Cutie Pop Nail Shop Brand Ambassador Program Terms of Service

Agreement

By signing up to be a Brand Ambassador in the Cutie Pop Nail Shop Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Cutie Pop Nail Shop reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding Brand Ambassador commission payments earned during the violation. You agree to use the Brand Ambassador Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be a Brand Ambassador.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Cutie Pop Nail Shop cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Brand Ambassador Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Brand Ambassador Program to earn money on your own Cutie Pop Nail Shop product accounts.
  • You cannot post your coupon code on any of our social media platforms, our Facebook community page, our website, in our posts/comments, or on any of our customer’s photos.
  • You cannot submit your code to coupon databases. This will result in immediate termination of your account.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Brand Ambassador Program, you will be assigned a unique Ambassador Code. You are permitted to place links, banners, or other graphics we provide with your Ambassador Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Cutie Pop Nail Shop. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Cutie Pop Nail Shop. You must ensure that each of the links between your site and the Cutie Pop Nail Shop properly utilizes such special link formats. Links to the Cutie Pop Nail Shop placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Cutie Pop Nail Shop product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Special links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.cutiepopnailshop.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Cutie Pop Nail Shop Brand Ambassador

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Cutie Pop Nail Shop or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your Special links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

  1. Ambassadors shall receive a commission for referring authorized sales via links or coupon provided by Cutie Pop Nail Shop Ambassador Program to Cutie Pop Nail Shop website. The customer must make a purchase by clicking the link on Cutie Pop Nail Shop websites within 45 days of the initial click-through to be valid.  Coupon codes do not have an expiration date but can be terminated at any time shall an Ambassador becomes inactive.
  2. The commission is based on the net price (net of any discounts provided to the customer, excludes taxes and fees) of the product that is sold. Payments are made only once an Ambassador has generated a minimum of $20 worth of commissions.  If you have not earned the $20 threshold within a given month, the commission will roll over to the following month until you meet the $20 threshold where you will be issued your payment via Paypal.
  3. Refunded payments do not qualify for commission fees. To the extent a customer receives a refund, no commission shall be paid to the Ambassador.
  4. A commission is paid only once on either a sales through link OR coupon code.  For example, if a customer clicked on your link and used your coupon code, you will only be paid once for the sale.  
  5. Commission rates may be changed at any time by Cutie Pop Nail Shop and current applicable commission rates may be viewed by logging into Ambassador’s account. Commission is currently as follows:
  • 8% for the first 50 sales
  • 12% on the next 51-150 sales
  • 15% on the next 151-500 sales
  • 18% when you have achieved over 501 sales

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

  • Active sharing and promotion of our product through your social media or blog
  • Minimum of 1 tagged story AND 1 tagged Instagram, Facebook or Tiktok post so it shows up in our feed
  • In addition to the above, Swatchers requirements include submitting a minimum of 3 pictures per product design to Cutie Pop Nail Shop. Images will become property of Cutie Pop Nail Shop.
  • Use of #cutiepopnailshop hashtag on social media channels

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site,
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.cutiepopnailshop.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Cutie Pop Nail Shop reserves the right to end the Program at any time. Upon program termination, Cutie Pop Nail Shop will pay any outstanding earnings accrued above $20.

Termination

Cutie Pop Nail Shop, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Cutie Pop Nail Shop service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Cutie Pop Nail Shop reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

Cutie Pop Nail Shop will own all right, title and interest in and to all information that is created or collected in the operation of the Cutie Pop Nail Shop web site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AMBASSADOR. 

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, not limited to Special link tracking failures, loss of database files, and any results of “intents of harm” to the program or our website. 

AMBASSADOR shall indemnify and hold Cutie Pop Nail Shop harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AMBASSADOR. Under no circumstances will Cutie Pop Nail Shop 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, Cutie Pop Nail Shop aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AMBASSADOR under this agreement. 

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Cutie Pop Nail Shop will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of State of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Cutie Pop Nail Shop to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cutie Pop Nail Shop and govern your use of the Service, superceding any prior agreements between you and Cutie Pop Nail Shop (including, but not limited to, any prior versions of the Terms of Service).