not be construed as a \r

waiver of such terms or right and shall in no way affect that Party's right later to enforce or exercise it.\r

15 Severability \r

15.1 The invalidity or unenforceability of any term of, or any right arising pursuant to, this Agreement \r

shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or \r

unenforceable term or right did not exist.\r

16 Notices\r

16.1 Any notices served by the Parties under this Agreement may be sent by email or first class \r

recorded delivery post marked for the attention of the "Affiliate Manager" to the address supplied by \r

the relevant Party to the other Party or to any other address in the United Kingdom that the addressee \r

may notify the other Party of in writing from time to time.\r

17 Assignment\r

17.1 This Agreement is personal to the Affiliate and may not be assigned, transferred, sub-contracted \r

or otherwise parted with this Agreement or any right or obligation under it without MR PORTER's prior \r

written consent.\r

18 Force Majeure\r

18.1 Neither Party shall have liability to the other Party to the extent that its performance of its \r

obligations under this Agreement is prevented or hindered due to any circumstances outside its \r

reasonable control.\r

19 Variation\r

19.1 This Agreement (or any provision of it) may be amended upon five (5) days written notice by MR \r

PORTER to the Affiliate signed by a duly authorised representative of MR PORTER.\r

19.2 The continued performance of the Affiliate's obligations under this Agreement after the notice\r

period set out in Clause 19.1 has elapsed shall be deemed to be a binding acceptance of such \r

amendments.\r

20 Entire Agreement\r

20.1 This Agreement and the MR PORTER Campaign Page contain all the terms which the Parties \r

have agreed in relation to the subject matter of this Agreement. Neither of the Parties have been \r

induced to enter into this Agreement by a statement or promise which it does not contain save that \r

this clause shall not exclude any liability which one Party would otherwise have to the other in respect \r

of statements made fraudulently.\r

21 Enforcement by Third Parties\r

21.1 No person who is not a Party has a right to enforce any term of this Agreement under the \r

Contracts (Rights of Third Parties) Act 1999.\r

22 Law and Jurisdiction\r

22.1 The construction, validity and performance of this Agreement is governed by the laws of England \r

and the Parties accept the exclusive jurisdiction of the English Courts.\r

", "terms_id": "1100l4024"}}, "title": "Mr Porter US & CA", "camref": "1100lHwag", "is_cpc": "n", "status": "a", "test_mode": "n", "tq_enabled": "y", "campaign_id": "1100l547", "commissions": [], "description": {"en": "

WELCOME TO THE MR PORTER AFFILIATE PROGRAM

About Us

MR PORTER is a destination of discovery for men – a place to be inspired, to find connection and to explore all aspects of a stylish life. With a selection of more than 500 of the world’s most sought-after brands, we’re on a mission to provide men with everything they need to look their best, and through our content and community offering we’re helping them to feel their best, too. We believe in taking a responsible approach to style and we’re dedicated to our wider goal of helping men to lead fulfilling lives through our content and fundraising initiative, MR PORTER Health In Mind.

The MR PORTER Affiliate Program

We love teamwork. And, as a part of the NET A PORTER family, we at MR PORTER know rather a lot about it. Now, we'd love to team up with you. If you're a high-quality fashion or lifestyle website, joining our affiliate programme means you'll earn commission when your visitors buy via MR PORTER. Sound good? Read on...

What's in it for you?

Eligibility for commission on sales originating from your site within 14 days
Competitive commission on net sales, excluding shipping, taxes and returns
Fully automated data feed with bespoke feeds available on request
Brand communication - weekly affiliate communication with updates on our latest campaigns, trending products, sale alerts and service offerings
Affiliate banners and assets available via the network as well as bespoke sizes available upon request
Reporting and sales tracking
A dedicated MR PORTER Affiliate team in London
Additional collaborative opportunities around competitions, events and offline activities

Contact the Team; Sophia.Longstaff@ynap.com and Elodie.Jobson@MrPorter.com

Terms & Conditions

For our full Terms and Conditions, please see here.

Please note our Paid Search Policy which is as follows - Affiliates are prohibited from using PPC to promote MR PORTER unless written permission is given

"}, "vertical_id": 2, "advertiser_id": "1101l261", "campaign_logo": "", "cookie_period": 1209600, "cookie_status": null, "vertical_name": "Clothing/Apparel", "conversion_type": "sale", "destination_url": "https://www.mrporter.com/", "default_currency": "USD", "publisher_status": "a", "allow_deep_linking": "y", "reporting_timezone": "America/Santiago", "associated_campaigns": "1101l562,1011l626,1100l549,1011l627,1100l550,1100l548,1100l547", "promotional_countries": [{"iso": "US", "name": "United States"}], "custom_commission_rate": 15, "allow_third_party_pixel": "n", "default_commission_rate": 6, "default_commission_value": null, "default_mobile_destination": null, "lead_confirmation_url_fail": "", "campaign_currency_conversions": [{"active": "y", "created": "2019-01-03 16:05:18", "created_by": "1101l4069", "to_currency": "USD", "from_currency": "n/a"}], "lead_confirmation_url_success": "", "multiple_conversions_per_click": "y", "campaign_custom_terms_and_conditions_id": null, "campaign_custom_terms_and_conditions_title": null}

Ep. 404: Celebrity Plastic Surgery, Hair Discrimination & The Week’s Beauty News with Guest Cohost Charisse Kenion

For more info and a complete list of the products featured on this podcast, visit fatmascara.com/blog

MAC | Lip Pencil in Cherry (Charisse's classic red lip base)

VIOLETTE_FR Petal Bouche Matte in Amour Fou (red)

TOO FACED | Better Than Sex Mascara

WESTMAN ATELIER | Super Loaded Tinted Highlight in Peau De Peche (listener Raise A Wand)

BYOMA | Brightening Serum (Charisse's spot fix!) - Get 15% Off Your First Order With Code FIRST15

KEVYN AUCOIN | The Foundation Balm (Charisse is shade Fb 09)

BREAD BEAUTY SUPPLY | 100% Macadamia-Oil Concentrate for Hair & Body

OLAPLEX | No. 3 Hair Perfector

NARCISO RODRIGUEZ | For Her Eau de Toilette (a classic Charisse loves)

BYREDO | Mojave Ghost Eau de Parfum (Charisse's current favorite)

FRÉDÉRIC MALLE | Bigarade Concentree Eau de Parfum - Bitter Orange & Cedar (Jenn's current favorite)