Customer Service Terms & Conditions - Affiliates

Terms and Conditions

Approval or Rejection of the Affiliate Programme Application

Boux reserves the right to approve or reject any Affiliate application.

Reason for Rejection

Aside from Boux exercising its right to reject an application by way of its absolute discretion, an application will be rejected in the following instances:

  1. The Affiliate’s application is incomplete;

  2. The Affiliate’s website contains images or content that is not acceptable to Boux or is inconsistent with the image Boux wishes to create in association with its websites;

  3. The Affiliate’s websites contains any illegal, immoral, defamatory, derogatory, harassing, harmful, threatening, obscene, pornographic, sexually explicit, discriminatory content, or content which promotes violence, terrorism, drug use, or other illegal activities, or activities which are against the interests of Boux;

  4. The Affiliate’s website contains material which may violate any intellectual property such as patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party;

  5. The Affiliate's website is under construction;

  6. The Affiliate’s website uses spyware, phishing techniques, adopts black hat web practices, or fraudulent and dishonest practises;

  7. The Affiliate is a competitor or rival company;

  8. The Affiliate participates in fraudulent activities, including the misuse of vouchercodes that have been offered exclusively to other publishers.

    9.  

    The above list is not exhaustive. Applicants are encouraged to clearly express their relevance and value to the Boux Avenue programme in their application. If they are rejected, they should check that their URL is not in breach of any terms and conditions. If they wish for their application to be reconsidered, they should send details of how they plan to feature Boux Avenue, along with all URLs that they’d like to be considered, to the Affiliate Manager contact details listed on the Boux Avenue Awin Account.

Successful applications

Successful Affiliates will receive a brief from Boux with deliverables, Boux product for wearing in content used in conjunction with the affiliate programme, and/or a unique discount code to be redeemed online on full price product. Discount codes must not be shared or published on any other social media channels.

Requirements regarding linking to Boux’s Website

Aside from Boux exercising its right to reject an application by way of its absolute discretion, an application will be rejected in the following instances:

a) The Affiliate is obligated to place links on their social media post (and/or channel) which directs users to Boux’s website. Boux will make available to the Affiliate button links, text links, and banner advertisements to be placed on the Affiliate’s social media post (and/or channel), which will direct users to Boux’s website via hyperlink.

b) The Affiliate must cooperate with Boux in the establishment and placement of links on the Affiliate’s social media channel. The Affiliate must obtain approval from Boux of all links to Boux’s website which the Affiliate will place on its social media channel.

c) The Affiliate will not modify the links or other materials that Boux provides to the Affiliate.

d) The Affiliate consents to Boux including statistics relative to traffic from the Affiliate’s social media channel in Boux’s reports, which may be provided to 3rd parties.

e) The Affiliate may not place links or materials provided by Boux anywhere other than on the Affiliate’s social media channel, as stated within the Affiliate’s application to the Affiliate Programme.

f) The Affiliate may not put the Boux Avenue website into frames or use masked URLs.

g) The Affiliate may not purchase domain names which include the Boux Avenue brand name, registered trademarks, nor any misspells or variations.

h) The Affiliate may not hardcode banners into their site, to allow updates made to those available through Boux Avenue to take immediate effect.

i) All Affiliates are prohibited from promoting the Boux Avenue programme through paid search unless they have a written agreement stating otherwise. This includes Google, Bing, MSN, Yahoo and any other paid search activity. Affiliates found promoting the program in this way, particularly if they are using the display URL and/or bidding on Boux Avenue brand terms, risk being removed from the programme and having commissions reversed. Publishers are required to apply an appropriate negative match to prevent any broad matching incident.

j) Direct linking is not allowed; Affiliates must not use the URL ‘www.bouxavenue.com' for this purpose.

k) Affiliate content posted in conjunction with the programme must comply with all applicable laws and advertising regulations, and be communicated to the public in a way which is transparent and makes clear to users that they have a commercial relationship with Boux. In particular, the Affiliate should familiarise herself with the Advertising Standards Authority guidance on blogging and vlogging and make sure that she complies with it in the course of providing the Services. In particular, Affiliates must include the hashtag #ad in content posted in conjunction with the affiliate programme.

l) Content published by Affiliates must be original and not duplicates from existing content from Boux’s website.

Approvals & Usage

a) Where agreed as part of the deliverables in the brief provided to successful Affiliates, the Affiliate shall model and promote the products provided by Boux. For the avoidance of doubt, the label appearing on the Products & all packaging shall bear the name of Boux only. Affiliates can also be engaged to write blog posts about Boux, featuring links to their channel(s) where agreed as part of their deliverables.

b) Boux shall have the right to approval of all content created under this agreement prior to it being published on the Affiliate’s social media channel. Once such content has been approved, provided use is in the same context, Boux shall be free to incorporate such approved content into its campaigns for a usage period of 6 months, without any further need to obtain consent from the Affiliate. Following the end of the usage period, the content and/or imagery may remain on Boux’s usage channels provided that the content remains dormant and is not refreshed or reposted without the Affiliate’s prior written consent.

c) The Affiliate agrees to Boux’s usage of this content across all organic and paid social media platforms during the usage period (including but not limited to Instagram, Twitter, Facebook, TikTok and YouTube). The Affiliate also grants Boux usage across their email and website, for press/media and PR use, and for any other channels or media throughout the usage period.

Affiliate’s Social Media channel

a) The Affiliate will be fully responsible for all costs and expenses associated with their social media channels used in association with fulfilling their obligations under this agreement.

b) The Affiliate is responsible for all matters pertaining to the Affiliate’s own social media channel. The Affiliate represents and warrants to Boux that its social media channel does not and will not contain any materials that are illegal, and that the Affiliate’s social media channel is not operated for an illegal purpose or in an illegal manner.

Commission

a) Commission will be paid to the Affiliate based on a percentage of sales from customers who access Boux’s website directly through the Affiliate’s social media post.

b) Boux reserves the right to decline commissions in the following instances: Order cancelled, Item Returned, Customer failed credit check; Breach of programme T&Cs; Duplicate Order. This is not an exhaustive list.

c) The transaction value that commissions are paid on does not include VAT, delivery charges or credit card fees.

d) The percentages to be paid as commissions hereunder are as follows: Base rate commission: 5%; Sale products/voucher code sales: 2%.

e) Boux reserves the right to change and amend the commission rate structure at any time, at Boux’s sole discretion. Where possible, when altering commissions, a period of 28 days notice will be given to Affiliates.

f) Commissions will only be paid on sales which are tracked through Boux’s online tracking system and indicate the Affiliate’s social media link as the direct source. If a customer visits Boux’s website through the link from the Affiliate’s social media post, and instead of placing an order online, calls Boux and places an order via telephone, the Affiliate will not have any right to commission from that sale.

g) The Affiliate has no right to commissions until the applicable customer has paid Boux in full for their order. All commission payments are validated once Boux’s 30 day returns period is complete.

h) Commissions will be paid to the Affiliate on a monthly basis by Awin.

i) Boux makes no representations and warranties regarding potential income which may result from participation in the Affiliate Programme.

Sales & Customer Service

a) Boux will be responsible for handling all Boux customer inquiries, including those relating to: Boux Product Orders, Boux Customer Billing, Collection and Product Shipping which relate to customers entering Boux’s website through the links from the Affiliate’s social media channel.

b) Pricing of Boux’s products and services is within the absolute discretion of Boux who reserves the right to change the pricing structure at any time, without prior notice. This includes terminating any special offers, discontinuing products or changing terms under which products are offered.

c) Boux has no obligation to provide the Affiliate with any specific information relative to any customer, regardless of whether they access Boux’s website through the link from the Affiliate’s social media channel.

d) Boux is not responsible for the failure to assign any sale or commissions to the Affiliate if the same arises from the improper formatting of the link from the Affiliate’s social media channel. The Affiliate must assure at all times that the link is appropriately formatted and report any problems that the Affiliate may have with the same to Boux immediately.

e) All customers making purchases through Boux’s website, regardless of whether they may have reached its website through the link from the Affiliate’s social media channel are deemed to be Boux’s customers relative to Boux’s products and services. The Affiliate will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the Affiliate’s social media channel associated with this agreement.

Trademarks and Copyrights

a) The Affiliate will have a non-exclusive, limited term licence to use trademarks, logos and copyrighted material that Boux provides to the Affiliate for use solely on the social media channel that the Affiliate selects to use in conjunction with the agreement as set out in their application to the Affiliate Programme, ie for the purposes of promoting, advertising, or marketing the Affiliate’s participation in the Affiliate Programme.

b) Boux retains all right, title and interest in and to all such materials, along with all goodwill and other value associated with these. The Affiliate may not distribute, reproduce, modify, or amend the images in any way.

c) These items may only be used by the Affiliate if they contain a hyperlink to Boux’s website.

d) The licence for usage will terminate upon termination of the Affiliate’s agreement with Boux in conjunction with the Affiliate programme. Upon termination or revocation of the licence granted, the Affiliate will immediately cease usage of the material, and will delete all such materials from its social media channel and devices.

e) Boux has no obligation to announce, advertise, market or promote the Affiliate’s participation in the Affiliate Programme, but reserves the right to do the same, at its sole discretion.

f) Affiliates must not bid on the trademark ‘Boux Avenue, 'Boux Ave', or any other variations or misspellings of the name.

Product Availability

Boux cannot guarantee product availability or the term of any price or special promotion or offer.

Representations and Warranties

The Affiliate hereby represents and warrants to Boux to have the complete power and authority to enter into this Agreement, and that this Agreement therefore constitutes a valid and legally enforceable agreement.

Modifications

a) Boux reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Programme and the terms and conditions of this agreement upon notice to the Affiliate. Boux will provide 28 days notice to the Affiliate in the event a change is made to the terms and conditions of the programme.

b) If Boux’s website is updated which may mean the site is unavailable for a short time, Affiliates will be provided with 7 days’ notice.

Termination

a) Either the Affiliate or Boux may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in accordance with this Agreement.

b) The Affiliate shall forfeit all right to receive past commissions that may have been accrued to the Affiliate if this agreement is terminated as a result of the Affiliate’s failure to comply with the terms of the Agreement.

c) Boux Avenue reserves the right not to honour any commissions that have been generated in a fraudulent or dishonest manner. Any Affiliate found to be acting in a fraudulent or dishonest manner faces the immediate termination of their agreement, with any pending commissions withheld.

Liabilities

a) Boux disclaims any and all warranties and liability related to any downtime or failure for users to be able to access its website or to access its website using the link from the Applicant’s website. Boux does not represent or warrant that its website or any application, including but not limited to its link tracking features, will be error free, or that they will function without interruption.

b) Boux shall not be responsible for and hereby disclaims any and all warranties related to its website, the Affiliate program, the Affiliate participation in the Affiliate program, the Affiliate’s ability to make any commissions or otherwise profit through participation in the Affiliate Program.

c) Boux shall not be responsible for any direct or indirect damages or liabilities of any nature, including but not limited to incidental or consequential, indirect or special damages, loss of profits, lost business opportunity or any other damages.

d) Without limiting the forgoing, Boux’s total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by Boux pursuant to the terms hereof.

Confidentiality

The Affiliate agrees to hold information pertaining to the Affiliate Programme and Agreement in the strictest of confidence, and not to disclose such information to any other party or to use such information for the Afiliate’s own purposes.

Indemnification

The Affiliate hereby indemnifies and holds Boux harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and fees related thereto, that Boux may incur, and which are based in whole or in part upon the Affiliate participation in the Affiliate Programme, or any claim related directly or indirectly to the Affiliate’s use, operation or the contents of the Affiliate’s social media channel.

Governing Law

This Agreement shall be interpreted under the laws of England and Wales.

Relationship of the Parties

The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, principal/agent.

Assignment

This Agreement is only for the benefit of the Affiliate listed in the Affiliate Programme Application. The Affiliate shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity.

Entire Agreement

This Agreement supersedes any and all prior discussions, understandings, agreements, representations or warranties between the parties related to the subject matter hereof.

If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of the Agreement or any other term or condition of this Agreement.