|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
BEAUTY AFFILIATE PROGRAM AGREEMENT
IMPORTANT: THIS BRAND AFFILIATE PROGRAM AGREEMENT CONTAINS A
BINDING ARBITRATION CLAUSE AND WAIVER OF THE RIGHT TO JURY TRIALS AND
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
BY SUBMITTING AN APPLICATION TO THE BRAND AFFILIATE PROGRAM, YOU
ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE
LEGALLY BOUND EACH AND EVERY TERM AND CONDITION.
This BRAND AMBASSADOR Program Agreement (the “Agreement”) is a
legally binding contract between you (“Brand Ambassador”, “you”,
or similar terms) and StansOut Beauty (“StansOut”, “us”,
“we”, or similar terms) and applies to your participation in the
StansOut BeautyBrand Ambassador Program (the “Program”).
Any person or entity that participates or attempts to participate in
the Program must accept this Agreement without change. By registering
for the Program, you agree to this Agreement.
1. Description of the Program
The Program permits you to monetize your social media
user-generated content by placing on your social media profiles
(“Your Profiles”) a personalized Brand Ambassador coupon code
(“Your Code"). When our customers purchase eligible
goods from www.stansoutbeauty.com (the “StansOut BeautySite”)
using Your Code you be eligible to receive a commission for
“Qualifying Purchases”, as further described (and subject to the
limitations in) Section 3 below.
We periodically modify the terms of this Agreement. We might also
choose to replace these terms in their entirety if, for example, the
Program changes, ends, or becomes part of an existing program,
including our partner programs. If you don’t agree to the
modification or replacement, you can choose to terminate your
participation in the Program. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING ANY CHANGES TO THIS AGREEMENT WILL CONSTITUTE YOUR
ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between
you and us or our respective affiliates. You will have no authority
to make or accept any offers or representations on our or our
You will ensure that the information in your Program application
and information otherwise associated, including your email address,
mailing address, and other contact information, is at all times
complete, accurate, and up-to-date. We may send notifications (if
any), approvals (if any), and other communications relating to the
Program and this Agreement to the email address then-currently
associated with your Program account. You will be deemed to have
received all notifications, approvals, and other communications sent
to that email address, even if the email address associated with your
account is no longer current.
You can update your information by logging in to the refersion
portal where you signed up for the program.
2. Eligibility To Participate In The Program & Prohibited
You must be at least 16 years of age. If you are the parent
or legal guardian of a person under the age of 16, you represent and
warrant that the minor is of legal age to participate in the Program,
you are the legal parent or guardian of the minor whose rights are
covered by this Agreement, that you have read the terms of this
Agreement and consent to the terms herein and you will not revoke
You must have a PayPal account.
You must comply with this Agreement to participate in the Program
and to receive Commissions.
You must promptly provide us with any information that we request
to verify your compliance with this Agreement.
You must clearly state the following, or any substantially similar
statement (the “Disclosure”) on Your Profiles: “I earn from
qualifying purchases made at StansOut Beauty”
You must be kind and respectful to all other Brand Ambassadors.
Your Code is for you to post solely in Your Profiles.
Participation in the Program does not grant you any rights to sell
StansOut Beauty items at events of any kind (ex. farmer's markets,
etc.) unless you have received express written permission by us.
You must not comment with Your Code on any StansOut Beauty social
media posts or channels (i.e. Instagram, Twitter, Facebook, etc.),
even if you see another Brand Ambassador doing it.
You must not post Your Code in the comments of any posts from
StansOut Beauty accounts or stores who carry our products.
Your breach of any of the terms of this Agreement, or any other
agreement between you and us, or in connection with the Program (e.g.
remedies available to us, we reserve the right to permanently (to the
extent permitted by applicable law) withhold (and you agree you will
not be eligible to receive) any and all Commissions otherwise payable
to you under this Agreement, whether or not directly related to such
violation without notice and without prejudice to any right of
StansOut Beautyto recover damages in excess of this amount.
3. Commissions on Qualifying Purchases
We will pay you a commission with a base amount of no less than
15% of the price paid by the customer and actually received by
StansOut Beauty, before taxes and shipping, on all Qualifying
Purchases (your “Commission”). A “Qualifying Purchase” occurs
when (i) a customer uses Your Code to purchasing eligible goods from
the StansOut BeautySite; (ii) the customer’s payment is
From time to time, we like to incentivize our Brand Ambassadors by
offering increased commission rates for particular periods of time.
For example, we may notify you that for a period of time all Brand
affilates will earn a 20% Commission on Qualifying Purchases.
Notwithstanding the foregoing, Qualifying Purchases are
disqualified and no Commission shall be due whenever (a) they occur
in connection with a violation of this Agreement, or any other terms,
conditions, specifications, statements, and policies that we may
issue from time to time that apply to the Program; (b) any purchases
that occur after termination of your Agreement; (c) any order where a
cancellation, return, or refund has been initiated; (d) any purchase
by a customer who is referred to the StansOut Beauty Site through any
advertisement that you purchased through participation in bidding or
auctions on keywords, search terms, or other identifiers that include
the word “StansOut ”, or “StansOut Beauty”, or any other
StansOut Beauty trademark (or variations or misspellings of any of
those words, (e) any purchase by a customer who is referred to the
StansOut Beauty Site by a link that is generated or displayed on a
search engine (including Google, Yahoo, Bing, or any other search
portal, sponsored advertising service, or other search or referral
service, or any site that participates in such search engine’s
network); (f) any purchase by a customer who is referred to the
StansOut Beauty Site by a link that sends users indirectly to the
StansOut Beauty Site via an intermediate site, without requiring the
customer to click on a link or take some other affirmative action on
that intermediate site; (f) any purchase by a customer, where such
customer does not comply with the terms and conditions applicable to
the StansOut Beauty Site; or (g) any purchase that is not correctly
tracked or reported because the Your Code is not properly formatted
or inserted in the StansOut Beauty Site’s checkout process.
We will use commercially reasonable efforts to accurately and
comprehensively track Qualifying Purchases for the purposes of our
internal tracking, and creating and distributing your Commissions. We
may hold accrued Commissions for a reasonable period of time
following any termination of this Agreement to ensure that the
correct amount is paid.
We will pay Commissions in United States Dollars via PayPal
approximately 30 days following the end of each calendar month in
which they were earned. You may be permitted to elect to receive
payment in a currency other than United States Dollars. If you choose
to do so, you agree that the conversion rate will be determined in
accordance with PayPal’s operating standards. You are solely
responsible for any PayPal fees, and any and all taxes. We are
not responsible for any Commissions that are not received by you due
to any suspension or termination of your PayPal account.
Payments made to you, as reduced by all deductions or withholdings
described in the Agreement, will constitute full payment and
settlement to you of amounts payable under the Agreement.
If any excess payment has been made to you for any reason
whatsoever, we reserve the right to adjust or offset the same against
any subsequent fees payable to you under the Agreement or any other
agreement between you and us.
We may deduct or withhold any taxes that we may be legally
obligated to deduct or withhold from any amounts payable to you under
this Agreement. From time to time, we may request tax information
from you. If we request tax information from you and you do not
provide it to us, we reserve the right (in addition to any other
rights or remedies available to us) to hold any amounts otherwise
payable to you in connection with the Program until you provide this
information or otherwise satisfy us that you are not a person from
whom we are required to obtain tax information.
5. StansOut Beauty Customers
You acknowledge and agree that StansOut Beauty’s customers do
not become your customers by virtue of your participation in the
Program. You agree to not handle or address any contact with any of
our customers, and, if contacted by any of our customers for a matter
relating to interaction with StansOut Beauty, you will state that
those customers must follow contact directions on the StansOut Beauty
Site to address customer service issues.
You represent, warrant, and covenant that (a) you will participate
in the Program in accordance with this Agreement, (b) your
participation in the Program, including without limitation, your
creation, maintenance, or operation of Your Profile(s) will not
violate any applicable laws, ordinances, rules, regulations, orders,
licenses, permits, guidelines, codes of practice, industry standards,
self-regulatory rules, judgments, decisions, or other requirements of
any governmental authority that has jurisdiction over you (including
all such rules governing communications, data protection,
advertising, and marketing), (c) you are lawfully able to enter into
contracts, (d) you have independently evaluated the desirability of
participating in the Program and are not relying on any
representation, guarantee, or statement other than as expressly set
forth in this Agreement, (e) you will not participate in the Program
if you are the subject of U.S. sanctions or of sanctions consistent
with U.S. law imposed by the governments of the country where you are
using the StansOut Beauty Site; (f) you will comply with all U.S.
export and re-export restrictions, and applicable non-US export and
re-export restrictions consistent with U.S. law, that may apply to
goods, software, technology and services, and (g) the information you
provide in connection with the Program is accurate and complete at
We do not make any representation, warranty, or covenant regarding
the amount of traffic or Commissions you can expect at any time in
connection with the Program, and we will not be liable for any
actions you undertake based on your expectations.
7. Identifying Yourself As A StansOut Beauty Affiliate
Except for the Disclosure, you will not make any public
communication with respect to this Agreement or your participation in
the Program without StansOut Beauty’s express prior written
consent. You will not misrepresent or embellish your relationship
with us (including by expressing or implying that we support,
sponsor, or endorse you), or express or imply any affiliation between
us and you or any other person or entity except as expressly
permitted by this Agreement.
8. Term and Termination
The term of this Agreement will begin upon your submission of the
application to join the Program. Either you or we may terminate this
Agreement at any time, with or without cause (automatically and
without recourse to the courts, if permitted under applicable law),
by giving the other party written notice of termination.
You can provide termination notice by emailing us at:
In addition, we may terminate this Agreement or suspend your
account immediately upon written notice to you for any of the
following: (a) you have breached or threaten to breach any part of
this Agreement; (b) we believe that we may face potential claims or
liability in connection with your participation in the Program; (c)
we believe that our brand or reputation may be tarnished by you or in
connection with your participation in the Program; (d) your
participation in the Program has been used for deceptive, fraudulent
or illegal activity; (e) we believe that we are or may become subject
to tax collection requirements in connection with this Agreement or
the activities performed by either party under this Agreement; (f) we
have previously terminated this Agreement with respect to you or
other persons that we determine are affiliated with you or acting in
concert with you for any reason, or (g) we have terminated the
Program as we generally make it available to participants.
Upon any termination of this Agreement, all rights and obligations
of the parties will be extinguished, including any and all licenses
granted in connection with this Agreement, except that the rights and
obligations of the parties under Sections 2, 4, 5, 6, 7, 8, 9, 10 and
11 of this Agreement will survive the termination of this Agreement.
No termination of this Agreement will absolve you of any liability
for any breach of, or liability accruing under, this Agreement prior
THE PROGRAM, THE StansOut Beauty SITE, ANY PRODUCTS AND SERVICES
OFFERED ON THE StansOut Beauty SITE, ANY COUPON CODES, LINK FORMATS,
CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND
LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA,
IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND
CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR
LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE
OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE
AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT
TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY
LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY
DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES,
FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME
AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR
LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE
PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY
PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR
FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR
LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES,
VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING
POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR
PROFILES OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER
PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE
NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY
COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH
(X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES,
GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR
COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE
PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION
IN THE PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR
LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitations on Liability
StansOut Beauty’s liability arising out of or related to this
agreement shall not exceed the amount of Commissions actually earned
by you in the period of twelve (12) months immediately preceding the
date on which you present us with a claim arising out of or related
to this agreement.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES,
OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN
CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE
TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE
(12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING
RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE
ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC
PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH
THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT
LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO
LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE
CREATION, MAINTENANCE, OR OPERATION OF YOUR PROFILES (INCLUDING YOUR
USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND
LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AND REPRESENTATIVES, HARMLESS FROM AND
AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES
(INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR PROFILES OR ANY
MATERIALS THAT APPEAR ON YOUR PROFILES, INCLUDING THE COMBINATION OF
YOUR PROFILES OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR
PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION,
ADVERTISING, PROMOTION, OR MARKETING OF YOUR PROFILES OR ANY
MATERIALS THAT APPEAR ON OR WITHIN YOUR PROFILES, (C) YOUR USE OF ANY
SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR
VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY
TERM OR CONDITION OF THIS AGREEMENT, OR (E) YOUR OR YOUR EMPLOYEES'
OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
12. AGREEMENT TO ARBITRATE / DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
YOU AND WE AGREE TO ATTEMPT TO INFORMALLY RESOLVE DISPUTES: In the
event that there is any dispute relating to this Agreement and the
Program, you and we both agree that the party alleging the dispute
shall send to the other party a written notice describing the dispute
(“Notice of Dispute”). You and we both agree that prior to
initiating any claim for arbitration or other legal proceeding, that
you and we shall attempt to informally resolve such dispute for a
period of thirty (30) days following the receipt by the non-claiming
party of the Notice of Dispute.
All Notices of Dispute to StansOut Beautyshall be in writing and
sent by personal delivery registered or certified mail (return
receipt requested) or overnight air express (or courier shipment
outside of the U.S.) if such services actually provide proof of
StansOut Beauty- Legal
3001 W Big Beaver Rd #408
Troy, MI 48084
YOU AND WE BOTH AGREE TO ARBITRATE: In the event that a dispute is
not resolved within the foregoing thirty (30) day period, then you
and StansOut Beauty agree to resolve any claims relating to this
Agreement through final and binding, arbitration.
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit
in court and seeks to resolve disputes more quickly. Instead of a
judge or a jury, the case will be decided by a neutral arbitrator who
has the power to award the same damages and relief that a court can.
If any provision of this Section 12 is found unenforceable, the
unenforceable provision shall be severed, and the remaining
arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the
interpretation and enforcement of this dispute resolution provision.
Arbitration shall be initiated through JAMS. Any dispute,
controversy, or claim arising out of or relating to these Terms shall
be referred to and finally determined by arbitration in accordance
with the JAMS Streamlined Arbitration Rules and Procedures in front
of one arbitrator. If there is a conflict between JAMS Rules and the
rules set forth in this Agreement, the rules set forth in this
Agreement will govern.
The JAMS Rules and instructions for how to initiate an arbitration
are available from JAMS at http://www.jamsadr.com
or 1-800-352-5267. To initiate arbitration, you or StansOut Beauty
must do the following:
1. Write a demand for
Arbitration. The demand must include a description of the claim and
the amount of damages sought to be recovered. You can find a copy of
a "Demand for Arbitration" at www.jamsadr.com;
2. Send three copies of the
"Demand for Arbitration", plus the appropriate filing fee
to your local JAMS office or to JAMS, 401 B Street, Suite 2100, San
Diego, CA 92101; and
3. Send one copy of the
"Demand for Arbitration" to the other party.
Payment of all filing, administration and arbitrator fees will be
governed by the JAMS Rules. Each party will bear their own costs of
arbitration unless the arbitrator directs that bearing such costs
would be an undue burden and, in that case, we will pay for your
portion of the arbitration administrative costs (but not your
attorneys’ fees). Arbitration shall be held in the United States in
San Diego, California under California law without regard to its
conflict of laws provisions. If traveling to San Diego, California is
a burden, you may participate in the arbitration by phone or via
document submission to the fullest extent allowable by the
arbitrator. The arbitration may award on an individual basis the same
damages and relief as a court (including injunctive relief). Any
judgment on the award rendered by the arbitrator may be entered in
any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: Any dispute, claim or controversy arising
out of or relating to this Agreement or the breach, termination,
enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to
arbitrate, shall be determined by arbitration in San Diego,
California before one arbitrator. The arbitration shall be
administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules
and Procedures. The arbitrator shall have the authority to grant
motions dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under
applicable law, the Arbitration Rules, and this Agreement. The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award
is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the
arbitrator is final and binding.
NO CLASS ACTIONS: You may only resolve disputes with us on an
individual basis, and may not bring a claim as a plaintiff or a class
member in a class, consolidated, or representative action. Class
arbitrations, class actions, private attorney general actions, and
consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL
IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes shall be resolved by arbitration. Arbitration procedures are
typically more limited, more efficient and less costly than rules
applicable in court and are subject to very limited review by a
court. In the event any litigation should arise between you and
StansOut Beautyin any state or federal court in a suit to vacate or
enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL
RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved
by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY
CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO
SMALL CLAIMS OPTION: You and StansOut Beauty agree that if a claim
is within the jurisdiction of a small claims court, either party may
choose to take the claim to that court instead of arbitration as
follows: (a) The parties may take their claims to small claims court
without first filing with the JAMS. (b) After a case is filed with
JAMS, but before the arbitrator is formally appointed to the case by
the JAMS, a party can send a written notice to the opposing party and
the JAMS that it wants the case decided by a small claims court.
After receiving this notice, the JAMS will administratively close the
case. (c) After the arbitrator is appointed, if a party wants to take
the case to small claims court and notifies the opposing party and
the JAMS, it is up to the arbitrator to determine if the case should
be decided in arbitration or if the arbitration case should be closed
and the dispute decided in small claims court
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this
Section 12 (Agreement to Arbitrate Disputes and Choice of Law)
permits the parties to litigate in court, this Agreement shall be
governed by and construed in accordance with the laws of the State of
California, excluding its conflict of law rules. You further
expressly consent and agree to submit to the exclusive jurisdiction
and venue of a court of competent jurisdiction located in the
Southern District of California.
STATUTE OF LIMITATIONS: You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of
access and/or use of the Site and/or Service must be filed within one
(1) year after such claim or cause of action arose or be forever
You acknowledge and agree that (a) we and our affiliates may at
any time (directly or indirectly) solicit traffic on terms that may
differ from those contained in this Agreement, (b) we and our
affiliates may at any time (directly or indirectly) operate sites or
applications that are similar to or compete with Your Profiles, (c)
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, and (d) any determinations or updates that may be made by
us, any actions that may be taken by us, and any approvals that may
be given by us under this Agreement can be made, taken, or given in
our sole discretion and are only effective if provided in writing by
our authorized representative.
You may not assign this Agreement, by operation of law or
otherwise, without our express prior written approval. 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.
Any information relating to us or any of our affiliates that we
provide or make accessible to you in connection with the Program that
is not known to the general public or that reasonably should be
considered to be confidential is our “Confidential Information”
and will remain our exclusive property. You will use Confidential
Information only to the extent reasonably necessary for your
performance under this Agreement and ensure that all persons or
entities who have access to Confidential Information in connection
with your participation will be made aware of and will comply with
the obligations in this provision. You will not disclose Confidential
Information to any third party (other than your affiliates bound by
confidentiality obligations) and you will take all reasonable
measures to protect the Confidential Information against any use or
disclosure that is not expressly permitted in this Agreement. This
restriction will be in addition to the terms of any confidentiality
or non-disclosure agreement between the parties.
Nothing contained in this Agreement should be understood as
granting you any rights in and to any of our trademarks, service
marks, logos, or other intellectual property owned by us or by any
No delay, failure, or default by us with constitute a breach of
this Agreement to the extent caused by acts of war, terrorism,
hurricanes, earthquakes, other acts of God or of nature, strikes
other labor disputes, riots or other acts of civil disorder,
embargoes, or other causes beyond our reasonable control, including,
without limitation, the interruption or discontinuance of services
provided by third parties (e.g. PayPal, Refersion, etc.) in
connection with the Program.
This Agreement incorporates all of the terms and conditions of the
To the extant there is a conflict between the StansOut Beauty Site’s
control. If any portion of this Agreement is found invalid or
unenforceable, that portion may be severed from the Agreement and
shall not affect the validity of the remainder of the Agreement. This
Agreement constitutes the entire agreement and understanding between
you and us in connection with the Program, superseding any prior or
contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to,
any prior versions of this Agreement).
If you have any questions, please email [email protected]
Effective date: August 26, 2018
StansOut Beauty Company LLC ("us", "we", or "our") operates the https://stansoutbeauty.com/ website (the "Service").
page informs you of our policies regarding the collection, use, and
disclosure of personal data when you use our Service and the choices you
have associated with that data.
use your data to provide and improve the Service. By using the Service,
you agree to the collection and use of information in accordance with
Conditions, accessible from https://stansoutbeauty.com/
We collect several different types of information for various purposes to provide and improve our Service to you.
using our Service, we may ask you to provide us with certain personally
identifiable information that can be used to contact or identify you
("Personal Data"). Personally identifiable information may include, but
is not limited to:
may also collect information how the Service is accessed and used
("Usage Data"). This Usage Data may include information such as your
computer's Internet Protocol address (e.g. IP address), browser type,
browser version, the pages of our Service that you visit, the time and
date of your visit, the time spent on those pages, unique device
identifiers and other diagnostic data
Tracking & Cookies Data
are files with small amount of data which may include an anonymous
unique identifier. Cookies are sent to your browser from a website and
stored on your device. Tracking technologies also used are beacons,
tags, and scripts to collect and track information and to improve and
analyze our Service.
can instruct your browser to refuse all cookies or to indicate when a
cookie is being sent. However, if you do not accept cookies, you may not
be able to use some portions of our Service.
Examples of Cookies we use:
Use of Data
StansOut Beauty Company LLC uses the collected data for various purposes:
Your information, including Personal Data, may be transferred to —
and maintained on — computers located outside of your state, province,
country or other governmental jurisdiction where the data protection
laws may differ than those from your jurisdiction.
If you are located
outside United States and choose to provide information to us, please
note that we transfer the data, including Personal Data, to United
States and process it there.
Beauty Company LLC will take all steps reasonably necessary to ensure
that your data is treated securely and in accordance with this Privacy
Policy and no transfer of your Personal Data will take place to an
organization or a country unless there are adequate controls in place
including the security of your data and other personal information.
StansOut Beauty Company LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us, but remember that no
method of transmission over the Internet, or method of electronic
storage is 100% secure. While we strive to use commercially acceptable
means to protect your Personal Data, we cannot guarantee its absolute
We may employ third party companies and individuals to facilitate our
Service ("Service Providers"), to provide the Service on our behalf, to
perform Service-related services or to assist us in analyzing how our
Service is used.
These third parties have access to your Personal
Data only to perform these tasks on our behalf and are obligated not to
disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Our Service may contain links to other sites that are not operated by
us. If you click on a third party link, you will be directed to that
of every site you visit.
We have no control over and assume no
responsibility for the content, privacy policies or practices of any
third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
do not knowingly collect personally identifiable information from
anyone under the age of 18. If you are a parent or guardian and you are
aware that your Children has provided us with Personal Data, please
contact us. If we become aware that we have collected Personal Data from
children without verification of parental consent, we take steps to
remove that information from our servers.
will let you know via email and/or a prominent notice on our Service,
prior to the change becoming effective and update the "effective date"
You are advised to review this
Policy are effective when they are posted on this page.
By email: [email protected]