TERMS & CONDITIONS
BEAUTY.COM, INC. ASSOCIATE PROGRAM
This Agreement defines your relationship with Beauty.com, inc. d/b/a drugstore.com, inc. (herein after referred to as Beauty.com). This Agreement contains the terms and conditions that apply to a party’s participation as an associate in the Beauty.com Associate Program (the "Program"). As used in this Agreement, "we" means Beauty.com and "you" means the applicant party. "Site" means a World Wide Web site and, depending on the context, refers to the Beauty.com Web site or to the site that you will link to our site (and which you will identify in your Program application).
WHEREAS, Beauty.com, a Delaware corporation, is an e-commerce store for the purpose of selling beauty items;
WHEREAS, Beauty.com has established a Program for the purposes of (i) allowing associates to advertise and promote Beauty.com’s products on their websites by and through LinkShare, and (ii) establishing links from associates’ sites to the Beauty.com website, www.Beauty.com, for the purpose of allowing users of associate sites to purchase products from Beauty.com; and
WHEREAS, you, as an associate of Beauty.com through LinkShare, desire LinkShare to provide you links to our Site to participate in our Program, and to advertise and promote Beauty.com products on your Site, and allow users of your Site to link to our Site for the purpose of purchasing products from Beauty.com.
1. Enrollment in the Program
You may submit a completed Program application to begin the enrollment process. Submission of your application for enrollment into the Program implies acceptance of the terms set forth in this Agreement. We will evaluate your application in good faith and notify you of its acceptance or rejection. We may reject your application if, in our sole discretion, we determine for any reason that your Site is unsuitable for the Program. An unsuitable Site includes, but is not limited to, a Site that promotes: lewdness; pornography; obscenity; violence; discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or illegal activities. Unsuitable Sites also include a Site that uses "Beauty.com" or variations or misspellings thereof in its domain names or otherwise violate intellectual property rights of Beauty.com. Further, we will reject your application if it is incomplete. If we reject your application, you may reapply to the Program at any time; however, you shall not link to our Site unless you are approved for the Program.
Individuals or entities are prohibited from participating in the Program if they are or become residents of a Prohibited Jurisdiction. A Prohibited Jurisdiction includes (i) Rhode Island, (ii) any local, state, provincial, federal or other jurisdiction that would require us to begin collecting sales tax in or to file a tax return with such jurisdiction because of your participation in the Program, or (iii) any other jurisdiction wherein such an arrangement violates the law. If at any time following your enrollment in the Program you become a resident of a Prohibited Jurisdiction, you must immediately notify us, and this Agreement will automatically terminate as of the date you establish residency in that Prohibited Jurisdiction.
2. Linking to the Beauty.com Site from Your Site
Once you have been accepted into the Program, you will be provided with links that connect your Site to areas within our Site using special URLs specified in the Program (the "Links"). You may post as many Links to the Required URLs as you like on your Site,provided that you disclose the advertiser/endorser relationship as detailed in Section 16 of this document. The position, prominence and nature of Links on your Site shall comply with any requirements specified in this Agreement.
3. Order Processing
We will process product orders placed by customers who Link from your Site to our Site in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products through a Link from your Site to our Site and you will be provided with reports summarizing this sales activity through our partner LinkShare. The form, content, and frequency of the reports may vary from time to time in our or LinkShare’s discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Site and our Site are properly formatted.
4. Referral Fees and New Customer Bounties
We will pay, through our partner LinkShare, for marketing fees accrued on sales of certain products to third parties (the "Referral Fees"). For a product sale to generate a Referral Fee, a customer must visit our Site through a Link; place an order for Health, Beauty, Wellness, or Personal Care products; accept delivery of the products at the shipping destination; and remit full payment to us (the "Qualified Sale"). We will not pay Referral Fees on any products that are added to a customer’s shopping cart after the customer has re-entered our Site (other than through a Link), even if the customer previously followed a Link from your Site to our Site. Customer Service invoice adjustments and reorders are not eligible to earn Referral Fees.
5. Fee Schedule
You will earn Referral Fees based on the sale price of Beauty.com products, according to fee schedules to be established by us. "Sale price" means the cost listed on the Beauty.com Site and excludes costs for shipping, handling, rebates, and taxes. The fee schedule to which you agree is listed in your LinkShare offer. All percentages listed are of "Gross Receipts" for those sales of Beauty.com products via a Link from your Site(s).
"Gross Receipts" shall mean the revenues generated by all initial sales of Beauty.com products to those customers who "clicked" a Link from your Site during the term of this Agreement, and then purchased an eligible product via Beauty.com’s shopping cart, less refunds, returns, credit card fees and chargebacks and shall not include costs or revenues associated with sales taxes and shipping and handling. Gross Receipts shall not include any other sale or service which Beauty.com subsequently makes to such customer.
6. Fee Payment
Payments will be made as stated in your LinkShare offer terms, as per LinkShare standard payment procedures.