affiliate program

representations:

by applying and participating in the program, you agree to the following:

you will not:

· misrepresent, disparage, or tarnish amika, its reputation or any amika properties, products, or intellectual property;

· engage in any acts or omissions that are in any way likely to impair or cause damage to amika or to the program;

· infringe or do anything that would attempt to infringe any of amika’s intellectual property, including but not limited to copyrights
and trademarks. this includes registering or attempting to register a trademark or domain name that is confusingly similar to any trademark or domain name owned by amika; and/or

· use any copyright protected music that requires a copyright license in any advertising or endorsements, including social media
posts, which you use to promote amika, its products or your URL.

you will:

· make all disclosures mandated by applicable law, including those mandated by the Federal Trade Commission (“FTC”) and comply with the FTC endorsement guidelines in connection with any social media posts, sponsored advertising or endorsements, and/or any use of amika materials in connection with your participation in the program, including disclosing your material relationship to amika in accordance with FTC requirements whenever promoting amika on your URL or your social media page. you can read more about the FTC’s disclosure requirements here and here;

· use only royalty-free music in any advertising or endorsements, including social media posts, which you use to promote amika, its
products or your URL;

· comply with the CAN-SPAM Act, in connection with all commercial messages that you send via e-mail;

· register with trolley (https://trolley.com/) in order to receive commissions. you acknowledge and understand that amika has no responsibility to pay you commissions unless and until you create a trolley account;

· comply with the highest applicable industry standards in your participation in the program;

· comply with all applicable laws, rules, and regulations; and

· indemnify and hold harmless amika, and its employees, officers, directors, agents, attorneys, subsidiaries and affiliates, from and against any damage, claim, loss, fee, assessment, interest, charge or penalty arising from your breach of these terms.

amika reserves the right, in our sole discretion, without notice, to suspend or terminate your participation in the program, including suspending or terminating access to your account, your URL, or the amika website, with or without cause. you may choose to terminate your participation in the program by providing written notice to amika. if your participation is terminated by amika without cause or if you terminate your participation and you are in compliance with these terms, amika will pay you all commissions earned by you prior to the effective date of amika’s termination which were earned in accordance with these terms. if your participation is terminated with cause, any commissions, rewards or benefits in your account will automatically expire. upon termination, your access to the program and features will automatically terminate and you agree to discontinue your use of all amika intellectual property, your URL, and all links, logos, banners, and promotional materials provided to you by amika.

you hereby acknowledge and agree that amika may from time to time monitor your account and your activity on our site and on
your URL to verify that you are complying with these terms.

by enrolling in the program, you also agree to be bound by our website terms of use located at https://loveamikapro.com/pages/terms-of-use and our website privacy policy located at https://loveamikapro.com/pages/privacy-policy, which are each incorporated herein by reference. the terms of use and privacy policy may be revised by us from time to time without notice to you. it is your responsibility to review the links from time to time to check for any changes. by participating in the program, you are opting in to receive marketing and email communications from amika, and you may opt out at any time. please check our privacy policy for more information on opting out of communications.

all notices you send related to terms should be sent to [email protected] or amika, attn: Salon Affiliate Program, 25 Kent
Avenue, Suite 302, Brooklyn, NY 11249. all notices sent by amika to you will be sent to the email you provide in your program application.

these terms are governed by the laws of the state of New York. any venue for any dispute arising out of these terms, or the program shall be the state and federal courts of Kings County, New York.

you agree and acknowledge that amika shall have no liability to you related to or arising out of the program or your participation in the program except to the extent arising from amika’s gross negligence or willful misconduct. in no event shall amika’s liability to you exceed the commissions paid to you during the 3 months prior to the date the applicable claim arises and in no event shall amika be liable for any consequential, indirect, incidental or punitive damages even if amika knows or is warned of the possibility of such damages.

you acknowledge that your relationship to amika is that of an independent contractor and nothing in these terms or your participation in the program shall create a partnership, joint venture, agency, or employment relationship between you and amika. you are solely responsible for paying all taxes arising out of your receipt of the commissions.

you may not assign your account or your URL to any party. if you attempt to do so, your account and access to your URL will be immediately cancelled and amika will not owe any commissions arising out of or related to any such attempted assignment.

questions? reach out to [email protected]