Affiliate Program Terms and Policies

 These Affiliate Program Terms and Conditions (the

“Agreement”) contains the complete terms and conditions that apply to your participation as an affiliate in the Rene Furterer Affiliate Program (the “Program”). As used in this Agreement, “we,” “us” or “Rene Furterer” means Pierre Fabre USA Inc. or any of its affiliated companies, and “you,” “your” or “Affiliate” means the applicant.  The “Rene Furterer Site” means https://www.renefurtererusa.com/ or any other site operated by or on behalf of us or our affiliates that offers our products for
sale.

Please read this Agreement carefully before you participate in the Affiliate Program. 

 This Agreement contains important provisions relating to the waiver of the right to a jury trial and to bring a class action.

By submitting an application for the Program you are agreeing to be bound by this Agreement, and you are responsible for assuring that you understand each and every term of this Agreement and for complying with it at all times.

1.  OVERVIEW OF THE PROGRAM

Participation in the Program allows you to earn commissions for transactions made by purchasers referred by you, subject to the terms and conditions of this Agreement.

2.  ELIGIBILITY/APPLICATION/PARTICIPATION

The Program is open to U.S. residents who are at least 18 years of age (a) who have at least 1,000 followers on Instagram, (b) whose Instagram account is public, and (c) who have a Paypal account.

To apply for participation in the Program, you must submit the requested information in the application form.  All information provided by you on your application or otherwise communicated to us must be true, accurate and complete. You further agree to notify us of any changes to information included on your application, including your contact information. After receiving your application, we will evaluate your application and notify you of its acceptance or rejection. We reserve the right to reject any application for any reason.

3.  REFERRAL LINK

Upon acceptance into the Affiliate Program, we will provide a Referral Link to you. A “Referral Link” means the hyperlink you place on your Instagram page or any other social account page that directs your end users to the Rene Furterer Site. We will track customers who subsequently purchase products from the Rene Furterer site within thirty (30) days of clicking the Referral Link (30 day cookie window). You will be responsible for properly posting or sharing the Referral Link with any instructions we provide. We will not be liable to you with respect to any losses incurred as a result of your failure to properly integrate and/or maintain the Referral Link on your website(s).

4.  COMPLIANCE AND PROHIBITED ACTIVITIES

Whenever you publish, publicize, promote, or distribute your Referral Link, or otherwise talk about us or our products, you must comply with all applicable laws, rules, regulations, orders and ordinances, including without limitation by making requisite disclosures and otherwise complying with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guides”).

This means that you must be transparent about your relationship with us and that you must be truthful when describing our products and your experiences with them.

Specifically:

You must clearly and conspicuously and in proximity to your Referral Link put readers on notice that you earn commissions for purchases made through the Referral Link.  You need not (and should not) disclose the exact Commission structure, but you must make readers aware that receive some benefit should they purchase products through the Referral Link. Some ways to do this include:

Writing out the disclosure, such as “I’m working with Rene Furterer, and . . .”

OR

Using a commonly understood hashtag to let readers know that you are participating in an affiliate marketing program, such as #sponsored or #sponsoredlink

Note that it is not sufficient for these disclosures to live only on your profile page or in any location that is not in proximity to each message or post that includes the Referral Link

You must be truthful in how you talk about us and our products, meaning:

Any statement you make which appears to be objective and verifiable (i.e., factual) must be truthful and not

misleading; if you have questions about us or our products, ask!

Your posts should reflect your honest opinions, findings, beliefs, or experiences.

You should not describe any results or benefits of using our products that are not typical.

You may not use your Referral Link in any of the following
manners: Sending of unsolicited commercial email in violation of the

CAN-SPAM Act; Texting in violation of the Telephone Consumer Protection

Act; or Posting to non-commercial newsgroups

c.  You acknowledge and agree that all activities hereunder are subject to Rene Furterer’s  Terms of Use (link here), Rene Furterer’s Privacy Policy (link here), and Refersion’s Terms of Service (link here).

5.  COMMISSIONS AND PAYMENT

Subject to the terms of this Agreement, we will pay you a commission for each Qualifying Purchase, calculated in accordance with Section 5(b) of this Agreement (“Commission”). You may only earn a Commission with respect to activity on the Rene Furterer Site occurring directly through your Referral Link.  We reserve the right to make changes to Commission structure, and the changes will become effective immediately. You are responsible for checking this Agreement periodically for any changes.

We will pay you an agreed-upon Commission with a base amount of no less than 40% of the price paid by the customer and actually received by us, before taxes and shipping and after any other promos and discounts, on all Qualifying Purchases. A “Qualifying Purchase” occurs when (i) a customer uses your Referral Link to access the Rene Furterer Site; (ii) makes a purchase on the Rene Furterer Site within thirty (30) days of first accessing it through your Referral Link; and (ii) the customer’s payment is successfully processed.

From time to time we may offer increased Commission rates for particular periods of time, which will be communicated to you.

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, including but not limited to, those referenced in Section 4(c) above; (b) they occur after termination of your Agreement; (c) an order is cancelled, returned, or refunded; (d) the purchase is by a customer who was referred to the Rene Furterer Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Rene Furterer” or any of our other trademarks (or variations or misspellings of any of those words); (e) the purchase is by a customer who is referred to the Rene Furterer 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); or (f) the purchase is by a customer who

is referred to the Rene Furterer Site by a link that sends users indirectly to the Rene

Furterer Site via an intermediate site, without requiring the customer to click

on a link or take some other affirmative action on that intermediate site.

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 (meaning the Qualifying Purchase has been fully processed and funds have been received by us). 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.

6.  INTELLECTUAL PROPERTY LICENSES

Subject to the terms and conditions herein, we hereby grant

you a limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to use our logos, names, trade names, domain names, trademarks and
similar identifying material (collectively, the “Rene Furterer Marks”) for the
term of this Agreement and solely for the purpose of attempting to generate
Qualifying Purchases as described hereunder. Any use of the Rene Furterer Marks
must comply with all guidelines, standards and policies provided by us. You
agree not to modify, alter or change the Rene Furterer Marks in any way. You
further agree that you will not form any combination marks with Rene Furterer
Marks, or adopt, use or attempt to register any trademarks, service marks or
trade names that are confusingly similar to Rene Furterer Marks.  Unless earlier revoked by us, this license

terminates upon the effective date of the termination of this Agreement.  Upon termination of this Agreement, you shall
immediately cease to use any Rene Furterer Marks, information, and promotional
materials for any purpose related to this Program.

Subject to the terms of this Agreement, you hereby grant us
a royalty-free, non-exclusive, non-transferable, non-sublicensable license
during the term of this Agreement to use your trademarks, logos, names, trade
names, domain names, or similar identifying items (“Your Marks”) to perform
activities and obligations contemplated under this Agreement. We acknowledge
your sole and exclusive ownership of Your Marks and agree not to take any
action inconsistent with such ownership. Upon termination of this Agreement, we
will immediately cease to use any of Your Marks, information, and promotional
materials for any purpose related to this Program.

7.  CONFIDENTIALITY

“Confidential Information” shall include any and all

information associated with a party’s business and not
publicly known, including but not limited to information concerning the

party’s proprietary business procedures, products, services, operations, as well

as specific business and financial information, customer lists, pricing

and service information, technical processes and formulas, software, customer data,

product designs, business plans, marketing data and any other information

provided or made available to the other party during the consideration or

performance of this Agreement, whether or not such information is labeled or

marked as confidential by such party. Confidential Information shall not include

any information that the receiving party can prove: (i) was already in the public

domain, other than as a result of a breach of this Agreement; (ii) was already

in possession of the receiving party at the time of disclosure of such

information; or (iii) was independently developed by the receiving party without use

of or reference to the other party’s Confidential Information.

Each party and its respective affiliates, directors,

officers, employees and agents will keep all Confidential
Information of the

disclosing party confidential. Each party further agrees
that it will take all

reasonable steps, at least equivalent to the steps to
protect its own

proprietary information, to prevent the use, duplication, or
disclosure of the

other party’s Confidential Information. Each party agrees to
use the other

party’s Confidential Information solely as necessary to
perform its obligations

under this Agreement and shall restrict disclosure or access
to the

Confidential Information to only those employees or agents
who are directly

involved in negotiating or performing obligations under this
Agreement. Such

employees or agents will be subject to confidentiality
provisions at least as

stringent as the provisions contained herein.

Notwithstanding the foregoing, a party may disclose

Confidential Information of the other party as required by
law, regulation or

order of any court of proper jurisdiction over the parties,
provided that: (i)

the receiving party shall give the disclosing party prompt
written notice of

such required disclosure (if legally permissible); (ii) use
commercially

reasonable efforts to cooperate with the disclosing party
seek confidential treatment

of any information that it is required to disclose; and
(iii) only disclose

such portion of the Confidential Information that is legally
required (in the

opinion of counsel).

Upon discovery of any suspected or actual unauthorized

access, use or disclosure of Confidential Information, the
receiving party

will: (i) promptly notify the disclosing party of the
security breach; and (ii)

take all reasonable steps (at its own expense) necessary to
prevent further

unauthorized access, mitigate the effects of the security
breach and/or regain

possession of the Confidential Information.

Upon termination of this Agreement, the receiving party will

promptly return to the disclosing or destroy all
Confidential Information (and

any copies, extracts, or summaries thereof). The provision
of this Section

(Confidentiality) shall survive termination of this
Agreement.

Both parties agree that in the event of a breach of this

Section (Confidentiality) by a receiving party, the
disclosing party may not

have an adequate remedy solely in money damages and any such
breach may cause

irreparable harm. In the event of such breach, each party
agrees that the other

party shall be entitled, without the requirement of posting
a bond or other

security, to equitable relief, including an injunction or
specific performance.

8.  PRIVACY

Any personally identifiable information we receive from you

in connection with the Program will be governed by our
Privacy Policy, which is

posted on our website (and a link to it is in Section 4(c)
above).  You hereby affirm that you have
read and

accept the terms of our Privacy Policy, as it may be amended
from time to time.

If you collect personally identifiable information (as the

term is defined by applicable law) from users of your site
or your services (“Personal

Information”), you must post a Privacy Policy or a link
thereto on the homepage

of any website in which such information is collected about
or from users or

consumers. You agree that you will be solely responsible for
any claims arising

out of or related to your collection, use or disclosure of
any Personal

Information from any user, including without limitation any
customer referred

by you.  In no event
will we provide you

with Personal Information of any individual or customer,
regardless of whether

such individual or customer was referred by you.

9.  TAXES

You are responsible for the payment of all taxes related to

the Commissions you receive pursuant to this Agreement. In
compliance with U.S.

tax laws, we will issue a Form 1099 to you if the amount of
your calendar-year

earnings resulting from Commissions meets or exceeds the
applicable threshold.

Prior to the payment of any Commissions earned pursuant to
this Agreement, you must

provide a completed W-9 form.

10.  TERM AND
TERMINATION

The term of this Agreement will begin upon our acceptance of
your application and will end when terminated by either you or us. Either party
may terminate this Agreement at any time, with or without cause, by giving the
other party written notice of termination. Upon termination of this Agreement,
any and all licenses granted hereunder shall terminate immediately. You shall

immediately stop using the Referral Link and all Rene
Furterer Marks together with any other materials provided or made available to
you under this Agreement. All rights to payment, causes of action and any
provisions that by their terms are intended to survive termination, shall
survive termination of this Agreement. We will not pay any Commissions for any
Qualifying Purchases occurring after the effective date of termination.

11.  RELATIONSHIP OF
THE PARTIES

Our relationship shall be and shall at all times remain that
of independent contractors. Nothing in this Agreement constitutes a

relationship of employer and employee, principal and agent,
partnership or joint venture between the parties and neither party shall be
authorized to assume or create or attempt to assume or create, directly or
indirectly, any obligation on behalf of, or in the name of the other party.

12.  MODIFICATION

We reserve the right, in our sole discretion, to change the
terms of this Agreement at any time. If we make any material changes to this
Agreement, we will notify you by posting a revised agreement or a notice of
changes on our website. The most current version of the Agreement will
supersede all previous versions. Any changes to this Agreement will become
effective immediately. Your continued participation in the Program constitutes
your acceptance of such changes. We encourage you to review the Agreement

periodically to stay informed about updates and changes. If
you object to any changes in the Agreement, your sole and exclusive remedy will
be to cease participation in the Program.

13.  LIMITATION OF
LIABILITY

RENE FURTERER’S TOTAL AGGREGATE LIABILITY FOR DAMAGES OF ANY
KIND FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE COMMISSIONS PAYABLE TO
YOU BY US HEREUNDER IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO
THE CLAIM. IN NO EVENT SHALL RENE FURTERER, ITS SUPPLIERS, OR LICENSORS OR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE
LIABLE TO YOU OR TO ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR FOR ANY LOSS
OF REVENUE, PROFITS OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

14.  DISCLAIMER

THE PROGRAM, THE RENE FURTERER SITE, AND ANY PRODUCTS OR
SERVICES OFFERED BY RENE FURTERER TOGETHER WITH ANY SPECIAL LINKS OR
OPERATIONAL DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY US IN CONNECTION
WITH THE PROGRAM IS PROVIDED “AS IS.” IN ADDITION, WE MAKE NO EXPRESS OR
IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY
SERVICES OFFERED THROUGH THE PROGRAM (INCLUDING WITHOUT LIMITATION WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR
IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING, PERFORMANCE, OR TRADE
USAGE) AND SUCH WARRANTIES AND REPRESENTATIONS ARE FULLY DISCLAIMED TO THE
EXTENT PERMITTED BY LAW. MOREOVER, WE MAKE NO REPRESENTATION THAT THE OPERATION
OF OUR SITE WILL BE UNINTERRUPTED

OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES
OF ANY SUCH INTERRUPTIONS OR ERRORS.

15.  INDEMNIFICATION

You will indemnify, defend, and hold harmless Rene Furterer,
its affiliates, and their respective officers, directors, employees,

representatives and agents (“Rene Furterer Indemnified
Parties”), from and against any and all costs, liabilities, losses, and
expenses (including reasonable outside attorneys’ fees) resulting from any
claim, suit, action, governmental claim or action, or other proceeding brought
against any of the Rene Furterer Indemnified Parties by any third party based
on or arising from: (i) any actual or alleged breach of any of the terms of
this Agreement or any covenant, obligation, representation or warranty made by
you; (ii) the content and/or activities of your website (including any
allegation that such content infringes upon a third-party’s proprietary
rights); or (iii) the provision of services in violation of or in breach of any
applicable law or agreement with any third party; or (iv) the acceptance of
Commissions in violation of any law or industry-specific regulation.

16.  ASSIGNMENT

Rene Furterer may assign this Agreement at any time. You may
not

assign any right or any obligation under this Agreement
without the prior

written consent of Rene Furterer, which shall not be
unreasonably withheld.  Subject to the
foregoing, this Agreement will

be binding upon and shall inure to the benefit of the
successors and permitted

assigns of the parties.

17.  NON-EXCLUSIVE

You understand and agree that we may at any time enter into

agreements with affiliates and other marketing partners on
the same or

different terms as those provided to you under this
Agreement and that such

affiliates or marketing partners may be similar or
competitive to you.

18.  NOTICES

All notices required or permitted under this Agreement must

be in writing and shall be sent by email (with delivery
receipt requested), or

by nationally recognized overnight delivery service. Notice
is deemed

effectively given: (i) upon transmission, when transmitted
by email, unless

notification of undelivered message or similar is received;
or (ii) upon

delivery, when sent by overnight delivery service. Any such
notice shall be

sent to:

Rene Furterer:

Thomas Guttridge

8 Campus Drive, 2nd Floor

Parsippany, NJ 07054

[email protected]

You: To the email or address specified by you when you

registered for the Program.

19.  MISCELLANEOUS

If any provision of this Agreement is prohibited, invalid or

unenforceable in any jurisdiction, that provision will, as
to that

jurisdiction, be ineffective to the extent of the
prohibition, invalidity or unenforceability

without invalidating the remaining provisions of this
Agreement or affecting

the validity or enforceability of that provision in any
other jurisdiction.

The waiver by either Party of any default or breach of this

Agreement shall not constitute a waiver of any other
subsequent default or

breach.

This Agreement and all matters arising out of or relating to

this Agreement shall be governed by the laws of the State of
New Jersey,

without regard to any conflict of law provisions, with
exclusive jurisdiction

in the federal courts located in the State of New Jersey and
the state courts

located in Morris County, NJ.  Each party

hereby irrevocably submits to the exclusive jurisdiction of
such courts in any

such suit, action or proceeding.

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 actions, private attorney general actions, and
consolidation with other cases

are not allowed.

WAIVER OF JURY TRIAL: YOU AND WE

WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the
dispute be resolved

by a judge.

The headings in this Agreement are for the convenience of

reference only and have no legal effect. This Agreement
contains the entire

agreement between the parties in relation to this subject
matter and supersedes

all prior and contemporaneous negotiations, promises,
covenants, agreements,

representations, arrangements, undertakings and
understandings relating to the

subject matter hereof.