Affiliate Terms And Conditions
Our Affiliate Terms And Conditions
By participating in the Maison Beljanski Affiliate Program (“Program”), you agree with the terms and conditions set forth in the agreement (“Agreement”) below.
Please read the entire Agreement. It is a legal agreement between you and EVI Liberty Corporation (“Maison Beljanski”). By submitting the online application, you are agreeing that you have read and understand the terms and conditions of this Agreement, and that, if Maison Beljanski accepts your application, you agree to be legally responsible for each and every term and condition.
Your participation in the Program is solely for the purpose of legally advertising Maison Beljanski to receive a commission on products purchased by your referrals.
This Agreement begins when Maison Beljanski accepts you into the Program and will end when your participation is terminated.
Maison Beljanski may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, please terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or Maison Beljanski may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.
Referrals
Maison Beljanski will attribute referrals to you based on a tracking code embedded in your affiliate links. When a referral clicks through your affiliate link, we set a cookie that contains your tracking code in the browser. We may also record the IP address of the browser or use similar technology to identify the browser.
When the referral decides to buy a product at Maison Beljanski, a script will look for the cookie or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase up to 365 days later and Maison Beljanski will still award the commission, as long as the cookie is still present in the browser.
Maison Beljanski reserves the right to refuse service to any referral.
Commissions
Maison Beljanski will pay you a commission on products purchased by your referrals. Once you accrue 100 dollars or euros in commissions earned, you will receive a commission payment via PayPal. Commissions are issued through PayPal quarterly on April 1, July 1, October 1 and December 31 or the next working day (Maison Beljanski offices are closed on Saturdays, Sundays and U.S. holidays). In order to receive payment for your commissions, your "Payment Email" within "My Account" must be your PayPal email. You are responsible for entering this information and keeping the email linked to PayPal active, not Maison Beljanski.
10% commission rate | 100 to 999 dollars/euros earned
15% commission rate | 1000 to 2999 dollars/euros earned
20% commission rate | 3000 to 7999 dollars/euros earned
25% commission rate | 8000 and above dollars/euros earned
Each quarter, you start back at a 10% commission. If you don't reach the minimum 100 dollar/euro payout that quarter, you carry the balance over to the next quarter.
Maison Beljanski uses an affiliate tracking system to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the affiliate tracking system which is accessible within “My Account”, you will have access to the information that we use to determine commissions we owe you.
Maison Beljanski reserves the right to increase or decrease commission rates from time to time as it sees fit.
There is no maximum commission limit.
If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. In such cases, Maison Beljanski returns all money to the referral, so you must also return your portion of the sale. Because of the return period for all Maison Beljanski products, and because of periodic processing, Maison Beljanski may hold your commission payout for a period of up to three months.
Reversals
Maison Beljanski reserves the right to reverse referrals due to order cancellations, duplicate tracking, returns, disputed charges and Program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
3) You cannot substantiate or validate the source of your traffic to our website with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse referrals, modify payouts, set your commission to 0%, or immediately terminate your participation in the Program.
We know that many violations are a result of automated processes. However, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.
Assets
The tools, products, and creative assets (collectively "Assets") that Maison Beljanski provides to you include valuable information vital to the success of the Program, including a tracking code that Maison Beljanski uses to attribute referrals to you.
Maison Beljanski grants to you a nonexclusive, non transferable license ("License") to use Assets as specified under the terms and conditions of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.
You will use the Assets as Maison Beljanski instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as Maison Beljanski provides them unless you obtain prior written consent from Maison Beljanski.
3) You may only use the Assets for the purpose of promoting Maison Beljanski and its products.
4) Maison Beljanski retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
Under no circumstances shall you send spam related to the Maison Beljanski affiliate program. Spam is defined as commercial messages in the Federal spam law, CAN-SPAM Act of 2003 (“Act”).
Maison Beljanski reserves the right to collect, withhold, or cancel any and all compensation related to commercial messages that you send.
You may send transactional or relationship messages as defined in the Act.
Social Media
Maison Beljanski permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
1) You ARE ALLOWED to post your affiliate links on your own social media and websites.
2) You ARE PROHIBITED from posting your affiliate links on the social media and websites of Maison Beljanski.
Relationship
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and Maison Beljanski. You will provide services for Maison Beljanski as an independent contractor. You will have no authority to bind Maison Beljanski into any agreement, nor will you be considered an agent of Maison Beljanski in any respect.
Maison Beljanski will not be responsible for any taxes that you owe arising out of your relationship with Maison Beljanski as set forth in this Agreement. Maison Beljanski will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that Maison Beljanski is compensating you for your review or endorsement.
Prohibited Claims
You shall not make claims that Maison Beljanski products or services are intended to diagnose, treat, cure, or prevent any disease.
Warranties
Maison Beljanski makes no express or implied warranties or representations with respect to the Program.
Maison Beljanski makes no representation that the operation of the Program will be uninterrupted or error-free, and Maison Beljanski will not be liable for the consequences of any interruptions or errors.
You represent and warrant the following:
1) You have the legal authority to enter into this Agreement and to adhere to the terms and conditions set forth in this Agreement.
2) Your website does not contain any materials that are:
(a) Unlawful or solicitous behavior that is unlawful in the United States;
(b) Unlawful or solicitous behavior that is unlawful in the geographic area from which you operate.
3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.
4) You do not compete with Maison Beljanski. You are not an employee, agent, or partner with any person or company that competes with Maison Beljanski. You may be an affiliate with or an independent contractor to persons or companies that compete with Maison Beljanski.
Indemnification
You will indemnify and hold harmless Maison Beljanski from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless Maison Beljanski for any damage, loss, or other cost arising out of your use or misuse of the Assets.
Confidentiality
Any information that you are exposed to by virtue of your relationship with Maison Beljanski under these terms and conditions, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Maison Beljanski.
Liability
Maison Beljanski will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Maison Beljanski was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.
Severability
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court or arbitration decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provisions shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court or arbitration decision.
Special Terms and Conditions
You must be at least eighteen (18) years of age or older to enroll in our Affiliate Program.
Applicable Law
The laws of New York State are applicable to this Agreement.
Disputes
An Affiliate is always entitled to refer a dispute with Maison Beljanski to the General courts, with New York County Courts serving as the court of first instance.
