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1. Enrollment and Approval

You must submit a complete affiliate application to participate. We review each application and may approve, decline, or revoke enrollment in our sole discretion. Approval is not guaranteed, and we may request additional information before activating your account.

You represent that the information you provide is accurate and that you are at least 18 years of age and legally able to enter into this Agreement.

2. Referral Code and Tracking

Upon approval, we issue you a unique referral code (or link). You agree to use only the code we provide and not to alter, obscure, or misrepresent it. We are responsible for tracking signups and purchases attributed to your code.

You will not earn commissions on purchases you make for yourself, on fraudulent transactions, or on transactions that are later refunded or charged back.

3. Commissions and Payment

You earn a recurring commission of twenty percent (20%) on paid membership subscriptions attributed to your code, for as long as the referred member remains an active paying subscriber, and on ESMÉ Cosmetics & Plus store purchases made with your code, subject to any posted program terms.

Commissions are calculated on the net amount actually received by ESMÉ, excluding taxes, fees, and refunds. We pay accrued commissions through your designated payout method once they meet any published minimum threshold. You are responsible for any taxes owed on commissions you receive.

4. Promotion and Conduct

You will promote ESMÉ honestly and lawfully. You will not make misleading claims, guarantee outcomes, or represent yourself as an employee or agent of ESMÉ. You must comply with all applicable advertising laws, including clear disclosure of your affiliate relationship where required (such as #ad or equivalent).

You will not bid on ESMÉ branded terms in paid search, use unsolicited spam, or engage in any deceptive or intrusive marketing. We may require you to stop or modify any promotional content that we believe harms the ESMÉ brand.

5. Intellectual Property

We grant you a limited, non-exclusive, revocable license to use ESMÉ logos, marks, and approved materials solely to promote ESMÉ under this Agreement. You will not modify our marks or use them in a way that suggests endorsement of unrelated products. All ESMÉ intellectual property remains our property.

6. Privacy and Data

You will not collect or misuse personal data about referred users. Any analytics, emails, or contact information you receive through your promotional channels must be handled in compliance with applicable privacy laws. We do not share personally identifying information about referred members with you beyond what is needed to confirm commissions.

7. Term and Termination

This Agreement begins on approval and continues until either party ends it. You may stop promoting at any time. We may suspend or terminate your enrollment for any reason, including breach of this Agreement, with notice. Upon termination, you must stop using our marks and code, and you forfeit commissions earned after the termination date.

8. Disclaimers and Limitation of Liability

ESMÉ services are provided on an as-is basis. To the fullest extent permitted by law, ESMÉ is not liable for indirect, incidental, or consequential damages arising from this Agreement, and our total liability is limited to the commissions paid or payable to you in the preceding three (3) months.

9. General Terms

This Agreement is governed by the laws of the State of Texas without regard to conflict-of-laws principles. If any provision is found unenforceable, the rest remain in effect. We may update this Agreement by posting a new version; continued promotion after a change constitutes acceptance of the updated terms.