Welcome to Boosé®! Thanks for joining the Boosé® Affiliate Program.
These following terms and conditions apply to the access or use of the Program by you (“You” or the “Affiliate”) to refer customers to Boosé Boss Lady LLC (“We,” “Us,” or “Boosé”) to purchase Boosé® brand apparel for nursing mothers, including without limitation, the Jules Dress™ and Saha Scrubs™ products (collectively, “Boosé® Products”).
By participating in the Program, You agree to use the Program in the manner specified in, and you are bound by, these Terms and Conditions.
1. Affiliate Links and Discount Code; Social Media Policy
You will be assigned one discount code. If a customer both clicks on the Affiliate link and uses Your discount code, you will not receive a double commission.
You may also advertise Our website on online channels such as Facebook, Instagram, TikTok, Snapchat or offline classified channel ads, magazines, and newspapers. We have the right to pre-approve all advertising materials .
Your discount code will only be active during the Term of this Agreement.
You agree to comply with the Boosé Social Media Policy, attached as Exhibit A (as may be amended from time to time by Boosé at its sole discretion), and with all applicable laws.
2. Commissions and Payment
For You to receive a commission, you will need to fill out a W9 form, as well as sign and return this Agreement.
If you refer any customer to make a purchase on our website using your unique discount code, you will get a commission amount of 15% of the total order, after deduction of all taxes and shipping costs.
Payments will only be sent for transactions that have been successfully completed. We reserve the right to review and approve or reject every referral order. Transactions that result in charge backs or refunds will not be paid out or may be deducted from your commission the following month.
Your commission on a transaction will be paid within thirty (30) business days after the transaction has been successfully completed. Payment may be made via PayPal or Venmo (You may select Your preferred method).
3. Term and Termination of this Affiliate Agreement
This Agreement, including your participation in the Affiliate Program and your access to Your discount code, will be effective for a period of six (6) months from the date last signed below, unless this Agreement is terminated earlier as provided in this Section 3.
You or We may terminate this Agreement either: (a) for convenience (meaning, for any or no reason) on 7 days’ prior written notice, or (b) for breach (meaning, violation of any term or condition) on 1 days’ prior written notice. Commissions that You have earned before the effective date of termination will still be payable after termination. Also, all provisions that by their terms are intended to survive termination (such as confidentiality and intellectual property provisions) will survive.
4. Intellectual Property and Confidentiality
We are the exclusive owner of the trademarks, BOOSÉ®, JULES DRESS™, SAHA SCRUBS™, and PARE DOWN TECHNOLOGY™ (the “Marks”). We hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable right and license during the Term of this Agreement to use the Marks solely to promote the Products in accordance with this Agreement and Our usage instructions. Except as so provided, no intellectual property rights of any kind (including, without limitation, trade secrets or designs, writings or software, whether or not patented, copyrighted or trademarked) are conveyed or licensed to You in any way.
We may from time to time, at our sole discretion, disclose non-public information to you that we deem to be proprietary and confidential (“Confidential Information”). You agree to use all reasonable efforts to keep Confidential Information confidential, and not to use or disclose it except with Our prior written permission.
You represent and warrant that, to your knowledge, You are free of any legal or contractual obligations that would conflict with or interfere with Your ability to comply with this Section 4.
If you breach any of the provisions of this Section 4, We will be irreparably damaged. Therefore, in the event of a breach or threatened breach of this Section 4, We may apply to any court of competent jurisdiction for injunctive relief without the necessity of posting a bond or other undertaking.
5. Dispute Resolution
This Agreement is governed by and interpreted in accordance with the internal laws of the State of Illinois without regard to conflicts of laws rules. Any lawsuit must be litigated in the federal or state courts of competent jurisdiction located in the State, Federal or county courts of Dupage County, Illinois.
Except as provided in Section 5, no suit can be brought until You and We have first attempted to resolve our dispute by one business day of non-binding mediation at a mutually convenient location in the State of Illinois. The mediation must take place within thirty (30) days after written notice of the dispute. If You and We cannot agree to a mediator, the American Arbitration Association (“AAA”) will select one. You and We will each bear our own attorneys’ fees and other expenses of mediation, except that we will equally share the mediator’s and AAA’s fees.
6. Notices
Any notices required or permitted to be given under this Agreement must be in writing and will be effective (a) when personally delivered or e-mailed (subject to electric confirmation of receipt), (b) one (1) business day after mailing, postage-prepaid, by commercial overnight express courier service, or (c) three (3) business days after mailing, postage-prepaid, by certified U.S. Mail, to the other party to this Agreement at its address below, or to such other address as may be identified in a notice given according to this Section.
If to Boosé: Boosé Boss Lady, LLC
616 E Main St, St. Charles, IL, 60174
Attention: danielle@boosebrand.com
If to You: At the address given below your signature line
7. Execution
Please sign (electronically or by hand) and return this Agreement. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and which together shall constitute one and the same agreement.
8. Entire Agreement; Modification and Waiver
This Agreement, including the Social Media Policy, is the entire agreement between You and Us concerning its subject matter, and it supersedes all prior agreements and understandings concerning its subject matter. This Agreement may be amended or modified only by a writing signed by both You and Us. A provision of this Agreement may be waived only by a writing signed by the party making that waiver.
You and We have executed this Agreement by our duly authorized representatives as of the date last signed below.
Exhibit A: Boosé Boss Lady, LLC Social Media Policy
This Social Media Policy applies to any and all endorsements of Boosé and/or its products on any social media platform in any form, including without limitation video, still photography, written statements and tagging. This Social Media Policy applies, without limitation, to all Boosé Affiliates, Brand Ambassadors, and others who receive commission, free products or other consideration (collectively, “Material Connections”) for posting endorsements and advertisements for Boosé or its products (collectively, “Posts”).
Every Post must disclose the Material Connection in a clear and conspicuous manner. For example, the disclosure must be in close proximity to the endorsement, and well placed so it can be easily noticed (not, below the fold or in a hyperlink).
That disclosure must appear both in the Post’s audio/video/still photo and in the written description on the Post. It is acceptable to superimpose the written disclosure on the video or photo.
The following language, posted conspicuously as above, will suffice:
- #ad
- #affiliate
- #Booséambassador
- #Boosepartner
- Thanks Boosé for the free product
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