NALA Affiliate Agreement

NALA AFFILIATE AGREEMENT 

Updated November, 2024.

 

As an invited participant in the promotional affiliate program offered by 1355050 Alberta Ltd. o/a National Association of Lash Artists, also known as NALA (the “Program Operator”) at www.nala-lashassociation.com and any other Sites offered by the company (the “website”) you expressly agree to the terms of this affiliate agreement (the “Agreement”).

NOTICE: Please read this Agreement carefully. Unless you expressly agree and consent to this Agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. You also agree to follow the Privacy Policy and Terms of Use outlined and provided on the website.

If you do not agree to ALL of the terms of this agreement, you must not complete the application for the affiliate program.

AFFILIATES

Each affiliate is an independent contractor of the Program Operator and not an employee of the Program Operator. Nothing in this agreement is intended to create an employer-employee relationship between the affiliate and the Program Operator.

Affiliates must be:

  • 18 years or older to participate,
  • Approved by the NALA President via an application process
  • In good standing with the Federal Trade Commission (the “FTC”), and
  • In compliance with all FTC guidelines
  • Familiar with Program Operator’s included products, either by having seen the content before, being a licensee of the products, or being a certified graduate

CONFIDENTIALITY AGREEMENT

The affiliate agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Program Operator’s confidential information which is not directly provided or approved by the Program Operator, or any confidential information – disclosed or otherwise—that comes into its possession under or in relation to this Agreement.

Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Program Operator’s business:

  • Sales figures
  • Software passwords
  • List size
  • List contents
  • Ideas
  • Stories
  • Activities
  • Curriculum
  • Event format
  • Presentation materials
  • Presentation content
  • Inventions
  • Financial information
  • Business plans
  • Business processes
  • Marketing plans
  • Marketing strategies
  • Marketing copy
  • Financial projections
  • Customer lists
  • Customer financial information
  • Personal information of executives
  • Sponsorship strategies,
  • Relationships with other vendors,
  • Media delivery concepts and systems,
  • Including but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts,
  • And other similar information that is proprietary to and confidential information of the Program Operator.

The affiliate shall not disclose the terms of this agreement to any third party other than to the affiliate’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this agreement.

This agreement imposes no obligation of confidentiality on the affiliate with regard to any portion of the Program Operator’s confidential information

  1. That is part of the public domain at the time of disclosure; or
  2. That becomes part of the public domain after the marketing promotion without any unauthorized act or omission of the affiliate; or
  3. If affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or
  4. If permission to use or disclose said confidential information is first obtained by affiliate in writing from Program Operator; or
  5. If affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.

In general, affiliate may not disclose any financial, personal, or business information about the Program Operator without permission from the Program Operator. Such disclosure is grounds for legal action, equitable relief, and termination of this agreement.

COMMISSION FEES

Commission fees are paid according to these parameters:

  1. Approval by Program Operator and affiliate status reviewed every six months, or at the discretion of the Program Operator.
  2. Commissions are paid out on all qualified and completed purchases by individuals through the affiliate’s unique URL. All purchases must come through the affiliate’s URL in order to receive any commission.
  3. Sales or promotional pricing is excluded from this program, unless otherwise stated. Fees may be adjusted for promotional pricing at Program Operator's discretion.
  4. The Program Operator sells products in multiple currencies, therefore, all commissions will be paid out in the same currency of the product purchased.
  5. Commission Fee Structure is to be determined through discussions between Program Operator and the affiliate. 

INCOME TAX LIABILITIES

Each affiliate acts as an independent contractor and as such is responsible for any or all federal, provincial, state or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in the affiliate’s state or location. It is the affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these commission fees under their local Federal Tax Code and any other applicable laws. 

EMBARGOED NATIONS AND SPECIALLY DESIGNATED NATIONALS

The United States controls the import and export of products and information.

Each affiliate agrees to comply with such restrictions and to not export or re-export the materials to countries or persons prohibited under the export control laws.

By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or an entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials.

Each affiliate is responsible for compliance with all applicable United States laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.

In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by the Program Operator.

COMMISSION FEES SCHEDULE

Commissions are paid on a monthly basis when the product that created the affiliate commission is completed, not-refunded, and paid-in-full with a 30-60 day grace period. The Program Operator reserves the right to delay payments when and if there are any discrepancies between the Program Operator and it’s buyers when the buyers are directly tied to an affiliate commission.

Commissions are not paid for any sales for which payment has not been received, products purchased are not listed in the ‘Products Included’ section of this Agreement, or for any transaction that has been rejected for any reason.

The Program Operator is not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.

If a transaction incurs a charge-back, or if an online transaction is not completed in every way no commission payment is due to the affiliate. If a commission has already been paid, then it will be deducted from an active affiliate’s future commissions.

All commissions are paid through PayPal.

Each affiliate is responsible for always maintaining the payment processor through which they receive their commission fees. The Program Operator assumes no responsibility for an affiliate not electing PayPal as a payment processor.

MIXING OF PRODUCTS

As an affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that do not target persons 13 years of age or younger unless the Program Operator specifically allows such products.

Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the website, or the affiliate link on any website on which you include any reference whatsoever to the Program Operator, its products, services, you may NOT include any reference whatsoever to any form of "Adult" content.

Any violation of these requirements will result in immediate termination of your affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for or by the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as any consequential or actual damages that the Program Operator may incur.

PAYMENT PROCESSOR FEES

All commissions are calculated based on the gross transaction excluding tax.

Affiliate is responsible for any merchant fees they may incur when accepting payments.

FOREIGN EXCHANGE FEES

The affiliate is responsible for any foreign exchange fees incurred when exchanging their commission to their local currency.

SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)

The Program Operator does not tolerate the sending of unsolicited bulk emails (UCE or SPAM), which promote, or make reference to the Program Operator, or any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of the Program Operator, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.

If you violate any of the domestic and or international email marketing laws, that is grounds for immediate termination of your affiliate relationship with the Program Operator.

The Program Operator is in no way responsible financially or legally for your abuse and or violation of the domestic and or international email marketing laws.

UNPROFESSIONAL CONDUCT

The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any affiliate who brings the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.

The Program Operator reserves the right to reject any affiliate application if, in the Program Operator's opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with.

AFFILIATE SALES & TRACKING

After signing up for the affiliate program, you will receive a unique affiliate URL which you will use to advertise the website and or products of the Program Operator. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie. In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL.

Commission is paid for NALA Monthly Membership and/or NALA School for Lash Trainers Step Two (if the affiliate qualifies to receive this commission) purchases only. If other items appear on your affiliate report those items will be disregarded and deleted. In the case of any discrepancy between the report created in KAJABI or this contract, the commission terms outlined in this agreement will take precedence.

TERM & TERMINATION

This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate status, or if your account is inactive in any continuous twelve-month period. An affiliate may terminate this agreement at any time, and for any reason, by writing to - or emailing - the Program Operator at the email address [email protected].

The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever. The Program Operator may also terminate this agreement at any time, and for any reason, by writing to affiliate at the email address listed in the affiliate’s profile, with 30 days notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately, and affiliate shall forfeit all right to any commissions then due.

RIGHTS TO MODIFY AGREEMENT

The Program Operator may in good faith, modify any of this agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement in the affiliate portal. These changes will come into force immediately upon posting. The affiliate’s continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the affiliate of the change. If any modification to this agreement is not acceptable to the affiliate, the affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing the same in any manner whatsoever.

NO MISUSE

It is understood that any individual that uses the Program Operator system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator.

It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld.

All affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.

WARRANTIES

There is no warranty or guarantee of any kind with respect to the Program Operator system as far as reliability, stability, quality or dependability. This means that the Program Operator, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.

ELECTRONIC COMMUNICATIONS & EMAIL

The Program Operator requires your primary email address be listed in your affiliate profile. Affiliates will not be able to use the website or participate in the affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., "User is over quota" or "Mailbox full") will forfeit any commissions due and this contract will be terminated immediately.

You may not use an email address with an auto responder as your Program Operator email address. When you visit the Program Operator's websites or send emails to, you are communicating electronically. You consent to receive communications from the Program Operator electronically. Affiliates must 'subscribe' to receive marketing emails from the Program Operator in their profile on KAJABI. The Program Operator will communicate with you by email or by posting notices in the affiliate portal. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator.

As an affiliate, you must continually have a valid, subscribed email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.

UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE SITES

No affiliate, or other person or entity may use the website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the website or through the Program Operator payment processing system may become the sole property of the Program Operator. Any revenue collected through the Program Operator payment processing system may become the sole property of the Program Operator.

Specifically, affiliates may not link to the website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the website for processing of any products beyond what the Program Operator has identified as salable products for the website and specific affiliate sales.

Should any affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.

AFFILIATE ID, LOGIN & PASSWORD

You will be provided an affiliate login and password and will be able to access your affiliate information through the Program Operator’s chosen platform. The Program Operator is not responsible for any periods of time that you are unable to access the platform KAJABI and or any sales that you feel were jeopardized by a situation caused by the platform.

You are responsible for maintaining the secrecy and security of your affiliate ID number, login ID and password.

You agree to hold the Program Operator harmless in the event that you share any such information with any other person or entity whatsoever.

NO PREDATORY ADVERTISING

All affiliates in the affiliate program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether this be intentional or not.

Affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.

LIABILITY

The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the websites or that the Program Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors.

MISCELLANEOUS PROVISIONS

  1. If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No affiliate may assign or sublicense this agreement without the Program Operator's prior written consent.
  2. All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an affiliate will be payable by the affiliate. Any sums not collected from the affiliate or affiliate’s customer are not commissionable, and any fees incurred during processing or handling of sales made by the affiliate will be deducted in whole from any commissions due to the Further, in the event that the commissions due the affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to the Program Operator.
  3. IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
  4. To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in EDMONTON, ALBERTA, CANADA and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator's right to comply with governmental, court and law enforcement. If any provision is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
  5. This Agreement shall be governed and construed in accordance with the laws of Alberta, Canada applicable to agreements made and to be performed in Alberta, Canada. You agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties' obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
  6. If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in Edmonton, Alberta, Canada under the commercial rules of the Canadian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
  7. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
  8. Any cause of action or claim you may have with respect to the website, the products, the services, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Program Operator’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. The Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
  9. This is the ENTIRE agreement regarding all the matters that have been discussed.
  10. The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
  11. Should this affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program, without recourse. If the payment processors utilized by the Program Operator determine that sales made through affiliates cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that the Program Operator will always offer any affiliate program, or this affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the websites or that the Program Operator will offer any affiliate program whatsoever.

Any rights not expressly granted by this Agreement are reserved by the Program Operator.