Affiliate Terms of ServiceEffective: November 12, 2021
The terms and conditions (the "Agreement") contained herein establish the legally binding terms of your participation in Awkward Style’s affiliate program (the "Program"). The Program is property of and operated by Hasko Trading, Inc. dba Awkward Styles ("Awkward Styles", “we”, “us” and “our”). The Program is offered subject to your (the "User" or "you") acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published occasionally on the AwkwardStyles.com website (the "Site") by Awkward Styles. If you do not agree with this Agreement, do not use the Program.
By completing the online application process, you indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced herein.
1. Affiliate Agreement
- You certify to Awkward Styles that if you are an individual (i.e., not a company) you are at least 18 years of age. If you are a legal entity, you certify that you are an officer of the company or you are otherwise authorized to act on behalf of the company. We may limit or terminate, at our own discretion, the access to or participation in the Program for certain individuals and/or entities, such as but not limited to ecommerce platforms, online marketplaces, and other partners not eligible for joining our Program. You also certify that you are legally permitted to use the Program, and take full responsibility for the selection and use of the Program. This Agreement becomes void where prohibited by law, and the right to access the Program is revoked in such jurisdictions.
2. Registration & Account
- To enjoy the full benefits of the Program, you must register with Awkward Styles Affiliate Program Member, you will gain access to our affiliate dashboard. You may never use another account without permission from that user. You are solely responsible for the activity that occurs on your account, and it's your responsibility to keep your account password secure. You must notify Awkward Styles immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Awkward Styles or others due to such unauthorized use.
- We reserve the right, at our sole discretion and at any time, to change, modify, suspend or discontinue this Agreement, Program, fees, charges, and terms, including the availability of any feature, or content. We may also impose limits on certain features or restrict the User's access to parts or all of the Program without notice or liability. If we modify this Agreement, we will notify you via email, and it will be your responsibility to review and become familiar with any such modifications. Your continued use of the Program following such notification constitutes your acceptance of the terms and conditions of changes as modified. If any modification is unacceptable to you, you must end this Agreement.
4. Affiliate URL
- You will be issued a unique URL once you become an approved User of the Program which will be unique to you only, and will allow you to be paid for affiliate referrals. You can place that URL on your website, emails, blogs, social network advertising, or similar campaigns from an account or platform that is registered in your name or which you are authorized to use. You expressly agree that Awkward Style's name, trademark, logo or any other identifying material placed by you will appear only in the form and according to technical specification supplied by Awkward Styles. We may change your URL at our sole discretion.
- When an affiliate URL is opened, the cookie file is saved in the browser's cache for 45 days. Customers need to sign up or place an order during this time to be linked with your affiliate account.
- For each referred customer who visits the Site through your unique URL and signs up as a customer, you will only receive commission on orders that are not returned or refunded. Additionally, taxes and shipping are excluded from the calculations, but discounts are included.
- The affiliate period of each customer lasts 12 months after your referred customer's first order. Referring a prospective customer who previously was or currently is an Awkward Styles customer does not qualify for commission. You can track affiliate commissions by logging into your Affiliate Dashboard on the Site. Affiliate commission is credited after 14 days when the customer’s order is fully shipped, meaning that if part of the order has been shipped, 14 days will not start counting until the final part of the order gets shipped.
- To avoid confusion, all tax-related reporting to relevant tax authorities is entirely your responsibility. We will withhold taxes from payments that are due (including international payments) if you do not provide Awkward Styles with relevant documentation.
- You will receive commission 14 days after the order has been fully shipped, meaning that if part of the order has been shipped, commission will not be credited until the final part of the order gets shipped. Commission is calculated after any refunds if any refund is given to orders. In the event that the customer's order is cancelled, returned or refunded for any reason, we will deduct the relevant amount from your accrued earnings. If a refund is made after we have paid commission to you, we will deduct the respective amount from your account (any future payments).
- The minimum payout amount is $25 USD. If for any reason this Agreement is terminated prior to your first commission being due and the account balance does not exceed $25 USD, then no referral commission will be due. All payments will be made via PayPal. You must have a PayPal account for this purpose. Affiliates will be paid on a monthly basis to their provided Paypal address. Payments are in USD and will reflect on Paypal after 1-3 business days.
- You may use the affiliate URL for the sole purpose of promoting Awkward Styles and referring prospective customers to the Site. Except to the extent permitted by applicable law, you shall not (i) send unauthorized “spam” (unsolicited commercial) emails or use any illegal method of advertising to promote the Awkward Styles products that include the URL, and you shall be solely liable for any such unauthorized communications (all marketing practices must comply with all applicable laws and regulations); (ii) display the URL in any way that in Awkward Style's discretion disparages or creates a derogatory or negative image of Awkward Styles; (iii) make any false or misleading representations relating to Awkward Styles, or engage in any other practices that could harm the reputation of Awkward Styles; or (iv) display the URL or any content in a manner that contains or promotes (a) illegal activities or (b) content that is misleading, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind.
- You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not promote Awkward Styles in and refer prospective customers to the Site from countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above.
- You must not use any misleading or deceptive claims in advertising copy. You are solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims, including but not limited to the Federal Trade Commission’s Disclosure Guidelines. You must adhere to all the editorial guidelines and search advertising terms and conditions set forth by each search engine (Google, Yahoo, Bing and other), including any updates to those terms in the future. Where search engine guidelines and this Agreement conflict, you must follow this Agreement.
- When creating ads, videos, or other online content that publishes your affiliate URL on websites, Awkward Style's brand image needs to be kept in mind. Sites where you advertise cannot be associated with content that's vulgar, racist, sexual, or otherwise deemed offensive by Awkward Styles. You must remove all ads and videos from websites deemed offensive within 24 hours of being notified by Awkward Styles. The Awkward Styles logo cannot be altered or changed. You are prohibited from creating groups or specific web pages in social communities to publicize Awkward Styles offers.
- If you engage in search engine optimization and pay per click activities, and are sending paid traffic (PPC, PPV, Media Buys) to Awkward Styles, it is required that you send the traffic through a landing page or web property first. We do not allow direct linking. We restrict Users from using keywords that include our brand name or any variation therein, such as: Awkward Styles, Awkward Style, AwkwardStyles.com. You must also not knowingly serve ads that appear in a higher position than Awkward Styles managed ads. You shall not promote Awkward Styles on coupon sites.
- You must not purchase or use domain names containing any Awkward Styles trademark, including domain names that combine a Awkward Styles trademark with one or more additional words, letters, numbers, or other characters, or domain names containing any misspelling or other confusingly similar variation of any Awkward Styles trademark.
- We don't approve self-referrals, meaning you cannot refer yourself, and you will not receive commission on your own accounts. We prohibit certain forms of advertising, such as (i) clickjacking, linkjacking, typosquatting or any sort of domain spoofing methods; (ii) pixel, cookie stuffing or any other type of cookie stuffing without the source website visitor's knowledge; (iii) using traffic generated by pay to read, PPC (pay to click), banner exchanges, click exchanges, PPV advertising, pop-up/under.
9. Customer information
- When a customer visits the Site through your URL they must fill out their customer information. All customer information is the sole and exclusive property of Awkward Styles and the respective customer. You do not have any right to either (i) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. This policy prohibits you from receiving customer information directly from customers and subsequently forwarding the customer information to Awkward Styles. You may request personal information from customers directly related to your own activities, registrations, promotions, etc., but Awkward Styles will never reveal any personally identifying information about customers or a customer applicant.
10. Term & Termination
- This Agreement will become effective when Awkward Styles, in its sole discretion, accepts your request and notifies you in writing or by electronic means. Either party may terminate this Agreement at any time, with or without cause. If this Agreement is terminated for any reason, all licenses granted hereunder shall immediately terminate and you shall immediately cease use of and remove links to the Site and all Awkward Styles trademarks and logos, other marks, and all other materials associated with the Program.
- We reserve the right to delete unconfirmed accounts or accounts that have been inactive for an extended period of time. Upon violation of any applicable law or this Agreement, this Agreement will be immediately terminated, and you understand and agree that any and all accrued fees will be immediately forfeited and your account will be immediately terminated.
- You release Awkward Styles (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. You agree to hold Awkward Styles harmless from and against any damages resulting from the inability to obtain any benefits from the contemplated collaboration.
- If you use any of our trademarks in connection with our services and/or products, you must include a statement attributing that trademark to us. You may not use any of our trademarks (i) in or as part of your own trademarks; (ii) in connection with any activity, product or service that is not ours; (iii) in any manner that is likely to cause confusion, misrepresentation or disruption; (iv) or in any manner that disparages Awkward Styles or its information, products or services (including the Site).
- You will indemnify and hold Awkward Styles (and its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or violation of any law or the rights of a third party.
14. Limitation of Liability
- We will not be liable for any and all indirect, special or consequential damages (or loss of revenue, profits or data) in connection with this Agreement, even if we have been advised of the possibility of such damages. In addition, our aggregate liability arising under this Agreement will not exceed the total referral commissions paid or payable to you under this Agreement.
15. Law & Jurisdiction
- If a dispute arises between you and Awkward Styles, we strongly recommend that you first contact us directly to seek a resolution. We will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or arbitration, as an alternative to litigation. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California. Any dispute or claim arising out of or relating to this Agreement or its formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California.
16. Other Terms
- This Agreement shall be governed by and construed in the English language, without regard to translations for any purpose.
- This Agreement is ndot intended to and does not create any agency, partnership, joint venture, employee-employer, franchisor-franchisee, or other relationship. You acknowledge that you have all necessary authority to grant us personal data in order to comply with this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be deleted and the remaining provisions will be enforced. We may, in our sole discretion, assign this Agreement upon notice to you. Headings are for reference only and do not limit the scope or extent of this section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action for all violations of this Agreement. To the extent not prohibited by applicable law, you waive any applicable rights to require original (non-electronic) signatures or delivery or retention of non-electronic records.
- We make no warranties or representations, express or implied, with respect to the Program or this Agreement or any products or services sold by Awkward Styles. further, we make no representation that the operation of the site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruption or error.
- Upon notice from Awkward Styles, you shall immediately remove all references to Awkward Styles, including its name, logo, trademark, service mark or any other identifying material.
- You understand that the Site and the Policies are created and operated to comply with all rules and regulations, and you agree to defend, indemnify and hold Awkward Styles harmless from any violation by you of laws and regulations, including but not limited to intellectual property rights, customer privacy rights, etc.
- You certify that: (i) you are not controlled, supervised, directed by Awkward Styles and are not subject to work rules and discipline; (ii) you are free to set your own work schedule; (iii) you pay your own business expenses, can hire assistants, and provide your own office and all related services, including computer, printing, and telephone; (iv) you will only be reimbursed for work performed in accordance with this Agreement you will only be reimbursed for work performed under this Agreement; and (v) you are permitted to have other clients.