Earn 40% advertising fees with
a trendy fashion school
Primary Website: 7DaysFashionSchool.com
This Affiliate Agreement (hereinafter called the
"Agreement") is provided by the following sole proprietorship,
hereinafter referred to as "Company": Inna Yakubyshena, d/b/a Ines Florissant Style Agency. Our primary
website is located at the address listed above. The Agreement is a legal
document between you and the Company that describes the affiliate relationship
we are entering into. This Agreement covers your responsibilities as an
affiliate and our responsibilities to you. Please ensure you read and
understand the entirety of this document.
The parties referred to in
this Agreement shall be defined as follows:
a) Company, Us, We: As we
describe above, we'll be referred to as the Company. Us, we, our, ours and
other first-person pronouns will also refer to the Company, as well as all
employees or legal agents of the Company.
b) You, the Affiliate: You
will be referred to as the "Affiliate." You'll also be referred to
throughout this Agreement with second-person pronouns such as You, Your, or
c) Parties: Collectively, the
parties to this Agreement (the Company and You) will be referred to as
"Parties" or individually as "Party."
d) Affiliate Program: The
program we've set up for our affiliates as described in this Agreement.
e) Affiliate Application: The
fully completed form which must be provided to us for consideration of your
inclusion in the Affiliate Program.
f) Website: The primary
website we've noted above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application
to our Affiliate Program, you warrant that you have read and reviewed this
Agreement and that you agree to be bound by it. If you do not agree to be bound
by this Agreement, please leave the website immediately and do not submit an
application to our Affiliate Program. This Agreement specifically incorporates
by reference any Terms of Conditions, Privacy Policies, End-User License
Agreements, or other legal documents which we may have on our website.
acknowledge and agree that by submitting your application, which may include
clicking an acceptance box, the effective date of this Agreement will be the
date on which you submit your application.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our
Affiliate Program. By signing the Affiliate Agreement, you represent and
warrant that you are at least 18 years of age and may legally agree to this
Agreement. The Company assumes no responsibility or liability for any
misrepresentation of your age.
4) PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will first be
asked to submit an Affiliate Application to join. The Affiliate Application may
be found at the following website:
Submitting an Affiliate
Application does not guarantee inclusion in the Affiliate Program. We evaluate
each and every application and are the sole and exclusive decision-makers on
Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate
Program, we will attempt to notify you in a reasonable manner. If you do not
hear from us within a reasonable time frame, please consider your application
rejected. We are not obligated to provide you any explanation for your
rejection, but please be advised we may reject applicants for any reason or
manner, including but not limited to a website or social media page which
violates our Acceptable Use Policy.
If your Affiliate Application
is rejected, you may not reapply. If your Affiliate Application is accepted,
each of the terms and conditions in this Agreement applies to your
participation. We may also ask for additional information to complete your
Affiliate Application or for you to undertake additional steps to ensure
eligibility in the Affiliate Program.
We may also ask for additional
information to complete your Affiliate Application or for you to undertake
additional steps to ensure eligibility in the Affiliate Program.
This Agreement does not create an exclusive relationship between
you and us. You are free to work with similar affiliate program providers in
any category. This agreement imposes no restrictions on us to work with any
individual or company we may choose.
6) AFFILIATE PROGRAM
You must ensure your account is set up thoroughly, including
specific payout information and location (such as a bank or online account
which we may use to post payment).
Please be advised the below is
a general description of the Affiliate Program. Everything contained in this
subsection is subject to the specific terms and conditions throughout the rest
of this Agreement.
We will provide you with a specific link or links which correspond
to certain products we are offering for sale (collectively, the
"Link"). The Link will be keyed to your identity and will send online
users to the Company's website or websites. You hereby agree to fully cooperate
with us regarding the Link and that you will explicitly comply with all of the
terms of this Agreement for the promotion of the Link at all times. We may
modify the specific link or links and will notify you if we do so. You agree to
only use links which are prior approved by us and to display the Link
prominently on your website or social media page, as described in your
Affiliate Application (collectively, the "Affiliate Site").
Each time a user clicks through the Link posted on the Affiliate
Site and completes the sale of the product or service and we determine it is a Qualified Purchase ,
as described below, you will be eligible to receive the following
percentage of the sale: 40% (forty percent).
7) SPECIFIC TERMS APPLICABLE
We will determine whether payout is permissible in our sole and
exclusive discretion. We reserve the right to reject clicks and/or sales that
do not comply with the terms of this Agreement.
As described above, in order to be eligible for payout, user
purchases must be "Qualified Purchases." Qualified Purchases:
a) Must not be referred by any other partner or affiliate links of
the Company (in other words, Qualified Purchases are only available through
your specific Affiliate Link;
b) May not be purchased by an already-existing partner or
affiliate of the Company;
c) May not be purchased prior to the Affiliate joining the
d) May only be purchased through a properly-tracking Affiliate
e) May not be purchased by a customer in violation of any of our
legal terms or Acceptable Use Policy;
f) May not be fraudulent in any way, in the Company's sole and
g) May not have been induced by the Affiliate offering the
customer any coupons or discounts;
8) PAYOUT INFORMATION
Payouts will only be available when the Company has your current
address information as well as accounting and tax documentation. You will be
asked to submit a W8/W9 or W-8ben tax form. Accounting information may include
the routing and account number of a bank where you wish to post a direct
deposit or may include an email address for an online method of payment.
Currently, the Company employs the following methods of payout:
International Bank Wire Transfer
Please make sure to provide the payouts information.
Tips for PayPal:
Please make sure to provide
your name exactly as it is displayed on PayPal when you originally signed up
for their service. If you have ever updated your PayPal name please enter the
name with which you originally created
Tips for international users
( non U.S. citizens or
Please make sure your payee country is correct. If it needs to be
updated please let us know by email: firstname.lastname@example.org
For any changes in your address or accounting information, you
must notify us immediately and we will endeavor to make the changes to your
payout information as soon as possible.
Payouts will be available on the 20th of the following
month after your balance reaches $100.
Contact us via email email@example.com to find out
more about our payment cycle.
We explicitly reserve the right to change payout information in
our sole and exclusive discretion. If we do so, you will be notified.
Payouts are also subject to the following restriction:
a) Payouts are only available after you will submit a W8/W9 or W-8ben tax form.
For any disputes as to payout, the Company must be notified within
thirty days of your receipt of the payout. We will review each dispute
notification as well as the underlying payout transaction to which it is
related. Disputes filed after thirty days of payout will not be addressed.
As a member of our Affiliate Program,
you will have access to your Affiliate Account. Here you will be able to receive your reports that will describe our
calculation of the commissions due to you. In order for us to accurately keep
track of all guest visits from your site to ours, you must use the URL link we
provide you with.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we accept you into the
Affiliate Program. It can be terminated by either Party at any time with or
You may only earn payouts as long as you are an Affiliate in good
standing during the term. If you terminate this Agreement with us, you will
qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other
legal terms we have posted anywhere on our website or websites, you forfeit all
rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if
you violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Company or a third party,
failing to comply with applicable laws or other legal obligations, and/or publishing
or distributing illegal material.
At the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full force and
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company
includes all copyrights, trademarks, trade secrets, patents, and other
intellectual property belonging to the Company ("Company IP").
Subject to the limitations listed below, we hereby grant you a
non-exclusive, non-transferable, revocable license to access our websites in
conjunction with the Affiliate Program and use the Company IP solely and
exclusively in conjunction with identifying our company and brand on the
Affiliate Site to send customers to the Affiliate links we provide. You may not
modify the Company IP in any way and you are only permitted to use the Company
IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are
using the Company IP in any manner not contemplated by this Agreement, we
reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of
the Company IP or any confusingly similar variation of the Company IP without
our express prior written permission. This includes a restriction on using the
Company IP in any domain or website name, in any keywords or advertising, in
any metatags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP
shall constitute unlawful infringement and we reserve all of our rights,
including the right to pursue an infringement suit against you in federal
court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name,
trademarks and servicemarks if applicable and other business intellectual
property to advertise our Affiliate Program.
12) MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify this
Agreement. You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to
this Agreement are in full force and effect immediately upon posting on the
Website and that modifications or variations will replace any prior version of
this Agreement, unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this Agreement. If we
update or replace the terms of this Agreement, we will let you know via
electronic means, which may include an email. If you don't agree to the update
or replacement, you can choose to terminate this Agreement as described below.
a) To the extent any part or subpart of this Agreement is held
ineffective or invalid by any court of law, you agree that the prior, effective
version of this Agreement shall be considered enforceable and valid to the
b) You agree to routinely monitor this Agreement and refer to the
Effective Date to note modifications or variations.
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form
any partnership, joint venture, agency, franchise, or employment relationship.
You are an independent contractor of the Company and will remain so at all
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any
unlawful purpose or any purpose prohibited under this clause. You agree not to
use the Affiliate Program in any way that could damage our websites, products,
services, or the general business of the Company.
a) You further agree not to use the Affiliate Program:
I) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;
II) To violate any intellectual property rights of the Company or
any third party;
III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence,
hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You are responsible for ensuring operation and maintenance of the
Affiliate Site, including technical operations, written claims, links, and
accuracy of materials. You must ensure, as noted above, that the Affiliate Site
does not infringe upon the intellectual property rights of any third party or
otherwise violate any legal rights.
You must have express
permission to use any person's copyrighted material, whether it be a writing,
an image, or any other copyrightable work. We will not be responsible (and you
will be solely responsible) if you use another person's copyrighted material or
other intellectual property in violation of the law or any third party rights.
We may monitor your account, as well as clicks and/or purchases
coming through your account. If we determine you are not in compliance with any
of the terms of this Agreement, we have the right to immediately terminate your
participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes,
regulations, and guidelines set by the federal government, through the Federal
Trade Commission, as well as state and local governments as mandated. The
Federal Trade Commission requires that affiliate relationships, such as the
relationship between you and the Company, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you
of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website
regarding the Affiliate Program. The notice does not have to contain the
precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we receive funds through
clicks to our affiliate program through this website or we receive funds
through the sale of goods or services on or through this website. We may also
accept advertising and sponsorships from commercial businesses or receive other
forms of advertising compensation. This disclosure is intended to comply with
the US Federal Trade Commission Rules on marketing and advertising, as well as
any other legal requirements which may apply.
We also require you to comply with any and all applicable data
privacy and security laws and regulations, including all of those which may
impact your country of residence or your visitors. Such regulations include,
but are not limited to, any applicable laws in the United States or the General
Data Protection Regulation of the European Union. We also require that you
implement adequate organizational and technical measures to ensure an
appropriate level of security for the data that you process. Further, you
hereby agree to comply with any requests which we may make to you regarding
compliance with the General Data Protection Regulation or requests which you may
receive from data subjects.
If we find you are not in compliance with any of the requirements
of this subpart, we may terminate our relationship with you at our sole and
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through
any unauthorized access, circumvention of encryption or other security tools,
data mining or interference to any host, user or network.
17) DATA LOSS
The Company does not accept responsibility for the security of
your account or content. You agree that your participation in the Affiliate
Program is at your own risk.
You hereby agree to indemnify and hold harmless The Company and
its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, 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 the 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, or (iii) any
claim related to your site, including, without limitation, content therein not
attributable to us.
You agree that the Company shall be able to select its own legal
counsel and may participate in its own defense, if the Company wishes.
19) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for
illegal spam activities, including gathering email addresses and personal information
from others or sending any mass commercial emails.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the
Parties with respect to the Affiliate Program. This Agreement supersedes and
replaces all prior or contemporaneous agreements or understandings, written or
21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate
Program to perform maintenance or emergency services on a scheduled or
unscheduled basis. You agree that your access may be affected by unanticipated
or unscheduled downtime, for any reason, but that the Company shall have no
liability for any damage or loss caused as a result of such downtime.
22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole
and exclusive risk and that any services provided by us are on an "As
Is" basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to the implied
warranty of fitness for a particular purpose and the implied warranty of
merchantability. The Company makes no warranties that the Affiliate Program
will meet your needs or that it will be uninterrupted, error-free, or secure.
The Company also makes no warranties as to the reliability or accuracy of any
information. You agree that any damage that may occur to you, through your
computer system, or as a result of loss of your data from your use of the
Affiliate Program is your sole responsibility and that the Company is not
liable for any such damage or loss.
23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as
a result of your participation in the Affiliate Program, to the fullest extent
permitted by law. The maximum liability of the Company arising from or relating
to this Agreement is limited to one hundred ($100) US Dollars. This section
applies to any and all claims by you, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to
this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your
participation in the Affiliate Program, you agree that California shall govern
any matter or dispute relating to or arising out of this Agreement, as well as
any dispute of any kind that may arise between you and the Company, with the
exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to
submit to the personal jurisdiction of the state and federal courts of the
following county: Ventura, California. The Parties agree that this choice of
law, venue, and jurisdiction provision is not permissive, but rather mandatory
in nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating
to or arising out of this Agreement, the Parties shall first attempt to resolve
the dispute personally and in good faith. If these personal resolution attempts
fail, the Parties shall then submit the dispute to binding arbitration. The
arbitration shall be conducted in the following county: Ventura. The
arbitration shall be conducted by a single arbitrator, and such arbitrator
shall have no authority to add Parties, vary the provisions of this Agreement,
award punitive damages, or certify a class. The arbitrator shall be bound by
applicable and governing Federal law as well as the law of California. Each
Party shall pay their own costs and fees. Claims necessitating arbitration
under this section include, but are not limited to: contract claims, tort
claims, claims based on Federal and state law, and claims based on local laws,
ordinances, statutes or regulations. Intellectual property claims by the
Company will not be subject to arbitration and may, as an exception to this
subpart, be litigated. The Parties, in agreement with this subpart of this
Agreement, waive any rights they may have to a jury trial in regard to arbitral
D) ASSIGNMENT: This Agreement, or the rights granted hereunder,
may not be assigned, sold, leased or otherwise transferred in whole or part by
you. Should this Agreement, or the rights granted hereunder, by assigned, sold,
leased or otherwise transferred by the Company, the rights and liabilities of
the Company will bind and inure to any assignees, administrators, successors,
E) SEVERABILITY: If any part or subpart of this Agreement is held
invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and subparts will be enforced to the maximum extent possible.
In such condition, the remainder of this Agreement shall continue in full
F) NO WAIVER: In the event that we fail to enforce any provision
of this Agreement, this shall not constitute a waiver of any future enforcement
of that provision or of any other provision. Waiver of any part or subpart of
this Agreement will not constitute a waiver of any other part or subpart.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts
under this Agreement are for convenience and organization, only. Headings shall
not affect the meaning of any provisions of this Agreement.
H) FORCE MAJEURE: The Company is not liable for any failure to
perform due to causes beyond its reasonable control including, but not limited
to, acts of God, acts of civil authorities, acts of military authorities,
riots, embargoes, acts of nature and natural disasters, and other acts which
may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS
PERMITTED: Electronic communications are permitted to both Parties under this
Agreement, including email or fax. For any questions or concerns, please email
us at the following address: affiliate[at]fashioncourse.online