Affiliate Program Terms + Conditions – Pivot Point International

Read Carefully Before Registering

To help Pivot Point Affiliate Program participants (each a “Participant”) fully understand the Affiliate Program benefits and commissions the following Terms and Conditions have been prepared as a reference. These provisions will govern participation in the Affiliate Program, and it is the Participant’s responsibility to read and understand all of them. Pivot Point International, Inc. (“Pivot Point”) may change the Affiliate Program rules, commissions, discounts, or conditions at any time without notice. Participation in the Affiliate Program, the awarding and redemption of commissions are void where prohibited by law and are subject to applicable government regulations. These Terms and Conditions are governed by the laws of the State of Illinois. These Terms and Conditions may only be modified in writing by Pivot Point. Member may access updated Terms and Conditions of Affiliate Program at [http://www.pivot-point.com/shop].

General Terms and Conditions

1. These Terms and Conditions May Change. Pivot Point may, among other things: change earning ability, withdraw, limit, modify or cancel the program at any time. Affiliate Program enrollment may take up to seven (7) business days. No retroactive Affiliate Program commissions will be awarded.
2. Eligibility. To enroll in the Affiliate Program, the Participant must submit a request for approval, be in good standing with Pivot Point and align with our Brand Standards (defined in section 5 below). Good standing is defined by having accounts paid on time. If your account becomes delinquent, the Participant will not be in good standing until the account is paid. The participant’s affiliate link must equate to a minimum of $750 annually with Pivot Point during the relevant Participation Review Period (defined in Section 4 below). Participants are only eligible to have one Affiliate Program link. Accounts cannot be shared or combined by more than one Participant. The Affiliate Program is offered to customers in the United States only.
3. Enrollment in Affiliate Program. Requests can be made to enroll in Affiliate Program at https://www.pivot-point.com/shop/. Participants must agree to terms and conditions for the request to be submitted. Upon review, a member from Pivot Point will approve or deny the request and a notification through SolidAffiliate will be sent to Requester. Additional information on how to set up the Participant portal through SolidAffiliate will be included in this communication. The participant will be automatically enrolled at Tier 1 (defined in Section 4 below).
4. Participation Levels. There are three (3) levels within the Affiliate Program, based upon annual revenue through the Participant’s individual affiliate link.

Participant’s level will be reviewed on January 1 of each calendar year and will be assigned the appropriate level based on the revenue from the Participant’s affiliate link, each a “Participation Review Period.” Participants who change levels will be notified of the change and the change will take place immediately. Any corresponding changes to commission structures will be effective on purchases on and after the date they are notified and will not be retroactive to previous purchases.

5. Payments. All affiliate payments will be made on a calendar quarterly basis. Payments will be made by the 15th of the month after quarter-end. Affiliate commission payments will only be made via PayPal.
6. Self-Purchases. All Participants receive 10% off the Retail Price. Participants will only receive a commission on purchases from referrals (see section 7 below for exclusions), not on purchases made by Participants.
7. Affiliate Program Exclusions. The following instances are excluded from our affiliate program and Participant will not receive commission:

• Products on sale.
• Products are included in a special promotion.
• Purchases are made using any other price tier other than Retail.
• Current excluded products as of 1/1/22 are Ellie, Lydia, Sandy & Mika. Products can be excluded at any time without advanced notice.

8. Pivot Point currently is using SolidAffiliate as the Affiliate Program software. Pivot Point reserves the right to change software providers at any time with a thirty (30) day written notice to Participants.
9. Termination of Affiliate Program. The Affiliate Program may continue until such time as Pivot Point at its sole discretion elects to designate an Affiliate Program termination date. Pivot Point has the right to end the Affiliate Program by providing written notice to then Active Participants thirty (30) days in advance. All commissions in the account will be paid within a thirty (30) day time period. An “Active Participant” is a Participant that has received Affiliate Program commissions, has provided, and maintained a valid email address, maintains annual revenue of at least $750 through an affiliate link, and whose account is in good standing in the most recent Participation Review Period. If the Participant fails to maintain an active, valid email address, or the account has been placed on credit hold, Pivot Point reserves the right to inactivate the Participant’s account. If Participant’s account is inactivated, Participant will no longer be an Active Participant and all Affiliate Program commissions will be forfeited thirty (30) days after Participant ceases to be an Active Participant. If Participant wishes to be a Participant in the Affiliate Program after Participant ceases to be an Active Participant, Participant must contact Pivot Point to re-enroll in the Affiliate Program.
10. Termination of Participation. Pivot Point may discontinue membership for any Participant who engages in the unauthorized sharing of affiliate codes or acts in an abusive manner (including but not limited to abusive behavior targeted at Pivot Point employees, affiliates, or abusive behavior via social media) or in a manner inconsistent with local, state, or federal laws. Pivot Point reserves the right to immediately terminate membership if a Participant does not comply with our Brand Standards, which include abusive behavior targeted at any individual via social media or affiliations with Brands that do not follow ethical manufacturing standards for hair products. Discontinued participation under this Section will result in the immediate loss of all accumulated Affiliate Program commissions, and the account will be closed. Pivot Point also reserves the right to deny future participation if Pivot Point deems Participant’s conduct to violate these Terms and Conditions. Pivot Point’s failure to insist upon or enforce Participant’s strict compliance with these Terms and Conditions will not constitute a waiver of any of Pivot Point’s rights.
11. Privacy Policy. The information Participant provides as a Participant of the Affiliate Program will be handled according to the Pivot Point Privacy Policy located at http://www.pivot-point.com.
12. Account Information. For information about the Participant’s membership, contact your Pivot Point Customer Support Representative at 847-866-0500.
13. Updates to Terms and Conditions. Pivot Point may, at Pivot Point’s discretion, change these Terms and Conditions, the Pivot Point Privacy Policy, or any aspect of the Affiliate Program participation. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. PARTICIPANT’S CONTINUED PARTICIPATION AFTER PIVOT POINT CHANGES THESE TERMS CONSTITUTES PARTICIPANT’S ACCEPTANCE OF THE CHANGES. IF THE PARTICIPANT DOES NOT AGREE TO ANY CHANGES, THE PARTICIPANT MUST CANCEL PARTICIPATION IN THE PROGRAM.
14. Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL PIVOT POINT OR PIVOT POINT’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE AFFILIATE PROGRAM. PIVOT POINT’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF PARTICIPANT’S REFERRALS SPENT ON QUALIFYING PURCHASES IN THE MOST RECENT 12-MONTH PERIOD. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE THE CANCELLATION OR TERMINATION OF THE PARTICIPANT’S PARTICIPATION IN THE PROGRAM. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO PARTICIPANTS, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO PARTICIPANTS, AND PARTICIPANTS MIGHT HAVE ADDITIONAL RIGHTS.
15. Dispute Resolution. In consideration for participating in the Affiliate Program, except for intellectual property claims, Participant agrees that if Participant has a dispute with Pivot Point about the Affiliate Program, Participant will try to resolve the dispute through negotiation with Pivot Point. If agreement cannot be reached through negotiation, the Participant agrees to seek resolution on an individual basis only through binding arbitration in the State of Illinois and that the laws of the State of Illinois will govern the substantive resolution of the matter. If for any reason a claim proceeds outside of binding arbitration, the laws of the State of Illinois will govern.