OFRA Cosmetics Affiliate Agreement
This Affiliate Agreement (“Agreement”) is between OFRA Cosmetics, LLC., an Florida Limited Liability Company with its principal place of business at 2141 Blount Road, Pompano Beach, FL USA 33069 (“OFRA”), and the individual or business entity identified below (“Affiliate”); the Agreement is in force and made effective as of the date signed below by Affiliate or its duly authorized representative. The Agreement contains the complete terms and conditions that apply to Affiliate’s participation in the OFRA Affiliate Program, operated by OFRA and its contractors. As used in this Agreement, “we” means OFRA Cosmetics, LLC. and “you” refers to the Affiliate; the term “Site” refers to the OFRA Cosmetics website, located at the URL www.ofracosmetics.com or such other site that OFRA Cosmetics may designate, and the term “Affiliate Site” refers to the website owned, operated, or controlled by the Affiliate, disclosed below.
1. Joining the program.
By ﬁlling out the signup form you may become an AFFILIATE and are bound by the terms of this agreement and any subsequent amendments to the agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on our products purchased by your referral individuals.
2. Payment Schedule
a. Eligible payments- all AFFILIATE monies due for orders generated as a result of AFFILIATE links or coupon code use will be held for 30 days after the shipping date of an order. Orders are typically shipped 1-7 days after an order is placed. This delay is necessary to allows OFRA Cosmetics ample time to compensate for returns, exchanges or canceled orders. Payments will be calculated and sent out to AFFILIATE during the last week of any given month for the previous month according to the terms and conditions of this document.
b. AFFILIATE Payments- payments to AFFILIATE will not be rendered for amounts less than $50.00 USD. Example: if you have a total of $150.00 in sales you would have $22.50 in your afﬁliate account, thus your account will carry over into the next month’s cycle. When your account total reaches $50.00 or more you will be sent a payment provided all orders associated meet the conditions set forth in (a) above.
of AFFILIATE Status
Your AFFILIATE application and status in the program may be suspended or terminated for any reason including the following:
Inappropriate websites and/or advertisements (including non-family-oriented
content, false claims, misleading or erroneous hyperlinks).
2. Use of unapproved graphics and/or text
3. Lack of an active website
4. Spamming (mass email, Mass newsgroup posting, etc...)
5. Advertising on sites containing/promoting illegal activities
6. Violation of intellectual property rights
7. False and/or incomplete personal/contact information and/or requested tax information
New afﬁliates' websites will be reviewed within the ﬁrst few days after sign-up. Existing Afﬁliates website will be reviewed monthly.
Afﬁliate accounts that have been suspended or terminated for any of the above reasons forfeit any and all eligible payments.
Links & Coupon Codes
You may use banner links, coupon codes and text links both on your website, emails, videos and other locations where you do promotion. The site may also be advertised "ofﬂine" in classiﬁed ads, magazines, and newspapers. You may use the banner links and text links provided to you by us, or you may create your own as long as they are approved by us ﬁrst. You may not copy our pictures or instructions for your website.
OFRA Cosmetics reserves the right to generate and create their own promotional coupon code which may be more than an affiliate code at a given time. The OFRA Cosmetics coupon code generation may conflict or be using instead on an AFFILIATE code which would require the AFFILIATE to have a link to earn a commission. In all instances the link generating the sale governs earning a coupon code.
5. AFFILIATE Tracking
A. LINKS: When a web surfer clicks through your AFFILIATE link, a cookie is set in their browser that contains your AFFILIATE username. Also, their IP address is tracked in the database along with your AFFILIATE name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the AFFILIATE who will be awarded the commission. Visitors sent through your AFFILIATE link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the using the same IP address as the one logged in the database.
B. COUPON CODE: When a consumer uses a certain coupon code that has been generated for the AFFILIATE by OFRA Cosmetics that code usage is tracked and added to the AFFILIATE sales so as to include promoted sales brought in from other locations that are not able to embed traditional tracking links. If it occurs that a coupon code is used and a link cookie is present, the AFFILIATE link governs earning the commission.
6.Terms of the
These terms will begin upon your signup with the AFFILIATE program and will end when your AFFILIATE account is terminated. The terms of this agreement may be modiﬁed by us at any time. If any modiﬁcation to the terms is unacceptable to you, your choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change.
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database ﬁles, and any results of "intent of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the AFFILIATE program and or products sold at this site. We make no claim that the operation of the AFFILIATE program and our website will be error-free and we will not be liable for any interruptions or errors.
8.Underage Consent Needed
If the Affiliate is a natural person s/he must be at least 18 years of age. If the Affiliate has not reached the age of 18 a parent/guardian must give his consent to the registration to the OFRA Affiliate Tracking Program and the registration of an Affiliate below the age of 18 without parental consent will be ineffective.
Afﬁliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.
AFFILIATE shall indemnify and hold OFRA Cosmetics harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will OFRA Cosmetics be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, proﬁts, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program.
Without limiting the foregoing, OFRA Cosmetics aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement. OFRA Cosmetics will own all right, title and interest in and to all information that is created or collected in the operation of the OFRA Cosmetics Web Site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.
The laws of the state of Florida shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take matter before arbitration/mediation in Broward County Florida should OFRA Cosmetics, LLC. request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Broward County District Court of Florida.
By ﬁlling out the signup form you acknowledge that you have read the terms and conditions above for the OFRA Cosmetics, LLC. AFFILIATE Program, Understand, and agree with them.