|Conversion action||Online purchase with processed valid payment|
|Cookie days||3 days|
|Commission type||Percent of Sale|
|Additional terms||Online purchase with processed valid payment|
Planet Beauty Affiliates
Beautiful Brands. Beautiful Prices.
For over 25 years, Planet Beauty has offered our customers over 20,000
professional beauty products in makeup, skincare, haircare, styling tools,
bath, and fragrance. We are committed to providing customers the best prices
and an exceptional one-stop shopping experience for all their beauty needs in
our 37 California boutiques and Planetbeauty.com.
You’re invited to join our free affiliate program and earn income by sharing your love of our top beauty
brands with your friends, family, and followers!
Simply Share and Earn.
The process is simple. Once you become an approved member, share promotions on
your website or social media channels and earn commissions from sales made
through your link. We've partnered with Refersion to provide you the tools you
need to earn commissions, while we handle all the ordering, shipping, and
Sign Up Today.
Simply fill this form and we will contact you once we have reviewed your site
PLANET BEAUTY INC
INDEPENDENT INFLUENCER AGREEMENT
This Independent Influencer Agreement (including
any schedules, exhibits or addenda attached hereto, the “Agreement”), is made
and entered into as of the date identified below (the “Effective Date”), by and
between Planet Beauty Inc. (“Planet Beauty”), with an address of 3199 Red Hill
Ave, Suite A, Costa Mesa, California, 92626, United States and the influencer
identified below (“Independent Influencer” or “you”). In consideration of the
mutual promises contained herein, the parties agree as follows:
TO USE OR ACCESS THE PROGRAM, YOU MUST
AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY
SIGNING AND SUBMITTING THE AFFILIATE APPLICATION. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, YOU HAVE NO RIGHT OR AUTHORITY TO ACCESS OR USE THE
PROGRAM OR EXERCISE ANY OTHER RIGHT IN CONNECTION THEREWITH.
Joining and Eligibility.
To use (or continue to use) the Program, you
must provide Planet Beauty with truthful, accurate and complete registration
information. If any such information changes, you must immediately update your
Planet Beauty has the right to verify the
truth and accuracy of any registration information at any time. Please be
advised that if any information is determined by Planet Beauty to be
misleading, inaccurate or untruthful, Planet Beauty may restrict, deny or
terminate your account and/or your access and use of the Program; Planet Beauty
may also withhold payment of any commissions and/or other fees that may be or
become due or payable to you, and may assess charges against such amounts for
Planet Beauty activities in connection with the investigation and/or
verification of such information and/or otherwise in accordance with this
To join the Program, you must be either an
entity or an individual who is at least 18 years old, and must provide at your
expense your own computer equipment and internet access. One person or legal
entity may not maintain more than one account. Accounts registered by “bots” or
other automated methods are not permitted. Planet Beauty may, in its sole
discretion, refuse to register you as an Affiliate for the Program and/or
terminate your participation in the Program at any time for any reason.
The Independent Influencer Program. Independent
Influencer agrees to provide to Planet Beauty under the terms and conditions of
this Agreement, services (the “Services”) in connection with Planet Beauty's
Independent Influencer Program (the “Program”). As part of the Services,
Independent Influencer will generate and post content (including, without
limitation, text, videos and images) regarding Planet Beauty brand and Planet
Beauty products on Independent Influencer’s social channels including, but not
limited to, Instagram, Instagram Story, Twitter, Facebook, blog, YouTube, Pinterest
and coupon sites (the “Social Channels”) (collectively the “Content”) in an
effort to generate sales.
Independent Influencer agrees to:
Devote such of his/her time, resources and best
efforts to the Services as is reasonably necessary to perform them in a
professional and diligent manner
Comply with all applicable laws and regulations.
Determine, in his /her discretion, the time,
place, manner, means, methods and independent/personal resources by which the
Services are performed and achieved.
Provide and utilize his/her own equipment, tools
and other resources in performing the Services.
It is understood and agreed that
Independent Influencer will be an independent contractor, is not and will not
be considered an agent or employee of Planet Beauty (or any of its affiliates
or related entities), and shall have no authority to bind Planet Beauty (or its
affiliates or related entities) by contract or otherwise.
Independent Influencer agrees that they will
Make any derogatory statements about Planet
Beauty and/or Planet Beauty products
Link to any third-party websites, other than the
Social Channels, on the Influencer Link or otherwise redirect visitors of the
Influencer Link to third-party websites
Resell or distribute any Planet Beauty products,
including those received for free or as gifts, for commercial purposes, other
than via the Influencer Link
Promote Planet Beauty products, the Planet Beauty
brand, or the Program and/or the Influencer Link via any paid media channels
Promote Planet Beauty products, the Planet
Beauty brand, the Program and/or the Influencer Link via any website, media,
social media, or electronic presence or resource that may be considered
pornographic, lewd, offensive, or discriminate
Engage in any fraudulent transactions, as
reasonably determined by Planet Beauty, including without limitation making
transactions from Influencer's IP addresses or computers under Influencer's
In consideration for the Services, Planet Beauty
will pay to Independent Influencer a percentage of the Net Revenue (as defined
below) collected by Planet Beauty in accordance with the Commission Appendix
below (the “Commission(s)”). For purposes of this Agreement, “Net Revenue” means
gross fees received by Planet Beauty from Qualifying Orders (as defined below),
less amounts paid for using store credit or gift certificates, taxes, duties
and transaction-based costs and expenses, including but not limited to payment
process fees and shipping fees. For purposes of this Agreement, “Qualifying
Orders” means purchases of Planet Beauty product(s) via the Influencer Link
that are made by a method of payment accepted by Planet Beauty. The Commission
is also only paid to Independent Influencer if the Qualifying Order is final
-any returns will cause that specific Commission to be deducted out of the
month payouts. The Commission will be calculated solely based on records
maintained by Planet Beauty using its standard methodologies. Planet Beauty
will pay Independent Influencer its Commission on the 1st day of each month for
all commissions earned for the month prior. Commissions due hereunder will be made by Planet Beauty to Independent
Influencer through its payment processor (“Payment Processor”), which, as of
the Effective Date, is Refersion. Independent Influencer is solely responsible
for creating and maintaining a Payment Processor account, and communicating such
account information to Planet Beauty for purposes of receiving the payments set
forth herein. Planet Beauty is not responsible for making any payments based on
any amounts which result from any fraudulent transactions, as reasonably
determined by Planet Beauty, including without limitation any transactions
originating from Influencer's IP addresses or computers under Influencer's
Definition. “Confidential Information” means all
trade secrets and confidential or proprietary information, whether or not in
writing, concerning Planet Beauty's business technology, business relationships
or financial affairs which Planet Beauty has not released to the general
public. By way of illustration, Confidential Information includes, but is not
limited to, information or material which has not been made generally available
to the public, such as: (i) corporate information , including plans,
strategies, method, policies, resolutions, negotiations or litigation;(ii)
marketing information, including strategies methods, customer identities or
other information about customers , prospect identities or other information
about prospects, or market analyses or projections; (iii) financial
information, including cost and performance data (iv) operational and technological
information , including plans, specifications, manuals, forms, templates,
software, designs, methods, procedures, formulas, discoveries, inventions
improvements, concepts and ideas; and (v) personnel information, including
personnel lists, reporting or organizational structure, resumes, personnel
data. Confidential Information also includes information received in confidence
by Planet Beauty from its customers or suppliers or other third parties.
Non-Disclosure and Non-Use Obligations.
will not, at any time, without Planet Beauty's prior written permission, either
during or after the term of this Agreement, disclose any Confidential
Information to anyone outside of Planet Beauty, or use or permit to be used any
Confidential Information for any purpose other than the performance of the
Services for or on behalf of Planet Beauty. Independent Influencer will
cooperate with Planet Beauty and use best efforts to prevent the unauthorized
disclosure or use of any and all Confidential Information. Independent
Influencer will deliver to Planet Beauty all copies of Confidential Information
in Independent Influencer's possession or control upon the earlier of a request
by Planet Beauty or termination of this Agreement for any reason.
Information of Third Parties. Independent
Influencer understands that Planet Beauty is now and may hereafter be subject
to non-disclosure or confidentiality agreements with third persons which
require Planet Beauty to protect or refrain from use of Confidential
Information. Independent Influencer agrees to be bound by the terms of such
agreements in the event Independent Influencer has access to such Confidential
Intellectual Property Rights.
Independent Influencer hereby grants to Planet
Beauty and its subsidiaries, affiliates, licensees, agents, representatives,
successors and assigns:
Unrestricted, fully-paid, royalty free,
exclusive, transferable and irrevocable rights, power and authority to use,
reproduce, publish, print, distribute, transmit, copy or otherwise use any of
the Content, worldwide and perpetually, in whole or in part, in any medium
known now or later discovered, for the purpose of its advertisements,
promotions, marketing activities, public relations, educational and other
commercial or non-commercial purposes, subject only to the payment made to
Independent Influencer in section 2 hereof.
Independent Influencer shall have the revocable,
unlimited, perpetual and worldwide right to use the Content, for Independent
Influencer’s promotional purposes, in any and all media now known or hereafter
With respect to Content which portrays
Independent Influencer’s face, body and voice (the “Restricted Materials”),
Planet Beauty shall have the right to use the Restricted Materials upon prior
approval from Independent Influencer.
Independent Influencer hereby grants to Planet
Beauty and its affiliated companies, successors and assigns, the royalty-free,
perpetual, unrestricted, transferable, irrevocable sublicensable,
non-exclusive, worldwide right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display any content or other materials, other
than the Content, (i) submitted to Planet Beauty in connection with the Program
or (ii) otherwise created by Independent Influencer in connection with the
Services, (collectively, the “Other Developments”)
Planet Beauty Materials and Trademark.
Except for Independent Influencer's limited
right to use the Planet Beauty Materials solely in connection with performing
the Services, Planet Beauty retains all right title and interest in the Planet
Beauty Materials, including all related intellectual property rights. Planet
Beauty hereby grants to Independent Influencer, a limited, non-exclusive,
non-transferable license to use and display Planet Beauty's name, website
address, logo and trade names (the “Marks”), solely in connection with
performing the Services.
Independent Influencer agrees that any use of
Will comply with Planet Beauty's quality
standards and trademark guidelines, which may be provided by Planet Beauty to
Independent Influencer from time to time
Will solely inure to the benefit of Planet
Beauty. The Marks are proprietary and nothing in this Agreement constitutes the
grant of a general license for their use. Independent Influencer does not
acquire any right, title or interest in the Marks or the goodwill associated
therewith. Independent Influencer agrees not to (A) attack the Marks or assist
anyone in attack in the Marks, and (B) make any application to register the
Marks or use any confusingly similar trademark, service mark, trade name,
iconography, or derivation thereof including, but not limited to, the
registration of any domain name including any of the Marks, during the term of
this Agreement and thereafter.
Federal Trade Commission Requirements.
Independent Influencer acknowledges and agrees
that the provisions of the Federal Trade Commission's Guides Concerning Use of
Endorsements and Testimonials in Advertising (the “Guides”) apply to
Independent Influencer's provision of the Services hereunder. Independent
Influencer represents and warrants that he or she has read and understands the
Guides and their requirements, and that the Content and Other Developments
(including, without limitation, social media communications regarding Planet
Beauty products, the Planet Beauty brand and/or the Program) will contain clear
and prominent disclosures compliant with the Guides.
Independent Influencer represents and warrants
He or she is at least 18 year of age and legally
allowed to live and work in his/her country of residence
The Services will be performed in a professional,
lawful and workmanlike manner, in accordance with any terms and conditions set
forth herein and in the Planet Beauty Materials;
The Content and Other Developments are
Independent Influencer's original work
Use of the Content and Other Developments by
Planet Beauty will not infringe or involve the misappropriation of any third
All clearances and licenses relating to the use
of the Content or Other Developments have been obtained by Independent
Except as expressly set forth herein, no fee,
compensation or any other payment whatsoever will be payable by Planet Beauty
for any Content or Other Developments or any content or material incorporated
therein to any third party;
He or she will comply with all applicable laws,
rules and regulations, including the Guides
Independent Influencer shall indemnify and hold
Planet Beauty, its affiliates and their respective directors, officers, agents
and employees harmless from and against all claims, demands, losses, damages
and judgments, including court costs and attorneys' fees, arising out of or
based upon the Services and/or Independent Influencer's performance thereof
including, but not limited to, (a) any claim that the Services provided
hereunder or, any related intellectual property rights or the exercise of any
rights in or to any Content, Other Development, Influencer IP or related
intellectual property rights infringe on, constitute a misappropriation of the
subject matter of, or otherwise violate any patent, copyright, trade secret, or
trademark of any person or breaches any person' s contractual rights; and (b)
any breach or alleged breach by Independent Influencer of any representation,
warranty, certification, covenant, obligation or other agreement set forth in
This Agreement will commence on the Effective
Date and continue until terminated as set forth herein. Either party may
terminate this Agreement for convenience upon at least seven (7) days' prior
written notice thereof to the other party. Planet Beauty may, in addition to
any other rights it may have at law or in
equity, terminate this Agreement immediately and without prior notice if
Independent Influencer refuses to or is unable to perform the Services or is in
breach of any material provision of this Agreement. Upon any termination of
this Agreement, all rights and duties of the parties toward each other shall
cease, except that the following Sections shall survive: 2 (with respect to any
Net Revenue accrued during the term of this Agreement but not yet paid); 3,
4(a), 4(b), 4(c) and 5 through 13 (inclusive).
Independent Contractor; No Agency.
Independent Influencer is not and shall not be
deemed an employee, agent, joint venture or partner of Planet Beauty, and neither
party shall have any right or authority to assume or create any obligation on
behalf of or bind the other party in any manner whatsoever.
Limitation of Liability.
IN NO EVENT SHALL PLANET BEAUTY, ITS AFFILIATES,
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR
LICENSORS (EACH, A “PLANET BEAUTY PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PLANET BEAUTY PRODUCTS AND/OR THE
PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER LEGAL THEORY, EVEN IF SUCH PLANET BEAUTY PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE
LIABILITY OF THE PLANET BEAUTY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Governing Law, Jurisdiction and Venue.
The provisions of this Agreement will be
construed and enforced in accordance with, and any dispute arising out of or in
connection with this Agreement, including any action in tort, will be governed
by, the laws of the State of California. Each party hereby irrevocably submits
to the exclusive jurisdiction and venue of the courts within California.
All notices or other communications, required or
permitted to be given hereunder, shall be in writing and shall be delivered
electronically, personally or mailed, certified mail, return receipt requested,
postage prepaid, to the parties at their addresses as set forth above. Any
notice given electronically shall be deemed received on the business day
following transmission. Any notice mailed in accordance with the terms hereof
shall be deemed received on the third day following
the day of mailing. Either party may change the address to which such notices
to such party may be given hereunder by serving proper notice of such change of
address to the other party.
Independent Influencer and Planet Beauty agree
that it would be impossible or inadequate to measure and calculate Planet
Beauty's damages from any breach by Independent Influencer of this Agreement.
Accordingly, Independent Influencer and Planet Beauty agree that if Independent
Influencer breaches this Agreement; Planet Beauty will have available, in
addition to any other right or remedy available and notwithstanding anything to
the contrary in Section 10 above, the right to obtain from any court of
competent jurisdiction an injunction restraining such breach or threatened
breach and specific performance of Sections 3, 4 and Section 8. Independent
Influencer and Planet Beauty further agrees that no bond or other security
shall be required in obtaining such equitable relief and Independent Influencer
and Planet Beauty, hereby consent to the issuances of such injunction and to
the ordering of such specific performance.
If any provision of this Agreement is found to
be invalid by any court or arbitrator having competent jurisdiction, then the
meaning of said provision shall be construed, to the extent feasible, so as to
render the provision enforceable, and if no feasible interpretation would save
such provision, it shall be severed from the remainder of this Agreement which
shall remain in full force and effect. Failure of Planet Beauty to act on or
enforce any provision of this Agreement shall not be construed as a waiver of
that provision or any other provision of this Agreement. No waiver shall be
effective against Planet Beauty unless made in writing, and no such waiver
shall be construed as a waiver in any other or subsequent instance. Except as
expressly agreed by Planet Beauty and Independent Influencer, this Agreement
constitutes the entire agreement between Independent Influencer and Planet
Beauty with respect to the subject matter, and supersedes all previous or contemporaneous
agreements, whether written or oral, between the parties with respect to the
subject matter. The section headings are provided merely for convenience, and
shall not be given any legal import. Neither this Agreement nor any right
hereunder or interest herein may be assigned or transferred by Independent
Influencer without the express written consent of Planet Beauty. Planet Beauty
may assign any or all of its rights and obligations under this Agreement
without Independent Influencer's written consent to any affiliate or to another
third party affiliate by way of merger, acquisition, consolidation, or sale or
transfer of all or substantially all of Planet Beauty’s assets or capital
stock. Any attempted assignment, delegation or transfer to a third party in
violation hereof shall be null and void. Subject to the foregoing, this
Agreement shall be binding on the parties and their successors and assigns.
For Qualifying Orders in a calendar month,
Planet Beauty will pay to Independent Influencer commission payments in
accordance with the following table, with the exception that Planet Beauty
could have promos that could go to higher percentages as incentive, all details
of such promos to be at Planet Beauty's sole discretion and communicated to
Independent Influencer in due time:
12% of Net Revenue
For purposes of this Commission Appendix, each
Qualifying Order shall count as one Qualifying Order, regardless of the number
of Planet Beauty Products that are purchased pursuant to such Qualifying Order.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
This website collects various types of information, such as:
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
Planet Beauty (planetbeauty.com) may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, type of operating system, at a later time, that will assist us in providing and maintaining superior quality service.
Planet Beauty (planetbeauty.com) may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from planetbeauty.com. Planet Beauty (planetbeauty.com) may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Planet Beauty (planetbeauty.com) does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
Planet Beauty (planetbeauty.com) may deem it necessary to follow websites and/or pages that their users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
Planet Beauty (planetbeauty.com) may disclose your personal information, without any prior notice to you, unless required to do in accordance to applicable laws and/or in a good faith belief that such action is deemed necessary or required in an effort to:
Planet Beauty (planetbeauty.com) greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Planet Beauty (planetbeauty.com) products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Planet Beauty (planetbeauty.com) does not knowingly collect personal identifiable information from children under the age of thirteen (13) nor allows such users to purchase, or otherwise transact with our website. Persons between the ages of thirteen and eighteen (13-18) may not transact with our site in any manner without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13) or by persons thirteen-eighteen (13-18) without parental consent, we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. By using our site, you are a) verifying that you are an adult over the age of eighteen (18) years of age, or b) a minor consumer between the ages of thirteen (13) and eighteen (18) with the direct, verifiable consent of a parent or legal guardian. Use otherwise is prohibited and Planet Beauty (planetbeauty.com) will not be responsible for civil penalties resulting from such actions.
California law permits residents to request personal data shared with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. If you are a California resident and would like a copy of this notice, please contact us through one of the methods below. This request may be made TWICE a year without charge, and will cover data for only the prior twelve (12) months. Information will be limited to information collected and third-parties who may have received this information for customers who were LOGGED IN at the time of purchase. Guest/Anonymous user information is not identifiable. Planet Beauty (planetbeauty.com) is not responsible to the removal or managing of customer data within third-party platforms, such as Google (in Google Merchant Center, Analytics, or Google Shopping), AdRoll, MailChimp, or other platforms used in marketing and research and for which we have no control or access to data stored.
Planet Beauty (planetbeauty.com) is currently exempt from the revised California Consumer Privacy Act (2020), by virtue of required conditions of the law to enforce the policy. However, Planet Beauty (planetbeauty.com) is committed to your privacy. You may request a report of information captured from your transactions by using one of the communication methods below. PLEASE NOTE: This policy covers only transactions on planetbeauty.com, and does not extend to our retail stores or affiliates, which are governed by their own policies. The guidelines for enforcing CCPA are below:
These conditions do not currently apply to Planet Beauty (planetbeauty.com), the site. Your rights under CCPA, that we honor are below:
Planet Beauty (planetbeauty.com) collects the information described above and for the described purposes. We offer the opportunity for California Residents to obtain this information. Planet Beauty (planetbeauty.com) NEVER sells your personal information and only shares with third-party platforms outlined above, for the enhancement of our site and your shopping experience. As we do not sell information, there is no need to opt out of your information being sold as a California Resident. You may, up to TWICE a year, contact us at the information below to request review of your information and/or deletion. PLEASE NOTE: Requesting the deletion of your information will remove any subscriptions, loyalty points accumulated based on transactional history, and other incentives from marketing actions. Gift Cards issued by Planet Beauty WILL NOT be impacted and will remain valid and available for use for the duration of their available balance.
Planet Beauty (planetbeauty.com) shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Email: [email protected] (Please use the Subject “CCPA Inquiry” for all inquiries related to California Consumer Privacy Rights)
Planet Beauty – CCPA Inquiries
3199 Red Hill Ave
Costa Mesa, CA 92626