Affiliate Program Terms & Condition
AMATERASU BEAUTY
REFERRAL PROGRAM TERMS & CONDITION
Terms & Conditions
The Term Ambassador or Referrer will be used interchangeably throughout this agreement.
Please read and review this entire agreement. This is a legally binding agreement between you (Ambassador) and AMATERASU BEAUTY (AMATERASU or www.amaterasu.ca). By filling out the AMATERASU Referral Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
Ambassador is paid 10% commission (excluding taxes and shipping) based on all verified sales from the customers the Ambassador sent.
- Payment will be processed and sent before the end of each month for the previous month's sales once a balance of CAD $50.00 has been reached in the Ambassador’s dashboard. If not, Amaterasu will continue to tally the Ambassador’s commission until it reaches CAD $50.00.
- Ambassador’s commission is calculated by utilizing the cookies connected to the Links provided through our system for as long as that cookie is in place on the Customer's system.
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 the AMATERASU Referral Program is to legally advertise our website to receive sales commission. 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. A website is not mandatory to partake in this program.
AMATERASU BEAUTY Referral Agreement
This Referral Program Agreement (“Agreement”) contains the terms and conditions that apply to your participation as a Referrer (an “Ambassador”) in the AMATERASU BEAUTY Referral Program.
By submitting an application to become a Referrer, you (the Ambassador) warrant that you have read and understood this Agreement, and you (the Ambassador) agree to be bound by it.
To begin the enrollment process, you (the Ambassador) must submit a complete Referral Program Application. AMATERASU BEAUTY will evaluate your application and notify you (the Ambassador) of your acceptance or rejection in a timely manner. AMATERASU BEAUTY reserves the right, in our sole and absolute discretion, to accept or reject your application for any or no reason whatsoever.
Upon notice of acceptance of your application, this Agreement shall be effective between you (the Ambassador) and Arivial Management Ltd. (“AMATERASU BEAUTY” or “AMATERASU”).
- Definitions
Throughout this Agreement, capitalized terms shall have the meaning ascribed to them in quotes.
In addition, the following definitions apply:
1.1. “Advertising” or “Advertisements” means any and all banner advertisements, pop-under placements, text Links or other solicitations (including, if approved in advance by AMATERASU BEAUTY, AMATERASU Emails) through the Internet that promote the AMATERASU BEAUTY product and contain a Link to the AMATERASU BEAUTY Site. Emails must not be unsolicited and must comply with the CAN-SPAM act.
1.2.”Ambassador” means a person, group or company that accepts the Term of this agreement and thereby follows the letter and spirit therein to promote AMATERASU BEAUTY thereby earning a referral fee.
1.3. “AMATERASU BEAUTY” or “AMATERASU” means Arivial Management Ltd. or its successors or assignees.
1.4. “AMATERASU Email” means any material you (the Ambassador) send by electronic mail that promotes the AMATERASU BEAUTY product. Emails must not be unsolicited and must comply with the CAN-SPAM act.
1.5. “AMATERASU product” means AMATERASU BEAUTY products offered on the AMATERASU BEAUTY Site.
1.6. “AMATERASU Site” means the AMATERASU BEAUTY Internet site that is currently located at https://amaterasu.ca and any other additional, substitute or successor site that may be designated by AMATERASU BEAUTY under this Agreement.
1.7. “Customer” means a person who purchases the AMATERASU BEAUTY product using your Link and through such Link or your assigned Coupon Code successfully purchases AMATERASU BEAUTY product (i.e., requiring the entry of name, address, email address or phone number, and valid payment information) via the AMATERASU BEAUTY Site.
1.8. “Link” means an embedded graphic, icon or text containing a unique hypertext pointer to the URL address for the AMATERASU BEAUTY Site embedded in an Advertisement and which identifies the number of consumers that become subscribers via the Advertisement.
1.9. “Term” means the length of time that this Agreement is active between the parties.
- Term and Termination
2.1. The Term of this Agreement (“Term”) will begin upon our acceptance of your application and will end when terminated by either party.
2.2. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination via Email or by standard postal mail, whichever is deemed appropriate.
2.3. Upon termination of this Agreement, the Ambassador shall immediately cease serving Advertisements, and Links that promote AMATERASU BEAUTY as part of the Amaterasu Referral Program.
2.4. No Referral Fees shall be due with respect to Customers who register after the date of Termination. AMATERASU BEAUTY reserves the right to withhold your (the Ambassador) final payment permanently or for a reasonable period of time as necessary to accurately calculate any amount that may be due to you.
2.5. Upon termination of this Agreement, all rights and obligations of the parties under this Agreement will be extinguished, except for those rights and obligations that either by their express terms survive, or that are otherwise necessary for the enforcement of the Agreement.
- Obligations of AMATERASU BEAUTY
3.1. Upon acceptance of your (the Ambassador) application, you (the Ambassador) will have access to the Ambassador dashboard in “my account” on the AMATERASU Referral Program. The email address provided during application must match the email address used to register your account. You (the Ambassador) shall provide AMATERASU BEAUTY with accurate, complete and updated registration information. You (the Ambassador) may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your (the Ambassador) true identity. If AMATERASU BEAUTY learns that the information you (the Ambassador) have provided is inaccurate, incomplete or false, at the will of AMATERASU BEAUTY, your (the Ambassador) participation in the AMATERASU BEAUTY Ambassador program may be terminated and your (the Ambassador) access to the AMATERASU BEAUTY Site may be restricted.
3.2. AMBASSADOR will have access to sales reports related to your Ambassador relationship with AMATERASU BEAUTY through your dashboard. These reports may not contain realtime information and may not accurately reflect the actual sales generated by use of your (the Ambassador) unique Links or Coupon Code. The report information is automatically updated at a set interval. AMATERASU BEAUTY will not guarantee the accuracy of the information in those reports. AMATERASU BEAUTY will in good faith, provide you (the Ambassador) with accurate information of both sales and commission.
3.3. Technical limitations of individual visitors may prevent accurate tracking and reporting of sales by use of your (the Ambassador) Link or Coupon Code. AMATERASU BEAUTY will provide assistance to these individuals through our Customer service team either by Email or by phone if the Customer initiates contact. While it is rare, these limitations may result in a sale that is not tracked to your (the Ambassador) account. If you (the Ambassador) believe your (the Ambassador) Links or Coupon Code are not accurately reporting sales that are NOT a result of technical limitations of the user of your (the Ambassador) Links, you (the Ambassador) shall notify AMATERASU BEAUTY by e-mail at hello@amaterasu.ca
3.4. Your Ambassador account will be paid your verified sales commissions automatically at the end of the month when your account balance reaches the required minimum payout amount of $50 from the previous month’s transactions. This will be done automatically and be sent by Paypal to the address provided in the Ambassador contact information. A lock period will occur between the 1st through the 7th business days of every month. A lock period is an allotment of time for order processing or returns.
3.4.1. Accounts that have not accrued the trigger amount of $50 will continue to accrue commissions until the trigger amount has been reached and the trigger date has occurred. Ambassadors may not withdraw funds that have not reached the $50 unless they will to terminate the contract. Such request must be submitted through writing to hello@amaterasu.ca
- Obligations of Ambassador
4.1. It is the responsibility of the Ambassador to report all income earned from this ambassador program through AMATERASU BEAUTY to Canada Revenue Agency, Internal Revenue Service or similar government organization in the Ambassador’s respective country of origin. Unreported income is considered illegal. AMBASSADOR is not an employee of AMATERASU BEAUTY and therefore must report your commission income as self-employment.
4.2. As an Ambassador, you (the Ambassador) are permitted to promote the AMATERASU BEAUTY product only through Advertisements offered through the methods listed below. AMATERASU BEAUTY reserves the right, in our sole and absolute discretion, to remove you (the Ambassador) from the AMATERASU BEAUTY Ambassador Program for any or no reason whatsoever. All promotional activities undertaken by you (the Ambassador) to promote the AMATERASU BEAUTY product shall be made in accordance with all applicable laws and regulations. You (the Ambassador) shall not complete the registration to or otherwise interact with the AMATERASU BEAUTY product on behalf of any third party. You (the Ambassador) are only permitted hereunder to Link third parties to the AMATERASU BEAUTY Site. All information obtained at the AMATERASU BEAUTY Site from individuals linking to the AMATERASU BEAUTY Site shall be the sole and exclusive property of AMATERASU BEAUTY and, except as specifically provided herein, you (the Ambassador) shall neither have access to such information nor use any device, technique or software to obtain information from the AMATERASU BEAUTY Site.
4.3. If you (the Ambassador) desire to promote the AMATERASU BEAUTY product (i) by purchasing, either directly or indirectly, search terms from websites, search engines or other directory or referral services (e.g., Overture, Google, and Yahoo!), (ii) by incorporating keyword text into meta tags or websites or by using other search engine optimization techniques, (iii) by distributing AMATERASU BEAUTY Emails, or (iv) by offering, either directly or indirectly, any consideration or incentives to potential Subscribers to register for the AMATERASU BEAUTY product, including without limitation, payment of money, rebates, discounts or other benefits, you (the Ambassador) must first get written permission from AMATERASU BEAUTY, which may be given or withheld in our sole and absolute discretion. AMATERASU BEAUTY reserves the right to revoke such permission at any time for any or no reason whatsoever.
4.3.1. Links or pop-under placements on websites for which you (the Ambassador) have received express written permission from such sites to serve such Links or placements and as otherwise subject to the limitations set forth in this Agreement.
4.4. You (the Ambassador) shall not bid or otherwise purchase, either directly or indirectly, the search name “Amaterasu Beauty” or “Amaterasu” or any misspelling or variant thereof from websites, search engines or other directory referral services.
Forbidden Display URL Examples: www.amaterasu.ca
Approved Display URL Examples: http://www.yourdomain.com/amaterasu
4.5. You (the Ambassador) shall not, in any way, utilize pop-over Advertisements or Spyware to promote the AMATERASU BEAUTY product.
4.6. Your (the Ambassador) site shall not in any way copy or resemble the look and feel of the AMATERASU BEAUTY Site, nor shall you (the Ambassador) create the impression that your (the Ambassador) site is the AMATERASU BEAUTY Site or a part of the AMATERASU Site. You (the Ambassador) shall not use “AMATERASU” or “AMATERASU BEAUTY”, its intellectual property or any variation or misspellings thereof in your (the Ambassador) URL. You (the Ambassador) shall not frame or permit the framing of any page of the AMATERASU BEAUTY Site.
4.7. During the Term, you (the Ambassador) will not disparage AMATERASU BEAUTY, the AMATERASU BEAUTY Site or the AMATERASU BEAUTY product, or portray these in a derogatory or negative manner. The content of your (the Ambassador) website will, at all times, be in good taste. You (the Ambassador) are solely responsible for the development, operation and maintenance of your website and will indemnify, defend and hold AMATERASU BEAUTY harmless from any claims arising out of or related to your (the Ambassador) website.
4.8. You (the Ambassador) may not advertise AMATERASU BEAUTY by way of any health claims. You (the Ambassador) may not use any form or variations of the words “SAFE” or “HEALTH” in your (the Ambassador) Advertising. You (the Ambassador) may not make any claims as to the chemical composition of the AMATERASU BEAUTY products, other than those statements expressly contained on the AMATERASU BEAUTY website. You (the Ambassador) may not claim in any way that AMATERASU BEAUTY does not contain carcinogenic or toxic chemicals. Notwithstanding anything to the contrary in this Agreement, any violation of this section shall result in immediate termination of your account without notice and forfeiture of any unpaid earnings for violation of this section.
4.9. Prohibited actions that will cause immediate termination of this agreement include but are not limited to:
4.9.1. Discrimination by race, religion, sex, sexual orientation, nationality, disability, or age or the promotion thereof.
4.9.2. Promotion of illegal sexually explicit materials.
4.9.3. Promotion of violence or violent materials.
- Sub-ambassadors and Agents
If you (the Ambassador) operate sub-ambassador networks, work with Agents or conduct reward programs with users, you (the Ambassador) agree to the following:
5.1. Any relationships you (the Ambassador) enter into with third parties, sub-ambassadors, or agents (“Agents”) in connection with your promotion of the AMATERASU BEAUTY product are at your sole discretion. AMATERASU BEAUTY shall not be a party to any agreement that you (the Ambassador) have with an Agent and you (the Ambassador) are not authorized to make any commitments on behalf of AMATERASU BEAUTY to such Agents, including commitments regarding payment of fees to the Agents by AMATERASU BEAUTY or commitments for licenses to AMATERASU BEAUTY’s name, logo(s), any provided images, or other intellectual property. Agents are not third party beneficiaries of this Agreement with AMATERASU BEAUTY. Any breach by your (the Ambassador) Agents of the terms and conditions of this Agreement shall be deemed a breach of this Agreement by you (the Ambassador) and AMATERASU BEAUTY shall have full recourse against you (the Ambassador) with respect to such breach. In the event AMATERASU BEAUTY has approved your use of AMATERASU BEAUTY Emails, as required under this Agreement, that approval is personal to you (the Ambassador) only and may not be transferred to an Agent. An Agent may not send any AMATERASU BEAUTY Emails without separate approval from AMATERASU BEAUTY in each instance.
5.2. You (the Ambassador) will provide AMATERASU BEAUTY with an up-to-date list of your (the Ambassador) Agents (site name and url) upon request.
5.3. You (the Ambassador) agree to Terminate your (the Ambassador) relationship with an Agent as it pertains to the AMATERASU BEAUTY Ambassador Program if an Agent engages in any activity that is prohibited as provided by this Agreement or if requested by AMATERASU BEAUTY, and if you (the Ambassador) do not Terminate such Agent within five (5) business days from AMATERASU BEAUTY’s request, AMATERASU BEAUTY reserves the right to withdraw you (the Ambassador) and all your (the Ambassador) Agents from the Ambassador Network and to refuse payment of any monies owing to you (the Ambassador) hereunder.
5.4. You (the Ambassador) agree not to use any of the information provided via the AMATERASU BEAUTY Referral Program tracking technology to identify unique individual Customer activity conducted by AMATERASU BEAUTY, nor to allow others to use the technology to identify such unique Customer activity, nor to access such unique Customer activity or data. You (the Ambassador) further agree not to transfer or reuse any data generated by the AMATERASU BEAUTY Referral Program.
5.5. You (the Ambassador) are solely responsible for technical implementation and maintenance of any Linking technology or tracking parameters necessary to utilize the AMATERASU BEAUTY Referral Program. You (the Ambassador) are responsible for conducting appropriate testing and verification of the AMATERASU BEAUTY Referral Program tracking parameters including Link creation, click through, ordering, and reporting as necessary to ensure correct and dependable operation of the AMATERASU BEAUTY Referral Program tracking feature. You (the Ambassador) understand and agree that your (the Ambassador) failure to properly implement the AMATERASU BEAUTY Referral Program technology feature can and will result in an inability of AMATERASU BEAUTY to pay you (the Ambassador) Referral Fees, for which AMATERASU BEAUTY has no obligation.
- Modification
6.1. AMATERASU BEAUTY may modify any of the terms and conditions contained in this Agreement at any time in our sole and absolute discretion. Modifications may include, but are not limited to, changes in Referral Fees, payment procedures, and permitted promotional activities. If any modification is unacceptable to you, your (the Ambassador) only recourse is to terminate this Agreement. Your (the Ambassador) continued participation in the Ambassador Network following our posting of a change notice or new agreement on our site will constitute binding acceptance of change.
- Indemnification
7.1. Ambassador shall defend, indemnify and hold AMATERASU BEAUTY, its directors, officers, employees, agents, ambassadors, successors and assignees harmless from and against any and all third party claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) to the extent arising out of or related to any breach or alleged breach of this Agreement by Ambassador, including without limitation any breach of Ambassador’s obligations under Section 4 above, and the confidentiality obligations outlined in Section 11 below.
7.2. The indemnity obligations under this Section 7 shall survive termination of this Agreement.
- Warranty Disclaimer
8.1. Except as expressly set forth herein, neither party makes any representations or warranties, express or implied, including any express or implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or any representation or warranty as to any revenues or other economic or non-economic benefit that may accrue to the other party by reason of its participation in this Agreement. Furthermore, AMATERASU BEAUTY specifically makes no representation or warranty relative to the performance levels or continuous operation of the AMATERASU BEAUTY Site or the AMATERASU BEAUTY Referral Program.
- Limitation of Liability
9.1. Neither party will be liable for any consequential, indirect, special, incidental or punitive damages or any kind arising out of or in relation to this agreement, even if it has been advised of the possibility of such damages. This limitation shall survive termination of this agreement.
- Public Announcements
10.1. Neither party may make any public announcement about the terms of the Agreement without the other party’s prior written approval and consent.
- Confidentiality
11.1. Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other’s business, plans, Customers, technology, products and services that are confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding subscribers obtained during the Term and the effectiveness of Advertising hereunder are highly confidential and valuable to AMATERASU BEAUTY. Each party agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such information revealed to it as a result of or arising out of the relationship hereunder (other than to fulfill its obligations under this Agreement). Each party shall take every reasonable precaution to protect the confidentiality of such information. This Section shall survive Termination of this Agreement. Notwithstanding anything in this Section to the contrary, any information (i) required by legal process to be disclosed, (ii) already in the public domain or (iii) released through no fault of the parties will not be considered confidential information hereunder.
- General Provisions
12.1. This Agreement will be governed by the laws of the province of British Columbia, Canada without reference to its choice of law rules.
12.2. No waiver of any provision of this Agreement shall constitute a continuing waiver, and no waiver shall be effective unless made in writing and signed.
12.3. Notices and other communications to you, as required or permitted to be given hereunder, shall be posted in the AMATERASU BEAUTY Referral Program and/or otherwise e-mailed to the e-mail address provided in your (the Ambassador) application and shall be deemed effective upon posting or e-mailing, as applicable. You (the Ambassador) are responsible for updating your (the Ambassador) contact information within the AMATERASU BEAUTY Referral Program, and AMATERASU BEAUTY has no responsibility for any inability to contact you (the Ambassador) due to obsolete or incorrect contact information or due to any spam filters or other communication blocking devices you (the Ambassador) may employ. Notice or other communications to AMATERASU BEAUTY shall be sent by e-mail to hello@amaterasu.ca and shall be deemed effective one business day after e-mailing.
12.4. This Agreement may not be assigned or otherwise transferred by you (the Ambassador) without the express written consent of AMATERASU BEAUTY.
12.5. The division of this Agreement into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
12.6. You (the Ambassador) and AMATERASU BEAUTY are independent contractors and nothing in this Agreement will create any partnership, joint venture or agency relationship. You’ll have no authority to make or accept any offers, warranties, or representations on our behalf. You (the Ambassador) will not make any statement, whether on your (the Ambassador) site or otherwise, that would cause confusion as to our relationship with you (the Ambassador) or otherwise contradict anything in this Section.
12.7. Each party hereby represents that it has the authority and capacity to enter into this Agreement, including that all individuals executing this Agreement are 18 years of age or older. The submission of your (the Ambassador) application shall constitute your agreement to be bound by the terms and conditions of this Agreement.
- Coupon Code Marketing Guidelines
13.1. Coupon marketing is allowed, but ambassadors must adhere to the following terms:
Ambassadors are permitted to use active coupon codes provided exclusively through the AMATERASU BEAUTY Referral Program. Ambassadors are not permitted to promote unauthorized coupon codes, codes that are exclusive to other ambassadors, codes provided in customer-oriented newsletters or other promotional codes from AMATERASU BEAUTY’s non-ambassador program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the AMATERASU BEAUTY Referral Program will result in lost commissions and/or removal from the program.
13.2. Promotion language must be simple, easy to understand, and should include the following: The offer, the coupon code, the expiration date, and approved text link only. Publishers of the coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”). Publishers must remove invalid coupon codes and banners, or make clear to readers that the code is expired.
13.3. Ambassadors bear the responsibility for removing any unauthorized, user-submitted codes.
13.4. Distributions of coupon codes on multiple sites need to be disclosed and approved by the AMATERASU BEAUTY Referral Program. Please email any new websites and promotions distributing AMATERASU BEAUTY coupon codes to hello@amaterasu.ca for approval.
13.5. Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, ambassadors must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.