Terms of Use and Privacy Statement
Kett Cosmetics Affiliate Program Terms and Conditions
Please read and review this entire agreement. This is a legally binding agreement between the affiliate signing this agreement (“you” or “affiliate”) and MUSE BEAUTY LLC, San Francisco CA global distributor of the Kett Cosmetics brand (“Kett Cosmetics,” “we” “our” or “us”). By filling out and submitting the Kett Cosmetics Affiliate Program application form to us, 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.
1. Submitting Your Application
Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. You participate in the Kett Cosmetics Affiliate Program by legally advertising our website: href (the “Website”), according to the terms and conditions of this agreement to receive a commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your website or social media presence is unsuitable for any reason.
2. Affiliate Obligations
2.1. Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. Affiliation can be immediately revoked if we decide in our sole discretion that your site or content unsuitable for any reason, including but not limited to:
2.1.1. False advertisements concerning Kett Cosmetics or any of Kett Cosmetics products or services (collectively “Kett Cosmetics Products”)
2.1.2. Spamming using your affiliate link
2.1.3. Usage of materials that infringe on any copyright, trademark or other intellectual property rights or that violate the law
2.1.4. Harassment or intimidation of others on your website
2.1.5. Content deemed to be graphic or explicit by Kett Cosmetics
2.1.6. Promotion of illegal activities
2.1.7. Usage of technology to potentially divert commission from other affiliates in our program
2.1.8. You fail to comply with any of the terms of this agreement
2.1.9 You make a representation about Kett Cosmetics Products without prior written approval by Kett Cosmetics.
2.1.10 You fail to comply with any state or federal law or regulation, including without limitation FTC regulations.
2.2. Kett Cosmetics reserves the right to review your placement and approve the usage of your affiliate links. You may use graphics and texts provided to you by us via your Affiliatly dashboard or create your own as long as it is appropriate (see condition 2.1). You may not use your own link to make purchases. You will not earn commission from orders placed under your affiliate link by customers residing in your household. You may not knowingly allow others to repeatedly use your affiliate link to earn commission.
2.3. The maintenance and updating of your site is your responsibility. We may monitor your site as necessary to ensure your content is up to date and notify you of any changes that should be made to help your affiliate performance. Your affiliation can be terminated if we find your site has not been updated in over 1 year. A written notice will be given via email should we find your site outdated. You will have 48 hours to respond with an updated site before your affiliation is terminated.
2.4. This agreement is personal to you and is not transferable. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Kett Cosmetics. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any of your sites or any of your social media accounts that reasonably would contradict anything in this agreement. You are responsible for the payment of all taxes and fees on all payments made to you by Kett Cosmetics.
3. Promotion Restrictions
While you are free to advertise the Website on your own web site or social media accounts, the promotion of the Kett Cosmetics brand could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by Kett Cosmetics. You agree to abide by the following guidelines when planning your marketing efforts:
3.1. Using “Kett”
The word “Kett” cannot be used as a part of an affiliate’s website domain name, blog name, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
3.2. FTC Guidelines & Spamming
Advertising commonly referred to as “spamming” is unacceptable to Kett Cosmetics and could damage our names. Affiliates must abide by all state and federal consumer protection laws and regulations including the Federal Trade Commission Act and the CAN-SPAM Act. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed.” The FTC requires that this disclosure must be a “clear and conspicuous” notice. You must use one of the following terms conspicuously in your notice – “Ad” or “Sponsored”. We strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any non-compliant affiliates. Any pending commissions owed will not be paid if your account is terminated due to spamming or solicitation.
3.3. Unsolicited Commercial Email (UCE)
You may use mailings to contact your customers so long as the recipient is already a customer or subscriber of your services or website and the recipient has the option to opt-out of future mailings for themselves.
3.4. Copyright and Trademark Infringement
Affilate agrees that he/she will not infringe on the rights of any copyrights, trademarks, designs and/or domain names, including without limitation copyrights, trademarks, designs and domain names of Kett Cosmetics, both registered and common-law rights, including, without limitation, ESUMCOSMETICS.COM, ESUM COSMETICS, ESUM, MUSE BEAUTY.PRO, MUSE BEAUTY, KETT, KETT COSMETICS, KETTCOSMETICS.COM, musebeauty, musebeauty.com, esum.com and similar domain names (collectively “Muse BeautyTrademarks”). Affliate also agrees to not use website or product designs that are the same or similar to our Website design and/or content or our product designs under a brand different than our Muse Beauty Trademarks. Affiliate further agrees that he/she will not promote, manufacture, distribute or sell any product that has a design that is the same or similar to the design of a product that is exclusive to Kett Cosmetics. Kett Cosmetics will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit Kett Cosmetics Products.
3.5. Paid Search Policies
Bidding at larger pay per click search engines (PPCSE), such as Google, Yahoo, and Bing!, is a great way to drive traffic to your website and increase your commission checks. Affiliates engaging in paid search marketing campaigns must adhere to the following terms and requirements:
3.5.1. Kett Cosmetics protects its Kett Cosmetics Trademarks and does not allow any trademark bidding on any search engine or Paid Placement service or site. This includes, but is not limited to activity on Google, Yahoo, Bing!, Ask and other similar services. Affiliates may not bid on trademarked or registered terms and products (i.e. kettcosmetics.com, Kett, Kett Cosmetics, etc.) or any phrase type, misspelling, variation or combination thereof. (See the restricted key word list below). An affiliate who infringes a Muse Beauty Trademark or is otherwise in violation of this agreement may be cancelled from the Kett Cosmetics Affiliate Program without prior notice.
3.5.2. Affiliates may not use the Muse Beauty Trademarks alongside with or in conjunction with the following terms: “percent (%) off”, “sale”, “discount”, or “coupon”
3.5.3. Affiliates may not use their affiliate link or any of the Kett domain names and/or URLs (including, but not limited to href, href) as the display domain or URL in the advertisement. When engaging in paid search engine campaigns, affiliates must use their own domain and/or URL in their ads.
Forbidden Display URL Examples: href, href
Approved Display URL Examples: href
3.5.4. You may not make any misleading or false statements in your campaigns. To avoid conflicts and to protect the integrity of the Muse Beauty Trademarks, Kett Cosmetics reserves the right to suspend any affiliate activities and their commissions for statements or phrases that Kett Cosmetics determines to be untrue or inflammatory claims of our Kett Cosmetics Products or websites. To avoid such measures, you must forward all advertising text, statements about any of Kett Cosmetics Products and proposed keywords/phrases you wish to use or bid on to the Affiliate Manager of Kett Cosmetics to obtain written approval or editing, PRIOR to your use thereof in any manner, including without limitation submitting it to Paid Search Network providers or Paid Inclusion Search Engines.
3.5.5. None of the restricted words may be displayed in the Headline or Body of your advertisement. You agree that, following notice from Kett Cosmetics, you will promptly remove any search listing containing copy and/or creative components that Kett Cosmetics, in its sole discretion, deems inappropriate for any reason.
Restricted Keyword List (but not limited to):
Kett
Kett Cosmetics
Kett.com
Kettcosmetics.com
Kett-Cosmetics.com
Kettcosmetics
Kett Cosmetics
Kettmakeup
Kett makeup
Kett makeup brushes
Kett beauty brushes
Kett cosmetic brushes
Kett brush
Kett brushes
Kett discount
Kett coupon
Kett brushes coupon
Kett brushes discount
Failure to follow these requirements will be grounds for suspension from the Kett Cosmetics Affiliate Program and forfeiture of all commissions.
3.6. Coupon Code Marketing Guidelines
Coupon marketing is allowed, but affiliates must adhere to the following terms:
3.6.1. Affiliates are permitted to use active coupon codes provided exclusively through the Kett Cosmetics Affiliate Program. Affiliates are not permitted to promote unauthorized coupon codes, codes that are exclusive to other affiliates, codes provided in customer-oriented newsletters or other promotional codes from Kett’s non-affiliate program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the Kett Affiliate Program intended for you will result in lost commissions and/or removal from the program.
3.6.2. 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.
3.6.3. Affiliates bear the responsibility for removing any unauthorized, user-submitted codes.
3.6.4. Distribution of coupon codes on multiple sites must be disclosed and approved by Kett Cosmetics. Please email any new websites and promotions distributing Kett Cosmetics coupon codes to affiliate@Kettcosmetics.com for approval.
3.6.5. Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates 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.
3.7. “Cookie-Stuffing” Policy
“Cookie-Stuffing”, forced clicks, and similar behavior. is not permitted. “Cookie stuffing,” namely an unlawful strategy to re-route general affiliate sales and/or traffic that did not originate from the official affiliate link provided by Kett Cosmetics is an unlawful strategy of generating affiliate sales. (IE: Use of cookie stuffing to cause tracking systems to conclude that a user has clicked through a qualifying affiliate link – and to pay commissions accordingly - even if the user has not actually clicked through any such link). Affiliates found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited and conditions.
3.8. Adware & Toolbars
Affiliates are prohibited from transmitting any “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-Ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to customers from the time the customer clicks on a qualifying link to the Kett Cosmetics website until the time the customer has exited the Kett Cosmetics site (ie. no page from the Kett Cosmetics site or any Kett Cosmetics content or branding is visible on the end-user’s screen). The terms a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of Kett Cosmetics site in . s, hidden links and automatic pop ups that open Kett Cosmetics’ site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
4. Grant of Licenses
4.1. We grant to you a non-exclusive, non-transferable, revocable right (“License”) to (i) access our Website through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, Muse Beauty Trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize in writing for such purpose, provided that this License is only in effect to the extent that you are a member in good standing of the Kett Cosmetics Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Kett Cosmetics and the good will associated therewith will inure to the sole benefit of Kett Cosmetics.
4.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Except to the extent that the License is in effect, , each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
5. Disclaimer
KETT COSMETICS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM, KETT COSMETICS’ PRODUCTS AND/OR SERVICES, WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF KETT COSMETICS REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, KETT COSMETICS MAKES NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
6. Representations and Warranties
You represent and warrant that:
6.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
6.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
6.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.
7. Limitations of Liability
KETT COSMETICS IS NOT LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL KETT COSMETICS’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
8. Indemnification
You hereby agree to indemnify and hold harmless Kett Cosmetics, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of any affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, (iii) any claim related to your website, including, without limitation, content therein not attributable to us, (iv) any claim related to or based on any action by you, or your agents, officers, employees, contractors or other affiliates of yours,
(v) any representation regarding any Kett Cosmetics Product that has not been approved in writing by Kett Cosmetics, or (vi) any failure to comply with state or federal laws, regulations and/or guidelines, including without limitation failure to comply with all notice of endorsement requirements of the FTC.
9. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
10. Payments
You will receive a commission for sending authorized sales via your affiliate links and coupon codes. Sales must be placed by first time customers only. In order to place an affiliate link, you must first be approved by Kett Cosmetics to become an affiliate. Payout rates may be changed at any time and can be viewed via your affiliate account on Affiliatly. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued. Kett Cosmetics uses a third party, Affiliatly, to handle all affiliate tracking and payments. Payments are made automatically on or before the fifteenth (15th) day of every month when your account balance reaches the required minimum or more for the previous month’s transactions. Your account does not accrue interest.
11. Affiliate Account Interface
You will create a log-in and password in order to enter the Affiliatly secure affiliate account interface. From their site, you will be able to view and receive your reports regarding your commissions due to you.
12. Modification
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email, mail or fax. Modifications may include, but are not limited to, changes in the payment procedures and Kett Cosmetics’ Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Kett Cosmetics’ Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
13. Revocation of Affiliation
Affiliation with the Kett Cosmetics Affiliate Program can be ended at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this agreement shall automatically terminate immediately without notice upon any breach of this agreement by you. If Kett Cosmetics affiliation is revoked, you cannot rejoin the program in the future.
14. General Terms
You agree that you have read and understood this Agreement and agree to abide by all the terms and conditions herein. If in one or more instances either party fails to insist that the other party perform any of the terms of this Agreement, such failure shall not be construed as a waiver by such party of any past, present, or future right granted under this Agreement, and the obligations of both parties under this Agreement shall continue in full force and effect. In the event that any portion or portions of this Agreement are adjudicated by a court of competent jurisdiction to be unenforceable, any such portion or portions shall be deemed severed from the remaining portions of this Agreement. All remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties concerning the subject matter of the covenants herein set forth and may not be modified or amended except in writing signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without regard to its conflict of laws rules.