Just Be You Accessories

PLEASE READ THIS AMBASSADOR PROGRAM AGREEMENT CAREFULLY.

These are the terms between you (the “Brand Ambassador”) and us (“Just Be You, LLC”). It describes how we will work together and other aspects of your business relationship with Just Be You, LLC. The Just Be You Ambassador Program agreement applies to your participation in our Brand Ambassador Program (the “Program”).  These terms are so important that we cannot have you participate in our Program unless you agree to them.

We periodically update these terms. If we update or replace the terms we will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate your program and all access to your account will be permanently closed.

How Our Program Works:

Once you complete an application to become an Ambassador, we will review your application and notify you whether you have been accepted to participate in the Program, or not. Before we accept an application, we may need to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements before we accept your application. If we do not notify you that you are accepted to participate in the Program within thirty (30) days from your application, your application is considered to be rejected.

If you are accepted to participate in the Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth in our Program Policies. Your acceptance and participation in the Program will automatically grant you access to our quarterly Just Be You Brand Ambassador’s Giveaway. This does not guarantee that you will win as the winners for each giveaway will be from a random drawing each quarter.

You will comply with the terms and conditions of this agreement at all times during your term as a Brand Ambassador, including all applicable Program Policies.

1.     Affiliate Program Limits. Each accepted Brand Ambassador application will expire after 6 months from the date the Brand Ambassador was accepted via email. We will pay you Commission as described in the registration form for each new Customer who orders using your assigned affiliate link or coupon code, provided that you remain eligible to receive commission pursuant to the terms of this agreement.

2.     Eligibility. To be eligible for commission (i) your Brand Ambassador application must be accepted, (ii) a valid PayPal or Venmo account for your commission to be paid out to you directly, (iii) a customer transaction must have occurred and must be complete (payment accepted, processed and shipped). You are not eligible to receive commission payments or any other compensation from us based on transactions from Just Be You online store if: (i) customer does not use your assigned affiliate link or coupon code at checkout; (ii) the customer objects to or prohibits such compensation or excludes such compensation from its payments to us or Just Be You products are refunded; (iii) the customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iv) the commission payment has been obtained by fraudulent means, misuse of the affiliate link, in violation of any Program Policies that we make available to you, misuse of the coupon code or by any other means that we deem to breach the spirit of the Program, or (v) the Customer is already registered as a Brand Ambassador for Just Be You, LLC. As a Brand Ambassador, if you promote other affiliate programs for jewelry and/or accessories companies outside of Just Be You, LLC during your six (6) month term, we may elect to terminate your affiliate contract, at our discretion. We may discontinue commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time. 

3.     Commission and Payment. In order to receive payment under this agreement, you must have: (i) agreed to the terms of this agreement (generally completed through the Brand Ambassador Program application); (ii) have a valid and up-to-date payment method through PayPal or Venmo with such account in order for us to process any payments that may be owed to you. Commission payments will be processed and paid to you on the 1^st day and the 15^th day of every month during your six (6) month term. The last month of your term your commission from the 16^th day to the end of the month will be processed and sent to your chosen bank account by the 1^st day of the following month (For example, if your last month is August, your last payment will be on September 1^st). After the last payment of commission, you may re-submit your application to join the Brand Ambassador Program again. You will not be eligible to rejoin the program if your last payment is still being processed or has not been paid.

4.     Requirements for Payment; Forfeiture. Notwithstanding the foregoing or anything to the contrary in this agreement, if any of the requirements set forth in section 2(i-v) remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you commission associated with a Forfeited Transaction. Once you comply with all of the requirements in sections 1-3, then you will be eligible to receive commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. You are responsible for payment of all taxes and fees (including bank fees) applicable to the commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. Commission can also be used as a store credit, paying with store credit means that you will be paid via store discount coupons which cannot be withdrawn in the form of money but can only be used to purchase products in Just Be You Jewelry store. We reserve the right to alter or change the commission amount at any time. 

5.     Entire Agreement. This Agreement is the entire agreement between us for the Brand Ambassador Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Just Be You products or dependent on any oral or written public comments made by us regarding future functionality or features of the Program. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement.

6.     Applicable Law. This agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Woodbridge, Virginia.

7.     Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

8.     No Indirect Damages. To the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

9.     Limitation of Liability. If, notwithstanding the other terms of this agreement, we are determined to not have any liability to you, you agree that our aggregate liability will be limited to the total commission amounts you have actually earned for the related customer transactions in the six (6) month period.

1    Using Your Affiliate Account. We disclaim all liability with respect to your assigned website account that you use to manage your Brand Ambassador Program. We do not promise that you will make commission, you will have to promote your own link and coupon codes to gain commission from sales, the amount you will make will be at your own discretion.

1    Cookie Duration. Cookies used as part of the Affiliate Program have a set duration. If a potential customer clears their cookies during this period, Just Be You, LLC shall not be liable for any commissions that may have been owed to you.