These Terms and Conditions (the “Affiliate Agreement“) govern the Affiliate Program that is made available by Blue Gecko, Inc (Blue Gecko) Trading As www.ampersandskin.com (“Blue Gecko, Inc“, “we” or “us“). These Terms and Conditions represent the whole agreement and understanding between Blue Gecko and the individual or entity who participates in the Affiliate Program (the “Affiliate“, or “you“).
Please read the whole document carefully as it represents a legally binding agreement between you and Blue Gecko. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Blue Gecko may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Blue Gecko believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
Blue Gecko will provide the Affiliate with a specific Referral Link “Personalized URL” to link to advertisements and other marketing content to www.ampersandskin.com. Blue Gecko will track users who have visited these Referral Links. Once a user purchases using your Personalized URL, Blue Gecko will track and allocate those sales to your Affiliate account. Only users who make a purchase using your Personalized URL will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard. If a user purchases using your Personalized URL once, and thereafter purchases without using your Personalized URL and purchases directly from the ampersandskin.com, Blue Gecko will still track these sales and allocate them to your Affiliate account, however if the same user purchases using a different Personalized URL other than yours, the sale will be allocated to the new Personalized URL.
The Affiliate is not authorized to modify or alter the Referral Links in any way. Blue Gecko is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link.
Affiliate Fees and Pay-outs
A referral will become eligible for pay-out (“Eligible Referral”) at the end of the next calendar month if it meets all of these criteria:
- The referral makes a purchase of any product offered on the ampersandskin.com website and has paid in full.
- The referral’s account remains active and in good standing.
- The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential pay-outs.
The Affiliate Fees will be calculated at the rate of 15% on the order total less any applicable taxes, discounts and shipping fees.
Blue Gecko reserves the right to claw back any Affiliate Fees, for referrals that cancel orders and return the purchase to Blue Gecko.
All Affiliate Fee payments will be payable in United States Dollars only. Payment will be made through bank check or electronic bank transfer in accordance with the results generated by the Affiliate Dashboard for a particular month. The Affiliate is responsible for providing Blue Gecko with full and accurate bank details that are required to remit the Affiliate Fees and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 6 calendar months if the details are not provided.
In the event of any activity deemed suspicious by Blue Gecko, Blue Gecko may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Blue Gecko reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Blue Gecko hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Ampersand logos for the sole purpose of promoting our products within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that are retrieved from the “Content” section in the Affiliate program. The Affiliate may not use Ampersand logos or service marks in a manner that, in Blue Gecko’s sole discretion, portrays Ampersand in a negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Blue Gecko may, without prior notice, require the Affiliate to remove or modify any advertisements at Blue Gecko’s sole discretion.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving Blue Gecko a written notice of termination.
Blue Gecko reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Blue Gecko, in its sole discretion, deems to be harmful to its business or any third party.
In the event that the Ampersand has not received any referrals from a registered Affiliate for a period of 90 consecutive days, the Affiliate will be deemed to be inactive and the all Personalised URL’s associated with the Affiliate will be deactivated.
No further fees will be paid to the inactive Affiliate. If the Affiliate wishes to re-enter the Affiliate program, the Affiliate must reregister.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
Relationship of Parties
Blue Gecko and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Blue Gecko’s behalf.
Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Blue Gecko makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Blue Gecko is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless Blue Gecko, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
Blue Gecko may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to the Affiliate Section on web address www.ampersandskin.com The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Blue Gecko reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Blue Gecko determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Blue Gecko and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of North Carolina, USA.