Reseller Terms and Conditions
FOREWORD
Our resellers are valued team members. We make every effort to treat you with the fairness and respect you deserve, and we ask for the same consideration of you. We have written the following reseller agreement to protect our company’s good name and yours. So please be patient as we take you through this legal formality.
If you have any questions, please do not hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at affiliates@tanyadoeshairllc.com. You can also reach us via phone at 1-720-461-9751.
Best regards,
Tanya G. Mason
Hair Restoration Clinician
Founder MyWaterExperience + MyWaterSolution
Tanya Does Hair, LLC
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming a MyWaterSolution™ reseller for TanyaDoesHair, LLC’s Reseller Program. The purpose of this Agreement is to
Please note that throughout this Agreement, “we,” “us,” and “our” refer to Tanya Does Hair, LLC, and “you,” “your,” and “yours” refer to the reseller.
2. Reseller Obligations
2.1. To begin the enrollment or application process, you will complete and submit the online MyWaterSolution™ reseller application available on the Tanya Does Hair, LLC website. The fact that we may auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. Rejected applicants will receive a refund of their annual membership. We may cancel or terminate your previously approved membership without a refund of your annual membership fee if we determine that your business and its online assets like website and social media, for example, is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, gender and gender identity, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “Tanya DoesHair, LLC“, “MyWaterSolution™“, or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that enable diversions of commission from other affiliates in our program.
2.1.9. Your website or any other website that you operate shall not explicitly or impliedly in a manner resemble our website nor lead customers to believe you are Tanya Does Hair, LLC, or any other affiliated business.
2.2. As a member of TanyaDoesHair, LLC’s Reseller Program, you will have access to the MyWaterSolution™ Reseller account portal. With the MyWaterSolution™ Reseller account portal, you can access all current and future reseller discounts and sales-boosting content.
2.3. Tanya Does Hair, LLC reserves the right, at any time, to review your placement and use of your MyWaterSolution™ marketing resources. We may request that you change the placement or use to comply with the guidelines we provided to you.
2.4. The maintenance and the updating of your website and social media will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date. We may notify you of any recommended changes that we feel would enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any copyrighted material, whether it be a writing, an image, or any other copyrightable work. We are not responsible (and you are solely responsible) if you use copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.6. Resellers agrees to sell MyWaterSolution™ products at price higher than on https://www.mywaterhairsolution.com/shop/mywater-beauty-solution/. MyWaterSolution™ may not be sold for less than the retail price listed. Any reseller found in violation of this policy will be terminated.
2.7. Resellers agree not to alter, damage, substitute, or otherwise tamper with the MyWaterSolution™, its packaging, or its content ingredients. Resellers agree to only sell unopened and sealed MyWaterSolution™ products to the reseller’s customers. Damaged products must be returned within 15 days of shipment for full replacement.
3. Tanya Does Hair, LLC’s Rights and Obligations
3.1. We have the right to monitor your website and social media at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the MyWaterSolution™ Reseller Program.
3.2. Tanya Does Hair, LLC reserves the right to terminate this Agreement and your participation in the MyWaterSolution™ Reseller Program immediately and without notice should you commit fraud in your use of the MyWaterSolution™ Resller Program or should you abuse this program in any way. If such fraud or abuse is detected, Tanya Does Hair, LLC shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Reseller application and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you, or if you do not renew your annual program membership.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and MyWaterSolution™ Reseller Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Tanya Does Hair, LLC’s MyWaterSolution™ Reseller Program following the posting of the change notice or new Agreement on our website will indicate your agreement to the changes.
6. Payment
N/A
7. Access to Affiliate Account Interface
During the application process, you will create a User ID and password to log into Tanya Does Hair, LLC’s secure reseller account interface.
8. Promotion Restrictions
8.1. You are free to promote your own websites, but naturally any promotion that mentions MyWaterSolution™ could be perceived by the public or the press as a joint effort. Any use of the MyWaterSolution name, image, logo, and other assets must include Your Business Name a MyWaterSolution™ Reseller.
Certain forms of advertising are always prohibited by Tanya Does Hair, LLC. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name and brand. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote MyWaterSolution™ as long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves/unsubscribe from future mailings. Also, you may post on social media to promote MyWaterSolution™ as long as the social media site welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Tanya Does Hair, LLC and the MyWaterSolution™ products. E.g. (Your Business Name a MyWaterSolution™ Reseller. ) If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the MyWaterSolution™ Reseller Program. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.
8.2. Affiliates that bid on Pay-Per-Click ad campaigns on keywords (either exclusively or in combination with other keywords) such as MYWater, TanyaDoesHairLLC, www.TanyaDoesHairLLC.com, and/or any misspellings or similar alterations of these –– must direct the traffic from such campaigns to their own website prior to re-directing it to ours. Resellers violating this policy will be considered trademark violators and will be banned from the MyWaterSolution™ Reseller Program. We will do everything possible to contact the reseller prior to the ban. However, we reserve the right to expel any trademark violator from our reseller program without prior notice, and on the first occurrence of such Pay-Per-Click bidding behavior.
8.3. Reseller shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets“ or “deceptive pop-ups and/or pop-unders“ to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited websites owned by Tanya Does Hair, LLC’s (e.g., no page from our site or any of MyWaterSolution™ content or branding is visible on the end-user’s screen). As used herein, “Parasiteware™“ and “Parasitic Marketing“ shall mean an application that
a) through accidental or direct intent causes the overwriting of reseller and nonreseller MyWaterSolution™ shop links and tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email;
b) intercepts searches to redirecting traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines);
c) set commission tracking cookies through loading of our site in IFrames, hidden links, and automatic pop ups that open Tanya Does Hair, LLC’s site;
d) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing.
8.4. Reseller shall exclusively use printed or digital marketing materials provided by Tanya Does Hair, LLC, for offline marketing and advertising. Access to product brochures and other marketing tools, are available in the Reseller portal and sent to you via email.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our e-commerce website through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Tanya Does Hair LLC’s MyWaterSolution™ Reseller Program. You agree that all uses of the Licensed Materials will be on behalf of Tanya Does Hair, LLC, and the good will associated therewith will inure to the sole benefit of Tanya Does Hair, LLC.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, titles, and interest to its respective rights, and no right, title, or interest is transferred to the other.
10. Disclaimer
TANYA DOES HAIR, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING TANYADOESHAIRLLC.COM WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF TANYADOESHAIRLLC.COM’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
11. Representations and Warranties
You represent and warrant that:
11.1. 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;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL TANYADOESHAIR, LLC’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless Tanya Does Hair, LLC, and its subsidiaries and affiliates, and their directors, officers, employees, agents, contractors, 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, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,“ will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Tanya Does Hair, LLC. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on in-person, telephone, email, written communications, your website or social media, or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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