Affiliate Terms and Conditions

Fire Horse Ventures LLC dba GlamSlam! USA Terms and Conditions for Publishers

These Fire Horse Ventures LLC dba GlamSlam! USA Terms and Conditions for Publishers (collectively referred to as the "Agreement") are by and between you and Fire Horse Ventures LLC dba GlamSlam! USA dba GlamSlam! Usa and apply to your participation in the Program as administered through Fire Horse Ventures LLC dba GlamSlam! USA. This Agreement is effective as of the date Fire Horse Ventures LLC dba GlamSlam! USA accepts your application into the Program and sets forth the terms and conditions governing the establishment of Links from your Properties to certain Fire Horse Ventures LLC dba GlamSlam! USA Authorized Properties as further described below.

THIS IS A LEGALLY BINDING AGREEMENT. BY COMPLETING AND SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

"Fire Horse Ventures LLC dba GlamSlam! USA Developer Content" means the file of data (including but not limited to a copy of Fire Horse Ventures LLC dba GlamSlam! USA's product catalog, certain copy, images, brand features, and other features) that Fire Horse Ventures LLC dba GlamSlam! USA provides to you (which is taken from and is also available through Fire Horse Ventures Developer Platform as modified from time to time) for the purpose of making the data available to you in connection with the Program subject to the terms and conditions of this Agreement..

"Fire Horse Ventures LLC dba GlamSlam! USA", "we", "us", or "our" means Fire Horse Ventures LLC dba GlamSlam! USA or any of its parents, subsidiaries, affiliates and entities owned or under common control, as applicable.

"Fire Horse Ventures LLC dba GlamSlam! USA Authorized Properties" means the Fire Horse Ventures LLC dba GlamSlam! USA Properties that Fire Horse Ventures LLC dba GlamSlam! USA in its sole discretion determines to be eligible for the Program as communicated to you bye Fire Horse Ventures LLC dba GlamSlam! USA.

"Fire Horse Ventures LLC dba GlamSlam! USA Offers" means Fire Horse Ventures LLC dba GlamSlam! USA offers, deals, coupons and promotions that Fire Horse Ventures LLC dba GlamSlam! USA has expressly authorized you to promote on your Properties and that Fire Horse Ventures LLC dba GlamSlam! USA has provided to you.

"Fire Horse Ventures LLC dba GlamSlam! USA Properties", a "Fire Horse Ventures LLC dba GlamSlam! USA Property", or "our Properties" means Fire Horse Ventures LLC dba GlamSlam! USA's connected properties, including mobile websites and applications. Such properties may include but are not limited to, www.glamslamusa.com, and any other additional, successor, or replacement Fire Horse Ventures LLC dba GlamSlam! USA properties agreed upon by Fire Horse Ventures LLC dba GlamSlam! USA in writing.

"Customers" are persons or entities (other than Publisher or the Publisher's agent) that are not robots, automated programming, or similar technology that enables clicks through certain links.

"Deductions" are the amounts we deduct from Monthly Net Sales. This includes, but is not limited to, the amounts we collect for sales, use, excise, or similar taxes; duties; shipping, handling, and similar charges; amounts due to credit card fraud and bad debt; credits for canceled orders, refunds, and returned goods.

"Eligible Product(s)" means the list of Fire Horse Ventures LLC dba GlamSlam! USA products that Fire Horse Ventures LLC dba GlamSlam! USA has approved for commission payments under this Agreement, which you may obtain through the Publisher Dashboard.

"Information"means Fire Horse Ventures LLC dba GlamSlam! USA Program customer information and Program business and sales information related to us, you, or our suppliers, including, without limitation, information relating to sale pricing, promotions and weekly specials.

"Licensed Materials" means the Fire Horse Ventures LLC dba GlamSlam! USA and GlamSlam USA!  trademark and logo and similar identifying material relating to us, but only in the forms that we provide to you.

"Links" or "Link" means the graphic and textual links that Fire Horse Ventures LLC dba GlamSlam! USA makes available to you.

"Monthly Net Sales" means for each calendar month during the term of this Agreement, the aggregate amount actually paid by Customers to Fire Horse Ventures LLC dba GlamSlam! USA for Qualifying Purchases, less Deductions.

"Product Category" or "Product Categories" means the applicable product category for each Eligible Product as set forth in the Fire Horse Ventures LLC dba GlamSlam! USA Publisher Dashboard. Fire Horse Ventures LLC dba GlamSlam! USA may determine in its sole discretion which Product Category is applicable to the Eligible Products.

"Program" or "the Program" means Fire Horse Ventures LLC dba GlamSlam! USA's affiliate marketing program.

"Publisher", "you" or "your" means the person or entity that is enrolled in and accepted by Fire Horse Ventures LLC dba GlamSlam! USA as a participant in the Program and bound by the terms of this Agreement.

"Publisher Properties" or "your Properties" means your website or other presence (including, without limitation, mobile applications, e-mail marketing, forums, apps, social media sites video, and software) owned, operated, used, or distributed by and preapproved by Fire Horse Ventures LLC dba GlamSlam! USA to link to one or more Fire Horse Ventures LLC dba GlamSlam! USA Authorized Properties.

"Qualifying Link" means an Internet connection between any of your Properties and a Fire Horse Ventures LLC dba GlamSlam! USA Authorized Property that is provided or authorized by Fire Horse Ventures LLC dba GlamSlam! USA to be displayed, distributed or placed by you pursuant to this Agreement in a manner that drives completion of Qualifying Purchases.

"Qualifying Purchase" means a completed sale of an Eligible Product to a Customer through a Qualifying Link on a Publisher Property in accordance with the criteria specified in Section 5 of this Agreement.

"Reconciliation Period" means, in the case of termination of this Agreement, the ninety (90) day period following the end of the calendar month in which the Agreement was terminated.

"Return Days" means the permitted latency period for purposes of defining a Session, which is set forth in the terms and conditions.

"Session" means the time period that begins when a Customer clicks a Qualifying Link and continues until the earlier of: 1) the time that the Customer, after having exited a Fire Horse Ventures LLC dba GlamSlam! USA Property, returns to a Fire Horse Ventures LLC dba GlamSlam! USA Property using a Qualifying Link other than the original Qualifying Link or a Link from a third-party publisher's website or property that is not your Qualifying Link; 2) the permitted latency period (Return Days) has expired or lapsed; or 3) the expiration or termination of your participation in the Program.

"Social Communities" means social media or social networking tools, including but not limited to Facebook and Twitter.

"Term" means the term of this Agreement which will begin upon our acceptance of your Program application and will end when terminated by either party as permitted hereunder.

1. Enrollment

a. To begin the enrollment process, you must submit a complete Program application via the website. We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your Properties are unsuitable for the Program for any or no reason, including, but not limited to, inclusion of content or links to such material that is in any way unlawful, harmful, threatening, harassing, defamatory, obscene, violent or that:

·         promotes or depicts violence (e.g., murder, selling weapons, cruelty, abuse, etc.);

·         promotes pornographic or sexually explicit materials;

·         promotes discrimination based on gender, race, religion, nationality, disability, sexual orientation or age;

·         promotes or offers peer-to-peer file sharing methodologies that may allow consumers to infringe the intellectual property rights of others;

·         violates copyrights, trademarks, or any other intellectual property rights of Fire Horse Ventures LLC dba GlamSlam! USA, its parents, subsidiaries, or affiliates or any other person or entity;

·         displays or contains spyware, malware, viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines; or

·         includes "Fire Horse Ventures LLC dba GlamSlam! USA" or any variations or misspellings thereof in the domain name or other HTML tags, including page titles, metatags, or HTML comment tags

·         Are under construction or not live at the time of application;

·         Are non-US based or are websites that primarily target a non-US based audience;

·         Promote the use of pyramid, "ponzi", or similar investment schemes;

·         Are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws and regulations); or 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 applicable governmental authority related to child protection (for example, if applicable, the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children’s Online Protection Act).

b. Employees of Fire Horse Ventures LLC dba GlamSlam! USA or any service provider or agency doing business with us and receiving compensation based on share of revenue or "cost per click" or similar type arrangement relating to sales, advertising or search engine results on the Internet, and each of their respective subsidiaries and affiliates (all hereinafter referred to as a "Related Party") and the immediate family members of such employees are not allowed to participate in the Program. Employees of Fire Horse Ventures LLC dba GlamSlam! USA or entities directly or indirectly controlled by employees of Fire Horse Ventures LLC dba GlamSlam! USA or its subsidiaries are not allowed to participate in the Program. Employees of any product or service vendor or supplier doing business with us and not described above may participate in the Program provided they adhere to any rules of such vendor or supplier as applicable concerning participation in such Programs.

If we reject your initial application, you may reapply by modifying or resubmitting a new application for review and acceptance into the Program.

2. Promotion of Affiliation

a. We will make available to you, as a Publisher in the Program, a variety of Links and Licensed Materials which, subject to the terms and conditions of this Agreement, you may display as often and in as many areas on your Properties as you desire. The Links and Licensed Materials will serve to identify one or more of your Properties as a member of our Program and will establish a link from your Properties to certain Fire Horse Ventures LLC dba GlamSlam! USA Properties.

b. In utilizing the Links and Licensed Materials, you will cooperate fully with us in order to establish and maintain the Links and Licensed Materials. You will not alter Links (or their content) or Licensed Materials in any way unless we provide this option through Fire Horse Ventures LLC dba GlamSlam! USA. You will display in your Properties only those graphic or textual images (indicating a Link) and Licensed Materials that are provided by us, and you will immediately substitute such images with any new images that we provide from time to time throughout the term of this Agreement. Each Link connecting your Properties to the pertinent area of our Properties will in no way alter the look, feel or functionality of our Properties.

c. You will comply with our requirements for removing Links and Licensed Materials on a timely basis. Any Links or Licensed Materials that promote deals or prices with an expiration date or that are time sensitive must be removed from your Properties upon expiration of the promotion or time period. We are not required to pay you any commission for sales made via a Link referencing an expired promotion or other deal. Failure to remove expired Links or Licensed Materials may lead to your termination as a Publisher in our sole discretion.

d. You may promote only those Fire Horse Ventures LLC dba GlamSlam! USA Offers that Fire Horse Ventures LLC dba GlamSlam! USA has made available to you through Fire Horse Ventures LLC dba GlamSlam! USA. You may not promote any other Fire Horse Ventures LLC dba GlamSlam! USA offers (e.g., offers in Fire Horse Ventures LLC dba GlamSlam! USA e-mails, other publishers' offers, or those in other partner communications) unless you first obtain written permission from Fire Horse Ventures LLC dba GlamSlam! USA.

e. You may not promote Fire Horse Ventures LLC dba GlamSlam! USA Offers of any kind on any Social Communities regardless of whether such Social Communities are created by you, by us, or a third party, without first obtaining written permission from Fire Horse Ventures LLC dba GlamSlam! USA.

f. You may not act as or present yourself as a reseller of any product sold or otherwise acquired from Fire Horse Ventures LLC dba GlamSlam! USA, and you may not publicize Links on third-party or reseller sites unless you have the necessary license, right, or permission to do so from such site and you have also obtained our express written preapproval. If Fire Horse Ventures LLC dba GlamSlam! USA suspects any order was made with the intent to resell, we may determine it is not a Qualified Purchase under Section 5.d.

g. You will not post any promotional offers, advertised prices or any other information generated by or relating to Fire Horse Ventures LLC dba GlamSlam! USA (regardless of origination of such information) for posting on Publisher Properties prior to the date and/or time identified by Fire Horse Ventures LLC dba GlamSlam! USA as the start date/time for the posting of such information, or keep any such information posted on your Properties after the end date and/or time identified by Fire Horse Ventures LLC dba GlamSlam! USA.

h. If you donate any portion of your commission to any school, foundation or other charitable organization you may not state or imply that Fire Horse Ventures LLC dba GlamSlam! USA endorses such activities or is in any way responsible for the inclusion or donation of funds to any schools, foundations or charities associated with you.

i. Failure to abide by the terms set forth in this Section 2 will be a material breach of this Agreement, which may result in commission payment reductions as set forth in Section 5.e.

3. Publisher Identification

As a participating Publisher in the Program, you must display a graphic (which we will provide via Fire Horse Ventures LLC dba GlamSlam! USA) indicating your relationship to Fire Horse Ventures LLC dba GlamSlam! USA.

4. Our Responsibilities

We will provide the information necessary to allow you to make appropriate Links from your Properties to our Properties. We will be responsible for: (i) processing every order placed by a customer following a special Link from your Properties; (ii) tracking the volume and amount of sales generated by your Properties; and (iii) providing information to you regarding sales statistics via the Fire Horse Ventures LLC dba GlamSlam! USA Publisher Dashboard at the location provided to you by Fire Horse Ventures LLC dba GlamSlam! USA upon your acceptance as a Publisher in the Program. Our order processing obligations will include order entry, payment processing, shipping of products, performance of services, cancellations, returns and related customer service.

5. Commission Determination

a. You are only eligible to earn commissions on Qualifying Purchases occurring during the Term subject to the terms of this Agreement that are: (i) made via the intentional click by a Customer of a Qualifying Link that can be tracked and reported on through the use of our tracking technology and/or methodology during an active Session; (ii) actually shipped by a Fire Horse Ventures LLC dba GlamSlam! USA Property to a U.S. shipping address and billed to a U.S. billing address; or in the case of services, if included as an Eligible Product, (iii) for which Fire Horse Ventures LLC dba GlamSlam! USA has received full payment that is not subject to bad debt or other chargebacks. We will not owe you any commissions for orders that are canceled or returned, and we may deduct and exclude these returns and cancellations from commissions calculations on an ongoing basis, at least monthly.

b. Fire Horse Ventures LLC dba GlamSlam! USA may in its sole discretion modify the list of Eligible Products, Product Categories (including associated commission percentage rates), and the number of permitted Return Days at any time. The changes will be effective as of the date they are posted within the Fire Horse Ventures LLC dba GlamSlam! USA Publisher Dashboard.

c. Calculation Method. We do not guarantee a minimum or maximum monthly commission payment amount. We will calculate commission payment(s) based on (i) Monthly Net Sales; multiplied by (ii) the commission percentage rate for each applicable Product Category as set forth in the Fire Horse Ventures LLC dba GlamSlam! USA Publisher Dashboard.

d. All determinations of Qualifying Purchases and whether a commission payment is payable will be made by Fire Horse Ventures LLC dba GlamSlam! USA in consultation with Fire Horse Ventures LLC dba GlamSlam! USA  and will be final and binding.

e. In the event you fail to abide by the terms set forth in this Agreement governing the use of Fire Horse Ventures LLC dba GlamSlam! USA Offers, Links and Licensed Materials (including but not limited to the posting of other Fire Horse Ventures LLC dba GlamSlam! USA offers and certain information to the disadvantage of Fire Horse Ventures LLC dba GlamSlam! USA on your Properties), we may reduce unpaid commissions otherwise payable under this section as follows:

(i) Fire Horse Ventures LLC dba GlamSlam! USA is not required to pay any commissions on sales of any product or service where the sale was completed through an error or anomaly on a Fire Horse Ventures LLC dba GlamSlam! USA Property related to any information posted on the website or property associated with the Qualifying Link.

(ii) Commissions otherwise payable to a Publisher for any month will be forfeited where information prohibited by this Agreement is posted to the website or property associated with the Qualifying Link, regardless of whether any Qualifying Purchases occurred, and we may, in our sole discretion, terminate your account immediately.    

6. Commission Payments

Approximately sixty (60) days following the end of each calendar month or when you have reached $100, Fire Horse Ventures LLC dba GlamSlam! USA will pay to you all commission payments owed by us to you in accordance with your Publisher Membership Agreement entered into between you and Fire Horse Ventures LLC dba GlamSlam! USA. In the event Fire Horse Ventures LLC dba GlamSlam! USA makes a payment to you that did not take into account all applicable Deductions or that was otherwise incorrect, we may offset the Deductions against any commission payments we owe you from the next monthly payment schedule. If no future monthly commission payment is due, you will pay to Fire Horse Ventures LLC dba GlamSlam! USA any amounts you owe within thirty (30) days of receiving written notification thereof. We, or Fire Horse Ventures LLC dba GlamSlam! USA on our behalf, may provide written notice.

7. Policies/Pricing/Product/Service Descriptions

Customers who buy products or services from a Fire Horse Ventures LLC dba GlamSlam! USA Property through the Program will be deemed to be customers of Fire Horse Ventures LLC dba GlamSlam! USA. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, privacy, and Fire Horse Ventures LLC dba GlamSlam! USA product and service sales will apply to those customers.

We may change our policies and operating procedures at any time. For example, we may determine the prices to be charged for products and services sold through a Fire Horse Ventures LLC dba GlamSlam! USA Property under the Program in accordance with our own pricing policies. Prices and availability of products or services on a Fire Horse Ventures LLC dba GlamSlam! USA Property may vary from time to time, and we do not guarantee the availability and price of any particular product or service. EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT, YOU MAY NOT PLACE INDIVIDUAL PRODUCT OR SERVICE PRICING OR LOGOS, IMAGES, OR DESCRIPTIONS RELATED TO PRODUCTS AND SERVICES ON YOUR PROPERTIES WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION.

8. Publicity

Except as expressly authorized in this Agreement, you will not create, publish, distribute, or permit any written material that makes reference to Fire Horse Ventures LLC dba GlamSlam! USA without first submitting such material to us and receiving our written consent.

9. License

a. WE GRANT YOU A NONEXCLUSIVE, NONTRANSFERABLE, REVOCABLE RIGHT DURING THE TERM TO (i) ACCESS ONE OR MORE OF OUR PROPERTIES THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE FIRE HORSE VENTURES LLC DBA GLAMSLAM! USA DEVELOPER CONTENT AND THE APPLICABLE LICENSED MATERIALS, FOR THE SOLE PURPOSE OF LINKING ONE OR MORE OF YOUR PROPERTIES TO ONE OR MORE OF OUR PROPERTIES, WHERE YOUR USERS CAN PURCHASE PRODUCTS OR SERVICES FROM OUR PROPERTI