Alima Pure cosmetics are crafted from minimal ingredients for maximum impact. Designed for the modern, confident woman, our cosmetics are luxurious, high-performance, and made from only the purest natural ingredients. We seek to redefine makeup as an empowering tool of self-expression through our diverse range of foundation shades and inspiring colors. This program offers a 30 day cookie duration.
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Alima Pure cosmetics are crafted from minimal ingredients for maximum
impact. Designed for the modern, confident woman, our cosmetics are
luxurious, high-performance, and made from only the purest natural
ingredients. We seek to redefine makeup as an empowering tool of
self-expression through our diverse range of foundation shades and
inspiring colors. Your makeup should be able to do many things at once,
just like you. You should be able to depend on your makeup to look and
feel awesome. All. Day. Long. Your makeup should enhance your best
features without hiding who you are. You should be able to find an
amazing foundation match and colors that inspire your self-expression.
We make makeup that doesnt compromise.
ALIMA
COSMETICS AFFILIATE AGREEMENT
This Affiliate Agreement (Agreement) is between Alima Cosmetics,
Inc., an Oregon corporation with its principal place of business at
1601 NW Savier Street, Portland, Oregon 97209 (Alima), 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. This Agreement (in
conjunction with Pepperjams Exchange Publisher Service Agreement)
contains the complete terms and conditions that apply to Affiliates
participation in the Alima Pure Affiliate Program, operated by Alima
Cosmetics, Inc. and its contractors. As used in this Agreement, we
refers to Alima Cosmetics, Inc. and you refers to the Affiliate; the
term Site refers to the Alima Pure website, located at the URL
www.alimapure.com or such other site that Alima may designate, and the
term Affiliate Site refers to the website owned, operated, or
controlled by the Affiliate, disclosed below.
1. Enrollment
All Affiliates must apply and be approved to enroll in the Alima
Affiliate Program. Alima reserves the right in its sole discretion to
accept or reject any application for enrollment in the Alima Affiliate
Program. We will evaluate your application and will notify you of our
decision to accept or reject your application. Alima may determine that
an Affiliate is unsuitable for the Affiliate Program for any reason
whatsoever, including but not limited to, content or conduct that is
objectionable or offensive, unlawful, or otherwise inconsistent with
Alimas business in any way.
Affiliates must disclose any and all sites where they are using our
affiliate links. The links may only be used on sites, or in instances
that have been pre-approved by Alima Pure.
If we accept your application, you will set up an affiliate account
through our Affiliate Program app, operated by Pepperjam Your affiliate
account will include a dashboard that will enable you to monitor and
control your activity in the Program.
2. Term and Conditions of Affiliate Agreement
The following terms and conditions will be effective if and only if
Alima accepts your application to enroll in the Alima Affiliate
Program. By enrolling as an Affiliate in the program, you agree to be
bound and abide by such terms and conditions.
3. Referral Fees: Affiliates will be paid through Pepperjam as
described in Section 3e. Payment of Publisher Fees of their Exchange
Publisher Service Agreement, restated in part here below.
Subject to other provisions in this Agreement, Pepperjam shall credit
Publisher's account with a Publisher Fee for each qualifying
Transaction in accordance with the Advertiser's payout rate and
Advertiser Program terms. On or around the 1st and 15th day of each
calendar month, Pepperjam will credit to Publisher any positive balance
in Publisher's account for Transactions reported for the applicable
period. Pepperjam shall have no obligation to make payment of any
Publisher Fees for which payment has not cleared to Pepperjam of all
monies due to Pepperjam, including for all Publisher Fees owed by such
Advertiser to all of Advertiser's Publishers. If Pepperjam receives
partial payment Pepperjam may apply such partial payment first against
the fees due to Pepperjam from such Advertiser and Publisher agrees
that it shall pursue any and all legal remedies only against the
applicable Advertiser that has not made funds available to pay sums due
and owing to Publisher for Publisher Fees earned in connection with a
particular Advertiser Program, subject to the terms and conditions of
the applicable Advertiser Program.
All Publisher Fees will be paid in US Dollars ($US). Notwithstanding
anything contained herein to the contrary, no Publisher Fees will be
issued for any amounts due to Publisher that total less than
twenty-five dollars ($25.00) ("Payment Threshold").
Every Publisher must have a unique, valid taxpayer identification
number, valid Social Security Number, or other applicable unique
government identification. Publisher shall be responsible for all
applicable taxes.
An Advertiser may request that Pepperjam, or Pepperjam may on its own
initiative, debit from the Publisher Fees an amount equal to a
Publisher Fee previously credited to Publisher's account where: (a) a
return or cancellation has been made with respect to the applicable
product and/or service; (b) there is an instance of a duplicate,
fraudulent or incomplete entry or other similar error with respect to a
Customer order; (c) there are Transactions that do not comply fully
with the terms of this Agreement or the applicable Advertiser Program;
(d) there is non-receipt of payment from, or refund of payment to, the
Customer that entered into the subject Transaction; (e) there is any
failure on the part of the Publisher to comply with this Agreement and
or applicable Advertiser Program terms; or (f) any other amounts paid
in error or due Advertiser from Publisher (collectively referred to as
a "Reversal"). Unless otherwise set forth in the applicable Advertiser
Program, Reversals requested by an Advertiser in accordance with this
Section for Customer refunds and chargebacks may be applied up to sixty
(60) days after the end of the month in which the applicable Publisher
Fee was earned ("Reversal Period"). For the avoidance of doubt, there
is no time restriction on any other Reversals. Advertiser may request
that the payment of a Publisher Fee be postponed for one (1) payment
cycle where: (i) Advertiser is verifying a lead (for Advertiser
Programs in which lead generation is a component of the Transaction);
(ii) Advertiser has a product return policy that allows the underlying
purchaser to return the product during the Reversal Period; or (iii)
the applicable Advertiser Program provides for such a postponement. The
number or amount of Transactions, credits for payments and debits for
Reversals, as calculated by Pepperjam, shall be final and binding on
Publisher.
You acknowledge that, with respect to any Advertiser Program, Your
entitlement to any compensation reported with respect to any tracked
activity (if such activity is reported) stems solely from the terms of
your agreement with the relevant Advertiser and that such Advertiser is
solely responsible for its payment.
(Reference Pepperjam agreement for full details.)
4a. Links on Your Site. To accurately track sales and referral fees, we
will provide you with a unique website link back to our Site (Referral
Links) to be used on your Affiliate Site. You must ensure that each of
the links between your Affiliate Site and our Site uses all formats and
embedded codes provided by our Referral Links. We will not be
responsible for any error in the placement or deployment of Referral
Links on your Affiliate Site, even if such errors result in any loss or
reduction of referral fees. We shall have no obligation to calculate or
pay referral fees that would have been generated in the absence of
errors in the use or deployment of Referral Links. Each Referral Link
will be in a form that displays images, words and other content
determined by Alima. All Alima content must be current, and in a form
consistent with Alimas intended use for display.
4b. Affiliates shall not perform trademark bidding or direct linking on
search engines including on Google, Yahoo, MSN, etc. By "direct
linking" this agreement refers to sending traffic directly from the
search engine to the Alima Pure website without use of an intermediary
landing page
5. Order Processing. We will process product orders placed by customers
who follow Referral Links from your Affiliate Site to our Site. We
reserve the right to reject orders that do not comply with any and all
requirements that we may establish. We will be responsible for all
aspects of order processing and fulfillment. Among other things, we
will prepare order forms, process payments, cancellations, and returns,
and handle customer service. We will track sales made to customers who
purchase products using Referral Links from your Affiliate Site to our
Site and will make available to you reports summarizing sales activity
on your account dashboard. You hereby agree not to disclose the
information contained in these reports to any third party without prior
written consent from Alima.
6. Policies and Pricing. Customers who buy products through the
Affiliate Program will be deemed to be Alima customers. Accordingly,
all Alima rules, policies and operating procedures concerning customer
orders, customer service, and product sales will apply to those
customers. We may change such policies and operating procedures at any
time at our discretion.
7. Alima Marks. The trademarks, trade names, website banners, designs,
images and logos made available to you through our Site and the
Referral Links are the exclusive intellectual property of Alima (Alima
Marks). Subject to the terms and conditions of this Agreement, Alima
grants you a limited non-exclusive, nontransferable, revocable license
to use the Alima Marks during the term of this Agreement exclusively in
connection with the Affiliate Program. You will not (a) modify the
Alima Marks, or (b) cause any act or thing that would impair our rights
in the Alima Marks or damage the reputation for quality inherent in the
Alima Marks. Further, you acknowledge (a) your use of Alima Marks does
not convey to you any right, title or interest in or to the Alima
Marks; (b) Alima ownership of the Alima Marks, (c) you may not contest
the Alima Marks, register or attempt to register in any jurisdiction
any Alima mark or any confusingly similar mark or trade name; (d) you
shall identify the Alima Marks by including appropriate symbols and
notices reasonably requested by us; (e) you may not obtain or use the
Alima Marks except as provided in this Agreement; and (f) your use of
the Alima Marks, including all goodwill associated with such use, shall
inure solely to the benefit of Alima.
8. Customer and Sales Information. We will own all right, title and
interest (including all intellectual property rights) in and to all
information that is created or collected in connection with this
Agreement, including, without limitation, (a) any contact information
collected from any customer who enters the alimapure.com Site from a
link from your Affiliate Site (Affiliate Customers) and (b) any
information regarding click-through rates or product purchases by
Affiliate Customers (Sales Information). Subject to the terms and
conditions of this Agreement, alimapure.com grants you a limited
worldwide, non-exclusive royalty-free license to use the Sales
Information to the extent necessary to fulfill your obligations under
this Agreement or for your internal research purposes. You agree not to
disclose any Sales Information or Affiliate Customer contact
information to any third party without Alimas prior written approval.
You agree not to send Affiliate Customers e-mail communications
promoting your Site as an affiliate of Alima or otherwise unless
approved in advance by Alima. You agree to maintain and adhere to your
privacy policy, as posted and updated on your Affiliate Site.
9. Responsibility for the Affiliate Site. You are solely responsible
for the development, operation and maintenance of your Affiliate Site
and for all materials that appear on your Site, including, but not
limited to the Referral Links. Furthermore, you bear sole
responsibility for ensuring the accuracy and appropriateness of
materials posted on your Site (including but not limited to all
product-related materials) and ensuring that content posted on your
Site is updated and does not violate or infringe upon the rights
(including, but not limited to, copyrights, trademarks, privacy or
other personal or proprietary rights) of any third party or violate any
provision of this Agreement or any applicable national, state, regional
or local laws or regulations.
We disclaim all liability for the matters stated in this Section. In
addition, you agree to indemnify and hold Alima and Pepperjam harmless
from all claims, damages and expenses (including, without limitation,
attorneys' fees) relating to the content development, operation,
maintenance and contents of your Affiliate Site or any breach of your
obligations under this Agreement.
10. Term of the Agreement; Termination. The term of this Agreement will
begin upon our acceptance of your Program application and will end when
terminated by either Alima or the Affiliate. Either you or Alima may
terminate this Agreement at any time, for any reason, with or without
cause, by giving the other party written notice of termination. Upon
termination of this Agreement, (a) all licenses hereunder shall
terminate, (b) you will immediately remove any Referral Links, Alima
Marks, and other Alima intellectual property or brand features from
your Affiliate Site, and (c) Alima shall immediately remove any of your
logos, marks, and brand features from the alimapure.com site. In
addition to the right to terminate this Agreement, Alima shall be
entitled, in addition to any and all remedies of law, to seek damages
for breach of this agreement, including, injunctive relief, and/or
refund of the fees and other payments made pursuant to the terms of
this Agreement.
11. Modification. We reserve the right to change or modify the terms
and conditions contained in this Agreement, at any time and in our sole
discretion. Any changes or modifications will be effective upon posting
of the revisions, and posting notice of such changes to the Site. Alima
may deliver notice by posting a change notice or a new agreement on our
Site or by giving you notice of the change or modification via email.
Modifications may include, for example, changes in the scope of
available referral fees, referral fee schedules, payment procedures,
and Program rules. If any modification is not acceptable to you, your
only recourse is to terminate this Agreement. Your continued
participation in the Affiliate Program following our posting of a
modification (including a new Agreement) on our Site will constitute
your acceptance of the modification.
12. Relationship of Parties. Alima and the Affiliate are independent
contractors, and nothing in this Agreement will create any partnership,
joint venture, agency, franchise, sales representative, or employment
relationship between us. 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 Affiliate Site or otherwise, that reasonably
would contradict anything in this Section.
13. Limitation of Liability. You understand and agree that Alima and
Pepperjam shall not be liable for indirect, special or consequential
damages arising in connection with this Agreement even if we have been
advised of the possibility of such damages. Alima and/or Pepperjams
aggregate liability arising with respect to this Agreement and the
Affiliate Program will not exceed the total referral fees paid or
payable to you under this Agreement. All claims made hereunder by you
against us shall be made within six months of the act or omission which
forms the basis of such claims.
14. Disclaimer of Warranties. We make no express or implied warranties
or representations with respect to the Affiliate 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 our Site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors or termination of any services, products or
this Agreement.
15. Assignment and Successors. 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.
16. Publicity. You agree and understand that under this Agreement you
shall not utilize media releases of any kind, other than those
expressly authorized under this Agreement or otherwise authorized by
Alima in writing, in order to publicize your relationship with Alima.
Furthermore, absent express approval from Alima under the terms of this
Agreement or otherwise, you shall not use any Alima Mark, trademark,
service mark, logo or any other information which identifies Alima in
your sales, marketing and publicity activities and/or materials,
including, but not limited to interviews with representatives of any
written publication, television station or network, or radio station or
network, and publication in any website, digital media, print, video or
audio media.
17. Governing Law, Jurisdiction, and Venue. This Agreement will be
governed by the laws of the United States and the State of Oregon,
without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought only in the federal or state
courts located in Portland, Oregon, and you irrevocably consent to the
jurisdiction of such courts.
18. Injunctive Relief. You expressly agree that your violation of this
Agreement may cause irreparable harm to Alima and that a remedy at law
in such a case would be inadequate. Therefore, in addition to any and
all remedies available at law, Alima will be entitled to seek an
injunction or other equitable remedies in all legal proceedings,
without the need to post a bond of any kind, in the event of any
threatened or actual violation of any or all of the provisions hereof
which may threaten irreparable harm to Alima.
19. Attorneys Fees. In the event any action is commenced to construe
or enforce any provision of this Agreement, the prevailing party, in
addition to all other amounts such party shall be entitled to receive
from the other party, shall be entitled to receive its reasonable
attorneys' fees and costs incurred in bringing such action, up to and
through any appeal.
20. Waiver and Severability. 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 either party to enforce any
right or remedy shall not be deemed a waiver of said right or remedy.
If any provision of this Agreement is determined to be invalid or
unenforceable, it will be deemed to be modified to the minimum extent
necessary to be valid and enforceable. If it cannot be so modified, it
will be deleted and the deletion will not affect the validity or
enforceability of any other provision unless, as a result, the rights
of either party are materially diminished or the obligations and
burdens of either party are materially increased so as to be unjust or
inequitable.
21. Scope of Agreement. This Agreement constitutes the entire agreement
and understanding between us with respect to the subject matter of this
Agreement and supersedes all prior or contemporaneous written or oral
agreements or representations between us.