YOUGOTSHOES CONSULTANT PROGRAM TERMS OF SERVICE

AGREEMENT

By signing up to be a Consultant in the YouGotShoes Consultant Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

YouGotShoes reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding consultant commission payments earned during the violation. You agree to use the Consultant Program at your own risk.

ACCOUNT TERMS

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Consultant.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. YouGotShoes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Consultant Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Consultant Program to earn money on your own YouGotShoes product accounts.

LINKS/GRAPHICS ON YOUR SITE, IN YOUR EMAILS, OR OTHER COMMUNICATIONS

Once you have signed up for the Consultant Program, a unique web store will be created for you. You are permitted to place links, banners, or other graphics we provide with your supplied creative resources on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to YouGotShoes. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, your customers must purchase their products directly from your store. We will not be liable to you with respect to any failure by you or someone you refer to use your profile as the point of purchase including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

REFERRAL FEES AND PAYMENT

For a Product sale to be eligible to earn a referral fee, the customer must click-through your site on http://yougotshoes.com and complete an order for a product during that session.

We will only pay commissions on orders that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through consultant’s personal web stores. Starter Packs are not counted towards commissions.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

IDENTIFYING YOURSELF AS A YOUGOTSHOES CONSULTANT

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of YouGotShoes or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

PAYMENT SCHEDULE

As long as your current consultant earnings are over $20, you’ll be paid every time a sale has been completed. Completion consists of your customer receiving their order in full, and are satisfied with it’s contents.  If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

CUSTOMER DEFINITION

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.  We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

YOUR RESPONSIBILITIES

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment to your role as a consultant
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal.

COMPLIANCE WITH LAWS

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

RETURNS

Single Shoes:

Within 30 days of order placement, items must be unworn, undamaged and sent back in their original packaging with all original contents. Refunds will only be issued to the original credit card on file.

*Note: Customer is responsible for return shipping costs.

Starter Packs

We have limited ability to provide exchanges in Diva, Princess, and Queen Starter Packs. We cannot swap styles, and can provide new sizes for up to 3 shoes for Diva packs, 6 shoes for Princess packs, and 12 Shoes for Queen packs. We DO NOT offer full returns or refunds on Starter Pack purchases.

MISCELLANEOUS

YouGotShoes assumes no liability or responsibility for actions related to the carrier the customer selects to return items. This includes but is not limited to damages to packaging or items during transit and lost, stolen or undeliverable packages.

TERM OF THE AGREEMENT AND PROGRAM

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://yougotshoes.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. YouGotShoes reserves the right to end the Program at any time. Upon program termination, YouGotShoes will pay any outstanding earnings accrued above $20.

TERMINATION

You Got Shoes, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other YouGotShoes service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. YouGotShoes reserves the right to refuse service to anyone for any reason at any time.

RELATIONSHIP OF PARTIES

YouGotShoes consultants are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

USE OF SERVICES

YouGotShoes employs a team of stylists and inventory experts to assemble shoe trends for stores. YouGotShoes reserves the right to exercise  our discretion when building starter packs, even in situations where consultants have submitted a requested list of styles.  We will work with consultants to the best of our ability to build stores on their request and specifications. YouGotShoes may or may not contact you if there are inventory concerns with your requests, and we reserve the right to process your order at our stylists discretion to keep onboarding running smoothly.

DISCLAIMERS

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the YouGotShoes will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

INDEPENDENT INVESTIGATION

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

ARBITRATION

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

MISCELLANEOUS

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of YouGotShoes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and YouGotShoes and govern your use of the Service, superceding any prior agreements between you and YouGotShoes (including, but not limited to, any prior versions of the Terms of Service).