Affiliate Marketing Program Terms and Conditions

This Affiliate Program Operating Agreement (this “Agreement”) is made by and between FabFitFun, Inc., a Delaware corporation (“FabFitFun”), and you, the party submitting an application to become a FabFitFun affiliate partner (“Partner" or “you”) via the Social Snowball partner platform. FabFitFun and Partner are collectively referred to herein as the “Parties,” and each individually as a “Party.”

The terms and conditions contained in this Agreement apply to your participation in FabFitFun’s Evie Beauty Fuel affiliate partner program ("Partner Program"). By signing up to this Partner Program and clicking the checkbox to these Terms and Conditions, or participating in a Partner Program offer (each, an “Offer”), you expressly consent to all the terms and conditions of this Agreement. Please read them carefully.

  1. Eligibility

    1. To be eligible for participation in the Evie Beauty Fuel Affiliate Program, applicants must be 18 years or older and have an active and valid method of payment reception.

    2. Evie Beauty Fuel reserves the right to approve or reject any application to the program at its sole discretion.

  1. Program Participation

    1.  Affiliate partners will receive a unique referral code (“Code”) and/or link (“Link”) that identifies you as a Partner from Social Snowball to share with potential new customers. This referral code and/or link will permit Social Snowball to track sales attributable to your unique referral code or link. 

    2. Commissions are earned on qualifying sales that are directly attributable to the Partner’s referral code or link.

    3. Partners are responsible for ensuring their referral methods comply with all applicable laws and regulations.

  1. Commission and Payments

    1. Commission rates are subject to change at FabFitFun's discretion. Affiliates will be notified of any changes.

    2. Payments of commissions are contingent upon the collection of funds from the referred customer. Returned or canceled sales will result in the deduction of the corresponding commission from the affiliate's balance.

    3. All commissions are subject to review and verification by Evie Beauty Fuel. This process is to ensure the integrity of the Affiliate Marketing Program and may include the delay or withholding of payment while an investigation is conducted.

    4. Commissions deemed to be earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided.

    5. Evie Beauty Fuel reserves the right to withhold or delay payment of commissions pending an investigation of breach of these terms.

    6. Payment of Invoices.  Within approximately five (5) business days of the transaction, Social Snowball will make available the transaction information, visible on your Affiliate account dashboard, for all Commissions payable under this Agreement, and the payment shall be remitted to you within approximately forty-five (45) days of the generation of the transaction. Commissions will be paid per the payment method or a bank account you have connected to your Affiliate account. In order to receive payment, you must connect your preferred payment method or a bank account to your Affiliate account (via Affiliate account dashboard) and provide the necessary payment information to successfully receive payments.

    7. Required Tax Forms. From time to time, FabFitFun may request tax information from you. If you do not provide the requested information, FabFitFun may (in addition to any other rights or remedies available to us) withhold your commissions until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

  1. Promotion of the Code and/or Link

    1. You may only display your Link and/or Code on digital media platforms (including, but not limited to any platforms requested by FabFitFun) owned or controlled by you, or in emails sent by you and clearly identified as coming from you and in online advertisements, if applicable (collectively, "Media").

    2. Posting on coupon websites, such as CouponBird and Honey, is strictly prohibited. Partners found to be sharing or allowing their codes to be posted on such sites will be subject to immediate termination from the program and forfeiture of any pending commissions. 

    3. Partners are encouraged to report any unauthorized use of their codes to Evie Beauty Fuel for investigation.

  1. Program Participation Requirements; General Conduct; Endorsements and Testimonials; Proof of Compliance.

    1. Program Participation Requirements. As an express condition to your participation in the Partner Program, you agree to the following Program Participation Requirements:

      1. You have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

      2. You will ensure that all materials posted on your Media or otherwise used in connection with the Partner Program: (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability, age, or sexual orientation), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that FabFitFun informs you that it considers objectionable (collectively, "Objectionable Content"), and (iv) are not directed toward individuals under 18 years of age.

      3. You will not make any representations, warranties or other statements concerning FabFitFun or any of our products or services, except as expressly authorized herein.

      4. You will not take any action that could reasonably cause any customer confusion as to FabFitFun’s relationship with you and you will make sure that your Media does not create the impression that your Media is endorsed by FabFitFun, or other third parties.

      5. You will comply with all (i) obligations, requirements, guidelines, and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media, or your use of the referral code and/or link.

      6. You will comply with the terms, conditions, guidelines and policies of any third-party services used by you in connection with the Partner Program, including but not limited to, email providers, social networking services and ad networks.

      7. You will always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by FabFitFun, or as required by applicable laws regarding such Offers.

      8. You will make sure to not place FabFitFun ads on any online auction platform (i.e. eBay, Amazon, etc).

      9. You will not offer any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using your Link (e.g., by implementing any “rewards” or loyalty program that incentivizes persons or entities to use your Link).

      10. You will not use any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other Partners, or falsify information in connection with referrals through your Link or the generation of Commissions. Such acts include, but are in no way limited to:

        1. using automated means to increase the number of clicks through any provide links, or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud.

        2. causing your Link to populate in a customer’s browser other than as a result of the customer clicking on or entering your Link;

        3. attempting to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert commissions from, any other Partners that participate in the Partner Program; and

        4. cloaking, hiding, spoofing, or otherwise obscuring the URL of your Link (including by use of a redirecting page) or the user agent of the application in which the Code or Link is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through to your Code or Link.

      11. You will not engage in search engine keyword bidding using FabFitFun’s trademarked terms, including but not limited to “FabFitFun,” “fabfitfun,” “fabfitfun reviews,” “fab fit fun,” etc.

      12. Additional restrictions or guidelines may apply to the specific product or Program that you participate in. Partners will receive these additional guidelines when provided with the Code or Link. 

    2. General Conduct.  As a Partner you are a brand ambassador and may not engage in any conduct that may damage the goodwill, reputation, brand, management, personnel, or business of FabFitFun, in FabFitFun’s sole discretion.  Any statements you make concerning FabFitFun must be truthful and not misleading. You may not make claims of any kind about the amount of actual or potential compensation you or another Partner receives or may receive.  Claims include, but are not limited to, showing cash, copies of checks, bank statements, or tax records, making income projections, or showing photographs, videos or other visual depictions that infer or state that you are able to enjoy a particular lifestyle due to the commissions you receive from the Partner Program. 

    3. Endorsements and Testimonials.  Endorsements and testimonials are closely regulated and any statements you make about FabFitFun’s products and services must be honest and not misleading.  Accordingly, as an express condition to your participation in the Partner Program, you must clearly disclose that as a Partner you receive commissions from purchases made using your Link.  For social media postings, You may instead use the disclosure provided to you by FabFitFun, which FabFitFun may amend or supplement from time to time.  

    4. Proof of Compliance.  You will provide us with any information that we request to verify your compliance with this Agreement.  In addition to any other rights or remedies available to us, we may terminate this Agreement, withhold (and you agree you are not eligible for) any Commissions payable to you under this Agreement, or both, or implement other disciplinary measures as we deem appropriate in our sole discretion, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you have not complied with any Program Participation Requirements or have otherwise violated this Agreement.

  2. Confidentiality. Except as otherwise provided in this Agreement or with the consent of FabFitFun, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Partner Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. You shall not use any information obtained from the Partner Program to develop, enhance or operate a service that competes with the Partner Program, or assist another party to do the same.

  3. Limited License & Intellectual Property. FabFitFun grants you a nonexclusive, nontransferable, revocable right to use your referral code and link, and any provided information solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Partner Program. You may not alter, modify, manipulate or create derivative works of any FabFitFun graphics, creative, copy or other materials owned by, or licensed to, FabFitFun in any way. Furthermore, you will comply with any additional guidelines we provide with regard to FabFitFun’s intellectual property with respect to the graphic reproduction, appearance, and “look and feel” related to the marketing and representation of FabFitFun. You are only entitled to use the referral codes and links to the extent that you are a member in good standing of the Partner Program. We may revoke your license anytime, and for any reason, by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of FabFitFun’s trademarks, service marks, copyrights, patents or trade secrets, or the intellectual property of any of its affiliated, owned and/or controlled brands. You agree that FabFitFun may use any photo, video, suggestion, comment or recommendation you choose to post in connection with the Partner Program, and your name and likeness in connection therewith, without compensation, for any purpose, in perpetuity. All rights not expressly granted in this Agreement are reserved by FabFitFun.

  4. Termination. This Agreement shall commence on the date of our approval of your Partner Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Partner Program at any time by written notice. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling your Link or your use of the Codes or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of all Links or Codes, and will cease representing yourself as a FabFitFun Partner for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.

  5. Remedies. In addition to any other rights and remedies available to FabFitFun under this Agreement, FabFitFun reserves the right to delete any actions submitted through your Link and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) FabFitFun determines that you have violated this Agreement, (ii) FabFitFun receives any complaints about your participation in the Partner Program which FabFitFun reasonably believes to violate this Agreement, or (iii) any qualified sale is later determined to have not met the requirements set forth in this Agreement or on the Partner Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, FabFitFun reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

  6. Compliance with Privacy and Data Protection Laws. In connection with your participation in the Partner Program you represent and warrant that you will comply with all applicable privacy and data protection laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including but not limited to laws (federal, state, provincial, or otherwise) that govern the collection and use of personal information, including marketing and communications. This means you must respect any and all legal restrictions regarding unsolicited emails, text messages, phone calls and the like.  Accordingly,  it is your sole obligation to ensure any communications made  by you comply with applicable law. You agree not to rely upon FabFitFun’s approval of your participation in the Partner Program as  evidence of compliance with applicable law, and you will not assert any claim that you are in compliance with applicable law based upon FabFitFun’s approval of your participation in the Partner Program.

  7. Representations and Warranties. You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, FabFitFun represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to FabFitFun’s own business operations or FabFitFun’s proprietary products or services.

  8. Modifications. In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective immediately after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty. Your continued participation in this Partner Program after a change notice has been posted will constitute your acceptance of such change. In addition, FabFitFun may change, suspend or discontinue any aspect of an Offer or remove, alter, or modify any tags, text, graphic or banner ad in connection with any Offer. You agree to promptly implement any request from FabFitFun to remove, alter or modify any link, graphic or banner ad that you are using as part of the Partner Program.

  9. Independent Investigation. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Partner Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.

  10. Indemnification. Partner hereby agrees to indemnify, defend and hold harmless FabFitFun, and its respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Partner herein, or (ii) any claim related to your Media, including but not limited to, the content contained on such Media (excluding any content provided by FabFitFun).

  11. Disclaimers. THE PARTNER PROGRAM, YOUR LINK, THE REFERRAL CODES, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO PARTNER "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, FABFITFUN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FABFITFUN DOES NOT WARRANT THAT THE PARTNER PROGRAM OR DISCOUNT CODE WILL MEET PARTNER'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PARTNER PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. FABFITFUN DOES NOT GUARANTEE THAT PARTNER WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

  12. Limitation of Liability. IN NO EVENT SHALL FABFITFUN BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE DISCOUNT CODES/LINKS, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF FABFITFUN. IN NO EVENT WILL FABFITFUN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FABFITFUN HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FABFITFUN’S CUMULATIVE LIABILITY TO PARTNER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO PARTNER BY FABFITFUN IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

  13. Arbitration. The parties hereby agree that all controversies and claims arising out of this Agreement shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”); provided however that the parties hereto reserve their rights to seek and obtain injunctive or other equitable relief from a court of competent jurisdiction, without waiving the right to compel such arbitration pursuant to this Section. The arbitration shall be conducted by one arbitrator who is a member of the AAA and who is selected pursuant to the methods set out in the applicable rules of the AAA. Any claims received after the applicable/relevant statute of limitations period has passed shall be deemed null and void. The award of the arbitrator shall be a reasoned award with findings of fact and conclusions of law. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, to enforce an arbitration award, and to vacate an arbitration award. However, in actions seeking to vacate an award, the standard of review to be applied by said court to the arbitrator’s findings of fact and conclusions of law will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. The arbitration shall take place in Los Angeles County, California, and the arbitrator shall apply California law in rendering a decision. The parties shall equally share the costs of the arbitrator. 

  14. Governing Law & Miscellaneous. Partner shall be responsible for the payment of all attorney’s fees and expenses incurred by FabFitFun to enforce the terms of this Agreement. This Agreement contains the entire agreement between FabFitFun and Partner with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Partner may not assign all or any part of this Agreement without FabFitFun’s prior written consent. FabFitFun may assign this Agreement at any time with notice to Partner. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. Any accrued payment obligations shall survive the termination of this Agreement. All provisions of this Agreement which, by their nature, are intended to survive termination (including but not limited to the indemnity obligations, confidentiality and limitation of liability) will so survive. This Agreement is governed by the laws of the State of California, excluding its provisions governing conflicts of law. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved as set forth in the Arbitration Clause above. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement and you are not an employee of FabFitFun. Accordingly, you are not guaranteed an income or fixed compensation of any kind and you are solely responsible for reporting your income and paying all required taxes in accordance with applicable law. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. 

By signing up and participating in the Partner Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not sign up to the Partner Program nor agree to these Terms and Conditions. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.