Frequently Asked Questions
We are a company that offers professional beauty and wellness products you can use at home on your schedule.
It’s very easy. Just start your membership with one of our beauty or wellness starter kits. Following shipments will include disposable replacements for the beauty products such as paraffin wax or depilatory wax.
You can also just purchase a box of paraffin wax or depilatory wax and you can have replacements shipped to you on your schedule. It’s so easy, you choose your schedule for once a month, every 3 months, 6 months or yearly.
No, nothing at all. You just pay for what we ship you.
Yes, absolutely. Men and Women both prefer to use our beauty and wellness products to moisturize and heal.
Sorry, at this time we do not ship internationally. All our products are shipped to the 50 US states and Canada. Please check back in the future for any additional countries we will be shipping to.
It’s fairly easy and straightforward to return some items with Beauty Wax Club. Just login to your account, go to the my account page and click on the order section. You will see a list of your orders and there you will see a refund button you can click on to start the process. Wow! It is just that easy!
You can cancel at anytime, for any reason with just a few clicks on our site. It’s just that simple to leave but we hope you stay and use our products.
No free trial, but check out our current discounts with Elite Membership.
Sorry, at this time we do not ship bulk or wholesale orders. All orders are retail packed and shipped to consumers or spas/salons.
When a person signs up for an order with Beautywaxclub.com and pays full price for their first shipment, you earn $5 in Beautywaxclub credits. You can find your referral link on your account page, or by visiting the “Refer a Friend“, page. Get $5” from the Menu. From that page you can share the link on social media or email it to friends and family.
Shipping & Returns
At this time, we ship out all packages for free via USPS First Class Mail and/or Priority Mail. The free shipment rate only covers all 50 states. If you need the items faster than you can pay additional to have the items shipped via UPS 2nd day or Next Day Air. Shipments the Virgin Islands and Puerto Rico will pay USPS posted rates – no free shipping.
The time it takes for you to receive it depends on the distance you are currently located from the Philadelphia area. Packages could take anywhere from 1-7 days at this time.
If you have issues with our products or this website – please call us at 000-000-0000 or email us to firstname.lastname@example.org. Please allow us 24-48 hours to get back to you and immediately try to resolve your issues.
Sorry, at this time we do not ship internationally. Our products are only shipped to the US and Canada. Please check back in the future as international shipment options may be added to this site.
It is easy to return most products to our site. Just login into our site and visit the My Account page. Once there you can check you orders and there will be a refund button. Once you click on the refund button – you can continue the process of the return.
How to Order
It’s very easy. Just signup with an account. Once you have an account – just pick what you would like to purchase and put it your bag. Once you are completed then you can go to checkout and pay for the items you have put in your bag. The great thing now is that we offer an auto-ship program. Find out more in this section. Once you complete the payment section, you will be emailed a receipt and the order will be processed. Just that simple!
Join our auto ship program and enjoy the convenience of having your favorite Beautywaxclub products delivered to you automatically.
With Beautywaxclub auto ship, you receive a 5% discount off everyday low price, and the convenience of automatic deliveries. There are no commitments, obligations, or fees and you can cancel a subscription at any time.
- Choose the auto ship option when adding products to your basket
- Select your desired delivery frequency – 1 month, 3months, 6 months or yearly.
- Your favorite beauty and wellness products will be delivered to your door before you run out
Beautywaxclub Auto-Ship is a convenient way for you to get the products you want delivered without having to reorder.
You always have complete control over your deliveries and will receive reminder emails before orders are shipped.
There is never an obligation to continue. Change your delivery frequency and preferences anytime.
Changes to orders can be made anytime within 24 hours of the scheduled order shipment date.
Yes, we offer e-Gift Cards that can be purchased for personal use or gift to friends, family or anyone else you would like. The gift cards are sent immediately after payment. They will not expire. They can be used as a form of payment instead of credit cards. Please visit our Gift Card page for more.
For Credit and Debit Cards:
- Go to your Account Page
- Scroll down to Billing Information
- Click Edit
- Enter your new payment information and click Update.
- You’re all set!
- Go to your Account Page
- Scroll down to Billing information
- Choose PayPal.
- Follow through steps on PayPal.
- You’re all set!
Beautywaxclub.com (“Beautywaxclub“) operates beautywaxclub.com and may operate other websites. It is Beautywaxclub’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Beautywaxclub collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Beautywaxclub’s purpose in collecting non-personally identifying information is to better understand how Beautywaxclub’s visitors use its website. From time to time, Beautywaxclub may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Beautywaxclub also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on beautywaxclub.com blogs/sites. Beautywaxclub only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Beautywaxclub’s websites choose to interact with Beautywaxclub in ways that require Beautywaxclub to gather personally-identifying information. The amount and type of information that Beautywaxclub gathers depends on the nature of the interaction. For example, we ask visitors who sign up at beautywaxclub.com to provide a username and email address. Those who engage in transactions with Beautywaxclub are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Beautywaxclub collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Beautywaxclub. Beautywaxclub does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Beautywaxclub may collect statistics about the behavior of visitors to its websites. Beautywaxclub may display this information publicly or provide it to others. However, Beautywaxclub does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Beautywaxclub discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Beautywaxclub’s behalf or to provide services available at Beautywaxclub’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Beautywaxclub’s websites, you consent to the transfer of such information to them. Beautywaxclub will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Beautywaxclub discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Beautywaxclub believes in good faith that disclosure is reasonably necessary to protect the property or rights of Beautywaxclub, third parties or the public at large. If you are a registered user of an Beautywaxclub website and have supplied your email address, Beautywaxclub may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Beautywaxclub and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Beautywaxclub takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Beautywaxclub, or substantially all of its assets, were acquired, or in the unlikely event that Beautywaxclub goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Beautywaxclub may continue to use your personal information as set forth in this policy.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Beautywaxclub, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your beautywaxclub.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Beautywaxclub may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Beautywaxclub liability. You must immediately notify Beautywaxclub of any unauthorized uses of your blog, your account or any other breaches of security. Beautywaxclub will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Beautywaxclub or otherwise.
By submitting Content to Beautywaxclub for inclusion on your Website, you grant Beautywaxclub a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Beautywaxclub will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Beautywaxclub has the right (though not the obligation) to, in Beautywaxclub’s sole discretion (i) refuse or remove any content that, in Beautywaxclub’s reasonable opinion, violates any Beautywaxclub policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Beautywaxclub’s sole discretion. Beautywaxclub will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Beautywaxclub the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Beautywaxclub before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Beautywaxclub in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Beautywaxclub the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Beautywaxclub reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Beautywaxclub.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Beautywaxclub to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free beautywaxclub.com services. All support will be provided in accordance with Beautywaxclub standard services practices, procedures and policies.
- Responsibility of Website Visitors. Beautywaxclub has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Beautywaxclub does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Beautywaxclub disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which beautywaxclub.com links, and that link to beautywaxclub.com. Beautywaxclub does not have any control over those non-Beautywaxclub websites and webpages, and is not responsible for their contents or their use. By linking to a non-Beautywaxclub website or webpage, Beautywaxclub does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Beautywaxclub disclaims any responsibility for any harm resulting from your use of non-Beautywaxclub websites and webpages.
- Copyright Infringement and DMCA Policy. As Beautywaxclub asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by beautywaxclub.com violates your copyright, you are encouraged to notify Beautywaxclub in accordance with Beautywaxclub’s Digital Millennium Copyright Act (“DMCA”) Policy. Beautywaxclub will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Beautywaxclub will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Beautywaxclub or others. In the case of such termination, Beautywaxclub will have no obligation to provide a refund of any amounts previously paid to Beautywaxclub.
- Intellectual Property. This Agreement does not transfer from Beautywaxclub to you any Beautywaxclub or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Beautywaxclub. Beautywaxclub, beautywaxclub.com, the beautywaxclub.com logo, and all other trademarks, service marks, graphics and logos used in connection with beautywaxclub.com, or the Website are trademarks or registered trademarks of Beautywaxclub or Beautywaxclub’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Beautywaxclub or third-party trademarks.
- Advertisements. Beautywaxclub reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Beautywaxclub reserves the right to display attribution links such as ‘Blog at beautywaxclub.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Beautywaxclub reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Beautywaxclub may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Beautywaxclub may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your beautywaxclub.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Beautywaxclub if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Beautywaxclub’s notice to you thereof; provided that, Beautywaxclub can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Beautywaxclub and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Beautywaxclub nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Beautywaxclub, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Beautywaxclub under this agreement during the twelve (12) month period prior to the cause of action. Beautywaxclub shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Beautywaxclub, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Beautywaxclub and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Beautywaxclub, or by the posting by Beautywaxclub of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Pennsylvania, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Philadelphia, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Philadelphia, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Beautywaxclub may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Please read the agreement document below before registering and click the link at the bottom to indicate your acceptance of these terms.
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of Beautywaxclub.com, and the establishment of Links from your affiliate Web site to our Web site, “Beautywaxclub.com”. As used in this Agreement, “we” or “us” means Beautywaxclub.com, “you” or “your” means the applicant, and “Product” or “Products” means any and all items offered for sale by us on the Beautywaxclub.com.com web site.
- Enrollment in the Affiliate Program
To begin the enrollment process, you will submit a complete Affiliate Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable.
If we reject your application, you are welcome to reapply to the Affiliate Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time.
- Links on your site
As an Affiliate Site, we will make available to you a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individually, as a “Link”), which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Program and will establish a link from your site to ours. The Links may connect to different areas of our site.
In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. You also agree that you will display in your site only those graphic or textual images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Affiliate Sites shall display such graphic and/or textual images prominently in relevant sections of their site. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel, or functionality of our site.
You will only earn referral fees with respect to activity on our site occurring directly through said Links. We will not be liable to you with respect to any failure by you to use these Links, 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.
- Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
- Other Responsibilities and Opportunities of Affiliate Sites
(a) If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.
(b) Compliance with the Agreement: We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
- Commission Determination
Only Beautywaxclub.com Products that are (i) sold by us, (ii) purchased by users within 30 days of linking to our site from your site pursuant to a Link, (iii) shipped by us, and (iv) for which we have received full payment will qualify for a commission (each, a “Qualifying Purchase”). Commission rates will be based on the aggregate amount actually paid to us for Qualifying Purchases of the Beautywaxclub.com Products, excluding amounts collected by us for sales taxes, duties, shipping, handling, and similar charges, amounts due to credit card fraud and bad debt, and credits for returned goods (“Net Sales”). All available items on our site will be included in the computation of Net Sales.
The base commission rate on Beautywaxclub.com Products will be equal to 7.5 percent (7.5%) of Net Sales for Qualifying Purchases. Affiliate Sites that can demonstrate high traffic volume may qualify for premium level commission rates. The commission rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the commission rate.
- Commission Payment
We will pay you commissions on a quarterly basis. When the total commissions due to you (based on Section 5 above) exceeds fifty dollars ($50), we will send a commission check for the applicable commission (less any taxes required to be withheld under applicable law) and a statement of activity to you. However, if the referral fees payable to you for any calendar quarter are less than $50, we will hold those referral fees until the total amount due is at least $50 or (if earlier) until this Agreement is terminated. Such commission checks and statements of activity will be sent approximately thirty (30) days after the end of each calendar quarter.
- Reports of Sales
You will be given a password and have the ability to enter a password-protected web site to receive your sales statistics on a daily basis.
- Policies and Pricing
All customers who visit the Beautywaxclub.com site, including, without limitation, customers who buy Beautywaxclub.com Products through the Affiliate Program, will be deemed to be customers of Beautywaxclub.com. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and Beautywaxclub.com 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 Beautywaxclub.com Products sold under the Affiliate Program in accordance with our own pricing policies. Prices and availability of Beautywaxclub.com Products may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent.
- Obligations Regarding Your Site
(a) You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; creating and posting product reviews, descriptions, and references on your site and linking those descriptions to our catalog; the accuracy and propriety of materials posted on your site (including, but not limited to, all Beautywaxclub.com Product-related materials); ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.
(b) You shall not send any unsolicited email messages or “SPAM” regarding the Affiliate Program, our connection to the Affiliate Program, our products sold through the Affiliate Program, your connection to the Affiliate Program, or your products or services sold through the Affiliate Program. You will be found to be in violation of this Agreement if you send unsolicited mailings using any portion/feature of the Software/Service provided by Kowabunga! Technologies including an Affiliate Link and this Agreement will be terminated.
(c) We disclaim all liability for all matters for which you are responsible under this agreement. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
(d) You hereby agree that your site will not, in any way, copy or resemble the look and feel of our site nor will you create the impression that your site is our site or is a part of our site. You also hereby agree that your site will not contain any content of our site or any materials which are proprietary to Beautywaxclub.com, except (i) with our prior written permission, or (ii) materials which are obtained by you in accordance with the provisions hereof.
- Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate 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 our site, and all Beautywaxclub.com trademarks, logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn commission on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related Beautywaxclub.com Product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by changing this agreement as posted on our site. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new Agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING CHANGES TO THIS AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- Relationship of Parties
You and Beautywaxclub.com 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.
Beautywaxclub.com may cite your name or URL in connection with your participation in the program in materials including, but not limited to, postings on our site, newsletters, advertisements, and other communications.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Beautywaxclub.com Products sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, 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 interruptions or errors.
- Representations and Warranties
You hereby represent and warrant to us as follows:
(a) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
(b) The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) if you are a legal entity, any provision of your by-laws or certificate of incorporation or other organizational documents, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
(c) You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
(d) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
(e) There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
(f) You are an adult of at least 18 years of age.
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, selling and pricing procedures, trade secrets, including, without limitation, system designs, program materials (including source code and any documentation which has not been publicly distributed or disclosed), operating procedures equipment design, product specifications, and any other proprietary technology concerning us or you, respectively, or any of our Affiliates or Kowabunga! Technologies’ My Affiliate Program provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.
- Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Beautywaxclub.com and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, including, without limitation, violation of the policy prohibiting unsolicited emails/SPAM, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
- 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 AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
- Governing Law
This Agreement will be governed by the laws of the United States and the Commonwealth of Pennsylvania, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Philadelphia, Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. 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 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 a provision or any other provision of this Agreement.
- Paragraphs 10, 11, 14, 16, 17, 18, and 20 shall survive any expiration or termination of this Agreement.