Terms and Conditions for the Orisha Naturals SRL Affiliate Program

To apply, access afiliere.orisha.ro

Preamble. Definitions

Affiliate: A natural or legal person who participates in the Orisha Naturals SRL affiliate program, promoting the company's products to its community and earning a commission for sales generated through its unique affiliate link or code.

Content creator: A person or entity that creates and shares original content in the form of text, photos, video, audio, or other media forms, often through online platforms.

Commission: The amount of money an affiliate receives for sales generated through their link or unique affiliate code, calculated as a percentage of the sales value of Orisha Naturals SRL products purchased by customers.

Force Majeure: An event or circumstance that is beyond the reasonable control of a party that prevents that party from performing its obligations under this agreement. These include, but are not limited to, natural phenomena such as earthquakes, floods or other natural disasters, wars, revolutions, embargoes, devastating fires or blockages of technological functionality due to external factors.

Content/Post: Media created and shared by an affiliate for the purpose of promoting Orisha Naturals SRL products. This may include, but is not limited to, text, photos, video, or audio.

Intellectual Property: The legally recognized rights over creations of the mind, such as inventions; literary and artistic works; designs; symbols, names and images used in commerce. In the case of this agreement, it refers to all marketing materials and content generated by affiliates to promote Orisha Naturals SRL products.

Termination: The process by which this agreement is canceled or terminated, either at the initiative of Orisha Naturals SRL or that of the affiliate, in accordance with the terms and conditions specified in this agreement.

Products: Goods sold by Orisha Naturals SRL that are available for promotion through the affiliate program.

Unique Affiliate Code: A special code generated and assigned to each affiliate, used to track the sales generated by them.

Affiliate Link: A unique URL assigned to each affiliate, used to track sales generated by the affiliate.

Return: The process of returning a product purchased by a customer to Orisha Naturals SRL, under the conditions established by the company's return policy.

Platform: The website or online application through which Orisha Naturals SRL administers the affiliate program and which the affiliate uses to sign up, track sales, receive commission and access marketing materials.

General understanding

By enrolling in the Orisha Naturals SRL Affiliate Program, you agree to comply with and adhere to the following Terms and Conditions.

Registration

2.1. Registration in the Orisha Naturals SRL Affiliate Program is open to anyone over 18 years of age and is a content creator (either owns an active website or blog or regularly posts relevant content on social networks) or works in the beauty industry. The Affiliate can function as a legal entity or as an Authorized Natural Person with an object of activity in advertising, marketing, Hairdressing and other beauty activities, Body Maintenance Activities or any other object of activity that allows the promotion of products sold on our store.

2.2. Acceptance into the Affiliate Program is at the discretion of Orisha Naturals SRL, based on the evaluation of the applicant's page(s). Applications are reviewed by Orisha Naturals SRL, and if approved, the applicant will receive a unique discount code to share with members of their community. This code will provide a discount for any order placed through the Orisha Naturals online store. The discount is cumulative with any other active promotion in our store.

2.3. We do not accept sites or blogs with obscene, violent, defamatory content or content that may harm the reputation of Orisha Naturals SRL.

Payments and Commissions

3.1. The affiliate will receive a commission for each product sold and not returned using the discount code. The commission may vary from product to product and may be adjusted periodically. The commission level, sales made based on the individual code are permanently updated in the affiliate's account on our platform.

3.2 Commission calculation method. Returns and refunds to consumers

In the event that a customer decides to return a product, the return policy of Orisha Naturals SRL applies. The details of this policy are available on our website on the Return Policy page.

If a customer is not satisfied with the product and chooses to return it used, Orisha Naturals SRL offers a 50% refund of the product value, according to our customer satisfaction program called Unhappiness Compensation.

Any commissions paid for sales that were subsequently returned or cancelled will be deducted from the commission due to the affiliate in the next pay period. The commission is calculated based on the amount actually collected from the customer (the difference between the purchase amount minus the amount returned to the customer).

Orisha Naturals SRL reserves the right to modify this policy at any time, with prior notice to the affiliate.

3.3. Commissions will be displayed in real time on our platform, where the Affiliate can track purchases made with their discount code.

3.4. Commissions will be paid monthly. For amounts less than 100 lei, a fee of 7 lei will be charged.

3.5. Commissions will be paid at the end of each calendar month, with a 30-day delay to allow for returns and cancellations.

3.6. All payments will be made by bank transfer.

3.7. If the Affiliate chooses to operate as an Authorized Individual (PFA) or as a Limited Liability Company (SRL), Orisha Naturals SRL will notify the Affiliate for the issuance of the invoice by the Affiliate before payment is made. Alternatively, the Affiliate may opt to receive compensation based on a royalty agreement. In this case, it is the Affiliate's responsibility to comply with all tax and legal obligations associated with its business option. Orisha Naturals SRL is not responsible for the Affiliate's tax or legal compliance.

AFFILIATE RIGHTS AND OBLIGATIONS

4.1. Affiliate Rights:

The Affiliate is entitled to benefit from all the advantages mentioned in this Affiliate Program, including the commissions and rewards granted for sales generated through the use of his/her affiliate code.

The affiliate has the right to have access to the dedicated platform where he can track in real time the purchases made with his discount code and view the related commissions.

The Affiliate has the right to terminate their participation in the Affiliate Program at any time, with a prior notice of 15 business days sent to Orisha Naturals SRL.

4.2. Affiliate Obligations:

The Affiliate is obliged to comply with the terms and conditions of the Affiliate Program, as well as applicable laws.

The Affiliate is obliged not to use the marketing materials and confidential information received within the Affiliate Program for purposes other than those specific to the Program.

The Affiliate is obliged to ensure that all information provided to Orisha Naturals SRL is correct and complete and to inform Orisha Naturals SRL of any changes to this information in a timely manner.

The Affiliate is responsible for declaring and paying all taxes due as a result of the commissions received through participation in the Affiliate Program.

RIGHTS AND OBLIGATIONS OF ORISHA NATURALS SRL

5.1. Orisha Naturals SRL rights:

Orisha Naturals SRL has the right to modify the terms and conditions of the Affiliate Program, with prior notification to the Affiliate.

Orisha Naturals SRL has the right to terminate an Affiliate's participation in the Affiliate Program if the Affiliate violates the terms and conditions of the Program.

Orisha Naturals SRL has the right to request documents and information from the Affiliate to verify the Affiliate's compliance with the terms and conditions of the Affiliate Program.

5.2. Obligations of Orisha Naturals SRL:

Orisha Naturals SRL is obliged to provide the Affiliate with all marketing materials and information necessary to participate in the Affiliate Program.

Orisha Naturals SRL is obliged to calculate and pay the Affiliate's commissions correctly and on time, according to the provisions of the Affiliate Program.

Orisha Naturals SRL is required to comply with all applicable laws regarding the operation of the Affiliate Program.

Content Creation. Responsibilities and Obligations

6.1. The Affiliate is responsible for the development, operation and maintenance of its website or its communication channels and for all materials appearing on it.

6.2. Orisha Naturals SRL is not responsible for the content or materials of the affiliate's website or channels.

6.3. The Affiliate undertakes not to advertise through unfair or deceptive means.

Orisha Naturals SRL expects the Affiliate to create content in accordance with the principles of good conduct, ethics and morality. No discrimination of any kind is accepted.

6.4. Orisha Naturals SRL reserves the right to immediately terminate the collaboration with any Affiliate who does not comply with these rules, and may cancel the discount code at any time.

6.5. The affiliate will receive from Orisha Naturals SRL a welcome voucher and PR packages with our products.

6.6. Orisha Naturals SRL reserves the right to review and explicitly approve any use of our marketing materials by the Affiliate.

Intellectual Property

7.1. All intellectual property rights in connection with the content and marketing materials provided by Orisha Naturals SRL, including, but not limited to, trademarks, copyrights and other intellectual property rights, remain the exclusive property of Orisha Naturals SRL.

7.2. Orisha Naturals SRL grants the Affiliate a non-exclusive, revocable license, without the right to sublicense, to use Orisha Naturals SRL marketing materials and content in accordance with these Terms and Conditions and solely for the purpose of promoting the Affiliate Program.

7.3. The Affiliate must not modify, adapt, translate, create derivative works, decompile, reverse-engineer, disassemble or otherwise attempt to discover the source code of the marketing materials or other content of Orisha Naturals SRL.

7.4. Content created by the affiliate that refers to Orisha Naturals SRL or its products remains the exclusive property of the affiliate. By accepting these Terms and Conditions, the affiliate implicitly agrees that Orisha Naturals SRL may repost the materials on its own communication channels. The affiliate has the right to withdraw this agreement at any time by sending a private message with the text "STOP REPOST", and Orisha Naturals SRL will comply with this request.

7.5. The Affiliate guarantees that it has all necessary rights to grant the licenses mentioned in this section and that the use of the Affiliate-generated content by Orisha Naturals SRL will not infringe the intellectual property rights or other rights of third parties.

7.6. Orisha Naturals SRL reserves the right to request the cessation of the use of any material if it considers that its use by the Affiliate is detrimental to our brand or reputation.

Termination

8.1. Orisha Naturals SRL reserves the right to terminate an affiliation agreement with any Affiliate who does not comply with the Terms and Conditions presented here, at its sole discretion, with prior notice to the Affiliate by e-mail or any other means of communication.

8.2. The Affiliate may terminate this agreement at any time, for any reason, with written notification by email to Orisha Naturals SRL.

8.3. Upon termination of the Agreement, all licenses granted by Orisha Naturals SRL to the Affiliate shall immediately terminate and the Affiliate must immediately cease any use of the trademarks, marketing materials, and any other content of Orisha Naturals SRL.

8.4. All unpaid commissions and other amounts due to the Affiliate up to the termination date will be paid on the next scheduled payment.

Modification of Terms and Conditions

9.1. Orisha Naturals SRL reserves the right to modify any of these Terms and Conditions at its absolute discretion and without obligation to provide justification for such modifications.

9.2. Orisha Naturals SRL will notify the Affiliate by e-mail or other means of communication of any significant changes to the Terms and Conditions at least 14 days before the changes come into force.

9.3. If the Affiliate does not agree with the changes made to the Terms and Conditions, the Affiliate has the right to terminate this Agreement with immediate effect. The Affiliate's continued use of the Affiliate Program after the entry into force of the significant changes will be deemed as the acceptance by the Affiliate of such changes.

Force Majeure

10.1. Any unforeseen and insurmountable circumstance, independent of the will of the parties, which makes it impossible for each party to fulfill its obligations, shall be considered force majeure.

10.2. The parties shall be exempted from fulfilling their obligations in the event of force majeure. If the force majeure does not cease within 3 months of its notification, either party may terminate this contract.

Data Protection

11.1. Orisha Naturals SRL is committed to complying with all applicable laws and regulations regarding data protection, including the General Data Protection Regulation (GDPR).

11.2. All personal information of the affiliate, collected within the framework of this affiliate program, will be treated confidentially and securely. Orisha Naturals SRL will use this information only for the purpose of managing the Affiliate Program and to fulfill its contractual obligations towards the affiliate.

11.3. Orisha Naturals SRL will not disclose the affiliate's personal information to third parties, unless this is necessary to fulfill its contractual obligations or if required by law.

11.4. Orisha Naturals SRL will retain the affiliate's personal data only for the period necessary to fulfill the purposes for which they were collected or to the extent permitted by law.

11.5. The Affiliate has the right to request access to, rectification or erasure of personal data or restriction of processing, as well as the right to object to processing and the right to data portability. Any such requests should be addressed by e-mail to the contact address provided by Orisha Naturals SRL.

11.6. The Affiliate has the right to file a complaint with the National Supervisory Authority for Personal Data Processing if he considers that the processing of his personal data violates the GDPR.

Confidentiality

12.1. All information that the Affiliate receives in connection with the Orisha Naturals Affiliate Program, including, but not limited to, the commission level, is considered confidential. The Affiliate undertakes not to disclose this information to third parties and to use it only for the purpose of participating in the Affiliate Program.

12.2. The confidentiality obligation shall not apply to information that (i) was already in the public domain at the time of disclosure; (ii) becomes public through no fault of the Affiliate; (iii) is disclosed with the prior written consent of Orisha Naturals SRL; or (iv) is required to be disclosed pursuant to laws, regulations, or orders of a court or other governmental authority.

12.3. The confidentiality obligation shall survive the termination of this Agreement. Any breach of the confidentiality obligations may result in the immediate termination of the Affiliate's participation in the Affiliate Program and/or other legal measures.

12.4. Orisha Naturals SRL reserves the right to update or change these privacy terms at any time, with prior notice to the Affiliate. Continued participation in the Affiliate Program after any changes are made will constitute acceptance by the Affiliate of such changes.

DISCLAIMER OF LIABILITY

13.1. Orisha Naturals SRL does not guarantee or make any statement or promise regarding the Affiliate's earning potential within the Affiliate Program.

13.2. Orisha Naturals SRL will not be responsible for any damage, loss, expense or liability that the Affiliate may suffer as a result of the Affiliate's violation of any tax laws or other applicable regulations in connection with participation in the Affiliate Program.

Applicable Law and Jurisdiction

14.1. The provisions of this program are governed by the laws of Romania.

14.2. The competent courts of Romania will have exclusive jurisdiction over any disputes that may arise in connection with these Terms and Conditions.