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Stylist Program Terms and Conditions

BY ENROLLING IN THE DONNA BELLA AFFILLIATE REWARDS PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  This Donna Bella Affiliate Reward Program Agreement (“Agreement”) is entered into by and between Donna Bella Opco, LLC (“Donna Bella” or the “Company”) and the Participant (“Participant” or “You”) enrolled in the Donna Bella Affiliate Rewards Program (“Program”).  

PROGRAM DESCRIPTION 

• Participation in the Program provides an opportunity for Participant to (1) earn commissions on sales of Donna Bella hair extension products, and (2) receive a discount on purchases of Donna Bella hair extension products.

DEFINITIONS:
  • • "Participant" shall mean “You,” as the person enrolling and participating in the Donna Bella Affiliate Rewards Program (“Program”) and sharing your unique discount code and/or unique URL with your salon clientele and with your followers on your social media accounts

  • • "Commission" shall mean ten percent (10%) of Net Sales of Product purchased on the Donna Bella website located at www.donnabellahair.com using Participant’s unique discount code and/or unique URL, pursuant to the terms of this Agreement.

  • • Net Sales shall mean gross sales minus returns (completed and initiated), allowances, and discounts. If returns, allowances or discounts are made or recognized after the applicable Commission is paid, such returns, allowance and discounts may be subtracted from future Commission payments.

  • • "Product" shall mean Donna Bella branded product available at www.donnabellahair.com, excluding taxes and shipping protection.

    • • “Agreement” shall mean these Donna Bella Affiliate Rewards Program Terms and Conditions.
  • • “Term” shall be a twelve-month period beginning on the date Participant is fully enrolled in the Program. The Term shall automatically renew annually unless terminated in accordance with this Agreement.

  • • “Affiliate” shall mean the Company and any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Company.

    • ELIGIBILITY TO PARTICIPATE IN THE PROGRAM 


  • • Participants must be a legal resident of the fifty (50) United States and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence.

  • • Participants must have a current, valid, government issued cosmetology license.

  • • Participant must satisfactorily complete an enrollment form and establish a Donna Bella account.

  • • Employees of Beauty Industry Group or any of its parent, subsidiaries, affiliates or related companies are not eligible to participate.

  • • Participant agrees to the Privacy Policy, Cookies Policy, and Terms and Conditions available on the Donna Bella website https://donnabellahair.com/.

  • • Participant must subscribe and agree to receive promotional and commercial communications from Donna Bella and its Affiliates.

  • • Participants must have an active PayPal account.

    • COMMISSION 


  • • Enrolling in the Program allows You to earn Commission on Net Sales of Product made on the Donna Bella website using Your unique discount code and/or unique URL. Discounts available through Your unique discount code and/or unique URL are not stackable with each other and are not stackable with any other discounts.

  • • Company shall track Participant’s Commission via unique discount code(s) and unique URL assigned to Participant.

  • • Commission shall be paid monthly in the calendar month immediately after the month such Commission was earned.

  • • Company shall only pay Commission to Participant on Net Sales completed on or before the termination date of this Agreement.

  • • Commission shall be paid via third party service provider, and as such, Participant permits the sharing of its personal information to allow for such Commission payments to be tracked, processed, and made to Participant via Company’s designated third party service provider.

  • • Company reserves the right to discontinue any discount code, including Participant’s discount code, at any time with or without notice. No Commission shall be earned on discontinued discount codes and the Company shall have no obligation to pay Participant any commission based on use of a discontinued discount code.

  • • Except for the Commission set forth herein, no other compensation, allowance, or reward of any kind shall be provided to Participant, including, but not limited to, free Product.

  • Participant must be in full compliance with this Agreement to receive Commission payments.

    • PROHIBITED ACTS 

    Participant shall not share its unique discount code(s) or unique URL on any coupon websites or coupon-related social media sites.

    COMMISSION DETERMINATION 


  • • Once you earn a Commission, you will receive notice of earned Commission via the email address you registered in connection with your enrollment in the Program.

  • • Company reserves the right to terminate your participation in the Program immediately, at any time, and indefinitely, if Company Suspects or knows of any improper, prohibited, or fraudulent act, or any breach or potential breach of this Agreement by the Participant.

  • • Company reserves the right to immediately cancel this Agreement without notice or withhold payment of Commission in the event that the Commission results from prohibited activities under this Agreement.

  • • Company reserves the right, in its sole discretion, to change or modify the Program, Commission payment percentage, structure or timing of payment at any time provided that such changes shall not be applicable to Commissions already earned at the time of such change or modification.

    • OWNERSHIP 

    As between Participant and Company, Company shall own all right, title and interest, including all Intellectual Property Rights, in and to the Donna Bella website and this Program. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

    COMMUNICATIONS 

    By enrolling in the Program, you agree to be subscribed to Company’s marketing emails, including but not limited to Program-related communications, at the email address registered with the Program. You may opt-out of receiving marketing emails from the Company at any time by clicking the "unsubscribe" link in the email to manage your preferences.

    INDEMNITY 

    Participant shall defend, indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, directors, and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) resulting from participant’s breach of this Agreement, reckless or negligent conduct.

    RELATIONSHIP OF THE PARTIES  

    Participant and Company are independent contractors, and neither party will represent that it has the authority to legally bind the other. Participant is solely responsible for (i) all taxes and withholding payments due to federal, state and local authorities relating to the Commission paid to it, and (ii) maintaining all statutorily required insurance coverages. Participant is not eligible for any benefits that Company may make available to its employees, and Company will not withhold or make payments for social security, unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on behalf of Participant.

    TERM AND TERMINATION 


  • • Participant may cease participating in the Program at any time.

  • • Company may terminate this Agreement with immediate effect if Company suspects or knows of any improper, prohibited, or fraudulent activity, or any breach or potential breach of this Agreement by the Participant.

  • • Company expressly reserves the right to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Participant thirty (30) days advanced written notice.

  • • Upon termination of this Agreement or this Program, Participant shall promptly cease any use or sharing of Participant’s unique discount code and unique URL. Participant is only eligible to earn Commission on sales made prior to termination of this Agreement.

    • MODIFICATION 

    Company may modify or change this Agreement at any time in its sole discretion, provided that the modification or change shall solely apply to events occurring after the date on which (i) such change or modifications take effect and (ii) you are provided notice of such change or modification. Your continued participation in the Program following our notice of any change or modification will constitute binding acceptance of such change or modification.

    INDEPENDENT CONTRACTOR RELATIONSHIP 

    For purposes of this Agreement, Participant will not be considered an agent, employee or representative of the Company and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Participant has no authority to act for or on behalf of the Company or to bind the Company in any legal contracts.

    LIMITATION OF LIABILITY 

    TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO PARTICIPANT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

    DISCLAIMER OF WARRANTY 

    THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, THE COMPANY MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. THE COMPANY FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE COMPANY’S WEBSITE AND/OR ITS SERVICE PROVIDER’S WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.

    MISCELLANEOUS 

    Notice. Any notice provided for or permitted under this Agreement will be treated as having been given when (i) posted publicly on Company’s website or platform for the Program, (iI) delivered personally, (iii) sent by email; (iv) sent by nationally recognized commercial overnight courier with written verification or receipt; (v) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address provided by Participant during enrollment, in the case of Participant, and the postal and/or email address, as applicable, set forth below for the Company.

    Donna Bella Opco, LLC
    1250 N Flyer Way, Ste. 100
    Salt Lake City, Utah 84116
    e-mail: info@donnabellahair.com

    Unenforceability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.

    ENTIRE AGREEMENT 

    This Agreement constitutes the entire agreement between the parties relating to this subject matter hereof.