Terms & Conditions - Influencer Program
By registering as an associate with the MOMbassador Program (the "Program"), you agree to be bound by the terms and conditions set out below (the "Terms"). Please take the time to properly read them before registering. These Terms constitute a legally binding agreement between GEM LUXE LLC DBA Reine Mere by Megan, a corporation based at 1525 S. Higley Rd, #104 Gilbert, AZ 85296 ("Reine Mere," "we," or "us") and You (the "Affiliate," or "you").
We retain the right, without prior notice, to amend and alter the Terms. These Terms shall govern any additions, updates, enhancements, or changes to the Program, including the addition of new features and resources made available by us from time to time. Continued use of the Program following any such modifications constitutes your acceptance of such changes. You may always see the most recent version of the Terms on our Program's website.
Any breach of these Terms may result in the termination or suspension of your Affiliate status, as well as the loss of any pending affiliate referral fee payments collected during the violation.
Social Media Posting
By receiving our product(s) for free, you agree with positing at least 1 feed and 1 story or reel monthly for 3 months.
Account Registration & Terms
To complete the sign-up procedure for an Affiliate account ("Account"), you must submit your full legal name, a valid email address, and any other information needed.
To submit your application for the Program, check the box next to Terms & Conditions before clicking the submit button.
You must be at least 18 years old to participate in this program.
Each account may be used by a single legal organization (for example, a corporation or a partnership) or by an individual user. We prohibit you from sharing your user name and password with another individual or with numerous users on a network. You are solely responsible for the security of any user names and passwords issued (including those of Invitees).
You may not use the Program in any unlawful or prohibited way. You must not break any laws in your jurisdiction by using the Program (including but not limited to copyright laws).
Referral Links & Promotion
Once you've registered for the Program, you'll receive an email with your unique link and promo code, which you may generate during the enrollment process. This must be used to identify you when linking to the MOMbassador Project website from your website, email, or other communications. You must verify that each of these links is appropriately structured.
Additionally, we may supply graphic graphics inside the links to promote the MOMbassador Project. You are not permitted to alter these photos in any manner. We have the right to make changes to the images without notification at any moment.
You will be fully responsible for the development, operation, and maintenance of your site, as well as for all content appearing on it.
You may not use our name or graphics in any mass email unless we have expressly consented in writing. We have the right to terminate the Agreement if you generate significant spam complaints about us or our products due to your marketing activity.
You may not make any public statements about this Agreement or your participation in the Program; doing so may result in your termination from the Program. Additionally, except as expressly permitted by this Agreement, you may not misrepresent or embellish the relationship between you and us by claiming that you develop our Products, that you are a part of Reine Mere, or by expressing or implying any association between us and you or any other person or entity.
To qualify for a referral fee, a client must click through a link on your website, email, or other platforms to the MOMbassador Project website and complete an order using your unique link or coupon code generated during the registration process.
You will earn a commission of $20 on each transaction, and your referrals will receive a 10% discount. Your commissions are paid 30 days after the order is placed via PayPal (if you generate sales every day, you get paid every day after 30 days). Referral fees are collected only when a consumer makes a complete payment. We subtract any reimbursements made within these 30 days from the commissions.
To get referral fees, you must have a valid PayPal account since we do not accept payments via any other means.
Referral fees do not apply to customer refunds or chargebacks due to credit card fraud. We reserve the right to withhold referral fees based on risk assessments and anti-money laundering processes.
Affiliates may get a summary of sign-ups and a statement of referral revenue by going into their Affiliate account.
The structure of the referral fee is subject to change at our discretion.
We have the right to invalidate referral money collected by deceptive, unlawful, or excessively pushy, dubious sales or marketing practices.
All prices are exclusive of all taxes, levies, assessments, and other fees imposed on your participation in this Agreement, which shall be your obligation and payment.
We retain the right to verify and adjust commissions based on actual orders paid; the notification e-mail is not a confirmation of a commission; it is only a notification, and each payment will be validated based on actual transactions.
Each consumer who purchases a Product via this program is considered a customer of Reine Mere. As a result, those customers will be subject to all of our rules, regulations, and operational procedures about pricing, customer orders, customer Products, and product sales. Our regulations and operating practices are subject to change at any moment. Reine Mere is not liable for the Affiliate's assertions that are inconsistent with our rules, regulations, or operational processes.
Pricing & Availability
We shall set the prices for Products sold via this Program by our internal pricing rules. Prices and availability of products are subject to change without notice. Due to the possibility that price changes would influence Products featured on your site, you should not post product pricing. While we will make commercially reasonable attempts to provide correct information, we cannot guarantee the availability or pricing of any Product.
Copyrighted and Trademarked material
You alone are responsible for ensuring that your reviews, product descriptions, and articles (as applicable on your site) comply with all relevant copyright, trademark, and other laws. Reine Mere will not be liable if you violate the law by using another party's copyrighted or trademarked material.
Term of the Agreement and Program
This Agreement shall commence upon our approval of your Program application and will conclude when either party terminates it. You or we may terminate this Agreement at any time, with or without cause, by providing notice of termination to the other party. Notice of termination of this Agreement by e-mail to the address on file with us is deemed adequate notice. Reine Mere maintains the right to terminate the Program at any time and for any reason. Reine Mere will pay any valid unpaid wages upon program termination.
In its sole discretion, Reine Mere reserves the right to suspend or terminate your account and deny you access to the Program, or any other Reine Mere Product, for any reason at any time. This would result in the deactivation or deletion of your Affiliate Account, as well as the forfeiture and relinquishment of all prospective or accrued referral fees in your Account if they were acquired by fraudulent, unlawful, or excessively aggressive, dubious sales or marketing practices. Reine Mere maintains the right, at any moment, to deny Product to anybody for any reason. Suppose this Agreement is terminated for any reason. In that case, you agree to immediately cease using and delete from your site any links to the MOMbassador Project website, as well as all photos and other materials given as part of the Program.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement shall constitute a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You shall be prohibited from making or accepting any offers or representations on our behalf. You will not make any statement that reasonably contradicts any provision of this Agreement on your site or elsewhere.
Limitations of Liability
The Company and any of its officers, directors, employees, shareholders, or agents disclaim all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive, or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts, or use of money, or any loss or damage arising from or connected in any way to business interruption).
This legal notice does not exclude or reduce the Company's obligation for the following:
- death or bodily harm caused by the Company's carelessness;
- misrepresentation of a material fact; or
- any responsibility that is not expressly excluded or limited by relevant legislation.
Any dispute arising out of or in connection with this Agreement (including any actual or alleged breach thereof), any transactions or activities conducted under this Agreement, or your relationship with us or any of our affiliates, shall be resolved through confidential arbitration with the American Arbitration Association. Arbitration under this agreement shall be conducted by the American Arbitration Association's then-current rules. The arbitrator's award is final and enforceable in any court of competent jurisdiction. To the maximum extent permissible by applicable law, no arbitration under this Agreement shall be combined with any other arbitration involving any other party to this Agreement, whether through class arbitration proceedings or otherwise.
All notifications must be sent to Reine Mere Ltd. by email at email@example.com. We may communicate with you via the e-mail address you supplied upon registration. Twenty-four hours after an e-mail is issued, notice is regarded received and duly served. To establish the Product of any notice, it will be enough to demonstrate, in the instance of an e-mail, that the e-mail was sent to the addressee's designated e-mail address.
Events outside our control
We shall not be accountable or responsible for any failure or delay in performing any of our duties under this Agreement that is caused by causes beyond our reasonable control (a "Force Majeure Event").
A Force Majeure Event is defined as any act, occurrence, non-occurrence, omission, or accident that is beyond our reasonable control and includes, but is not limited to, the following:
- industrial actions such as strikes, lockouts, or other forms of industrial action;
- civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat of or preparation for war;
- a natural disaster such as a fire, explosion, storm, flood, earthquake, subsidence, pandemic, or another natural calamity;
- usage of public or private telecommunications networks is impossible;
- any government's activities, decrees, laws, rules, or prohibitions.
Our performance is assumed to be halted throughout the Force Majeure Event, and we will be granted an extension of time to perform during that time. We shall utilize reasonable efforts to bring the Force Majeure Event to closure or to devise a solution that will enable us to execute our responsibilities under these Terms despite the Force Majeure Event.
If we fail to insist on strict performance of any of your duties under these Terms, or if we fail to exercise any of our rights or remedies, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such responsibilities.
A waiver of one default by us does not constitute a waiver of subsequent defaults.
No waiver by us of any of these Terms will be valid unless and until it is clearly expressed in writing and notified.
Suppose any of these Terms is found to be illegal, unlawful, or unenforceable in whole or in part by a competent authority. In that case, that term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will remain valid to the maximum extent permitted by law.
These Terms, along with any documents expressly referred to in them, constitute the complete agreement between us regarding the Program's usage and replace any prior agreement, understanding, or arrangement between us, whether oral or written.
We both recognize that, except as clearly stated herein, none of us entered into these Terms in reliance on any representation, undertaking, or promise made by the other or implied from anything spoken or written in talks between us previous to entering into these Terms.
Neither of us shall have any recourse against the other for any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such false statement was made fraudulently), and the other party's sole remedy shall be for breach of contract as defined in these Terms.
Governing law and jurisdiction
This Agreement shall be governed by and interpreted according to applicable United States law. Disputes arising out of or in connection with these Terms and Conditions shall be resolved exclusively by US Courts.