BOOM BEAUTY INDEPENDENT CONTRACTOR BOOM BEAUTY ADVOCATE AGREEMENT
Updated: 05/15/24
IMPORTANT: THIS INDEPENDENT CONTRACTOR BOOM BEAUTY ADVOCATE
AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF THE RIGHT
TO JURY TRIALS AND CLASS ACTIONS. PLEASE READ THIS ENTIRE AGREEMENT
CAREFULLY. BY ENROLLING TO BE A BOOM BEAUTY ADVOCATE, YOU ARE AGREEING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND BY
EACH AND EVERY TERM AND CONDITION.
This INDEPENDENT CONTRACTOR BOOM BEAUTY ADVOCATE AGREEMENT (the
“Agreement”) is a legally binding contract between you (“Boom Beauty Advocate”, “you”, or
similar terms) and Boom Advocate, Inc. (“Boom Advocate”, “us”, “we”, or similar terms) and
applies to your participation in the Boom Advocate Boom Beauty Advocate Program (the
“Program”). Any person or entity that participates or attempts to participate in the Program must
accept this Agreement without change. By registering for the Program, you agree to this
Agreement.
1. Description of the Program:
The Program permits you to monetize your network of connections using a personalized Boom
Beauty Advocate coupon code and/or URL (“Your Code / URL"). When our customers purchase
eligible goods from www.boombeauty.com (the “Boom Beauty Site”) using Your Code / URL you
will be eligible to receive a commission for “Qualifying Purchases”, as further described (and
subject to the limitations in) Section 3 below. We periodically modify the terms of this
Agreement. We might also choose to replace these terms in their entirety if, for example, the
Program changes, ends, or becomes part of an existing program, including our partner
programs. If you don’t agree to the modification or replacement, you can choose to terminate
your participation in the Program. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING ANY CHANGES TO THIS AGREEMENT WILL CONSTITUTE YOUR
ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE
PROGRAM.
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 you and us or our respective affiliates. You will have no authority to make or accept
any offers or representations on our or our affiliates’ behalf. You will ensure that the information
in your Program application and information otherwise associated, including your email address,
mailing address, and other contact information, is at all times complete, accurate, and up-todate. We may send notifications (if any), approvals (if any), and other communications relating
to the Program and this Agreement to the email address then-currently associated with your
Program account. You will be deemed to have received all notifications, approvals, and other
communications sent to that email address, even if the email address associated with your
account is no longer current. You can update your information by logging into to your Boom
Beauty Advocate account and changing the pertinent information.
2. Eligibility To Participate:
You must be at least 18 years of age to participate as a Boom Beauty Advocate. If you are
under the age of 18, you represent and warrant that your legal parent or guardian has read the
terms of this Agreement and consents to the terms herein. You must comply with this
Agreement to participate in the Program and to receive Commissions. You must promptly
provide us with any information that we request to verify your compliance with this Agreement.
You must be kind and respectful to all other Boom Beauty Advocates and Customers.
Your Code / URL is for you to share solely with people you know. You MUST NOT post Your
Code / URL on any social media, website, blog, video or other digital platform other than by
sharing to personal contacts via Text or Email. You MUST NOT comment with Your Code / URL
on any social media posts or channels (i.e., Instagram, Twitter, Facebook, etc.), even if you see
another Boom Beauty Advocate doing it. You MUST NOT post Your Code / URL to coupon or
discount sites. You MUST NOT create any digital ads which included Your Code / URL. You
MUST NOT make any earnings guarantees or claims to anyone at any time.
You must clearly and prominently state the following, or any substantially similar statement
when communicating about or promoting the Program: “As a BoomBeauty Advocate I earn
commissions from qualifying purchases.” Except for this disclosure, and other than as required
by applicable law, you will not misrepresent or embellish our relationship with you (including by
expressing or implying that we support, sponsor, or endorse you), or express or imply any
affiliation between us and you or any other person or entity except as expressly permitted by
this Agreement. Remember that the purpose of the Program is to bring new clients to the Boom
Beauty brand and help spread the Boom Beauty mission.
Your breach of any of the terms of this Agreement, or any other agreement between you and
us, or in connection with the Program (e.g., the Payout Processor Agreement, Google Terms of
Use and Privacy Policy) then, in addition to any other rights or remedies available to us, we
reserve the right to permanently (to the extent permitted by applicable law) withhold (and you
agree you will not be eligible to receive) any and all Commissions otherwise payable to you
under this Agreement, whether or not directly related to such violation without notice and without
prejudice to any right of Boom Advocate to recover damages in excess of this amount.
3. Commissions on Qualifying Purchases:
We will pay you a commission with a base amount of 10% of the price paid by the customer and
actually received by Boom Advocate, before taxes and shipping, on all Qualifying Purchases
(your “Commission”). A “Qualifying Purchase” occurs when (i) a customer uses Your Code /
URL to purchase eligible goods from the Boom Advocate Site; (ii) the customer’s payment is
successfully processed. For example, if a customer uses Your Code / URL to purchase a single
product priced at USD $100.00 and Your Code / URL provides the customer with a $10 savings,
then once Boom Advocate receives that customer’s payment of USD $90 ($100.00 less the $10
coupon code savings), you will be eligible to receive a 25% commission in the amount of USD in
commissions for that purchase. Additional commissions may apply depending on the official
Boom Advocate Compensation Plan. The Boom Advocate Compensation Plan may change
from time to time, with or without notice. NOTE: per the elements of the Boom Advocate
Compensation Plan, Boom Beauty Advocates who refer other Boom Beauty Advocates may
earn commissions based on those referred Boom Beauty Advocate’s sales.
BOOM ADVOCATE INDEPENDENT CONTRACTOR BOOM BEAUTY ADVOCATE
COMPENSATION PLAN
Personal Sales Commissions
Boom Beauty Advocates will earn 25% on all referred customers sales which use the Boom
Beauty Advocate’s unique Code / URL. Customer purchases will show in the Back Office as
“Customer Volume” or “CV”. A subset of CV will show as “New Volume” or “NV” in the Back
Office. NV is a metric related to new customers which are placing their first order connected to
the Boom Beauty Advocate’s account in that calendar month.
Boom Beauty Advocates will not earn 25% on their own personal orders. Personal purchases
will show in the Back Office as “Personal Volume” or “PV”.