• Conversion action: Online purchase with processed valid payment
• Cookie days: 30 days
• Commission type: Percent of Sale
• Base commission: 40.00%

For more than three decades, Obagi Medical® (“Obagi” or “we”) has been transforming the skincare industry with medical-grade skincare for every skin type, tone, and concern. We are among an elite few that transform all skin types and tones with medical-grade skincare. In addition to being formulated with the purest, most potent and most effective ingredients, our portfolio of products are dermatologist tested and physician endorsed.

Obagi is proud to offer a new program, the ProAffiliate Program (the “Program”), to select US based professional accounts (“Affiliate” or “you”) to further expand and grow their business, and to help offset some of the operational needs required to maintain and operate an e-commerce platform. By participating in the Program, Affiliate will be able to offer online ordering functionality to its patient base and continue to generate profit margin for online sales made by patients without the need to invest in the additional overhead needed to support this sales channel, by leveraging Obagi’s existing operational infrastructure for a service fee.

1. Registration

Currently, the Program is offered on an invite only basis to select accounts who carry Obagi within their physical locations. Obagi reserves the right to approve or reject any ProAfilliate registration in its sole and absolute discretion.

2. Affiliate Links and Coupon Codes

Each ProAffiliate member will receive their own unique URL.
Each URL will be automatically generated by our system and Affiliate will not be able to customize their unique ProAffiliate link.

Affiliate will receive a QR code that will allow the easy sharing of its ProAffiliate link with patients. We encourage you to share your
ProAffiliate link on your website, social media platforms, and emails to your patients; however publicly posting your ProAffiliate link on discount sites such as Groupon or chatboards such as Reddit, is strictly prohibited.

Affiliate will also be provided with a unique coupon code (“Coupon Code”), that customers can enter during the checkout process in order to attribute their order to the respective referring Affiliate. These Coupon Codes are able to be customized by the Affiliate, and we encourage you to share your unique Coupon Code on your website, social media platforms, and emails to your patients; however publicly posting your Coupon Code on discount sites such as Groupon or chatboards such as Reddit, is strictly prohibited. Obagi reserves the right to modify and update the Coupon Code in its sole discretion and will
provide written notice to Affiliate if any changes are made.

3. Service Fee and Revenue

When any patient makes a purchase through your respective
ProAffiliate link, Obagi will provide its operational services and
infrastructure to process and fulfill all confirmed orders for a fee calculated
upon 60% of the net sales generated through the Program (“Service Fee”).
 Net sales are hereby defined as the total amount of gross sales made
through your ProAffiliate link, excluding tax charges and shipping costs, minus
any deductions for applicable discounts, returned products/orders, refunds or
chargebacks, or any other deductions relevant to the sales made through your
respective storefront. Affiliate will then be entitled to the 40% margin, as it
would have similarly received as a sale made directly through the practice
(“Revenue”). Revenue will only be applicable for transactions that have been
successfully completed.

All Revenue payments will be made via Refersion, Obagi’s service provider who offers and maintains the Affiliate Program, and will be issued on a monthly basis, within 15-30 days after the close of the prior calendar month. Revenue status is displayed in the Program dashboard on the “Revenue” tab and any previously paid Revenue will be displayed on the “Payment” tab. Service Fee amount is subject to review and modification by Obagi at any time, in its sole discretion.

4. Purchases

Patients
who navigate to your unique ProAffiliate link or access your ProAffiliate link
via your specific QR code, will be connected to your ProAffiliate profile for
30 days via a browser cookie (as further explained below), unless they clear
their browser cookies, switch browsers, or use a different device. Any
purchases made by that patient through obagi.com within the 30-day window will
be automatically attributed to your profile. After the 30-day window, the
patient will need to directly navigate to your specific ProAffiliate link again
in order for you to continue earning Revenue on patient purchases or continue
to enter the Affiliate’s respective Coupon Code during the checkout process.
Obagi is unable to attribute any patient order that was not successfully
captured in the Program back to any Affiliate or respective profile.

5. Browser Cookie

Obagi
uses a browser cookie to track your patients who have clicked on your link in
order to be able to attribute the purchase to your profile. Patient will need
to have their browser cookies enabled for Obagi to be able to track their
purchases and attribute them back to your profile. If a patient doesn't allow
cookies or clears their cookies, then Obagi will be unable to attribute the
patient’s purchase to your profile. Obagi is unable to attribute any patient
orders that were not captured and tracked via the browser cookie back to any
Profile.

6. Creatives

We may share promotional media such as banners, logos or
specific promotional materials through the “Marketing Tool” available through
your Refersion dashboard, from time to time. You can directly download the
media or copy the HTML embed code in order to share via your own channels.

7. Data Privacy

Affiliate acknowledges and agrees that Obagi is required to
be compliant with respective US state consumer data privacy laws. Obagi and
Affiliate will each comply with these state laws, and shall: notify each other
in the event any patient or consumer requests the update or deletion of
information collected by either Obagi or Affiliate; ensure that reasonable
safeguards have been implemented to ensure compliance with these state laws;
not share, sell or disseminate by any means any personal information of any
patient or consumer that falls under the purview of these state laws; and fully
cooperate with each other as it pertains to data privacy law compliance.

Affiliate acknowledges and agrees that due to the operation
of this Program, Obagi may share your data with its affiliates and/or third
parties.

8. Removal from Referral Program

If an Affiliate wishes to be removed from the Program, they
can do so by contacting: proaffiliate@obagi.com. Any breach or
non-compliance with any of these Terms and Conditions may result in removal
from the Program, as determined by Obagi in its sole discretion.

9. General

Use of the Program is subject to a fair use policy which
gives Obagi the right to review each and every order. Obagi retains the right
to cancel any order that does not comply with its Terms of Use or is suspected
to be fraudulent.

The Program may only be available for a limited time and is
subject to change or cancellation by Obagi at any time. Obagi reserves the
right to change or cancel the Program at any time upon notice to the Affiliate.
Should Obagi terminate the program, any outstanding Revenue shall be paid out within
45 days after the last date the Program is operational.

Obagi does not transfer any intellectual or other property,
or proprietary rights to Affiliate. All rights, title and interest in any Obagi
product and the ProAffiliate Program or any material created in connection with
Obagi are owned by Obagi and are only for the Affiliate’s use in connection
with the Program.

Obagi makes no warranties or representations of any kind,
whether express or implied, with regard to the Program, and shall utilize
reasonable efforts to maintain the Program in at least the same manner as it
maintains its obagi.com website.

By participating in this Program, you acknowledge and agree
that the Program may not be authorized or regulated by all state laws and that
participation is undertaken at your own risk. Affiliate further agrees to
indemnify, defend, and hold harmless Obagi, its affiliates, officers,
directors, employees, agents, and representatives (collectively, the
"Indemnified Parties") from and against any and all claims,
liabilities, damages, losses, costs, and expenses (including reasonable
attorneys' fees) arising out of or in any way connected with: (i) your
participation in the Program; (ii) any breach by you of these terms and
conditions; (iii) any violation by you of any law or the rights of a third
party; (iv) any claims or disputes related to your participation in the Program
arising in states where the Program is not authorized or regulated.

To the fullest extent permitted by applicable law, in no
event shall the Indemnified Parties be liable for any indirect, incidental,
special, consequential, or punitive damages, or any loss of profits or
revenues, whether incurred directly or indirectly, or any loss of data, use,
goodwill, or other intangible losses, resulting from: (i) your access to or use
of or inability to access or use the Program; (ii) any unauthorized access to
or use of our servers and/or any personal information stored therein; (iii) any
interruption or cessation of transmission to or from the Program; (iv) any
bugs, viruses, Trojan horses, or the like that may be transmitted to or through
the Program by any third party; (v) any errors or omissions in any content or
for any loss or damage incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available through the Program.

These Terms and Conditions shall be governed by and
construed in accordance with the laws of the State of New York, without regard
to its conflict of law principles. Any legal suit, action, or proceeding
arising out of or related to this indemnity clause or the Program shall be
instituted exclusively in the federal or state courts located in the Southern
District of New York.

If any provision of these Terms and Conditions is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced to the fullest extent under law.

We may amend, update or otherwise change, at any time and
without prior notice, any or all of the Terms and Conditions contained herein.
By participating in the Program, you agree to use the Program in the manner
specified herein and are hereafter bound by these Terms and Conditions. If you
do not agree to these Terms and Conditions in their entirety, you are not able
to register as an Affiliate or participate in the Program in any manner.

You can always re-visit these Terms and Conditions at any
time. If you have any questions, please email proaffiliate@obagi.com.

This Privacy Policy of Refersion about Affiliate Marketing system describes how we may collect and use personal data and the rights granted to merchants, affiliates and customers regarding their respective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy, and other terms and conditions. If you do not agree to this Privacy Policy, you must not use the affiliate marketing system.

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 this Privacy Notice will be stored and controlled by Refersion (the data controller).

Information collected from Merchants

When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.

Information collected from Affiliates

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

Information collected from Customers when visiting merchant website

In order to track referral order, when customers visit merchant website and make a purchase, UpPromote system will collect information of order such as total order, order items, order ID,....

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 allaboutcookies.org.

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 except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data and other marketing support,... Third-party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Use of Refersion app by Children

Refersion is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.

Your Rights

Refersion 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 system and wish to exercise this right, please contact us through proaffiliate@obagi.com. We may require that you provide us with acceptable verification of your identity before providing access to such information.

If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf and can only forward your request to them to allow them to respond.

Contact information

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at proaffiliate@obagi.com