Last modified: August 13, 2020

1. General

These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by INCELLDERM USA Inc. ("myINCELLDERM", "the Company", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between myINCELLDERM and the individual or entity who participates in the Affiliate Program (the "Affiliate", "Beauty Planner" or "you").

Please read this agreement carefully as it represents a legally binding agreement between you and myINCELLDERM. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. myINCELLDERM may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that myINCELLDERM believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

2. Beauty Planner

All Affiliates are collectively referred to as Beauty Planners. This is because in addition to marketing and selling products on myINCELLDERM. Beauty Planners are also encouraged to guide their referred customers on how to use the products effectively for maximized benefits, answer questions that their referred customers may have about the products, and coach their referrals who opt into the affiliate program. You are not required to purchase products or business materials to become a Beauty Planner.

Beauty Planner warrants and represents that he or she is over the age of 18 and is qualified to become and operate as a Beauty Planner.

Beauty Planner may not sign up or operate an account under a false name, such as a spouse, offspring, relative or any third party. Beauty Planner is prohibited from claiming ownership of the false account. When myINCELLDERM becomes aware of any false accounts, the account will be suspended, and the Company will withhold compensation. myINCELLDERM shall determine and notify the Affiliate of the appropriate sanctions against such violations, including the suspension or termination of Beauty Planner status and Beauty Planner account. Such decisions for sanctions shall be made at the Company’s discretion.

myINCELLDERM offers a training lecture (“Mandatory Power Manager Training”) once a month. After becoming a Power Manager, Beauty Planner must attend Mandatory Power Manager Training within two months. Also, Affiliate must attend Mandatory Power Manager Training every 2 months to maintain rank and commission plan as a Power Manager. Only Power Managers who have attended Mandatory Power Manager Training will be eligible for promotion to Sr. Power Manager. Sr. Power Manager must attend Mandatory Power Manager Training each and every month, and failure to do so will result in the month’s bonus payout being withheld by the Company. Managers must register for Mandatory Power Manager Training for attendance to qualify.

3. Beauty Planner Ranks and Commission Plan

There are four ranks of Beauty Planners and each rank is paid by differing commission rules.

Sales Planner

  • Based on the total sales generated between the first and last day of the month, the Affiliate will receive base commissions of 5% on the first $500, 6% on the next $500, 7% on the next $500, 8% on the next $500, 9% on the next $500, and 10% on all sales thereafter.
  • Rates are reset to 5% on the 1st of every month.
  • Referred orders by Sales Managers, Power Managers, or Sr. Power Managers do not generate commissions for Sales Planners
  • However, if a referred affiliate makes a purchase that promotes him or her to a Manager rank, the referring Sales Planner will receive base commission from that purchase only
  • Sales Planners do not receive commissions from their personal purchases

Sales Manager

  • An Affiliate becomes eligible for promotion to Sales Manager by fulfilling either of the following requirements:
    • Within the last 3 calendar months, total personal purchase amount is at least $3000,  or
    • Within the last 3 calendar months, total personal purchase amount + total sales generated is at least $10,000
  • Based on the total sales generated between the first and last day of the month, the Affiliate will receive Lifetime Commissions consisting of:
    • 5% Base Commission on all sales generated
    • 5% Performer's Bonus for referred orders by customers and Sales Planners
  • Referred orders by Power Managers or Sr. Power Managers do not generate commissions for Sales Managers
  • Sales Managers receive the following rates on their personal purchases:
    • 11% of order that qualifies Affiliate for promotion
    • Starting the next day: 15% of every order

Power Manager

  • An Affiliate becomes eligible for promotion to Power Manager by fulfilling either of the following requirements:
    • Within the last 3 calendar months, total personal purchase amount is at least $6000,  or
    • Within the last 3 calendar months, total personal purchase amount + total sales generated is at least $20,000
  • Based on the total sales generated between the first and last day of the month, the Affiliate will receive Lifetime Commissions consisting of:
    • 5% Base Commission on all sales generated
    • 9% Performer's Bonus for referred orders by customers and Sales Planners
    • 3% Performer's Bonus for referred orders by Sales Managers
  • Referred orders by Sr. Power Managers do not generate commissions for Power Managers.
  • Power Managers receive the following rates on their personal purchases:
    • 20% of order that qualifies Affiliate for promotion
    • Starting the next day: 29% of every order

Sr. Power Manager

  • An Affiliate becomes eligible for promotion to Sr. Power Manager by fulfilling both of the following requirements after promotion to Power Manager:
    • Within the last 3 calendar months, total personal purchase amount + total sales generated is at least $30,000
    • At least 4 referred affiliates have promoted to Power Manager rank
  • Based on the total sales generated between the first and last day of the month, the Affiliate will receive Lifetime Commissions consisting of:
    • 5% Base Commission on all sales generated
    • 10% Performer's Bonus for referred orders by customers and Sales Planners
    • 3% Performer's Bonus for referred orders by Sales Managers
  • Sr. Power Managers receive 29% of every personal purchase
  • Sr. Power Managers who make a personal purchase of at least $200 during a calendar month are eligible to receive a Team Bonus, which is 30% of their referred affiliates' base commissions.
    • If the Sr. Power Manager does not make any personal purchases during a month, the Affiliate forfeits the Team Bonus for that month.
    • Base commissions of referred affiliates who promoted to Sr. Power Manager sooner than the referrer are not included in the Team Bonus.

Sales Managers, Power Managers, and Sr. Power Managers (collectively called "Managers") are eligible for Referral Bonuses. For each referred Sales Planner who promotes to any Manager rank, the referrer is awarded a one-time Referral Bonus of $150.

For every Beauty Planner rank, all commission rates are applied to the order subtotal, excluding tax and shipping. Purchases of Try Me Kit and mini-sized, promotional, or special items will not generate commissions.

When Beauty Planners return their personal purchases, the Company will refund ninety percent (90%) of the purchase price after deducting ten percent (10%) restocking fee, plus applicable taxes, less applicable bonuses.

To receive compensation, you must adhere to all Terms and Conditions designated by myINCELLDERM. The Commission Plan may be changed by the Company at any time with a 30-day notice.

4. Referral Tracking

myINCELLDERM will provide Beauty Planner with specific Referral Links to link advertisements and other marketing content to myINCELLDERM. myINCELLDERM will track users who have visited these Referral Links using cookies which expire after 365 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.

The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. myINCELLDERM is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

5. Affiliate Fees and Payouts

A referral will become eligible for payout ("Eligible Referral") if it meets all of these criteria:

  • The referral makes a purchase and has paid in full.
  • The referral's account remains active and in good standing.
  • The referral's account has not had any of its payments refunded, charged back or otherwise reversed.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default myINCELLDERM error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:

  • Links to additional products offered by myINCELLDERM.
  • Advertisements for products and services offered by third-parties.
  • An internet search engine interface.

Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.

Once a referral successfully generates a commission, all of the Eligible Referral’s repeat purchases will continue to generate commissions for the Beauty Planner. Base commissions generated by each active Eligible Referral is automatically recorded and additional commissions and bonuses are manually recorded every week in the Affiliate Dashboard ("Affiliate Fee").

Affiliate Fees generated between the first and last day of the month will be payable on the 15th of the following calendar month only when the Affiliate has at least $30 in pending payout. If the pending payout total is less than $30, payout will be withheld and paid on the 15th of the month after the total becomes $30 or more.

Beauty Planners must submit proper tax documentation by email to info@myincellderm.com before Affiliate Fees become payable:

All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by myINCELLDERM in its sole discretion. Payment will be made either by check or electronically via PayPal. Beauty Planner is responsible for providing myINCELLDERM with the full and accurate details that are required to remit the Affiliate Fees and is solely responsible for any delays in payment resulting from its failure to do so.

Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 6 calendar months of inactivity.

When Beauty Planners return their personal purchases, the Company will refund ninety percent (90%) of the purchase price after deducting ten percent (10%) restocking fee, plus applicable taxes, less applicable bonuses.

In the event of any activity deemed suspicious by myINCELLDERM, myINCELLDERM may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. myINCELLDERM reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.

5. Taxes

Affiliates are solely responsible for all income taxes from income earned as a Beauty Planner. At the end of each calendar year, myINCELLDERM will provide a Statement of Earnings Form 1099 to each Beauty Planner with an annual income at or over the minimum required to be reported to the United States Internal Revenue Service. Any contest, incentive or prize items may be included in the Form 1099. To the extent required by law, the Company will send notification of Product purchases and commissions to relevant tax authorities.

myINCELLDERM will charge sales tax on the suggested retail price regardless of how the order was placed, according to the tax rates applicable to the state to which Products are shipped by myINCELLDERM, unless a Sales Tax Exemption certificate and a Resale Tax Number has been submitted. Beauty Planners are not exempt from taxes when Products are sold to tax exempt customers.

6. Advertisements

You must always identify yourself as a myINCELLDERM Beauty Planner. You should not use the Company’s name “myINCELLDERM” or "INCELLDERM" in any of your communication or promotions. You may add your current Beauty Planner rank instead. 

myINCELLDERM hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the myINCELLDERM logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.

The Affiliate may only display advertisements that contain myINCELLDERM's logos or service marks in good taste. The Affiliate may not use myINCELLDERM's logos or service marks in a manner that, in myINCELLDERM's sole discretion, portrays myINCELLDERM in a negative light.

The Affiliate must use only approved product claims and earning statements from brochures, training materials or current INCELLDERM advertisements. You may not use any unauthorized Product or earnings claims. This applies to all offline and online advertising and marketing, including social media and social networking channels.

The Affiliate may not make medical claims, or state or imply that any Product is formulated, designed or approved by the Company or any regulatory authority to treat any disease or medical condition. These misrepresentations imply that the Products are medical drugs rather than cosmetics. The Affiliate also may not compare products to medicine or make any other medical claims. Such misrepresentations, false claims, may result in your own liabilities.

Only those pictures and videos that have been approved by the Company may be used to demonstrate Product benefits.

The Affiliate may not modify and packaging, labels, literature or instructions for use for any products. The Affiliate may not give instructions to use a product in any way not described in the Company's currently approved literature. Any such modifications or instructions by you may result in your personal liability.

The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

myINCELLDERM may, without prior notice, require the Affiliate to remove or modify any advertisements in myINCELLDERM's sole discretion.

7. Transfer and Termination

The Affiliate is prohibited from transferring his or her Beauty Planner account or any rights therein, except for transferring upon death.

Upon an Affiliate’s death, the Beauty Planner account may be passed on to his/her heirs, or other beneficiaries whether by will, intestate succession, or otherwise. The transfer will be recognized by myINCELLDERM when a court order or proper legal document addressing the transfer to a qualified transferee is submitted to the Company.

Upon a Beauty Planner’s divorce, myINCELLDERM will neither determine the division of the Beauty Planner account. Generally, myINCELLDERM will not divide compensations or other rewards. myINCELLDERM may, however, in its discretion, divide the compensations on a simple, fixed percentage basis, pursuant to a court order or the written consent of both parties. If myINCELLDERM agrees to divide compensations on a simple, fixed percentage basis, the parties to the Beauty Planner account agree to release myINCELLDERM of any liabilities, losses, costs, damages, judgments, or expenses, including reasonable attorney's fees, resulting or arising from, directly or indirectly, any acts of omissions by myINCELLDERM in dividing the compensations.

The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.

myINCELLDERM reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that myINCELLDERM, in its sole discretion, deems to be harmful to its business or any third party.

Beauty Planners are prohibited from setting a retail price of the products that are higher or lower than that of the retail price set by the Company and issuing kickback discounts. Kickback discounts in the form of products or cash are prohibited. If you do not comply with such policies, the following sequence of penalties will occur:

  • For the first violation, a warning will be issued;
  • for the second violation, your bonus rate will be reduced by thirty percent (30%) for three months starting on the following pay date from the day that the Company issued the penalty; and
  • for the third violation, your Beauty Planner account will be terminated, and your reapplication will not be approved by the Company. Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.

8. Relationship of Parties

All Beauty Planners are classified as Independent Contractors. Beauty Planners are not classified as merchants, joint venture partners, business partners, employees, or agents. Stating or implying as such is strictly prohibited. You hold no authority to represent or act as an agent on behalf of myINCELLDERM, and myINCELLDERM is not legally responsible for you. You are responsible for your own business decisions and should determine your business activities and the time invested. myINCELLDERM compensates you based on your sales and not on the time invested for business activities. You take full responsibility for your own potential risk and losses resulting from your business activity. Beauty Planners shall be responsible for the expenses incurred from meetings, entertainment, office rentals, operations, labor, legal counsel, equipment, accounting and other business-related activities.

Beauty Planners have no authority to act on behalf of myINCELLDERM. This includes, but is not limited to, any attempt to:

  • Register or reserve Company names, trademarks, trade names or Products;
  • register URLs using the Company names, trademarks or trade names;
  • register or secure approval for Products or business practices; or
  • establish business or governmental contacts of any kind on myINCELLDERM’s behalf.

Beauty Planners must indemnify myINCELLDERM for all costs and attorneys’ fees incurred by the Company for any remedial action needed to exonerate the Company in the event that you improperly act on behalf of the Company. You must immediately assign to the Company any registration of Company names, trademarks, trade names, products, or URLs registered or reserved in violation of this Section without the Company’s reimbursement of any costs you incurred. You may use "myINCELLDERM" or “INCELLDERM” for titles within website blogs, only if the page clearly discloses that you are a myINCELLDERM Beauty Planner.

9. Limitation of Liability

The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. myINCELLDERM makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program. myINCELLDERM is not responsible for any damages, injury or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

The Affiliate will indemnify and hold harmless myINCELLDERM, its directors, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.

10. Modification

myINCELLDERM may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://www.myincellderm.com/pages/affiliate-program-terms-and-conditions. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.

If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.

11. Business Ethics

General Ethics

  • You must comply with the Terms and Conditions and applicable law;
  • you must operate your Beauty Planner account honestly;
  • to prospective Customers and Affiliates, you should identify yourself, why you have contacted them, and what products you are selling;
  • you must not make false or misleading claims about potential earnings under the Commission Plan or about the benefits of using the products;
  • you should not pressure any current or prospective Affiliates and Customers in a financially irresponsible way, including, but not limited to, pressuring them to buy more products or business support materials;
  • you must explain how to return or cancel orders;
  • you must not represent to prospective Affiliates that they are required to purchase products to become Affiliates; and
  • you must not conduct monetary exchanges with other Beauty Planners.

Non-Disparagement

Beauty Planners may not make any misleading, unfair, inaccurate, or disparaging comparisons, claims, representations, or statements about myINCELLDERM, its products, other persons, other companies (including competitors) or other companies' products, services or commercial activities.

Losses and Damages Due to Your Actions

Beauty Planners must not present themselves as merchants, joint venture partners, business partners, employees, agents or representatives. Beauty Planners who cause the Company to incur losses for misrepresenting themselves as such will be responsible for paying those losses including legal and attorneys’ fees. myINCELLDERM will withhold the Beauty Planners’ compensation. Moreover, you must immediately turn over the rights of the Company, including the Company name, trademark and Product name.

Non-exclusivity

You are prohibited to inform or imply that you hold an exclusive marketing and sales right to an area or type of consumers. There is no area of exclusivity in marketing the business.

Communication Restriction

Your communications regarding your business activities must be limited to myINCELLDERM and its employees. You are prohibited from contacting Company partners, vendors, advisors or hired experts without explicit written consent from myINCELLDERM.

Maintaining the Company's Reputation

You will not act in any way, including your actions outside the scope of your Beauty Planner account, that may be considered detrimental to the reputation of myINCELLDERM or its Affiliates. myINCELLDERM maintains discretion on determining which actions are considered detrimental and the appropriate actions against you.

12. Miscellaneous

The Affiliate warrants and represents that his or her actions and participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. myINCELLDERM reserves the right to terminate the Affiliate's participation in the Affiliate Program if myINCELLDERM determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.

This Affiliate Agreement constitutes the entire understanding between myINCELLDERM and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of Arlington County, Virginia, USA.

 

By joining the program, you acknowledge that you have read these terms and conditions, understand, and agree with them.
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(If you are logged into your myINCELLDERM account, clicking the link will automatically create a Beauty Planner account)