Last Updated: [Today’s Date, e.g., August 20, 2024]
1. Introduction and Agreement
By applying to become an affiliate of LuiGlow (“the Program”), you (“Affiliate”, “You”) agree to be legally bound by the following Terms and Conditions (“Terms”). These Terms form a legally binding agreement between you and LuiGlow (“We”, “Us”, “Company”). If you do not agree to all these Terms, do not apply or participate in the Program.
2. Eligibility
To apply and participate in the Program, you must:
Be at least 18 years of age (or the age of majority in your state of residence).
Have a website, blog, social media profile, YouTube channel, or other online platform (“Your Site”) with original, relevant, and appropriate content.
Possess a genuine and engaged audience.
Agree to promote LuiGlow products ethically, honestly, and in full compliance with these Terms.
Not operate a site that contains defamatory, obscene, pornographic, illegal content, promotes violence, discrimination (based on race, sex, religion, nationality, disability, sexual orientation, or age), or infringes upon any intellectual property rights.
Have a valid U.S. Tax Identification Number (TIN) or Social Security Number (SSN) for tax reporting purposes, if required.
LuiGlow reserves the right to refuse or terminate the affiliation of any person or entity at its sole and absolute discretion.
3. Application and Approval Process
Application is made by filling out the online form completely and accurately.
Approval is not automatic. Our team will review Your Site and profile to ensure alignment with LuiGlow’s values, quality standards, and these Terms.
You will be notified via email regarding the approval or rejection of your application.
Even after approval, LuiGlow may terminate this agreement at any time if it determines your content or practices violate these Terms.
4. U.S. Marketing Laws & Compliance (Acknowledgment of U.S. Jurisdiction)
As a participant in this Program, you acknowledge that your activities may be subject to the laws of the United States. You expressly agree to comply with all applicable federal and state laws and regulations.
A. FTC Guidelines on Disclosure (16 CFR Part 255):
Requirement: You must clearly and conspicuously disclose your material connection to LuiGlow (i.e., that you earn a commission) on every platform and in every communication where an affiliate link appears or an endorsement is made.
Clear and Conspicuous Means: Disclosures must be:
In plain and unambiguous language.
Placed immediately next to or above the affiliate link or endorsement.
In a font and color that is easy to read against its background.
Not hidden behind hyperlinks like “Terms” or “Details,” in a footer, or in a block of other hashtags.
Acceptable Disclosures: “#ad,” “#sponsored,” “Paid promotion,” or a clear statement like “I earn a commission from links on this page.” Standalone disclosures like “#affiliate” or “#commission” may be insufficient; you must ensure the average consumer understands the commercial relationship.
B. FDA & FTC Regulations on Product Claims:
Prohibition of Drug Claims: LuiGlow products are cosmetics. It is ABSOLUTELY PROHIBITED to make any claim that our products “diagnose,” “cure,” “mitigate,” “treat,” or “prevent” any disease or medical condition (e.g., alopecia, dermatitis, psoriasis, scalp infections). Such claims illegally classify our products as drugs under the U.S. Food, Drug, and Cosmetic Act (FD&C Act).
Substantiation of Claims: All claims about product performance or benefits (e.g., “adds shine,” “reduces frizz”) must be truthful, not misleading, and backed by competent and reliable evidence. You may only use claims officially provided and approved by LuiGlow.
C. CAN-SPAM Act Compliance:
If you use email marketing, you must comply fully with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act. This includes:
Not using false or misleading header information.
Not using deceptive subject lines.
Identifying the message as an advertisement.
Including your valid physical postal address in every email.
Providing a clear and obvious way for recipients to opt-out of future emails and honoring opt-out requests promptly.
D. State-Specific Privacy Laws (e.g., CCPA/CPRA):
If you collect personal information from consumers (e.g., through a lead magnet), you are likely a “Business” or “Service Provider” under laws like the California Consumer Privacy Act (CCPA). You are solely responsible for understanding and complying with all applicable data privacy laws. LuiGlow is not liable for your data collection or privacy practices.
5. Brand and Advertising Guidelines
A. Use of Brand Materials:
You will receive access to logos, banners, product images, and text (“Marketing Materials”). They may only be used for the sole purpose of promoting LuiGlow within the Program.
You are prohibited from altering, distorting, or modifying the logos or product images in any way.
You may not register domains, social media usernames, or create profiles containing the trademarks “LuiGlow”, “Lui Glow”, or any variation that may cause confusion, dilute the brand, or imply an official partnership or sponsorship beyond the affiliate relationship.
B. Prohibited Promotion Methods:
Spam (unsolicited email, blog comments, direct messages).
Unauthorized contextual advertising (e.g., bidding on Google Ads for branded keywords like “LuiGlow” or “LuiGlow discount”).
Use of adware, spyware, malware, or parasitic software.
Fraudulent or artificial click activity.
Promotion on coupon, deal, or discount sites not explicitly authorized by LuiGlow.
Any deceptive, misleading, unethical, or illegal practice.
6. Commissions and Payments
Earning Commissions: You will earn a commission only for “Qualified Sales.” A Qualified Sale is a sale that is (a) made by a unique customer who has clicked your unique affiliate link; (b) tracked correctly by our system (SliceWP); (c) not refunded, charged back, or fraudulent; and (d) not made through a prohibited channel.
Commission Rate: The current standard commission rate is [e.g., 20%] of the net sale value (after taxes, shipping, and discounts). LuiGlow reserves the right to change commission rates, payment schedules, and the Program structure with 30 days’ notice.
Cookie Duration: We use a tracking cookie with a duration of [e.g., 30] days. The last affiliate link clicked by the customer before purchase will receive credit for the sale.
Payments & Tax Reporting: Payments are processed monthly, provided your commission balance reaches the minimum payout threshold of $[e.g., 100.00]. Payments are made via [e.g., ZELLE OR VENNO]. You are responsible for all taxes on commissions earned. LuiGlow will issue a IRS Form 1099-NEC to U.S. affiliates whose earnings meet or exceed the IRS threshold ($600 per calendar year).
7. Intellectual Property
You acquire no intellectual property rights over LuiGlow’s products, trademarks, trade names, or Marketing Materials. All rights are and shall remain the exclusive property of LuiGlow. You grant LuiGlow a non-exclusive license to use your name, logo, and content for the purpose of promoting the Program.
8. Term and Termination
This agreement begins upon your approval and remains in effect until terminated by either party. You may terminate at any time by providing written notice to LuiGlow. LuiGlow may terminate this agreement at any time, with or without cause, upon notice to you. Upon termination:
You must immediately remove all LuiGlow banners, links, and Marketing Materials.
All licenses granted to you herein will immediately terminate.
You will forfeit all rights to any pending commissions.
Commissions for Qualified Sales generated and finalized before the termination date will be paid in the next scheduled payment cycle.
9. Limitation of Liability & Disclaimer
Disclaimer: THE PROGRAM AND MARKETING MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. LUIGLOW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM.
Limitation of Liability: IN NO EVENT SHALL LUIGLOW’S TOTAL LIABILITY TO YOU ARISING FROM THIS PROGRAM EXCEED THE TOTAL COMMISSION FEES PAID TO YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. LUIGLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF ADVISED OF THEIR POSSIBILITY.
10. Governing Law and Dispute Resolution (MANDATORY ARBITRATION)
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Mandatory Arbitration: ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN WILMINGTON, DELAWARE. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
Class Action Waiver: YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
11. General Provisions
Independent Contractor: You are an independent contractor. Nothing herein creates an employment, partnership, or joint venture relationship.
Modifications: LuiGlow reserves the right to modify these Terms at any time. Changes will be communicated via email and/or posted on our website and will be effective 30 days after notice. Your continued participation in the Program after changes constitute your binding acceptance of the new Terms.
Severability: If any provision is found invalid, the remainder of the Terms shall remain in full force and effect.
Acknowledgement and Acceptance
By checking the box “I have read and agree to the LuiGlow Affiliate Program Terms and Conditions,” I declare under penalty of perjury that:
I have read, understood, and unconditionally agree to all the terms and conditions above.
I am aware of and agree to comply with all applicable U.S. Federal and State marketing, advertising, and privacy laws.
I understand the strict prohibition on making unauthorized medical claims.
I acknowledge the mandatory arbitration clause and class action waiver.
I commit to promoting LuiGlow products with the highest degree of honesty, transparency, and professionalism.