X MONDO HAIR LLC (“XMONDO”) Affiliate Program Terms and Conditions
- Submitting Your Application
Once you register to be a part of the XMONDO Affiliate Program you are bound by the terms of this Agreement. When registering you must provide accurate and complete information. In connection with your participation in the XMONDO Affiliate Program you will be legally advertising our website and products to receive commission on referral customers. We evaluate each registrant and you will be notified of your acceptance or rejection. We may reject your acceptance into the Affiliate Program or terminate your participation in the Affiliate Program at any time for any reason.
- Affiliate Obligations
2.1. Once your registration is approved, you may be provided with an affiliate link (“Affiliate Link”).
2.2. XMONDO reserves the right to review your placement and approve the usage of your Affiliate Links. You may use graphics and texts provided to you by us. You may not use your own link to make purchases. You will not earn commission from orders placed under your Affiliate Link by customers residing in your household. You may not knowingly allow others to repeatedly use your Affiliate Link to earn commission.
2.3. The maintenance and updating of your site and/or social media (collectively the “Sites”) is your responsibility. We may monitor your Sites as necessary to ensure your content is up to date and notify you of any changes or removals that must be made, in our sole discretion, to help your affiliate performance.
2.4. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and XMONDO. 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 Sites or otherwise that would contradict anything in this section. You shall be responsible for, and agree to comply with, all your obligations under applicable federal, state, and local tax laws for payment of income taxes and, if applicable, self-employment taxes and any other taxes, contributions, payments, or premiums required by law. Because you are not an employee of XMONDO for tax or other purposes, you agree that XMONDO shall not withhold from you any commission amounts for federal, state, or local taxes, nor shall XMONDO make any premium payments or contributions for FICA, state unemployment insurance premiums, worker’s compensation or other similar tax, or benefit for you. It is understood and agreed that XMONDO shall provide you with a Form 1099 in accordance with applicable federal, state, and local income tax laws.
- Promotion Restrictions
While you have the ability to market XMONDO on your Sites in accordance with terms and conditions herein, please be aware certain forms of advertising are prohibited by XMONDO. You must abide by the following requirements when posting any content that contains an Affiliate Link or any reference to XMONDO.
You understand and acknowledge that you are responsible for any content you post on your Sites, and you shall have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content you post on your Sites that contains an Affiliate Link or any reference to XMONDO must in its entirety comply with all applicable federal, state, local, and international laws and regulations and any guidelines and terms on the applicable social media channel.
Without limiting the foregoing, you must not post any content on your Sites that contains an Affiliate Link or any reference to XMONDO which:
- Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Is likely to deceive any person;
- Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- Causes annoyance, or is likely to upset, embarrass, alarm, or annoy any other person; or
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization, including XMONDO.
3.2. Using “XMONDO”
“XMONDO” cannot be used as a part of an affiliate's website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account.
3.3. FTC Guidelines & Spamming
Advertising commonly referred to as “spamming” is unacceptable to XMONDO and could damage our name. Affiliates must abide by all local, state, and federal laws and regulations including the Federal Trade Commission Act and the CAN-SPAM Act. The Federal Trade Commission (“FTC”) requires certain disclosures in online marketing to improve consumer trust and prevent deceptive advertising techniques, and requires an affiliate to clearly and conspicuously disclose an affiliate’s relationship with a company when making any promotional statements about such company or its products/services. You are solely responsible for this disclosure and you acknowledge and agree to comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). You hereby agree to immediately correct any non-compliant disclosures upon notification thereof by XMONDO. We reserve the right to terminate our relationship with any non-compliant affiliate. Any pending commissions owed will not be paid if your account is terminated due to spamming, solicitation, or failure to abide by the FTC guidelines.
3.4. Unsolicited Commercial Email (UCE)
You may use mailings to contact your customers so long as you abide by all local, state, and federal laws and regulations and so long as the recipient is already a customer or subscriber of your services or website and the recipient has the option to opt-out of future mailings for themselves.
3.5. Copyright and Trademark Infringement
XMONDO reserves the right to seek legal action against retail partners and Affiliates that infringe our copyrights, registered and unregistered trademarks, and patented and patent pending products. You acknowledge that you will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by XMONDO. Failure to adhere may result in removal of the Affiliate Program. XMONDO will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit or patent infringing products.
3.6. Coupon Code Marketing Guidelines
In XMONDO’s sole discretion, Affiliates may be permitted to use active coupon codes provided exclusively through the XMONDO Affiliate Program. Use or attempted use of any coupon code received from any source other than directly from the XMONDO Affiliate Program will result in lost commissions and/or removal from the Affiliate Program.
- Grant of Licenses
4.1. XMONDO grants to you a non-exclusive, non-transferable, revocable right to (i) access its site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use its logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that XMONDO provides to you or authorizes for such purpose. Your license will terminate upon your termination from the Affiliate Program.
4.2. You agree not to use the XMONDO’s proprietary materials or act or make statements in any manner that is disparaging, misleading, obscene, or defamatory. Other than the license granted in this agreement, XMONDO retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the you.
XMONDO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AFFILIATE PROGRAM, XMONDO’S SERVICES, WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF XMONDO’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, XMONDO MAKES NO REPRESENTATION THAT THE OPERATION OF ITS SITE OR AFFILIATE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, AND XMONDO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- Representations and Warranties
You represent and warrant that:
6.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
6.2. You are over the age of 18 years old and have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
6.3. Any content posted on your Sites will not infringe or misappropriate any intellectual property rights or other rights of any third party; and
6.4. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
You shall keep all non-public information relating to XMONDO or any of its officers, directors, agents, representatives, employees, affiliates, subsidiaries, successors, licensees, and assigns, including all business, financial, proprietary, technical, product, social media, advertising, marketing, personal and private information, terms and conditions of any agreements, payments, commissions, correspondence, whether written or oral, with any XMONDO officer, director, agent, representative, or employee, and any other information that you know, or reasonably should know, is confidential information of XMONDO (“Confidential Information”), in perpetuity, strictly confidential and only use such information for the purposes of performing your responsibilities in connection with the Affiliate Program. Your restrictions hereunder shall apply to any and all media whatsoever, including, but not limited to all websites, services, platforms, programs, applications or other forms or methods of communication, whether now known or hereafter devised. For example, and for the sake of clarity, the disclosures prohibited hereunder include any disclosure via Facebook, Twitter, YouTube, Tumblr, Instagram or any other similar websites or services, whether existing now or in the future. You acknowledge that the unauthorized disclosure or use of Confidential Information shall constitute a material breach of this Agreement, and will cause XMONDO irreparable harm such that XMONDO shall have the right to (i) seek and/or obtain immediate injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this Section by you; and/or (ii) require you to immediately take appropriate actions as requested by XMONDO to mitigate the breach and cure any negative effects resulting from the breach, including, but not limited to, requiring you to remove or edit any content on your Sites.
- Limitations of Liability
XMONDO WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF XMONDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL XMONDO’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT.
- Affiliate Platform
You will only be eligible to receive a commission payment for purchases that are completed through the Affiliate Link within 15 days of the customer clicking the Affiliate Link. A commission is not considered payable if the first click on the Affiliate Link is after your participation in the Affiliate Program has expired or terminated. You will receive commission based on product subtotal and agreed upon commission rate as listed on your affiliate account through DOVETALE. You will be able to view and receive your reports regarding your commissions due to you through DOVETALE. Payout rates may be changed at any time and can be viewed via your affiliate account through DOVETALE. Payments may only be made to the PayPal account linked to your DOVETALE account within thirty (30) days of the end of each month for commissions earned in the preceding month. You are responsible for maintaining your payment information and your PayPal account linked to your DOVETALE account. If, for any reason, XMONDO is unable to process your payment for a period of 180 days or more, XMONDO will consider the payment abandoned. Your account does not accrue interest.
You hereby agree to indemnify and hold harmless XMONDO, and its subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (ii) any claim related to your Sites or content, including, without limitation, content therein not attributable to or authorized by us.
XMONDO may modify any of the terms and conditions in this Agreement at any time at XMONDO’s sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and XMONDO’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your affirmative acceptance or continued participation in XMONDO’s Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
- Revocation of Affiliation
Affiliation can be ended at any time by either party, with or without cause. In addition, this agreement will terminate immediately upon any breach of this Agreement by you. If your participation in the XMONDO Affiliate Program is revoked, you may not be able to rejoin the program in the future, in XMONDO’s sole discretion.
Version 2.1 posted on March 30, 2022.