Thank you for your interest in the Black Butterfly Beautiful Affiliate Program. Please complete the application thoroughly and accurately. We will carefully review your application, but we may not accept it. Reasons we may reject an application include, but are not limited to, the following: (1) incomplete or incorrect or unverifiable information; (2) website content that is illegal in the United States; and (3) website content that is inconsistent with the values of Black Butterfly Beautiful. IMPORTANT: By applying to the Black Butterfly Beautiful Affiliate Program, you are agreeing to the Black Butterfly Beautiful Affiliate Program Terms and Policies. Please read them. Thanks again!
This Affiliate Agreement (this “Agreement”), beginning today, is entered into between yourself (“Affiliate”) and Black Butterfly Beautiful, LLC. (“Company”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- Services: The affiliate will perform certain services in connection with Company and is currently contemplated to engage with the Company’s social channels, including but not limited to Twitter, Facebook, Instagram, Youtube, Google+, Pinterest and SnapChat.
- Compensation: In consideration for the full performance of Affiliate's services hereunder and the rights and releases granted herein, Company shall compensate Affiliate and Affiliate agrees to accept the compensation set forth above.
- Ownership Rights: Affiliate acknowledges that the results and proceeds of the services provided hereunder, including without limitation all ideas, themes, materials, and designs developed, created and/or provided by Affiliate (the “Work”) hereby constitutes a “work made for hire” as that term is defined in the U.S. Copyright Act of 1976, 17 U.S.C. §101 et seq. and is owned by Company, for all purposes worldwide in perpetuity. To the extent that any Work is deemed not to be a work made for hire, and without limiting the foregoing, Affiliate hereby assigns and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to Company. For the sake of clarity, and without in any way limiting the foregoing, Company may reproduce, modify, adapt, create derivative works from, distribute, display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in social media), worldwide, in perpetuity, royalty-free and without restriction of any kind. Affiliate acknowledges the ownership and validity of Company’s copyrights, brands, trademarks, trade dress and patent rights, whether or not created by or contributed to by Affiliate.
- Use of Likeness: Affiliate further grants to Company the irrevocable right and permission to film, videotape, photograph and/or otherwise record Affiliate and to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Brand Affiliate’s image, likeness, signature, voice, photograph, name (including nicknames), actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Affiliate (collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in any manner and without restriction of any kind, worldwide, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Company and/or the Work, in all media now known or hereafter developed (including without limitation in social media).
- No Right of Approval: Affiliate hereby irrevocably waives any and all right to inspect and/or approve Company’s use of the Work and/or Affiliate’s Likeness, including without limitation any text, image and/or other creative elements that may be used in connection with the Work and/or Affiliate’s Likeness.
- Confidentiality: Affiliate will regard and retain as confidential and will not divulge to any third party, or use for any unauthorized purposes (including Affiliate’s own benefit) either during or after Affiliate’s engagement with Company, any proprietary, or confidential information or know-how that Affiliate has acquired during Affiliate’s service or in consequence of Affiliate's service or contacts with Company without the written consent of an authorized representative of Company. Affiliate agrees to return to Company all such documentation and any other confidential information upon termination of Affiliate's engagement with Company.
- Representations and Warranties: Affiliate represents and warrants that: (i) Affiliate has the full and unrestricted right and authority to enter into and perform this Agreement and to grant the rights granted herein; (ii) Affiliate has complied and will comply with all applicable laws, rules and regulations in rendering the services to be performed under this Agreement, including without limitation, the current FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guides”) and all related disclosure requirements; and, notwithstanding the termination provisions set forth herein, Company reserves the right to immediately terminate this Agreement if Affiliate fails to make social media or other disclosures in the manner set forth in the FTC Guides, which failure shall be deemed a material breach of the Agreement that is not capable of cure; (iii) the Work is original to Affiliate; (iv) the use of the Work and/or Affiliate’s Likeness does not and will not violate the rights of any third party, including without limitation, any contract, copyright, trademark, or rights of privacy or publicity of any third-party; (v) the Work will not contain any disparaging, pornographic, defamatory and/or offensive material; and (vi) Affiliate will perform the services in a timely, professional and workmanlike manner.
- Independent Contractor: Each party is an independent contractor in relation to the other party with respect to all matters arising under this Agreement and nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. Affiliate shall have no express or implied right or authority to assume or create any obligations on behalf of or in the name of Company or to bind Company to any contract, agreement or undertaking with any third party.
- We Can Monitor Your Site: You hereby give Us the right to monitor Your website at any time to determine if you are following these Affiliate Terms, and to notify you of any changes we feel You should make to remain in compliance. Further, You must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of Your affiliate status.
- You will not utilize any promotion, promotion code, coupon or other promotional opportunity that is not specifically authorized for the use by Black Butterfly Beautiful.
- Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as coupon in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the Deals Database in ShareASale, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e up to 40% off sale items) or are long-term sitewide offers that do not require a code may not considered valid codes and the affiliate will not be given commission on these orders.
- You agree not to bid on any keyword in Pay per Click Search Engines (PPCSEs) that is a trademark or a derivation of a trademark, or any other word or term that is likely to cause confusion regarding its affiliation with Black Butterfly Beautiful. Some examples of these keywords include, but are not limited to: Black Butterfly Beautiful, www.BlackButterflyBeautiful.com, BlackButterflyBox coupons, BlackButterflyBox promo codes, etc. ;Black Butterfly Beautiful may, at its sole discretion and at any time, modify this list to include any other word or phrase.
- You will not promote Black Butterfly Beautiful through paid advertising or media buying that leads directly to the Black Butterfly Beautiful website. You will not bid on Black Butterfly Beautiful-branded keywords as an affiliate. This applies to all advertising platforms and to all affiliates unless direct approval from Black Butterfly Beautiful is granted.
- You will be open and honest about Your relationship to Us: You may not misrepresent or embellish the relationship between you and Black Butterfly Beautiful or imply any relationship or affiliation between you and Black Butterfly Beautiful or any other person or entity except as expressly permitted by this affiliate agreement. You may not represent yourself as an agent or employee of Black Butterfly Beautiful or represent that you have the authority to bind Black Butterfly Beautiful to a contract
- Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you