“this Agreement” shall mean the contents of the contract between Avant Skincare and the Affiliate in respect of the Programme.
“Avant Skincare” T/A Atypic Skincare ltd of (Company No.10067575), whose registered office is at 166 College Road, Harrow, Greater London, United Kingdom, HA1 1BH. ‘the Site’ shall mean avant-skincare.com website. ‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement. ‘the Link’ shall mean the HTML link provided from time to time by Avant Skincare to link the Affiliate’s website to the Site. ‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
2. The Programme
2.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2) Avant Skincare is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Avant Skincare may make any such change by publishing any revised terms on the Site.
2.3) The Programme is expressly a business-to-business relationship and both Avant Skincare and the Affiliate enter into it in a business capacity and not as a consumer.
2.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of an associate of Avant Skincare other than as an Affiliate as expressly provided for in this Agreement.
3. Suitability for the Avant Skincare Affiliate Program
3.1) Avant Skincare reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2) In particular if Avant Skincare deems that the Affiliate’s website is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Avant Skincare it contains, promotes or contains links to sites that are:
3.3) discriminatory, sexually explicit or violent material, or promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6) for any other reason that is deemed by Avant Skincare (at its sole discretion) to be unsuitable.
3.7) Upon submitting an application to become an affiliate, You are manually approved Upon acceptance of your request to become an affiliate, you are automatically accepted on the Programme. Avant Skincare reserves the right to withdraw Affiliate status at any time after you have been accepted onto the Programme for any reason that Avantc Skincare deems relevant. Acceptance into the Programme does not mean that Avant Skincare has specifically approved the Affiliate or its website.
4. Legitimate methods of advertising
4.1) In order to receive commissions for referring customers to Avant Skincare, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Avant Skincare shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1) the forwarding of any urls direct to avant-skincare.com (this includes misspells of the above trademark domain); and
4.2.2) forcing cookies through iframes;
4.2.3) advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4) brand bidding (including misspells) for PPC advertising,
4.2.5) including your Avant Skincare affiliate link within Unsolicited Commercial Email (UCE) or SPAM, 4.2.6) including any of Avant-Skincare.com URLs in search adverts.
4.3) Affiliates are permitted to promote Avantc Skincare through various social media communities, as a limited exception to Clause
4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Avant Skincare.
4.4) Avant Skincare reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Avant Skincare to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if another hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Avant Skincare.
4.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Avant Skincare.
4.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Avant Skincare to them. If Avant Skincare elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
5. The Procedure
5.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Avant Skincare Services to your site’s visitors and/or its members. The avant-skincare.com URL may contain any picture, text, logo, graphic, that maybe be attributed with Avant Skincare.
5.2) Avant Skincare reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Avant Skincare products directly with us. The presence of the Avant Skincare link on your site will serve to identify you as a member of our Affiliate Programme.
6. The Payment of Commission
6.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 120 days using a cookie. Until the expiration of this cookie, the affiliate will only be eligible to receive earnings from the first sale of that specific customer. Avant Skincare will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3) Avant Skincare is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4) Avant Skincare reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5) Avantc Skincare will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.6) the commission balance threshold for the purpose of this agreement is £50
6.7) Avant Skincare reserves the sole right to change the commission balance threshold at any time it sees fit without the prior consent of its affiliates. In the event of a commission balance threshold change, Avant Skincare shall notify all its affiliates of the change beforehand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.8) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.9) Affiliates that exceed the commission balance threshold will be entitled to withdraw this credit to their PayPal or Bank Accounts, and/or purchase Avant Skincare products or services.
6.10) Affiliates that do not reach the £50 commission balance threshold, they will only be entitled to purchase Avant Skincare products or services or convert their earnings into vouchers. Affiliates that do not reach the £50 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to withdraw credit in their PayPal and/or Bank Account(s) .
6.11) Commissions will not be paid on orders made by existing Avant Skincare customers. Avant Skincare will not pay commission for products that an Affiliate purchases for itself through the Link. The Avant Skincare system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing domains or products through their account for other people are encouraged to contact Avant Skincare directly for information on how they can become eligible for commission.
6.12) The rates of commission payable to the Affiliate from time to time shall be published on the Site. Any revised rates of commission payment shall take effect 7 days after the day that they are published on the site.
7. Avant Skincare's Obligations Avant Skincare agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the avant-skincare.com to the Affiliate’s site,
7.2) processing all orders for Avant products or services placed by a referral following the Link,
7.3) tracking the number and amount of relevant sales generated through the Link,
7.4) providing information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer services for Avant Skincare for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate’s Obligations The Affiliate agrees to be solely responsible for the following and shall keep Avant Skincare fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Avant Skincare or its products or services,
8.3) making of any false claims, representations or warranties in connection with Avant Skincare,
8.4) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.5) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.6) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Avant Skincare hereby disclaim all liability for all such matters,
8.7) Affiliates also agree to indemnify and hold harmless Avant Skincare, its parent company, sister companies, 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, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.8) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.9) the payment of all tax and national insurance payable on any payments made to you by Avant Skincare.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Avant Skincare other than those mentioned in this Agreement or otherwise provided by Avant Skincare, without the prior written consent of AvantSkincare. Avant Skincare reserves the right to refuse any request for consent under this Agreement.
10. The License
10.1) Avant Skincare grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the avant-skincare.com site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Avant Skincare and which Avant Skincare shall provide to the Affiliate, for the sole purpose of establishing the Link to avant-skincare.com so customers can purchase Avant Skincare products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Avant Skincare in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Avant Skincare without first obtaining the prior written consent of Avant Skincare. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Avant brand or any other brands.
10.4) Avant Skincare reserves all of its rights in the materials provided and all of its other proprietary rights. Avant Skincare shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Avant Skincare may be cause for immediate termination of this Agreement.
11. Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
11.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from Avant Skincare. Affiliates that have reached the £50 commission threshold will be required to withdraw their credits to their PayPal accounts or Bank Account.
12.1) Avant Skincare reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Avant Skincare shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
13.1) Avant Skincare shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Avant Skincare has been advised of the possibility of such damages, whether resulting from a breach of its obligations under this Agreement or otherwise.
13.2) Avant Skincare’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) Avant Skincare makes no warranty, either express or implied, concerning the performance or functionality of the AvantSkincare services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including the warranty of merchantability or fitness for a particular use or purpose.
13.4) Avant Skincare shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Avant Skincare.
14. Governing Law
14.1) This Agreement is governed by, and construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) Avant Skincare shall not be liable for the legality of Avant Skincare service in countries other than the United Kingdom.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Avant Skincare service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
15.1) By submitting an application to become an affiliate, the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.