LILIXIR Affiliate Program Terms and Conditions

 1. General rules

1.1 Welcome to the LILIXIR Affiliate Program, also known as the "Affiliate Program" or "Program" in this document.

1.2 These terms and conditions, including the Affiliate Program Requirements (referred to as "Program Requirements"), constitute the "Terms" that govern the Affiliate Program.

1.3 These Terms define the partnership between you, known as the "Partner" or “Affiliate,” and LILIXIR regarding your application and participation in the Affiliate Program. These Terms apply, unless a separate written agreement with LILIXIR expressly overrides them.

1.4 You agree to these Terms by:

- Applying or enrolling in the Affiliate Program, either through the Shopify Collabs or the LILIXIR Affiliate Program website (found at https://www.lilixir.com/pages/lilixir-ambassadors or another domain specified by LILIXIR).
- Continuing your participation in the Affiliate Program after being informed of any changes to these Terms.

2. LILIXIR Affiliate Program Requirements

2.1 Program Administration:

This program is managed by Shopify Collabs, known as the "Administrator," through the Administrator Site. Please read these terms for important information regarding your participation in the Affiliate Program, including limitations of liability and dispute resolution.

2.2 Acceptance and Enrollment:

By accepting these terms and enrolling in the Affiliate Program, you:

- Confirm you've read, understood, and agreed to these terms.
- Independently assessed the desirability of participating in the LILIXIR Affiliate Program without relying on other representations.
- Agree that you are eligible and compliant with these terms.
- If representing a company, ensure the authorized person binding the company agrees to these terms.

2.3 Terms Modifications:

We may change these terms, providing you at least 30 days' notice through:

- Posting a revised version on the Administrator Site or LILIXIR.
- Email notification to the address associated with your account.

2.4 Effective Date of Modifications:

Modifications are effective on the date specified, at least 30 days after you receive them.

2.5 Opt-Out of Modifications:

If you disagree with modifications, inform us of your desire to terminate participation in the LILIXIR Affiliate Program.

2.6 Compliance with Program Documentation:

When participating in the Program, you commit to staying in compliance with various requirements, collectively known as the "Program Documentation." 

These include:

- These Terms.
- Any relevant API Agreement ("API Agreement").
- Any other policies, specifications, guidelines, and materials referenced in these Terms or communicated to you with a 30-day notice as necessary.
- Applicable laws.

2.7 Verification and Consequences:

You also agree to furnish us with the information we request to verify your adherence to the Program Documentation. In the event that, at our discretion, you, or any person or entity associated with you, violate the terms of the Program Documentation, we reserve the right to take action. 

This may involve providing you with a 30-day notice to:

- Remove the Partner Site(s) from the Program, or request the Administrator to do so.
- Terminate your participation in the Program and all associated agreements.

2.8 Dispute Resolution:

If you disagree with our decision, please contact us using our Contact Form.

3. LILIXIR Affiliate Program Details

3.1 The LILIXIR Affiliate Program:

- Allows Partners and Affiliates to promote skincare and beauty products available on LILIXIR Sites.
- Enables Partners to earn Commission for Qualifying Transactions.

3.2 Participation Requirements:

Link to LILIXIR Sites via websites/apps you own or have our consent for (referred to as "Partner Site").

3.3 Enrollment via Administrator Site (if applicable):

- You are invited by us to join the Affiliate Program. 
- Complete a Program Application. 
- Ensure your Account information, including your email, is accurate for communications.

3.4 Application Evaluation:

We'll review your Program Application and inform you of acceptance or rejection (our discretion).

3.5 Intellectual Property:

Content on the LILIXIR is property of LILIXIR, affiliates, or third-party licensors. You don't gain ownership; they are protected by intellectual property laws (copyright, trademark, patent, etc.).

3.6 Use of LILIXIR:

For personal or internal business use only. Don't modify, copy, distribute, sell, or create derivative works from the LILIXIR or Content.

4. Limited License to LILIXIR beauty and skincare content, LILIXIR Marks, and Reservation of Rights

4.1 License to Use:

Subject to the terms and conditions in these Terms and your compliance with them, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and royalty-free license. This license allows you to reproduce and display on your Partner Site:

- LILIXIR skincare and beauty content
- LILIXIR Marks

This license's sole purpose is to refer Users to the LILIXIR Site(s). Your use of LILIXIR Marks must comply with the relevant Trademark Usage Guidelines.

4.2 Ownership of LILIXIR Marks:

You acknowledge that LILIXIR retains all rights and interests in the LILIXIR Marks. Any rights resulting from your use of the LILIXIR Marks under this Agreement belong to LILIXIR.

4.3 Limitations on LILIXIR Marks:

You agree not to use any LILIXIR Marks beyond the permissions granted here and always in line with the applicable Trademark Usage Guidelines. This includes not adopting or using misspelled, typo-variant, transliterated, or substantially similar versions of:

- Any LILIXIR Marks
- The marks, URLs, trade names, trademarks, logos, or branding of LILIXIR, its partners, or any third party in any unauthorized manner. This includes using them in trademarks, domain names, meta-tags, search engine advertising, marketing, offline or online advertising, press releases, and more.

4.4 Usage Conditions:

You can only use, display, or refer to LILIXIR Marks, domain names, URLs, or trade names as provided by LILIXIR in compliance with these Terms and the Trademark Usage Guidelines. This is limited to the offering of LILIXIR skincare and beauty content provided by LILIXIR on Partner Sites during your participation in the Program.

4.5 Termination:

Upon the termination of your participation in the Program or relationship with LILIXIR, you must immediately cease using, displaying, and referencing LILIXIR Marks, and remove any related pages or references.

4.6 Domain Names:

You must not register, license, or control any domain name containing LILIXIR Marks or their misspellings, variants, or substantially similar names or marks.

4.7 Meta Tags:

Do not use LILIXIR Marks in metatags on any website you own or operate.

4.8 Reserved Rights:

Apart from the limited license and rights granted under these Terms, LILIXIR reserves all other rights, titles, and interests not explicitly given to you.

 

4.9 Ownership and Transfer:

No rights, title, ownership, or interest in the Affiliate Program, LILIXIR skincare and beauty content, LILIXIR Marks, domain names of LILIXIR or its partners, or any intellectual property related to the Affiliate Program are transferred to you under these Terms or otherwise.

4.10 Goodwill:

Any goodwill resulting from your use of the LILIXIR Marks benefits us.

 

 

5. Account Creation And Security

5.1 To participate in the Program, you must register and maintain an Account to access the Administrator Site and/or LILIXIR.

5.2 When creating your Account, you agree that:

- The Account Information you provide is accurate and complete.
- To create an Account on behalf of an entity, you must possess the necessary legal authority and be prepared to furnish supporting evidence.
- You are responsible for maintaining the security and secrecy of your Account - - Information and login credentials.
- You can not transfer or share your Account.
- All Account activity is your responsibility.
- Notify LILIXIR of any unauthorized Account use.
- You are solely responsible for any losses or claims due to a breach of security of your Account credentials.

6. Restrictions On Enrollment And Participation

Ineligible Parties cannot enroll or join the Program or submit Program Applications without our written approval.

If you become an Ineligible Party after enrolling:

- Terminate your participation immediately.
- Keep Confidential Information confidential after termination.

7. Ineligible Parties, Sites And Persons

7.1 During your participation in the Program, your Partner Site(s) must not:

- Depict or promote violence, sexually explicit material, fraudulent, defamatory, or obscene content, or misinformation/fake news.
- Reproduce content from other websites without proper licensing or permission.
- Engage in false/illegal methods to boost social media engagement.
- Appear incomplete or under construction.
- Promote illegal activities or unlawful discrimination.
- Infringe on the Intellectual Property Rights of others.
- Contain unlawful, harmful, threatening, defamatory, obscene, or racially, ethically, or otherwise objectionable content.
- Violate any applicable laws and regulations.
- Use services to mask or hide your IP address and/or referring URLs.
- Contain malicious code, spyware, or malware.
- Operate as a sub-affiliate network without LILIXIR's written approval.
- Copy or resemble the look and feel of LILIXIR.
- Operate in a manner deemed unsuitable for the Program by LILIXIR (as determined at LILIXIR's discretion).

7.2 Approved Sub-Affiliate Networks:

If an approved sub-affiliate network is granted approval, it must ensure its partners comply with these Terms.

7.3 If you or your Corporate Affiliates are or become Ineligible Parties, or if you fail to comply with these Terms, you agree that:

- You won't be eligible for Commission.
- We may, without limiting any other rights or remedies:
- Remove your Partner Site(s) from the Program.
- Require repayment of payments made while the Partner Site was non-compliant.
- Authorize the Administrator to withhold sums or require repayments in accordance with our instructions.

7.4 You confirm that you, your Corporate Affiliates, and Representatives aren't based in sanctioned regions (e.g. Cuba, Iran, North Korea, Syria, Crimea, Russia) and aren't Restricted Persons.

7.5 Notify us if your or your Corporate Affiliates' status changes in relation to these sanctions. Report if you start operations in other high-risk countries (e.g., Russia, Ukraine, Venezuela).

7.6 You must adhere to Economic Sanctions, not engage with Restricted Persons, and avoid actions that could expose LILIXIR or its Affiliates to sanctions.

7.7 LILIXIR won't take actions prohibited by Economic Sanctions to comply with this section.

7.8 You are responsible for any breaches or actions contrary to Economic Sanctions by you or your Representatives. Annually, complete a compliance questionnaire or risk review as requested. Report immediately any breaches of this section.

8. Your Responsibilities

8.1 You are solely responsible for your Partner Site(s), including all content. 

This means you are responsible for:

- Using the LILIXIR  skincare and beauty content appropriately.
- Maintaining a privacy policy disclosing how you handle User data and tracking.
- Ensuring your content doesn't violate LILIXIR's or third-party rights.
- Ensuring your display of LILIXIR skincare and beauty content, LILIXIR Marks, and other information complies with guidelines and agreements.

8.2 Content Creation: 

When creating content under these Terms, you must:

- Exercise reasonable skill and care.
- Comply with LILIXIR's requests, guidelines (including social media guidelines), and applicable laws.
- Avoid actions or statements that could harm LILIXIR.

 

9.  Prohibited Conduct

9.1 You must not:

- Use links that indirectly route Users to LILIXIR Sites through an intermediate site.
- Employ methods that confuse Users about the source of LILIXIR skincare and beauty content.
- Use pop-ups or pop-under windows for LILIXIR skincare and beauty content on non-Partner Sites.
- Mislead Users about your affiliation or the nature of your Partner Site(s).
- Imply endorsement by LILIXIR.
- Attempt to register LILIXIR Marks as trademarks or domain names.
- Display or use third-party skincare and beauty Supplier materials without permission.
- Artificially increase your Commission.
- Violate robot exclusion headers or bypass measures restricting access to LILIXIR Sites.
- Collect, use, or disclose personal information without consent.
- Use others' account information.
- Engage in deep-linking improperly.
- Use LILIXIR Marks, names, or trademarks without approval.
- Display LILIXIR skincare and beauty content without linking to LILIXIR Site.
- Use iFrames or similar functionality.
- Place cookies on User's devices.
- Market offline without explicit permission.
- Scrape or monitor LILIXIR Sites.
- Allow extraction or repurposing of LILIXIR skincare and beauty content.
- Use "LILIXIR" or related logos in toolbar activities.
- Use LILIXIR skincare and beauty content on third-party sites.
- Set up a sub-network of Partners or publishers.
- Misuse trademarks of skincare and beauty Suppliers.

9.2 Compliance with Supplier Requests:

If a skincare and beauty supplier requests that you cease bidding on or using their trademarks, you must comply.

9.3 Content Comparison:

You can't display LILIXIR skincare and beauty content alongside third-party information that isn't compiled similarly.

9.4 Definitions:

"Coupon" is a LILIXIR-approved promotion requiring a code.

"Deal" is a public promotion without a code.

 

9.5 Coupons and Vouchers:

You can't display Coupon Codes unless provided by LILIXIR. If provided, you must comply with all applicable laws and use only specific Coupon Codes from LILIXIR.

If they do, you will:

- Follow all applicable laws.  
- Only display provided Coupon Codes.
- Users shouldn't click to reveal Coupon Codes.
- Reduced or no Commission might apply for specific transactions.

9.6 Search Marketing Coupon Requirements:

You must follow Search Marketing Coupon Requirements:

- Distinguish between Coupons and Deals in your copy.
 - Adhere to LILIXIR’s legal requirements.

9.7 You must not engage in "Prohibited Search Marketing Activities":

- Don't promote unauthorized Coupons in titles.
- Don't promote unauthorized Coupons in meta descriptions.
- Don't use Coupon-related keywords in page titles or meta descriptions unless explicitly approved by LILIXIR.

9.8 Non-compliance might lead to:

- Removing your Partner Site from the Program.
- Terminating your participation.
- Withholding Commission for transactions involving Prohibited Search Marketing Activities.
- Requiring you to refund LILIXIR for payments during non-compliance.

 

 

10. Keyword Bidding

10.1 Bidding on LILIXIR Marks:

You can't bid on LILIXIR Marks or their variations in search engines or paid advertising to direct traffic to your websites or businesses without prior written approval from LILIXIR. Upon request, you must ensure that search engines exclude LILIXIR Marks from keywords used for displaying your ads, for example, by using negative keyword bidding.

10.2 Approved Bidding Terms:

If you receive written approval from LILIXIR for bidding on specific terms, you must follow LILIXIR's TM and Bidding Requirements.

10.3 Browser Extensions:

You are not allowed to create or use browser extensions that:

- Display unauthorized alerts, ads, or other content to consumers on LILIXIR Sites through toolbars, pop-ups, pop-unders, or ad-injections.
- Redirect a user's browser to another website through affiliate links.
- Display ads or content with trademarks (except LILIXIR Marks when authorized) on LILIXIR Sites.

10.4 Unconnected Names and Brands:

You must not create browser extensions or engage in activities that result in unrelated names, brands, or links appearing in connection with LILIXIR Marks, especially using advertising-supported software.

 

11. Displaying LILIXIR Skincare And Beauty Content

11.1 Program Links:

LILIXIR and/or the Administrator may periodically grant you access to certain links, at LILIXIR's discretion. These links, collectively referred to as "Program Links," can include API feeds, data feeds, search boxes, coupon codes, search engine modules, deals modules, widgets, or other provided links.

11.2 Link Modification:

You acknowledge and agree not to alter, modify, or change the Program Links without prior written consent from LILIXIR. For instance, you cannot use URL shorteners that obscure the link's connection to the LILIXIR Sites. Furthermore, LILIXIR may also provide access to LILIXIR skincare and beauty content from different sources.

11.3 Widgets:

If granted access, you agree not to modify any widget and only use them for the purpose of linking to LILIXIR and promoting skincare and beauty Products.

11.4 Banners:

You agree not to alter any banner provided by LILIXIR  in any way and only display them for the purpose of linking to LILIXIR and promoting LILIXIR skincare and beauty products. You also certify that you have the necessary legal rights to use and display these banners.

11.5 Positioning and Editorial Decisions:

The editorial decisions regarding the display of LILIXIR skincare and beauty content on your Site are your responsibility. You must ensure that the content is formatted to allow LILIXIR and the Administrator to track User referrals.

11.6 Translation and Content Updates:

You must not display LILIXIR skincare and beauty content in translated formats without prior consent from LILIXIR. Outdated content must be promptly removed or updated. Any instructions from LILIXIR for content removal must be followed without delay.

11.7 Additional Content Display

LILIXIR may occasionally request the display of content beyond the scope of these Terms.

In such cases: 

- You must ensure that you or individuals performing the services are properly trained.

12. Publicity

You can't make any public announcements about your participation in the Affiliate Program without prior written approval from LILIXIR.

13. Commission

Partners earn Commission for Qualifying Transactions, based on criteria like Gross Sales Value, Net Transaction Value, and more.

- You'll receive a Commission as outlined on the Administrator Site or LILIXIR.

- Commission payments follow agreed-upon terms.
- Disputes must be raised in writing within 90 days, with supporting evidence.
- We'll investigate and attempt to resolve disputes within 60 days.
- Raising a dispute doesn't affect payment obligations or legal actions.
- If transactions are deemed void, we may deduct overpaid amounts from your - Commission.
- A pandemic event causing delays doesn't hold LILIXIR liable, provided we notify you promptly in writing.

 

 

14. Suspension And Termination

14.1 LILIXIR can suspend your participation, content access, and licenses if you breach the Terms. This suspension remains until the breach is resolved or until termination.

14.2 You must not attempt to access content or use licenses during suspension. If LILIXIR believes you've breached the Terms, LILIXIR can suspend its obligations with immediate effect after providing a written notice of the reasons.

14.3 LILIXIR can terminate your participation immediately with a same day notice. Upon termination, you'll receive unpaid, valid Commissions earned up to the termination date. Commissions for referrals after termination won't be paid. Your licenses and content access will be terminated. You must remove links to our site and related content.

14.4 Termination doesn't remove liability for previous breaches. Some clauses, like confidentiality, indemnification, disclaimers, limitations of liability, and miscellaneous terms, survive the termination.

15. Confidentiality And Feedback

15.1 If you have a valid, active non-disclosure agreement with LILIXIR, the NDA terms take precedence in matters of confidential information.

15.2 If no NDA exists, you must not disclose our Confidential Information, ensuring its confidentiality. Exceptions include public knowledge or legal requirements.

15.3 "Confidential Information" comprises business, financial details, customer/vendor lists, pricing data, or any Program member details. It remains LILIXIR's exclusive property.

15.4 Commission-related information is also Confidential Information, and you may use it solely for financial accounting purposes.

15.5 You won't share Commission-related information with supply partners or personnel, including discussing the Terms or LILIXIR content.

15.6 Feedback provided is voluntary and won't create confidentiality obligations unless mutually agreed in writing. Except for designated confidential Feedback, LILIXIR can use, disclose, or distribute Feedback freely without obligations or restrictions.

16. Compliance With Applicable Laws

16.1 You hereby commit to adhere to all the laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and any other requirements of governmental authorities that pertain to the Program and your engagement in it.

16.2 You further warrant and represent that you carry the exclusive responsibility of maintaining all the necessary licenses, consents, permissions, and financial security arrangements pertaining to any sales facilitated through the LILIXIR Site(s) in conjunction with other skincare and beauty services or products arranged by you or a third party. This includes compliance with requirements under the PTD (in your capacity as an ‘organizer’) and all relevant local implementations thereof, as well as adherence to any other existing or future laws related to package skincare and beauty or LTAs in any applicable jurisdiction.

17. Indemnification

Under this section, you agree to indemnify, defend, and hold harmless LILIXIR and our Related Companies, along with their directors, officers, employees, agents, shareholders, partners, members, and other owners, in addition to their licensees and customers (collectively the “Indemnified Parties”).

This indemnification covers any and all claims, actions, demands, liabilities, losses, damages, fines, judgments, settlements, costs, and expenses (including reasonable attorneys' or other professionals’ fees) (collectively “Losses'') that may arise, wholly or partially, from:

- Any claim that our use of your Marks or any other materials you provide to us violates, infringes, misappropriates, or otherwise wrongfully exploits any intellectual property right or other proprietary right of any third party.

- Any breach of these Terms.

- Any claim related to your Site(s), advertising, or other content.

- Your violation of any law.

- Your use of the LILIXIR and/or Content.

- You acknowledge and agree that the Indemnified Parties are intended third-party beneficiaries under these Terms. They hold the right to enforce their rights  against you.

18. Disclaimers

18.1 You expressly acknowledge and agree that, except as explicitly detailed in these Program Requirements, LILIXIR does not make any commitments or guarantees about the Affiliate Program. Specifically, LILIXIR doesn't commit to the content within the Affiliate Program, including the LILIXIR skincare and beauty content, the specific functionalities of the Affiliate Program, or its profitability, reliability, availability, or ability to fulfill Partner's needs. LILIXIR provides the Affiliate Program, skincare and beauty Products, LILIXIR skincare and beauty content, LILIXIR Sites, and LILIXIR Marks "as is."

18.2 The opportunity to participate in the Program, your access to the LILIXIR and the Administrator Site, and all associated licenses granted to you concerning these, are provided without any warranty, either express or implied, or any implied terms of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement, unless expressly stated otherwise in these Program Requirements.

18.3 LILIXIR does not provide guarantees, warranties, or representations of any kind regarding the Program, the LILIXIR, and any associated licenses, unless a particular guarantee or warranty cannot be excluded under applicable law.

19. Limitation Of Liability

19.1 You recognize and agree that we shall not be held liable for any indirect, special, incidental, exemplary, or consequential damages, including any loss of revenue, profits, goodwill, or data that is related to these Terms or the Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising in connection with these Terms and the Program will not exceed the total Commission paid to you in the six months immediately preceding the date on which the most recent event giving rise to the claim occurred. This limitation will apply regardless of the cause of action under which such damages are sought.

19.2 LILIXIR will not be liable for any inaccuracies unless they were caused or contributed to by a negligent or fraudulent act of LILIXIR.

19.3 Nothing in these Program Requirements shall exclude or limit our liability for:

- Death or personal injury.
- Fraud or fraudulent misrepresentation.
- Any liability that cannot be excluded or limited under applicable law.