Advertisement: Any promotion of AG Hair through image, graphic, text, banner, video, or other media on the internet.
Provincial consumer protection legislation: Each province has its own consumer protection legislation to protect the rights of consumer during commercial transactions.
Canada’s Anti-Spam Legislation (CASL): This legislation protects consumers and businesses from the misuse of digital technology, including spam.
The Competition Act: This act contains criminal and civil provisions to prevent anti-competitive practices in the marketplace.
Canadian Code of Advertising Standards (Code): This code is a rulebook created by Advertising Standards Canada to set the criteria for acceptable advertising that is truthful, fair, and accurate.
CAN-SPAM Act: This act sets ground rules for commercial messaging, provides rights for email recipients, and hands out harsh penalties for those found in violation.
FTC Act: This act protects against misleading advertising and e-commerce behavior.
Examine this completed agreement (the “Agreement”). This Agreement legally binds you (hereinafter referred to as “you” or “Aﬃliate”) and AG Hair Ltd. (hereinafter referred to as “AG Hair” or “AGHair.com”). When you apply for the AG Hair Aﬃliate Program, this is to acknowledge that you have read, understand, and agree to comply with the following terms and conditions, being held legally responsible and liable for following each term and condition.
Prohibited Content From Aﬃliates
We reserve the right to immediately terminate Aﬃliation if we deem your site to be inappropriate. We also may reject your acceptance into the Aﬃliate Program if your website or advertisements are unsuitable for any reason. AG Hair prohibits content containing and not limited to: (1.) false advertisements; (2.) spamming with our Aﬃliate Link (the “Aﬃliate Link”); (3.) use of copyrighted and trademarked material or the intellectual property of others that violates the law; (4.) harassment or intimidation of others on your website or social media; (5.) content
deemed by AG Hair to be graphic or explicit; (6.) promotion of illegal activities, and (7.) technology usage that aims to divert commission from other participants in our Aﬃliate Program.
Prohibited Behavior From Aﬃliates
We condemn and penalize poor Aﬃliate behavior that doesn’t comply with our terms and conditions and will terminate our agreement and revoke commission with any Aﬃliate based on but not limited to:
● Failure to follow coupon code marketing guidelines and coupon code abuse. This will result in suspension and lost commissions.
● Failure to follow our paid search guidelines. This will result in termination and forfeiture of all commissions.
● Failure to adhere to our copyright and trademark infringement terms and conditions. This will result in the Aﬃliate’s removal from the Aﬃliate Program.
● Failure to adhere to our paid search policies, including trademark violations. Aﬃliates will be banned from the Aﬃliate Program.
● Failure to adhere to our coupon code policy with use or attempted use of a coupon code acquired outside the AG Hair Aﬃliate Program. This will result in lost commissions and/or removal from the Aﬃliate Program.
● Failure to adhere to the rules and requirements of provincial consumer protection legislation, the CASL, the Competition Act, or the Code. AG Hair terminates its relationship with any non-compliant Aﬃliate and suspends any pending commissions owed if the account is terminated due to spamming or solicitation.
● Failure to adhere to the FTC’s rules. AG Hair terminates its relationship with any non-compliant Affiliate and suspends any pending commissions owed if the account is terminated due to spamming or solicitation.
In addition, we ask that Aﬃliates refrain from using AG Hair as a part of their domain and username. We do allow Aﬃliates to use email to contact consumers, as long as the consumers were already subscribed to emails and have the option to opt-out. With our Agreement, Aﬃliates will not promote, manufacture, distribute, or sell products that replicate the design and function owned by AG Hair, and aﬃliates will not bid on pay per click search engine sites.
Federal Trade Commission Endorsement Guidelines
We ask that Aﬃliates adhere to provincial and federal consumer protection laws and endorsement guidelines, including provincial consumer protection legislation, the CASL, the Competition Act, the Code, Federal
Trade Commission (FTC) Act and the CAN-SPAM Act. Any spamming behavior could result in irreparable harm to AG Hair’s name, which is why we ask that Aﬃliates fully disclose the connection between AG Hair and themselves to oﬀer transparency in the selling of the advertised products.
TERMS AND CONDITIONS
1. Submitting Your Application
Registering for our AG Hair Aﬃliate Program binds you to the terms of this Agreement. Once registered with our AG Hair Aﬃliate Program, Aﬃliates will legally advertise our website to receive a commission on purchases made by referral customers. Please provide accurate and complete information. The AG Hair team will decide on each candidate and notify you of acceptance into or rejection from the program. Please note that we reserve the right to reject your application into the program if we deem the content created on your website or advertisements unsuitable.
2. Aﬃliate Obligations
2.1. The terms and conditions of this Agreement begin when Applicants complete registration and submit required forms. The terms and conditions will end when an Aﬃliate’s contract is terminated. Upon approval of your registration into our program, we may reevaluate your acceptance into the Aﬃliate Program at any time, as many times as we deem necessary or desirable. For any reason, we may revoke your participation in the AG Hair Aﬃliate program if we identify unsuitable and inappropriate content containing but not limited to:
● 2.1.1. False and misleading promotions with regard to AG Hair or any other vendor.
● 2.1.2. Coupon code misuse or spamming using your Aﬃliate Link.
● 2.1.3. Utilization of photos, videos, music, and other forms of content that violate law, copyright, trademarks, and intellectual property.
● 2.1.4. Participating in intimidation, harassment, or threats of others on your website, social media, and other forums.
● 2.1.5. Graphic, explicit content deemed unsuitable by the AG Hair team.
● 2.1.6. Participation and bolstering of criminal activities.
● 2.1.7. Diverting commission from other Aﬃliates in our program through social media operations.
● 2.1.8. Artiﬁcially soliciting likes, comments, followers, and clicks to the Aﬃliate Link with bots or other means of automation that would harm AG Hair’s reputation.
2.2. AG Hair reserves the right to review your placement in the Aﬃliate Program and approve or deny the usage of Aﬃliate Links. AG Hair will provide graphics and text you may use. Aﬃliates will not use their Aﬃliate Link to make purchases, as they will not receive commission on their purchases. Aﬃliates will also not receive commission from purchases of AG Hair by residents in the household of the Aﬃliate. Aﬃliates may not knowingly allow others to repeatedly use their Aﬃliate Link to earn a commission.
2.3 The responsibility of updating your website and/or social media (collectively, the “Sites”) is up to the Aﬃliate. AG Hair may monitor your website and social media to ensure proper updates and maintenance, and we may make recommendations to improve the performance of your Aﬃliate Link.
2.4 As an Aﬃliate, you are an independent contractor, which means that nothing in this Agreement will create a partner enterprise, agency, franchise, sales, business, or employment relationship between you and AG Hair. You will accept or make no oﬀers on AG Hair’s behalf, neither will you make any statement on your Sites that would contradict anything in this section.
3. Restrictions on Promotions
While we give our Aﬃliates freedom to market AG Hair on their websites and social media, the way an Aﬃliate advertises their Aﬃliate Code and the AG Hair brand could lead consumers to perceive an Aﬃliate’s relationship with our brand as a partnership. For this reason, AG Hair prohibits certain forms of advertising.
3.1. Using “AG Hair”
An Aﬃliate may not use the term “AG Hair” in any form for website domains, blogs, Facebook proﬁles, YouTube channel names, usernames on Twitter and Instagram, or any and all URLs or proﬁle names associated with their account.
3.2 Spamming & Disclosure
Spamming is unacceptable behavior to AG Hair and may be misconstrued as direction coming from our company, damaging our name. We ask that Aﬃliates abide by all provincial and federal consumer protection laws and guidelines, including Canadian’s Anti-Spam Legislation (CASL).
AG Hair requires all paid endorsers to disclose this commercial relationship to purchasers of AG Hair products. The Competition Act contains civil and criminal provisions that apply to false or misleading claims made to promote the use of products. Further, the Canadian Code of Advertising Standards (Code) states that no advertising shall be presented in a format or style that conceals its commercial intent.
We urge our Aﬃliates to comply with this legislation and we reserve the right to terminate our relationship with non-compliant Aﬃliates. If the account is terminated due to spamming or solicitation, any pending commission will not be paid
3.2.1 FTC Guidelines & Spamming
Spamming is unacceptable behavior to AG Hair and may be
misconstrued as direction coming from our company, damaging our name. We ask that
Affiliates abide by all state and federal consumer protection laws, including
the FTC Act and CAN-SPAM Act. The FTC states that it is imperative to fully
disclose the connection between the endorser and seller of the product. We urge
our Affiliates to comply with the FTC’s rules, and we reserve the right to
terminate our relationship with non-compliant Affiliates. If the account is
terminated due to spamming or solicitation, any pending commission will not be
3.3. Unsolicited Commercial Email (UCE)
Your customers may be contacted through email with an Aﬃliate Code, but the customer must have signed up previously for your website or subscribed to services through your website. Of those receiving the email, an opt-out option must be present on each email.
3.4. Copyright and Trademark Infringement
When our copyrights, registered trademarks, patented, and patent-pending products are infringed upon, and when our products are mimicked in the sale of counterfeit packaging, AG Hair reserves the right to pursue legal remedies against all parties involved against this behavior. Aﬃliates will not promote, manufacture, distribute or sell products that replicate the design, function, and structure of our products. Those Aﬃliates participating in copyright and trademark infringement may be removed from the Aﬃliate Program. AG Hair will not tolerate this behaviour and will legally pursue anyone involved in the manufacturing, distribution, and sale of counterfeit or patent infringing products.
3.5. Paid Search Policies
Aﬃliates are prohibited from bidding at pay per click search engines including but not limited to Google, Yahoo, and Bing. AGHair.com is a protected trademark and does not allow trademark bidding on any search engine or paid placement services like Google, Yahoo, Bing, Ask, Facebook, Instagram, or any other social networking websites.
Aﬃliates must not bid on trademarked or registered terms and products either, including phrase types, misspellings, variations, or combinations (i.e. AGHair.com, AG Hair, A G Hair, etc.) Aﬃliates will be banned from the AG Hair Aﬃliate Program should the AG Hair team ﬁnd them in trademark violation and in violation of our paid search policies. AG Hair will contact Aﬃliates prior to banning them, but we reserve the right to ban an Aﬃliate from the Aﬃliate Program without notice and on the ﬁrst occurrence of PPC bidding behaviour. If suspended from our program, the Aﬃliate will make a forfeiture of all commissions.
3.6. Coupon Code Marketing Guidelines
We allow our Aﬃliates to participate in coupon marketing, but they must follow our terms:
● 3.6.1. Aﬃliates must use the active coupon code given to them through the AG Hair Aﬃliate Program. They must not use Aﬃliate Codes from other Aﬃliates, unauthorized coupon codes, or other promotional codes located on customer-oriented emails and correspondence from AG Hair, or promotional codes through AG Hair’s non-Aﬃliate networks. Use of any other coupon code other than the one provided to them exclusively through the AG Hair Aﬃliate Program will result in loss of commissions and/or removal from the Aﬃliate Program at the discretion of the AG Hair team.
● 3.6.2. Aﬃliates must provide the oﬀer, the coupon code, the expiration date, and the approved link only when using promotional language with their AG Hair Aﬃliate Link. AG Hair does not tolerate the use of unethical sales techniques like bait-and-switch language, misrepresentations, or false advertisements on oﬀers. Aﬃliates must remove invalid coupon codes and banners in a timely manner, and notify customers when codes are expired.
● 3.6.3. Aﬃliates have the responsibility of removing unauthorized, user-submitted codes.
● 3.6.4. Aﬃliates must disclose the distribution of coupon codes on multiple sites and have approval from the AG Hair Aﬃliate Program. Any new websites and promotions where the AG Hair Aﬃliate link is embedded should be disclosed and sent to the AG Hair Team for approval at firstname.lastname@example.org.
● 3.6.5. Aﬃliates must remove abuses of any guidelines listed above immediately, upon warning. AG Hair reserves the right to suspend Aﬃliates from the Aﬃliate Program and suspend pending commission if Aﬃliates fail to comply and repeatedly engage in coupon code misuse and/or abuse our guidelines.
4. Grant of Licences
4.1 With the Aﬃliate Program, AG Hair grants you a non-exclusive, non-transferable, revocable right to access the AG Hair site through use of HTML links in adherence to these terms and conditions, and through this agreement and in sole connection with only these links to use logos, trade names, trademarks, and similar identifying materials (collectively, the “Licensed Materials”) that AG Hair provides to you and authorized for promotional purposes. Access to these materials is exclusive to members of our AG Hair Aﬃliate Program. With participation in the AG Hair Aﬃliate program, you agree that all uses of these licensed materials are on behalf of AG Hair and for the sole beneﬁt of AG Hair.
4.2. Parties must not use promotional materials in a discriminatory, deceptive, or indecent way, or in any behaviour that portrays AG Hair or any party in a negative manner. Each party retains all its respective rights in relation to the trademarked, patented, and copyrighted materials in this Agreement. With this licence, all parties in this agreement retain right, title, and interest to their respective rights, with none being transferred to the other.
NO IMPLIED OR EXPRESSED REPRESENTATIONS OR WARRANTIES ARE MADE BY AG HAIR IN RELATIONSHIP TO THE PROGRAM, THE SERVICES OF AG HAIR, THE WEBSITE OR PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLICATIONS OF WARRANTY OF AG HAIR ARE EXPRESSLY DISCLAIMED AND EXCLUDED. AG HAIR MAKES NO PROMISES THAT ITS SITE WILL BE UNINTERRUPTED AND WITHOUT ERRORS. AG HAIR IS NOT LIABLE FOR THE OUTCOMES DUE TO OPERATIONAL DISCONTINUITY ONLINE.
6. Representations and Warranties You uphold and agree that:
6.1. In respect to this agreement, you have duly and faithfully delivered and executed it, and it embodies your legal, valid, and binding obligation, which may be enforced against you in agreement to the terms listed.
6.2. Aﬃliate have the full justiﬁcation, freedom, and authority to partake in the terms and conditions of this Agreement and comply and perform the responsibilities on all matters therein without consent of any other party;
6.3. Aﬃliates possess the right, title, and interest in and to the privileges in this Agreement.
During the term of this agreement, any and all disclosed private and conﬁdential information marked “Conﬁdential” will remain under the control and ownership of the disclosing party, included but not limited to customer and ﬁnancial information. Under no circumstances will either party use or disclose this information without the disclosing party’s prior written permission and consent.
8. Limitations of Liability
WITH RESPECT TO THE RESPONSIBILITIES OF THIS AGREEMENT, AG HAIR IS NOT LIABLE TO YOU UNDER ANY CONTRACTUAL OBLIGATION, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING AND NOT LIMITED TO REVENUE OR GOODWILL LOSS, EXPECTED PROFITS, OR LOSS IN BUSINESS), EVEN WITH ADVISEMENT OF A POSSIBILITY OF DAMAGE. FURTHER, IN SPITE OF ANYTHING TO THE CONTRARY INCLUDED IN THESE TERMS AND CONDITIONS, AT NO TIME SHALL AG HAIR’S OVERALL RESPONSIBILITY AND LIABILITY TO ITS AFFILIATE, COMING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER IN CONTRACTUAL OBLIGATION, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO THE AFFILIATE UNDER THIS AGREEMENT.
Aﬃliates will receive a commission veriﬁed customer purchases through their Aﬃliate Link. The accounts that place orders must be ﬁrst-time customers only. AG Hair requires that you must be approved to be an Aﬃliate before you can place Aﬃliate Links. Once approved, Affiliates need to log into the Refersion portal (http://www.refersion.com/affiliate/login
) to check commissions and purchases in their dashboard
At any time, the payout rate may be changed, and Aﬃliates can monitor via their Aﬃliate account at Refersion.com The Aﬃliate has the responsibility to judge whether or not the payout for a link has been changed or discontinued. An Aﬃliate will receive payments on the 15th day of each month when the account balance reaches its required minimum threshold or more for transactions during the previous month. Accounts do not accrue interest.
Agreeing to this document conﬁrms that you agree to indemnify and hold innocent AG Hair, its subsidiary companies, aﬃliates, directors, oﬃcers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (as well as reasonable attorneys’ fees) (collectively “Losses”) inasmuch as these Losses (or actions in relation to the Losses) are arising out of or are based on: (i.) the claim that AG Hair’s trademark infringes on a trademark, trade name, service mark, copyright, license, intellectual property, other proprietary right of a third party; (ii.) any misstatement of a warranty representation or covenant and agreement breach made by you herein; or (iii.) any claim related to your site, without limitation, involving content not attributable to AG Hair.
At AG Hair’s sole discretion, we reserve the right to modify the terms and conditions of this Agreement. We may change, and are not limited to, payment procedures and AG Hair’s Aﬃliate Program rules. Aﬃliates that ﬁnd our modiﬁcations unacceptable must end this Agreement if they would not wish to comply. An Aﬃliate’s continued participation in the AG Hair Aﬃliate Program after the posting of a change notice or new terms and conditions on our site indicates agreement to the modiﬁcations.
12. Revocation of Aﬃliation
AG Hair retains the right to end Aﬃliation at any time, with or without cause, with a written notice through mail, email, or fax. If you breach this agreement, it will terminate immediately. If the AG Hair team revokes an Aﬃliate, they cannot join the AG Hair Aﬃliate Program in the future.