The Scarlet Maiden Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the The Scarlet Maiden Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Scarlet Maiden reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • Free sign up on the registration page.
  • No website maintenance fees for your individual affiliate link to the site. You earn on every sale which came from your personalized link.
  • No monthly quotas.
  • No mandatory personal purchases to be “active”. You earn and will be paid on your team sales, regardless of whether you had personal sales that month or not, as long as your total commissions meet the payout levels shown below.
  • Effective January 1, 2020, in order to maintain Independent Representative Status, any Affiliate who joins on or after January 1, 2020 must sell $20 or more in Personal Sales Volume within 12 months of enrollment. If the Affiliate fails to reach $20, the account will be deactivated. The Affiliate will lose their account, site referral link and all downline Affiliates. The Affiliate would then have to wait a period of 6 months before they could register as an Affiliate again.
  • No kit requirement.
  • No requirement to hold inventory.
  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Affiliate Link (that will be assigned specifically to you upon accepted affiliate program registration) from your site, email, or other communications to http://thescarletmaiden.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

As an affiliate for The Scarlet Maiden, you will earn 25% commission on all orders that come through your affiliate link.  As part of our MLM program, you will also be paid a commission on your first 3 levels of downline team’s sales.

Amount For Each Level

  • Level 1: 15%
  • Level 2: 10%
  • Level 3: 5%

For a better understanding of how the MLM system works and provides rewards to affiliates, a common scenario is listed below:

John has MLM Matrix sub-affiliates:

  • Geo – Level 1
  • Bob – Level 2
  • Max – Level 3

Actions:

Max has Rank “Premium” with Amount: 25% on all his personal sales
Max refers a user that purchases a product of: $400
Rank Reward:
Max gets a referral of: $100

MLM Rewards:

  • Bob gets: $15 (15% of $100) since Max is his 1st level
  • Geo gets: $10 (10% of $100) since Max is his 2nd level
  • John gets: $5 (5% of $100) since Max is his 3rd level

Commission payments only begin once you’ve earned more than $10 in affiliate income. As long as your current affiliate earning are over $10, you’ll be paid each month on or around the 5th of the month for sales from the preceding month. For example, if you sold enough product in November to have earned at least $10 in commissions, your November commissions will be paid on or around December 5th. We will continue to accumulate your commissions until they have reached this threshold. We are only responsible for paying accounts that have crossed the $10 threshold.

Commission Payout Methods:

  • Our preferred method of paying commissions is through PayPal or Stripe.
  • If, for some reason, you do not have a PayPal or a debit or credit card linked to a Stripe account, we can pay out via check. If you require payment by check, the commission threshold is $25.
  • Another option for commission payout is transfer any unpaid commissions to your “wallet” to be used on the site – you can move any unpaid commissions to your wallet BEFORE the 1st of the month, which is when all unpaid commissions will pay out, unless you have moved them to your Wallet. Your current Affiliate earnings must be at least $0.01 in order to use this method. You can let your Wallet accumulate to the amount you desire to spend. Several of our Affiliates prefer this option as a way to inexpensively purchase product for themselves or as samples.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to The Scarlet Maiden. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the The Scarlet Maiden. You must ensure that each of the links between your site and the The Scarlet Maiden properly utilizes such special link formats. Links to the The Scarlet Maiden placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a The Scarlet Maiden product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Marketing Your Business

As a The Scarlet Maiden Affiliate, it is your obligation to promote and safeguard the good reputation of The Scarlet Maiden. You must promote your business as set forth within the guidelines of The Scarlet Maiden Terms and Conditions.

APPROVED USES OF TRADEMARKS, LOGOS AND COPYRIGHTS

You may not use The Scarlet Maiden trade names, trademarks, copyrighted material, images or symbols without prior written consent. If they appear in your Affiliate back office or our Affiliate group on Facebook, that means you have permission to use them. Video or audio recordings of company events or training are also copyrighted and shall not be utilized or distributed without written consent.

The name The Scarlet Maiden is a trademark of The Scarlet Maiden, and is of great value to the Company. Use of the The Scarlet Maiden name on any product not produced or authorized by the Company or without specific written permission is prohibited.

If you choose to use a logo to market your business, you must choose from the approved logos provided in the photo albums within our Facebook Affiliate training and information group at https://www.facebook.com/groups/thescarletmaidenaffiliates//

APPROVED WEBSITES

The Scarlet Maiden maintains an official corporate website. Affiliates are allowed access to a personal website for free for uses such as ordering and reviewing downline and commissions. These websites are linked to the corporate site giving the Affiliate a more professional appearance on the internet.

If you choose to design a personalized website, it must be approved by The Scarlet Maiden. This website must only be used for promotional purposes and should have the link to your The Scarlet Maiden website present for purchases or recruiting. These websites must in no way give the appearance or mislead that it is the corporate site or that it is corporately sponsored. Any email account which you use in the course of doing The Scarlet Maiden business must not give the appearance of coming from The Scarlet Maiden corporate or show The Scarlet Maiden as the sender of the email.

Any social media sites should not contain only the title The Scarlet Maiden. The company has a corporate Facebook page and any Independent Affiliate Page should not deter from that page by being perceived as an official page. You may not advertise your personal pages on our corporate page. All social media sites for your The Scarlet Maiden must be submitted to corporate for review. You can send the site link to consultantsupport@thescarletmaiden.com.

TELEMARKETING

The Scarlet Maiden prohibits the utilization of telemarketing or “cold calls” for the purpose of marketing The Scarlet Maiden products or business opportunity as there are Federal and State laws against telemarketing.

UNSOLICITED EMAILS, PRIVATE MESSAGES AND FAXES/SPAM LINKING

You shall not send mass, unsolicited emails, private messages on social media sites, or faxes to promote The Scarlet Maiden products or opportunity to any person you do not know. The use of deceptive subject lines and/or false header information or any other fraudulent tactics is prohibited. If a person has requested to be included in bulk emailing, private messaging, newsletters or other, communications will be allowed.

Spam Linking is defined as multiple consecutive submissions of the same content in blogs, guest books, websites, social media sites, or other publicly accessible online forums and is not allowed. Any comments made on such outlets should be unique, informative and relevant.

PRINT ADVERTISEMENT

The Scarlet Maiden does provide some templates for print advertisement. If you wish to create your own promotional marketing material, your designs must be approved by The Scarlet MaidenThe Scarlet Maiden logo must appear on your print design and Independent Affiliate title must be present.

INTERNET SALES SITES

The Scarlet Maiden does NOT prohibit the sales of our products on any internet sale or auction sites such as eBay, Amazon or Craigslist.

SALE OF PRODUCT/BUSINESS OPPORTUNITY THROUGH SOCIAL MEDIA

As a The Scarlet Maiden Affiliate, you may sell products and collect orders through social media outlets, such as Facebook, Twitter or Instagram. Products on hand may not be advertised for a price below the retail purchase price. The Scarlet Maiden offers sales and discounts periodically as incentive for potential customers to try our products. Any other discounted amount you are willing to sell products for must be offered privately. Posts of products offered at a discounted amount will be asked to be removed.

You are allowed to promote the business opportunity with The Scarlet Maiden through social media. However, The Scarlet Maiden does not support and will not be held responsible for offer of additional free product or any other form of incentive you choose to offer. Your failure to follow through with any additional offer reflects poorly on The Scarlet Maiden as a company. If repeated, this behavior may result in immediate termination, loss of commission and/or downline.

RETAIL ESTABLISHMENTS/TEMPORARY SALES FORUMS

The sale of The Scarlet Maiden products is permitted in retail establishments. You may display personal promotional information with permission from an authorized representative of the retail establishment.

Sales of The Scarlet Maiden products are permissible in temporary sales forums such as fairs, expos, vendor/craft events or trade shows. You are responsible for any fees that are required to set up as a vendor. You must make known that you are an Independent Affiliate for The Scarlet Maiden. You may sell products on a cash and carry basis if you have products available. You must only market The Scarlet Maiden products and opportunity and not in conjunction with any other direct sales company within the same vendor booth.

DIGITAL MEDIA

You may upload or submit any The Scarlet Maiden related video or photo content that you create as long as it complies with The Scarlet Maiden’s Terms and Conditions and contributes to the greater good of the company. You must clearly identify yourself as an Independent Affiliate, comply with all copyright requirements and state that you are solely responsible for the content, not The Scarlet Maiden.

ALTERING PACKAGING

You are strictly prohibited from altering the appearance of The Scarlet Maiden product labels. Stickers and personal promotion labels should not cover the The Scarlet Maiden logo.

FDA STATEMENT IN MARKETING

Affiliates are required to maintain compliance with the Food and Drug Administration when making statements regarding essential oils being used to heal or treat diseases or illnesses. Any statements made must include the following statement – “This statement has not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent diseases.”

FALSE PRODUCT CLAIMS

Affiliates shall in no way make false claims or guarantees concerning The Scarlet Maiden products. While essential oils have been reported as having certain healing or therapeutic properties, these claims may not be true for all people and should not be expressed to be true. Testimonials are acceptable to share, but you should make known that all results may not apply. The Scarlet Maiden assumes no responsibility or liability for any false claim made by a Affiliate.

Identifying yourself as a The Scarlet Maiden Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of The Scarlet Maiden or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

Affiliate Responsibilities

LEADERSHIP AND ORGANIZATION OBLIGATIONS

You must take a proactive role to provide assistance and training to your downline. Be sure to make them aware of the need to comply with the Agreement and Terms and Conditions.

You should have regular and ongoing contact with your Affiliates in your frontline and downline to assure the compliance of the Agreement. If you become aware that an Affiliate in your organization is violating Policies either willfully, or due to ignorance, you must make every effort to educate, inform and bring them back into compliance.

As you become more skilled and gain more knowledge, you may be called upon to share with other Affiliates.

SPONSORING/CROSS-SPONSORING

As a The Scarlet Maiden Affiliate, you are allowed to sponsor/enroll individuals into your downline. If you fail to adhere to the Affiliate Agreement or to provide leadership to your downline, The Scarlet Maiden reserves the right to remove downline, reduce applicable leadership bonuses or cancel your Affiliate Agreement.

Cross-sponsoring occurs when an Affiliate knowingly enrolls or attempts to enroll an Affiliate from a different line of sponsorship, or a former Affiliate that was enrolled within the past 6 months under a different sponsor. The Scarlet Maiden strictly prohibits this behavior. You are not to demean or discredit any The Scarlet Maiden Affiliate in an attempt to entice another Affiliate into your downline. If you find cases of cross-sponsorship, you should immediately report the offense to The Scarlet Maiden with proof. The offending Affiliate will be subject to disciplinary actions such as removal of downline or cancellation of Affiliate Agreement. Affiliates involved in cross-sponsorship waive all claims and causes of actions against The Scarlet Maiden related to the disposition of the cross-sponsored Affiliate’s Downline organization.

CHANGE OF SPONSORS

The Scarlet Maiden highly discourages requests to change sponsors. In extreme cases, such as a sponsor’s failure to comply with any Policy or lack of leadership, will a request for change be considered.

ROLL-UP OF DOWNLINE

If for any reasons a vacancy occurs within a Downline Organization, everyone within that organization shifts up one level.

USING INCOME CLAIMS AS A RECRUITING TOOL

The Scarlet Maiden is only in the market to sell products, train and educate on the use of essential oils and should not be viewed as a business opportunity. You should not make false claims regarding earning potential in an effort to entice Affiliates to join.

INDEMNIFICATION

The Affiliate, as an Independent contractor, is fully responsible for all of his/her verbal or written statements regarding the product or service and opportunity which are not expressly contained in writing in the current Affiliate Agreement, Terms and Conditions, and advertising or promotional materials supplied directly by The Scarlet Maiden. Affiliates agree to indemnify The Scarlet Maiden and hold harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by The Scarlet Maiden as a result of an Affiliate’s unauthorized representations.

SALES RECORDS

The Scarlet Maiden Affiliates are asked to maintain accurate sales records and to provide the customer with a copy of the sales receipt for their records. Should any discrepancy arise due to a sales transaction, we would call upon the Affiliate to provide the appropriate order information to resolve the issue. All sales records should be kept for a period of 2 years.

PAYMENT

It is your responsibility to verify that funds or credit are available for payment to cover your orders. If credit is not available, the system may not approve the order, or your order will be held and you will be contacted. If funds are not made available within 7 days, the order will be cancelled and that sale will not count toward your personal sales volume.

ORDERING

You must place orders through your Affiliate replicated website. Individual customers may also place orders through your personal website.

INTERNATIONAL SALES AND RECRUITING

At this time, The Scarlet Maiden allows you to sell and recruit in the United States. We may add more countries in the future.

SALE OR TRANSFER OF A BUSINESS

Although your The Scarlet Maiden business is privately owned and independently operated, the sale, transfer or assignment of your business is subject to certain limitations. You must provide a written request to sell, transfer or assign your The Scarlet Maiden business. All sales or transfers of businesses are subject to the approval of The Scarlet Maiden.

REPORTING ERRORS

If you believe an error has been made in regards to commissions, bonuses, or the placement of an Affiliate in your downline, you are to send written notification to The Scarlet Maiden within 60 days of the date of the error or incident.

CHANGE OF ADDRESS OR TELEPHONE

In order to ensure no disruptions to your business operations, you should make any necessary changes to your information in the Affiliate Area (back office). If you require assistance with a change, please notify The Scarlet Maiden directly. Please be advised that a Change of Address Form must be submitted with the U.S. Postal Service.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://thescarletmaiden.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. The Scarlet Maiden reserves the right to end the Program at any time. Upon program termination, The Scarlet Maiden will pay any outstanding earnings accrued.

Termination

The Scarlet Maiden, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other The Scarlet Maiden service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. The Scarlet Maiden reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

INDEPENDENT CONTRACTOR STATUS

When you join The Scarlet Maiden as an Affiliate, you are an Independent Contractor. You are not purchasing a franchise or a business opportunity and your Agreement does not create an employer/employee relationship. As an independent contractor, you take sole responsibility for the operation of your business. You will establish your own goals, hours and methods of sales – subject to compliance with the Agreement, Terms and Conditions and applicable law. You will be responsible for paying all local, state and federal taxes owed from any compensations earned. In addition, The Scarlet Maiden will not withhold FICA or taxes of any kind from bonuses or commissions. All expenses incurred in developing your business are the Affiliate’s obligation and debts cannot be taken in the name of The Scarlet Maiden.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

By signing the Affiliate Agreement, you agree to release, discharge and hold harmless The Scarlet Maiden, and anyone directly affiliated with The Scarlet Maiden from any loss or damages, including costs and fees, incurred or suffered by you as a result of:

  • Your breach of the Affiliate Agreement (including these Terms and Conditions);
  • The improper promotion or operation of your The Scarlet Maiden business and any related activities;
  • Incorrect information provided by an Affiliate to The Scarlet Maiden;
  • Your failure to provide necessary information that The Scarlet Maiden needs to operate.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the The Scarlet Maiden will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of The Scarlet Maiden to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Scarlet Maiden and govern your use of the Service, superceding any prior agreements between you and The Scarlet Maiden (including, but not limited to, any prior versions of the Terms of Service).