Program Application

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Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 15.00%
As a We Are Fluide Rep, you will spread the word about the company and its products to your friends and followers and in exchange you'll earn affiliate commissions, discounted products and the opportunity to join our Rep community and be featured on We Are Fluide's website and social media.

We're looking for reps who are well-connected and have a strong presence and engaged following on social media. From hosting sampling stations and gifting free swag to flaunting We Are Fluide on your Insta story and shouting your rep link from the rooftops, we want reps who are excited to spread the Queer Beauty Revolution!
This Agreement contains the terms and conditions upon which we offer you 
participation in the We Are Fluide Affiliate Program
 (the “Program”). The Program is being managed by Refersion, our affiliate 
marketing platform, to facilitate relationships with our affiliates and to
 provide tracking, reporting, and management of commission payments. Acceptance 
of this Agreement by participation in the Program creates a binding legal
agreement between Fluide, Inc. (“Fluide”) and you. As used in this Agreement, "we" or “us”means We Are Fluide, "you" means the participant in the Program, and
"our Website” means This Agreement supplements the
 Terms and Conditions, and Privacy Policy which are incorporated by this

1.Enrollment In The Program
The purpose of the Program is to promote the sale of products offered on our Website. 
To begin the enrollment process, you must submit an application through the Program Registration Page at When you provide information during the registration process, you agree to provide only true, accurate, current and
 complete information and to update it as necessary to maintain its truth and
accuracy. We will evaluate your application and notify you of your acceptance 
or rejection. We may reject your application for any reason in our sole
 discretion. If we 
reject your application, you are welcome to reapply to the Program at any time
for our reconsideration.

2. Program Links To Our Website
If you have been notified that you have been accepted into the Program we may, at 
our option, enable you to provide on your Website one or more of the following 
types of links to our Website: Affiliate Links, Coupon Codes or Email Triggers
 (collectively, “Program Links”). These links are to permit accurate tracking,
reporting and accrual of commissions and may be provided to you in the Program
 Registration Page on our Website.
You must ensure that each link between your website and our Website is a Program 
Link. You will earn commissions on sales that originate through Program Links. 
In order for you to be eligible for a commission on any purchase (including
 future purchases by a repeat customer), the customer must log in to through your Program Link and complete the purchase before 
logging out. We are not responsible for any failure by you to use Program
Links. Because of the difficulty verifying other purchases by customers you 
refer to us, we will not pay commissions unless you use Program Links. Finally, 
please note that you may only earn commissions by referring customers to

3.Use of Content
We may provide you with product images, graphics, logos and other content (“Content”)
 through the Program Registration Page on our Website. Any content that we provide to you is the property of Fluide, inc. or its content 
suppliers and is protected by United States and international copyright laws.
 We grant you a limited, nonexclusive, full paid, revocable right to use the
 Content solely for purposes of your participation in the Program. You may not
sublicense any Content to any other person or party. Content cannot be used in
 any form other than the form provided by us. 
We reserve all of our rights in the Content. You may not: (a) alter,
modify or change any Content or create any derivative Content; (b) use Content
 in any form other than that provided by us; (c) remove any code or identifying 
information from any Content; (d) inactivate a link associated with any Content
or cause the Content to link to a destination other than our Website; or (e)
link to or display any Content that describes a product after it has been 
discontinued from the product catalog.

4. Trademark License; Use of Trademarks
You understand and agree that Fluide is the sole and exclusive owner of the 
entire right, title and interest in and to the “Marks”.  The defined term "Marks" means the 
following trademarks:  "We Are Fluide" and "Make Up the Rules", the 
associated logo and any components or variations thereof, and any other
 trademarks that we own. You have no right to use the Marks except as
 specifically granted in this Agreement. You shall make no use of any Mark
except in the form authorized by us. You shall not adopt or use any name, mark,
 logo, insignia or design that is, or is likely to be, confusingly similar to or
could cause deception or mistake with respect to any of the Marks. You shall
 not attack the validity of any of the Marks or of our title to any of the Marks
 at any time, whether during or after the term of this Agreement. You shall not
 apply for (or aid or abet others to apply for) registrations in the United 
States or in any foreign country of any mark or design which includes the Marks 
(or any variations of them), alone or in combination. The goodwill resulting 
from your use of the Marks (as well as any variations of the Marks) shall inure 
to our benefit.
You shall not purchase or register domain names that include the Marks or any
variations and misspellings of the Marks. Furthermore, you shall not purchase
or bid on search engine keywords, AdWords, search terms, or other identifying
 terms (whether for use in a search engine, portal, sponsored advertising
 service or other search or referral service) that include the Marks, any
 components of the Marks, or any variations and misspellings of the Marks. You
 may use the Marks solely for the purposes authorized by this Agreement. You may
 not alter graphics containing the Marks in any manner. For example, you may not 
change the proportion, color, or font of the Marks. You may not display the
 Marks in any manner that implies sponsorship, endorsement by us other than of
 your involvement in the Program. You may not use the Marks to disparage our 
company, our products or services, or in a manner which, in our reasonable 
judgment, may diminish or otherwise damage our goodwill in the Marks. You
 acknowledge that all rights to the Marks are our exclusive property, and all 
goodwill generated through your use of the Marks will inure to our benefit.
You may not use or display any of our Marks or logos or trademarks in your profile
 on any social media site.  You 
may not dilute or damage the value of our trademarks, and/or products and 
services. You may not misrepresent Fluide's brands including our URL,
logos, trademarks and trade names, or misrepresent that either you or your
 website are or operated by
If we determine that you have violated any of the foregoing restrictions, we may
 (without limiting any other rights or remedies available to us) withhold any
commission otherwise payable to you under this Agreement and/or terminate this
 Agreement. If we are required to enforce any of the foregoing restrictions, you
 will be obligated to reimburse us for any attorneys' fees and expenses we may 

5. Additional Program Restrictions
Be courteous and polite when you are promoting Fluide. Any affiliate using 
illegal or unethical marketing methods or spam will be immediately terminated 
from the Program. You agree to the following restrictions:
(a) You must follow common search engine guidelines, such as: (1) your display URL
must match the ultimate actual destination URL; (2) you may not frame our 
website as a landing page; and (3) you may not create "redirects" or
"jump pages" that immediately direct to our website.
(b) You may not engage in any conduct that violates the CAN-SPAM Act of 2003, as
amended, or any privacy or data protection law of any jurisdiction.
(c) You may not enable any sales that are not in good faith, such as using any
 device, public coupon site, program, robot, Iframe, hidden frame or redirect.
(d) You may not use any device or technology that will replace, intercept, 
interfere, hinder, disrupt or otherwise alter in any manner a Web user's
access, view or usage of, our Website or of any affiliate of ours in a manner
 that causes or otherwise results in a different experience from what was 
otherwise intended by our affiliate.
(e) You may not use any device or technology that will block, alter, direct, 
redirect, substitute, insert, or otherwise intercept or interfere in any manner
with any click through or other traffic-based transaction that originated from
 the website of any affiliate of ours with the result of reducing any
 compensation or other payment earned by or owing to such affiliate.  
(f) You may not issue or post any press release or other broad-based communication 
regarding your participation in the Program unless you receive our prior 
written consent. You may promote your website via mailings to recipients who
 are customers or subscribers to your website's services, provided that the
 recipients have the option to remove themselves from future mailings and that 
you otherwise comply with all applicable laws of your jurisdiction. Further, 
you may promote your website via newsgroup postings to newsgroups that welcome 
commercial messages.   
(g) You may promote your affiliate store
 on social media platforms provided that you use the correct and appropriate
 name and brand likeness. This includes the following:
(1) Correct spelling and capitalization of our brand's name - We Are Fluide;
(2) When tagging us in social media posts, you must utilize our correct handle
which is: @fluidebeauty
(3) You are not required to include our hashtags but if you do, ensure that you use 
the correct form: #fluidefam 
(h) We do not permit any promoters of coupons or other discounts to join the
 Program. No commissions shall be payable to any such parties. The Program is
 void where prohibited.
We reserve the right to modify these rules at any time. If we determine, in our 
sole discretion, that you have violated any of the foregoing restrictions, we 
may withhold any commission otherwise payable to you under this Agreement
 and/or terminate this Agreement. If we are required to enforce any of the 
foregoing restrictions, you will be obligated to reimburse us for any
attorneys' fees or expenses that we may incur.

6. Order Processing
We will process product orders placed by customers who follow a Program Link from
 your website to our Website. We reserve the right to reject orders that do not
 comply with any requirements that we may establish. We will be responsible for 
all aspects of order processing and fulfillment. Through Refersion, our affiliate marketing platform, we will
 track sales made to customers who purchase products using Program Links and 
will make available to you reports summarizing this sales activity. You will 
not receive any of our individual customer information.

7. Payments
You will be eligible to earn affiliate payments on certain product sales in 
accordance with Section 8 below. For a product sale to be eligible for
 payments, the customer must follow a Program Link from your website to our
 Website, select and purchase the product using our service provider’s shopping
 platform, accept delivery of the product at the shipping destination, and remit
full payment to us. No affiliate payments will be paid if the visitor to the 
affiliate’s website cannot be tracked by our system.

8. Earning Affiliate Payments
We may pay affiliates based on a percentage of sales, a flat rate, or a tiered 
commission structure. The payment method and percentage is subject to change 
from time to time, in our sole discretion. Certain affiliates may receive 
offers to be paid under different commission structures as we may determine
from time to time. If a product that generated commissions is returned by the
customer, we will deduct the corresponding commission from your next commission
 payment. All commission related data under the Program is collected, calculated
 and managed by Refersion, our affiliate marketing platform, and its data will
 be the only valid basis used for determining commissions.
9. Length of Cookie Purchase Period
Our Program uses a thirty (30) day cookie purchase period. This means that if a
 visitor to your website clicks through a Program Link to our Website, you will 
be eligible for commissions related to purchases made by your visitor within 
thirty (30) days of its click on the Program Link on your website. We will pay
 commissions to only one affiliate for purchases associated with a given cookie.
 To the extent multiple affiliates request payments, Refersion shall determine
 which affiliate to pay. Its decision shall be final and binding. We may change
 the length of our cookie period from time to time.

10. Commission Payments
No commissions will be paid to you until you have accrued affiliate payments of at least 
$20.00. Any money held in your account will not collect interest. Subject to
 the foregoing, we will pay commissions on a quarterly basis. Sixty (60) days 
following the end of each quarter, we will pay commissions to you through 
PayPal or we may give you a gift card at your option. You authorize us to share
 with PayPal such information and other transaction information necessary for our 
use of the payment processing services provided by PayPal.
If a product that generated commissions is returned by the customer, we will
 deduct the corresponding commission from your next commission payment. If there 
is no subsequent affiliate payment to you, we will send you a bill for the 
Affiliate accounts that are “abandoned” will be removed from the Program if their balance 
is less than $20. An abandoned account is any account that has not been logged 
into for a period of one (1) year without any transactions having 
been posted to that account.

11. Customer Policies And Pricing 
Customers who buy products through the Program are customers of All of 
our rules, policies, and operating procedures concerning customer orders,
 customer service, and product sales will apply to those customers. We may 
change our policies and operating procedures at any time. For example, we will
 determine the prices to be charged for products sold under this Program in
 accordance with our own pricing policies. Product prices and availability may
 vary from time to time. We will use commercially reasonable efforts to present 
accurate information, but we cannot guarantee the availability or price of any 
particular product. 

12. Special Rules for Endorsements
All endorsements made by you in connection with any promotions of any product will
 be accurate and contain all disclosures and disclaimers necessary to prevent
 such endorsements from being false or deceptive. Such disclosures and
 disclaimers must be made in a clear and conspicuous manner, and comply with all 
U.S. federal and state laws, including U.S. Federal Trade Commission
 ("FTC") regulations, policies and guidelines governing advertising, 
disclosure and consumer protection, including the FTC's Endorsement Guidelines. 
The Guidelines may be found here:

13. Responsibility For Your Website 
You will be solely responsible for the development, operation, and maintenance of 
your website and for all materials or content that appear on your website. You 
are responsible for ensuring that materials posted on your website do not 
infringe the intellectual property rights of any person or entity. You must
 have express permission to use another party's intellectual property. We will
 not be responsible if you use another party's intellectual property in
violation of their rights. You will indemnify and hold us harmless from all
claims, damages, and expenses (including, without limitation, attorneys' fees) 
relating to the development, operation, maintenance, and contents of your 

14. Data Protection
If you receive any personal identifying information from our customers (“PII")
 or process such PII under the Program, you warrant, represent and covenant to
 us that you will comply with all applicable privacy and data protection, laws,
 rules and regulations. You agree to implement appropriate systems and processes 
to comply with this requirement. As such you shall establish and maintain
physical, electronic and procedural safeguards to prevent the unauthorized 
access, use, copying, disclosure, modification, transference, destruction, loss,
 or alteration of any PII during your use, transmission or storage of any such 
PII under the Program.
If you receive any PII from our customers, you will: (1) indemnify us for any
 claim, expense, demand or cost related to your receipt or use of such information 
or violation of any privacy law or regulation; (2) upon request, provide us 
with information sufficient to demonstrate your compliance with this section,
and allow us to audit your data practices if necessary in our sole discretion; and (3) manage such
 PII as we may direct.

15. Term
The term of this Agreement will begin upon our acceptance of your Program 
Application and will end when terminated by either party. Either you or we may 
terminate this Agreement at any time, with or without cause, by giving the 
other party written notice of termination. Upon the termination of this 
Agreement, you will immediately cease use of, and remove from your website, all
 Program Links, the Content, all of our Marks, and all other materials provided
 by us in connection with the Program. You are only eligible to earn commissions
 during the term of this Agreement, and commissions earned through the date of
termination will remain payable subject to Section 8 above. We may withhold
y our final payment for a reasonable time to ensure that the correct amount is 

16. Modification
We may modify any provision of this Agreement at any time by posting a change
 notice or a new agreement on our Website. We may also announce changes to the 
terms of this Agreement by email. If any modification is unacceptable to you,
 your only recourse is to terminate this Agreement. Your continued participation 
in the Program following our posting of a change notice or new agreement on our 
Website will constitute your acceptance of the change.

17. Limitation Of Liability; Indemnification
We will not be liable for indirect, special, or consequential damages (or any loss 
of revenue, profits, or data) arising in connection with this Agreement or the
 Program, even if we have been advised of the possibility of such damages. 
Further, our aggregate liability arising with respect to this Agreement and the
 Program will not exceed the total commission fees paid or payable to you under 
this Agreement within the last six (6) months. Unless you notify us of a 
discrepancy in your commission payments within six (6) months from the date of 
the applicable payment, such payment shall be deemed accepted and no protest 
shall be allowed.  
You hereby agree to indemnify and hold harmless Fluide, inc. (We Are Fluide) and its subsidiaries and 
affiliates, and their directors, officers, employees, agents, and shareholders 
against any and all claims, actions, demands, liabilities, losses, damages, 
judgments, settlements, costs, and expenses (including reasonable attorneys'
fees) (collectively, the "Losses") insofar as such Losses arise out
 of or are based on (a) any claim that your use of any trademark or other 
intellectual property infringes on any other trademark or intellectual property
 belonging to any third party, (b) any breach of a representation, warranty, covenant or agreement made by you in this Agreement, or (c) any
 claim related to your website, including, without limitation, any content that
 resides on your website but that was not provided by us.
18. Miscellaneous
You hereby represent and warrant to us that (i) this Agreement is a legal, valid,
 and binding obligation, enforceable against you in accordance with its terms; 
and (ii) any information you provide to us in connection with your
 participation in the Program will be true and correct. You may not
 assign your rights or duties under this Agreement. This Agreement shall be binding 
upon and shall inure to the benefit of the parties and their respective heirs, 
legal representatives, beneficiaries, successors, and permitted assigns. You
 and we are independent contractors, and nothing in this Agreement will create 
any partnership, joint venture, agency, franchise, sales representative, or 
employment relationship between the parties. You will have no authority to make 
or accept any offers or representations on our behalf.
19. Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or
 the breach, termination, enforcement, interpretation or validity thereof, 
including the determination of the scope or applicability of this agreement to
 arbitrate, shall be determined by arbitration in New York 
before three arbitrators. The arbitration shall be
 administered by JAMS pursuant to its Comprehensive Arbitration Rules and
 Procedures. Judgment on the award may be entered in any court having 
jurisdiction. This clause shall not preclude parties from seeking provisional 
remedies in aid of arbitration from a court of appropriate jurisdiction. This
 arbitration agreement and the rights of the parties hereunder shall be governed
by and construed in accordance with the laws of the State of California,
 exclusive of conflict or choice of law rules. The parties acknowledge that this
 Agreement evidences a transaction involving interstate commerce.
 Notwithstanding the provision in the preceding paragraph with respect to
 applicable substantive law, any arbitration conducted pursuant to the terms of
 this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.,
Secs. 1-16). In any arbitration arising out of or related to this Agreement,
the arbitrators may not award any incidental, indirect or consequential
damages, including damages for lost profits.

This Privacy Policy of Fluide, inc. about how we may collect and use personal data and the rights granted to affiliates and regarding their respective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy. If you do not agree to this Privacy Policy, do not proceed forward.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to our affiliate program after these changes are posted, you agree to the revised policy.

Personal Information Controller

Any personal information provided to or gathered by Refersion under their Privacy Policy will be stored and controlled by Refersion (the data controller).

Information collected from Affiliates

When an Affiliate signs up to join the We Are Fluide program, we collect some information such as email, personal information, payment details and social network information. The information would help Fluide evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.

About Cookies

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. 

Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit

Because cookies allow you to take advantage of some of Affiliate marketing system’s essential features, we recommend that you leave them turned on.

Information sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties. 

We will not disclose your personal information to any third party without your prior consent.

Use of Refersion app by Children

Refersion is not intended for children. If you are under 13, you may not use the affiliate app.

Your Rights

Fluide understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the app and wish to exercise these right, please contact us through [email protected] We may require that you provide us with acceptable verification of your identity before providing access to such information.

Contact information

If you have any questions about your personal data or this Privacy Policy, please contact us by email at [email protected]