ENCELIA HAIR AFFILIATE TERMS OF SERVICE

Effective Date: 07/24/2025

Welcome to Encelia Hair’s Affiliate Program!

These Terms of Service (“Agreement”) govern your participation in the Encelia Hair Affiliate Program (“Program”), operated by Encelia Hair LLC (“Encelia,” “we,” “our,” or “us”). By applying to and/or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by the terms and conditions below.

Please read this Agreement carefully before joining.

1. Program Overview

The Encelia Hair Affiliate Program allows eligible content creators, influencers, and marketers to earn commissions by promoting our products using personalized referral links, discount codes, or other tracking tools provided by Encelia Hair.

2. Eligibility

To participate, you must:

• Be at least 18 years old;
  
  
• Have an active and authentic online presence (e.g., social media, blog, YouTube, TikTok);
  
  
• Maintain content aligned with our brand values (i.e., no hate speech, discrimination, adult content, or misinformation);
  
  
• Accurately represent your identity and audience;
  
  
• Be accepted into the Program by Encelia Hair (approval is at our sole discretion and may be revoked at any time).
  
  

3. Enrollment and Account

If accepted into the Program, you will receive a unique referral link and/or custom discount code along with access to affiliate tracking and performance information.

You are responsible for maintaining the security and confidentiality of your affiliate account credentials.

4. Commissions and Payments

a. Commission Structure

• You will earn a commission on qualifying purchases made through your referral link or code.
  
  
• The current commission rate will be communicated during onboarding or in your affiliate dashboard.
  
  
• Commissions are based on net sales (excluding taxes, shipping, discounts, returns, or fraud).
  
  

b. Payouts

• Commission payouts are made monthly, typically within 30 days of the close of each calendar month.
  
  
• A minimum payout threshold (e.g., $25) may apply.
  
  
• Payments are made via PayPal, direct deposit, or another method provided by Encelia.
  
  
• You are responsible for any applicable transaction fees and for complying with your local tax obligations.
  
  

c. Returns and Chargebacks

• If a purchase is returned or charged back, any associated commission will be reversed or deducted from your future payouts.
  
  

5. Promotional Guidelines

As an Encelia Affiliate, you agree to:

• Disclose your relationship in all content and promotions (e.g., “I may earn a commission from purchases made through this link”);
  
  
• Comply with all FTC guidelines and any applicable advertising laws;
  
  
• Represent Encelia Hair and its products truthfully and accurately;
  
  
• Avoid making false claims about product results, pricing, or availability;
  
  
• Avoid bidding on brand-related keywords (e.g., “Encelia Hair”) for paid search or using Encelia trademarks in domain names, handles, or ad copy without written consent.
  
  

6. Prohibited Activities

You may not:

• Use affiliate links or codes for personal purchases;
  
  
• Engage in spammy or misleading practices (including bots, click fraud, or fake followers);
  
  
• Promote on coupon or deal sites without explicit permission;
  
  
• Misrepresent Encelia’s products, mission, or brand;
  
  
• Publish harmful or defamatory content targeting other companies solely to promote Encelia;
  
  
• Resell Encelia Hair products without authorization.
  
  

Violating these terms may result in termination from the Program and forfeiture of any unpaid commissions.

7. Intellectual Property & Content Usage Rights

You are granted a limited, non-exclusive, revocable license to use Encelia Hair’s trademarks, brand name, logos, product images, and promotional materials solely for the purpose of participating in the Affiliate Program. You agree not to alter, misuse, or misrepresent our intellectual property in any way.

By participating in the Program and creating any content (including but not limited to videos, photos, social media posts, testimonials, written reviews, or other promotional materials) that features or promotes Encelia Hair, you grant Encelia Hair LLC a worldwide, royalty-free, fully paid-up, irrevocable, transferable, sublicensable license to use, share, repost, reproduce, distribute, publicly display, modify, and otherwise utilize such content in perpetuity, across any platform or media channel (including but not limited to our website, social media, paid advertising, email, wholesale presentations, or packaging).

This license is granted without the need for further approval or compensation beyond any affiliate commissions outlined in this Agreement.

You confirm that any content you submit or publish does not infringe upon the rights of any third party, and that you have all necessary permissions and rights to grant the above license.

8. Exclusivity, Content Takedown, and Dispute Resolution

a. No Exclusivity
Participation in the Encelia Hair Affiliate Program is non-exclusive. You are free to promote other brands unless otherwise agreed in writing. However, you may not simultaneously promote or endorse competing wig grip or alternative hair brands using Encelia-provided content, trademarks, or codes, nor may you create confusion between Encelia and other brands.

b. Content Takedown Requests
If you wish for any content you’ve created and that has been shared by Encelia to be removed, you may submit a written request to [insert email]. While Encelia is not obligated to comply, we will review all requests in good faith. Any removal is at Encelia’s sole discretion and does not affect the perpetual license granted under Section 7.

c. Dispute Resolution
In the event of a dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter informally by email. If resolution cannot be reached within 30 days, the dispute shall be settled through binding arbitration conducted in [Insert City, State], in accordance with the rules of the American Arbitration Association. Each party will bear its own costs, and the decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.

9. Independent Contractor Status

You are joining the Program as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and Encelia.

You are solely responsible for all taxes and reporting related to your commissions.

10. Termination

Either party may terminate this Agreement at any time, with or without cause, by providing written notice to help@enceliahair.com.

Upon termination:

• You must immediately stop using any affiliate links, codes, and promotional materials;
  
  
• Commissions earned on qualifying sales before termination will be paid out, provided no fraud or breach has occurred;
  
  
• We reserve the right to withhold commissions if misuse or policy violations are identified.
  
  

11. Limitation of Liability

Encelia Hair is not liable for indirect, special, incidental, or consequential damages (including lost revenue or profits) arising out of or related to your participation in the Program.

122. Non-Disparagement and Morals Clause

a. Non-Disparagement
You agree not to make or publish any statement, online or offline, that may reasonably be interpreted as negative, defamatory, or harmful toward Encelia Hair, its products, team members, business practices, or reputation. This includes written, oral, and digital statements made through social media, email, public forums, or other channels.

Nothing in this clause is intended to restrict your right to express honest opinions or experiences, but such communications should be made respectfully and constructively, and in accordance with the terms of this Agreement.

b. Morals Clause
You agree to conduct yourself with integrity, professionalism, and respect while participating in the Encelia Hair Affiliate Program. Encelia reserves the right to terminate your participation immediately, without notice, if you engage in behavior that, in our sole judgment, reflects poorly on the Encelia brand or is inconsistent with our values. This includes (but is not limited to) hate speech, harassment, discrimination, fraud, unlawful activity, or promoting harmful or misleading content.

13. Changes to the Program

We reserve the right to modify these Terms or the Program structure at any time. You will be notified via email or through your affiliate dashboard. Continued participation in the Program constitutes your acceptance of any changes.

14. Governing Law

This Agreement will be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in San Diego, California.

15. Contact Us

For questions or concerns regarding this Agreement or your affiliate account, please contact:

Encelia Hair LLC
Email: help@enceliahair.com
Website: www.enceliahair.com

By applying to and participating in the Encelia Hair Affiliate Program, you confirm that you have read, understood, and agreed to these Terms of Service.