The partner program has three different options:
- Loyalty points (described in the general terms an conditions)
- Referral program
- Affiliate program
The terms and conditions in the following paragraphs apply to the referral and affiliate program. As mentioned, the loyalty points are further discussed in the general terms an conditions.
The person who enrolled in the program is referred to as affiliate.
1. Purpose Partner/Affiliate Program
The purpose of enrolling in the Affiliate Program is to allow you to make affiliate commissions for the sales of our subscriptions originating from your promotional activities in the manner set forth herein.
To enroll in our Affiliate Program, you must:
- be at the age of majority in your jurisdiction or the age of 18 whichever is greater;
- have the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth herein;
- have at least 1500 followers on Instagram;
- complete and submit the online application through the Affiliate Dashboard;
- be enrolled or accepted by Curly Secret into the Affiliate Program.
Curly Secret may choose at their discretion to auto-approve your application. This does not imply that we will not re-evaluate your application at a later time. We reserve the right to reject your application at any point in time, at our sole discretion. We also reserve the right to end the collaboration if it appears that the collaboration is being dealt with in a fraudulent manner.
The Affiliate acknowledges the importance of branding and identifying links to Curly Secrets Products and Services available on the Curly Secret’s website as being provided by Curly Secret and that all links shall be in a form agreed between the parties, whether by means of a graphic or text link.
2.2 All graphics displaying Curly Secret’s name and or logo shall be active links back to Curly Secret’s web site home or index page or such other pages as directed by Curly Secret in order to maximise sales of the Products and Services.
2.3 Any graphic link should only use the graphics supplied by Curly Secret and in the format supplied by Curly Secret.
2.4 All Curly Secret graphics shall be displayed in the same or similar display dimensions to any other graphics used for linking to a third party site as displayed on the same web page. Furthermore the graphic shall not be displayed in a manner that distorts the dimensions or colours of the graphic so as to render it difficult to view or in the opinion of Curly Secret dilutes the identity of the logo or could cause confusion to the public. The Affiliate is free to use a suitable software program to reduce the file size of any graphics so long the image quality of the graphic is not visibly altered or reduced.
2.5 Any graphic shall also be coded with a text alternative ("img alt") tag using Hypertext Markup Language (HTML) or other computer language coding producing the same result in the format “Curly Secret’s website address" or such other text alternative as may be agreed between the parties.
2.6 Wherever possible all links shall be placed above the fold on any web page on which they are displayed.
2.7 The Affiliate shall ensure that all links whether graphic or text shall operate correctly and transfer the user to the requested part of the Curly Secret’s website. In the event that any link fails the Affiliate shall take steps to correct the problem within a reasonable period of time.
2.8 In recognition that the actions listed below would impact upon the value and goodwill of Curly Secret, the Affiliate agrees not to do the following without the express prior written approval of Curly Secret
2.8.1 Use Curly Secret’s web site address or any combination of Curly Secret’s name in keywords contained within the Meta Tags of any web page or referred to or repeated in the coding of any web page; or
2.8.2 Register Curly Secret’s web site address or any similar sounding or similarly spelt web site address or any combination of it as keywords with any search engine or directory; or
2.8.3 Register any domain name similarly spelt (or deliberately mis-spelt) to that of the Curly Secret’s website address.
3. Loss or Deterioration Of Service
In the event of system failure, loss of access or deterioration in service regarding access to the website, Curly Secret shall take all reasonable steps to restore or rectify the service. The Affiliate shall not be entitled to any form of compensation.
Both parties shall keep confidential the specific terms of this Agreement and not disclose them save to such employees or contractors as need to know the relevant information for the purposes of performing this Agreement. The parties agree that all information marked "Confidential", or where not marked it is reasonable to judge such information as confidential, shall not be disclosed for a period of 2 years after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of The Netherlands. The parties further agree that all information marked as a "Trade Secret" and reasonably judged to constitute a trade secret shall not be disclosed at any time during or after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of The Netherlands. Confidential information and Trade Secrets shall consist of, but not necessarily be limited to: technical, commercial, financial, operational, marketing or promotional information or data.
5. Data Protection
Both parties will comply with the General Data Protection Regulation (GDPR) and have fully compliant policies and procedures in place. Both parties confirm that they will not rent or sell customer lists, contact details or other data without the customers’ or Curly Secrets’ express prior approval. Either party may treat a breach of this clause 5 as a reason for termination of this Agreement in accordance of this Agreement.
6. Intellectual Property Rights
6.1 Each party grants to the other for the term of this Agreement a non-exclusive, revocable, royalty-free licence to use their name, logos, trade marks, trade names and devices ("Intellectual Property") subject to the restrictions in clause 4 above and in any promotional and marketing material issued by either party in a manner approved by the party whose Intellectual Property is to be used, such approval not to be unreasonably witheld or delayed.
6.2 Both parties warrant that they have the right to grant or permit the other party to use the logos, trademarks, trade names and devices to the extent required to fulfil the terms of this Agreement.
6.3 Neither party shall make any claim to the other party's Products or Services during or after the expiry of this Agreement.
6.4 Neither party shall make any claim to the other party's trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.
6.5 Neither party shall register or cause to be registered any company name, which is materially similar to that of the other party.
6.6 On the expiry of this Agreement all licenses referred to, shall expire and the parties agree to immediately cease use of the Intellectual Property of the other.
7. Limitation of Liability
7.1 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
7.2 Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.
7.3 The Service Provider agrees to indemnify the Affiliate against any claims, damages, losses, costs and expenses which the Affiliate may sustain or incur in relation to any Products or Services which the Service Provider provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
7.4 The Affiliate agrees to indemnify the Service Provider against any claims, damages, losses, costs and expenses which the Service Provider may sustain or incur in relation to any products or services which the Affiliate provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
Neither party may assign or otherwise transfer this Agreement or any rights, duties and obligations hereunder without the prior consent in writing of the other party.
9. Force Majeure
Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond their reasonable control, including but not limited to acts of god, war, civil disorder or industrial dispute. If such delay or failure continues for a period of at least fourteen days, the party not subject to the force majeure shall be entitled to terminate this Agreement by written notice to the other.
10.1 Commission can be received in liquid assets or a voucher. It can also be used to pay for products when ordering. The loyalty points can only be exchanged for a voucher.
10.2 Commission fee is a fixed percentage. Curly Secret reserves all the rights to change the percentage, but shall let the affiliate know in a written statement.
10.3 If there’s any doubt about fraudulent behavior, Curly Secret reserves the right to freeze the balance of the affiliate. It will not be transferred to the bank account.
10.4 The affiliate can withdraw the balance when the threshold is reached. The threshold is determined by Curly Secret and the maximum amount to withdraw at a time is fixed. Curly Secret reserves all the rights to change the threshold to a reasonable amount, but shall let the affiliate know in a written statement.
11.1 Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
11.2 The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
11.3 No addition to or modification of any clause in this Agreement shall be binding on the parties unless made in writing and signed by the signatories to this Agreement or their duly authorised representatives.
11.4 This Agreement sets out the entire Agreement and understanding of the parties and is in substitution of any previous written or oral agreements between the parties.
This Agreement shall be interpreted, construed and enforced in accordance with Dutch law and shall be subject to the exclusive jurisdiction of the Dutch Courts.