Member Affiliate Program Terms And Conditions

Commission Rate

Web Sale: 10% (HKD)

Payout Details

All web orders:  10% of order sales amount

Schedule

Action Locking
Actions are locked 1 month(s) after end of the month they are tracked

Invoicing
Actions are invoiced on the 2 of the month after they lock

Payout Scheduling
Approved transactions are paid 1 month after end of the month they lock

Qualified Referrals

Credit Policy
Last Click

Referral Window
Allow referrals from clicks within 30 day(s)

General Terms

Currency

Financial transactions covered by this insertion order will be processed in the HKD currency. Currency exchanges will occur when you or your referral(s) have set a different default currency in account settings.

Reversal Policy

Reversal of performance advertising actions are decided by the Advertiser governed by a max reversal percentage of 100%

Media Partner Tracking Pixel

Advertiser does NOT allow media partner to fire their tracking pixel when the consumer action is completed.

Affiliate Contract Terms

DEFINITIONS

In this Agreement, 

“JennyStellaBeauty” means Jennystella Beauty Limited, a limited company registered in Hong Kong. 

“Member’s Website” means a Member’s participating website(s) or online property(ies) include but are not restricted to the Member’s social media channels(s), blog(s), and other online properties.

The terms “bid” and “outbid” below cover bidding for adwords & search advertising, including but not limited to Google (and all their related search businesses), Bing (and all of Microsoft’s related search businesses), Baidu, Yahoo, and any other search engines.

1. Term 

This Agreement shall commence on the date the Member accepts the terms of this Agreement and remain in full force until the Member terminate his member account in accordance with the terms of this Agreement (“Term”).

2. Member conduct

2.1 Member must not use language such as “official” or any ad copy or do anything, use any language or act in any way which may give the appearance that the Member represents JennyStellaBeauty or acts on JennyStellaBeauty’s behalf in any way.

2.2 Member must not register or use any domain name URL which includes the word “JennyStellaBbeauty” in any way.

2.3 Member may only use the approved marketing materials provided by JennyStellaBeauty, including logos, marketing copies, technical specifications, banners, product images, etc.

2.4 Member is NOT permitted to use any form of technology, programming or scripting to display the contents of JennyStellaBeauty in a website location other than the designated Member website, including, but not limited to, the use of iframes.

2.5 The Member must not commit any act which might reasonably be considered: (i) to be defamatory, libelous, immoral or otherwise offensive to the public; or (ii) to injure, tarnish, damage or otherwise adversely affect or damage JennyStellaBeauty’s good name and/or reputation. 

2.6 Member shall not use or refer to JennyStellaBeauty’s trade names or trademarks, for any purpose whatsoever, including as a commercial reference, without JennyStellaBeauty’s prior written approval.

2.7 Should JennyStellaBeauty reasonably consider that any material published or produced by the Member breaches any provision of this agreement, JennyStellaBeauty may request that such material be removed and the Member shall remove such material immediately.

3. Program Links and Ads

3.1 Member may NOT use any variation of the JennyStellaBeauty trademark.

3.2 Member’s Website may NOT in any way copy, resemble, or mirror the look and feel of any online property owned by JennyStellaBeauty.

3.3 Member may NOT use any means to create the impression that the Member’s Website is the website of JennyStellaBeauty or any part of the website of JennyStellaBeauty, including but not limited to, framing of the website of JennyStellaBeauty in any manner.

3.4 Member may NOT engage in cookie stuffing or include pop-ups, false or misleading links on its website.

3.5 In addition, wherever possible, the Member may NOT attempt to mask the referring url information (i.e. the page from where the click is originating).

3.6 Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

3.7 Without prejudice to any other rights JennyStellaBeauty may have, if the Member is found redirecting links to hide or manipulate their original source, the Member’s current and past commissions will be voided and the Member’s commission level will be set to 0%. 

3.8 Promoting JennyStellaBeauty through a sub-affiliate network is permitted, however the Member must be completely transparent with regards to where traffic from your sub-affiliates originated in order not to be in violation of the above restrictions.

4. Member website/platform

4.1 Member’s website must NOT:

(a) infringe on JennyStellaBeauty’s or anyone else’s intellectual property, publicity, privacy or other rights;

(b) violate any law, rule or regulation;

(c) contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, sexually explicit or otherwise offensive materials; 

(d) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; or

(e) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Member commissions from another website. This includes toolbars, browser plugins, extensions and add-ons.

5. Commission

5.1 No commission shall be payable to the Member for sale of gift cards. 

5.2 JennyStellaBeauty reserves the right to not commission on products deemed as part of key product launches, discontinued memberships or for any other reason JennyStellaBeauty finds that a product should no longer be commissionable.

5.3 If a previously commissionable product is no longer going to receive commission, the Member must promptly remove all banners and text links for those products from the Member’s Website. 

5.4 The parties acknowledge and agree that any commission the Member is entitled to for services provided to JennyStellaBeauty shall be payable by JennyStellaBeauty in accordance with the agreement JennyStellaBeauty has in place. Upon payment of all amounts due, to the Member in accordance with this Agreement and JennyStellaBeauty shall have no obligation to pay any commission to the Member directly.  

6. Paid Search Policy

6.1 Member may NOT bid on the terms, misspellings, or derivations of the following: JennyStellaBeauty.

6.2 Member may NOT outbid JennyStellaBeauty for the placement of any keywords with the JennyStellaBeauty trademark or any combinations/misspellings thereof. 

6.3 Member may NOT bid on the trademarked word “JennyStellaBeauty” in any manner, singularly or in any conjunction with, other characters or in combination with other words in the search that may result in a broad match of the word “JennyStellaBeauty” singularly.

6.4 Member may NOT use the trademarked word “JennyStellaBeauty” in any Titles, the display URL of any paid ads, or any other way unless in strict accordance with JennyStellaBeauty’s instructions or with the prior written approval of JennyStellaBeauty. 

6.5 Member may NOT directly link from search ads. All paid search ads must link to a Member’s Website landing page.

6.6 In this clause, “bid” and “outbid” cover bidding for adwords, including but not limited to Google (and all their related search businesses), Bing (and all of Microsoft’s related search businesses), Baidu, Yahoo, and any other search engines.

7. Social Media 

7.1 Member may promote offers to the Member’s own social media pages. For example: The member may post, “25% off sale at JennyStellaBeauty through Wednesday with code XXXX25.”

7.2 Member may NOT post its affiliate links on JennyStellaBeauty’s social media pages (eg. Facebook, Instagram, LinkedIn, TikTok etc) in an attempt to turn those links into affiliate sales.

7.3 Member may NOT create social media accounts that includes JennyStellaBeauty’s trademark in the page name and/or username.

7.4 Member MUST manage all comments on the Member’s platform.

7.5 Member MUST include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for this affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise. For more information about guidelines and guidance notes for Interactive Marketing Communications & Social Media. 

8. Reversal and Communication Policy

8.1 JennyStellaBeauty reserve the right to reverse orders or lead actions due to order cancellations, duplicate tracking, returns, disputed charges, suspected reseller activity, suspected fraudulent, illegal activity, program violations as outlined in these terms, or for any other reason, acting reasonably.

8.2 If JennyStellaBeauty asks the Member for clarification or more information on any orders, lead actions, or clicks that JennyStellaBeauty suspects may be in violation of our terms and conditions, the Member shall respond in a timely and honest manner.

8.3 JennyStellaBeauty reserves the absolute right to reverse orders, set the Member’s commission to 0% or suspend the member from the program for the period or orders in question. JennyStellaBeauty understands that many violations are a result of automated processes; however it is incumbent upon each Member to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.

9. Indemnity

9.1 Member shall fully indemnify JennyStellaBeauty from and against any and all claims, liability and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:

(a) any negligent act, or omission, or willful misconduct by the Member in connection with this Agreement; 

(b) any claim brought by a third party for a breach of that third party’s intellectual property rights as a result of the Member’s performance under or in connection with this Agreement;

(c) a breach by the member of Clauses 2, 12 or 13; and

(d) any breach of applicable law.

This Clause 9 shall survive the termination of this Agreement. 

10. Intellectual Property Rights 

10.1 The intellectual property rights owned by JennyStellaBeauty prior to the commencement date of this agreement and made available to the Member under this Agreement shall remain the absolute property of JennyStellaBeauty or their licensors as applicable.

10.2 The Member shall not use or permit the use of any intellectual property rights belonging to JennyStellaBeauty or any of its affiliates for any purpose whatsoever, without the express prior written approval of JennyStellaBeauty.

11. Termination

11.1 JennyStellaBeauty may terminate this Agreement, either partially or wholly:

(a) at any time during the Term and without cause by giving not less than 30 days’ notice to the Member of such termination;

(b) immediately where there has been no referral/sales for six consecutive months; and

(c) immediately if the Member is in breach of any terms of this Agreement or is insolvent. 

11.2 JennyStellaBeauty will use reasonable endeavours to notify a Member if it is in breach, however JennyStellaBeauty is under no obligation to inform the Member prior to terminating the agreement or inactivating the Member on the program.

11.3 Any earnings reported from sales while violating these terms will be forfeited by the Member. 

12. Confidentiality 

12.1 To the extent any Confidential Information (as defined in this clause) is provided or made available to the Member under or in connection with this Agreement or, this clause 12 applies. 

12.2 During the Term and for 3 years afterwards, the Member shall:

(a) keep JennyStellaBeauty’s Confidential Information strictly confidential;

(b) establish adequate security measures; and

(c) not make any copies or records of such Confidential Information unless strictly necessary for the performance of its obligations under this Agreement.

12.3 Each Party acknowledges and agrees that all copies or records of the other Party’s Confidential Information shall be owned by the other Party.

12.4 Each Party may only use the other Party’s Confidential Information strictly for the purposes of performing its obligations under this Agreement.

12.5 “Confidential Information” in this clause 12 means this Agreement and all information of any nature which a Party may have or acquire, however conveyed, which relates to the business, products, price lists, developments, personnel, suppliers and/or customers of a party and its affiliates, and all information designated as confidential or which ought reasonably to be considered confidential, but excludes any information which:

(a) is the subject of a mandatory disclosure at law or by court order;

(b) is in or comes into the public domain other than by breach of this Agreement; or of any obligation of confidence owed under or in connection with this Agreement; or

(c) the receiving party can show it knew through legitimate means before disclosure.

13. DATA PROTECTION

13.1 To the extent any Personal Data (as defined in this clause) is provided or made available to the Member under or in connection with this Agreement or, this clause 13 applies. 

13.2 In addition to its general obligations to comply with applicable law, the Supplier shall:

(a) comply at all times with all legislation, regulations, statutes or by-laws relating to the processing of Personal Data; 

(b) process Personal Data strictly in accordance with the instructions of JennyStellaBeauty; and

(c) utilise adequate organisational and technical measures so as to safeguard Personal Data from loss, destruction and/or unauthorised access.

13.3 The Member acknowledges and agrees that:

(a) JennyStellaBeauty may share any Personal Data that the Member provides to it under this Agreement with third parties contracted to provide services to JennyStellaBeauty;

(b) it shall obtain the relevant consents for any Personal Data it provides to JennyStellaBeauty in connection with the performance of its obligations under this Agreement;

(c) it shall indemnify JennyStellaBeauty against any loss or damage (of whatever nature) incurred by or awarded against JennyStellaBeauty relating to any breach of this Clause 13.

13.4 “Personal Data” in this clause means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the relevant party.

14. General

14.1 The Member shall not assign, novate, or otherwise transfer all or any of its rights, benefits or obligations under this Agreement without the Member’s prior written approval.

14.2 Unless the Parties mutually agree otherwise this Agreement shall be governed by the laws of Hong Kong and shall be the sole and exclusive forum or any dispute under this Agreement.

14.3 No failure to exercise, nor any delay in exercising, any right, power or remedy under this Agreement shall operate or be deemed a waiver of the same. Waivers must always be given in writing.

14.4 The Member and JennyStellaBeauty are and shall remain independent parties and neither Party shall have, or represent itself to have, any authority to bind the other Party or to act on its behalf. Nothing in this Agreement shall be construed to make either Party an agent, employee, franchisee, joint venture or legal representative of the other Party.

14.5 This Agreement constitutes the entire agreement of the Parties, to the exclusion of all other terms and conditions, and any prior written or oral agreement between them.

14.6 No variation of this Agreement shall be effective unless in writing and signed by or on behalf of each Party.

Privacy Policy/Terms and Conditions

Our business changes from time to time, and our Privacy Policy, Terms and Conditions may therefore also need to change. We will post the current version of this Privacy Policy on the website and each such change will be effective upon posting on the website or upon the date designated by us as the “effective date”.

We may e-mail periodic reminders of our notices and conditions, but you should check our website frequently to see recent changes.

It is your obligation to regularly check the Privacy Policy. Your continued use of the website following any such change constitutes your agreement to this Privacy Policy as so modified.

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