Lush Pro Affiliate Program Terms and Conditions

LUSH PRO AFFILIATE PROGRAM TERMS AND CONDITIONS  

Lush Pro Hair Extensions LLC (“Lush Pro”) and Affiliate mutually agree as follows:

1. PARTIES 

(1) Lush Pro Hair Extensions LLC is the owner of hair extension products and installation tools that sell to various hair salons globally. Lush Pro wants hairstylist social media influencers to showcase Lush Pro products on its page for more exposure to its company and products.  

(2) Affiliate is an independent third party who creates content for their social media that will include Lush Pro products by promotion through social media or other similar means. 

2. DEFINITIONS 

(1) “PR Box” – A package containing complimentary Lush Pro products that Affiliate may use for their posts and at their discretion. 

(2) “Paid Sponsorship” – A post that clearly tells a consumer that Affiliate is compensated for the purchase of Lush Pro’s products. A post must indicate paid sponsorship by “hashtag”, written language in the description, oral indication in the post itself, or by other means that clearly convey to consumers.  

3. PURPOSE OF THIS AGREEMENT 

(1) These terms and conditions set forth the agreement between the parties and establish the scope of Lush Pro and Affiliate’s business relationship for Affiliate’s posting of Lush Pro’s hair products on their social media pages for compensation. 

4. COMPENSATION 

(1) Affiliate will post Lush Pro’s products on their social media page that direct followers to Lush Pro’s website by a referral URL, specific to Affiliate, for purchase of Lush Pro’s products. Affiliate will also have their own personalized coupon code that they can provide to prospective customers. Upon purchase of those products using the URL link or coupon code, Affiliate will make 10% commission on the final selling price of all products sold.  

(2) Affiliate’s URL link will have a 30-day cookie life.  

(3) Affiliate coupon codes will not combine with other coupon codes or website promotions and sales.

(4) Commissions can be earned on website purchases only, no in-store sales.

(5) Commissions earned will show in Affiliate’s dashboard once the order is processed.

(6) Sales that are cancelled or returned do not earn commission. If commission has already been paid out on an order that gets returned, that commission amount will be deducted from Affiliate’s next commission payment.

(7) Lush Pro, at their own discretion, may send PR boxes to Affiliate at random. Affiliate may use the PR boxes at their discretion.  

5. ACTIVITY 

(1) If Affiliate is inactive on their Affiliate Dashboard or with posting Lush Pro products, Affiliate’s account may be suspended or terminated by Lush Pro at any time. Said inactivity must account for two months or more of inactivity. Lush Pro, at their sole discretion, may reactivate Affiliate’s account upon request by Affiliate. Upon reactivation, the terms of this contract shall apply.  

6. TAXES 

(1) Affiliate is solely responsible for the reporting and remittance of all taxes due to any authority with respect to payments for any such compensation to all federal, state, local, and foreign taxes, or other obligations arising from performance of or payment pursuant to this agreement. Lush Pro has no obligation or liability arising out of payment by Lush Pro to Affiliate under this contract.  

7. POSTING REQUIREMENTS 

(1) Affiliate’s posting requirements and restrictions are as follows: 

• (a) Must be following @lushproextensions on Instagram
• (b) Affiliate shall post at least one Lush Pro product every month. 
• (c) Affiliate is not restricted to only Lush Pro products, and may post other brands.  
• (d) By law Affiliate understands and acknowledges that Affiliate must indicate on their post that the Lush Pro post is a paid sponsorship. 

 

(2) Affiliate agrees not to post any inappropriate content. Inappropriate content shall be deemed as such at the sole discretion of Lush Pro, which shall include but is not limited to: 

• (a) Content that could be reasonably deemed to offend the consumers of Lush Pro including but not limited to: harassment, intimidation, threats, etc.  
• (b) Recklessly or negligently harms the reputation of Lush Pro. 
• (c) Posts that intend to harm the reputation of Lush Pro. 
• (d) False advertising or misleading statements of fact regarding Lush Pro. 
• (e) Content deemed graphic or explicit by Lush Pro. 

 

(3) Should Lush Pro find a post unacceptable, Lush Pro will make reasonable efforts to discuss said post with Affiliate on modification or removal of that post. If an agreement cannot be reached, either party has the option to terminate this agreement.  

(4) Affiliate may not promote their personal Affiliate Coupon Code or URL link on Groupon.com, retailmenot.com, coupontrade.com, or any other similar websites. 

(5) Affiliate may not Spam their affiliate link. 

(6) Affiliate may not use their own affiliate code for their own personal purchases. 

(7) Lush Pro reserves the right to terminate Affiliate’s promotional code and URL link without notice at any time.  

8. AFFILIATE DASHBOARD 

(1) No one other than Affiliate and Lush Pro may have access to Affiliate’s personal dashboard without the express written permission of Lush Pro.  

(2) Lush Pro will allow access to the Affiliate’s Dashboard, which shows the Affiliate’s monthly summary, recent orders, referral URL, payouts, and settings. 

(3) Affiliate will have viewing access to the total usage of Affiliate’s coupon information, total sales, commission and discount percentage.  

(4) Affiliate will receive their commission payout through PayPal within 14 days of the month’s close.  

9. CONFLICT OF INTEREST 

(1) Affiliate agrees not to create, promote, distribute, manufacture, or sell any counterfeit, copy, or replicate product of Lush Pro that can be reasonably determined to be a counterfeit, copy, or replicate product.  

10. NONDISCLOSURE 

(1) Affiliate agrees not to disclose the contents of the terms and conditions laid out herein unless it is to Affiliate’s attorney or accountant.  

11. INDEPENDENT CONTRACTOR STATUS & INDEMNIFICATION

(1) Affiliate acknowledges its status as an independent contractor, not an agent, partner, joint venture, or employee of Lush Pro.

(2) Affiliate has no authority to bind or obligate Lush Pro as an agent, partner, joint venture, or employee. Affiliate will not represent to anyone that it has a right to bind or obligate Lush Pro. Affiliate is not authorized to act as an agent or representative of the Lush Pro and has no authority to bind the Lush Pro in any circumstance.  

(3) In the event of any claim or litigation arising out of services related to this agreement, Affiliate will indemnify, hold harmless, and defend Lush Pro against said claim or litigation for any and all negligent actions, omissions, or any other actions or inactions caused by Affiliate or any of its employees or representatives which includes payment of Lush Pro’s attorneys fees and costs to defend 

(4) Affiliate is prohibited from using any deception, fraud, false pretenses or promises, concealment, suppression, or omission of any fact that is material to Lush Pro.

12. ATTORNEY FEES 

(1) All parties shall be responsible for their own attorney fees for actions related to the performance of this agreement except as otherwise provided by the indemnification provision of this Agreement.  

13. MODIFICATION 

Any modification must be made in writing, signed, and dated by both parties.

14. MERGER CLAUSE 

This contract encompasses the complete agreement between the parties.