Terms & Conditions
BY VISITING WWW.THELASHPRENEUR.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS
OVERVIEW
The terms “we,” “us,” and “our” refer to Tara Walsh and The Lashpreneur LLC, Tara Walsh, their staff, contractors and affiliates. The term the “Site” refers to www.thelashpreneur.com. The terms “user,” “client”, “you,” and “your” refer to site visitors, customers, and any other users of the site.
On thelashpreneur.com we provide training programs for small business owners and those in leadership roles delivered via email, live events including webinars, teleconference, Facebook Live, podcasts and screencasts educating business owners about small business strategy and leadership competencies and digital, full-length resources available for purchase (the “Service”).
Use of thelashpreneur.com, including all materials presented herein and all online services provided by The Lashpreneur LLC, Tara Walsh is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to business coaching, mentoring and consulting and other information are subject to change. The Lashpreneur LLC, Tara Walsh makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Lashpreneur LLC, Tara Walsh disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to thelashpreneur.com and The Lashpreneur LLC, Tara Walsh, staff and contractors will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DISCLAIMER
Client understands Tara Walsh and The Lashpreneur LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that neither Tara Walsh, nor The Lashpreneur LLC, has promised, nor shall be obligated to, the following:
(1) Success in business, results, and sales for the Client.
(2) Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
(3) Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
(4) Introduce Client to Tara’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.
FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
CANCELLATIONS, REFUNDS & RETURNS
We do not offer refunds for digital products once they are downloaded or once access to the product site, Facebook Group or coaching services has been granted. However, your satisfaction is our #1 priority, email us at hi@TheLashpreneur.com to let us know why you’re unsatisfied and we will do everything in our power to ensure your satisfaction.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE, THE LASHPRENEUR LLC COMMUNTIY GROUP COACHING PROGRAM OR OTHER ONLINE COMMUNITY HOSTED BY THE LASHPRENEUR LLC:
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
CLIENT RESPONSIBILITY
Products developed by The Lashpreneur, LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by The Lashpreneur, LLC. The Lashpreneur, LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by The Lashpreneur, LLC and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by The Lashpreneur, LLC. The Lashpreneur, LLC program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Lashpreneur, LLC assumes no responsibility for errors or omissions that may appear in any program materials.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to The Lashpreneur LLC, Tara Walsh or her staff/contractors. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to The Lashpreneur LLC, Tara Walsh remains yours to the extent that you have any legal claims therein. You agree to hold The Lashpreneur LLC, Tara Walsh harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by The Lashpreneur, Tara Walsh, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service.
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE LASHPRENEUR LLC, TARA WALSH IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE LASHPRENEUR LLC, TARA WALSH HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LASHPRENEUR LLC, TARA WALSH’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE LASHPRENEUR LLC, TARA WALSH, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE LASHPRENEUR LLC, TARA WALSH’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Lashpreneur LLC, Tara Walsh. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and The Lashpreneur LLC, Tara Walsh pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by The Lashpreneur LLC, Tara Walsh.shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Lashpreneur LLC, Tara Walsh
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows to hi@thelashpreneur.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Sumner County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Legal Disclaimer
The author and publisher of this site, including blog, videos, content and any accompanying materials have used their best efforts in preparing this system. The author and publisher make no representation or warranties with respect to the accuracy, applicability, or completeness of the contents of this system. The information contained in this system is strictly for educational purposes. Therefore, if you wish to apply ideas in this system, you are taking full responsibility for your actions.
Every effort has been made to accurately represent this information/product and its potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on each person using the ideas and techniques. We do not purport this as a money making “get rich scheme.”
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our products and on our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act off 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the “estimate,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you achieve any results from any of our ideas and techniques used in this material.
The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages rising directly or indirectly for any use of this material, which is provided “as is” and without warranties.
As always, the advice of a competent legal, tax, accounting or other professional should be sought.
The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to this system.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
This system is owned and © by The Lashpreneur LLC, Tara Walsh. No part of this may be copied, changed in format, sold or used in any way other than what is outlined within this report under any circumstances.
Updated: August 18, 2023
The Lashpreneur LLC
DIY Web Design Terms & Conditions
Please read the guidelines below to ensure everyone is maximizing their experience within The Lashpreneur LLC DIY Web Design course.
The Lashpreneur LLC DIY Web Design (“Program”) has been created to benefit all lash artists who seek to be learn and grow their confidence in marketing their lash services.
By purchasing the course, you are agreeing to our terms and conditions.
The Lashpreneur LLC reserves the right to change or alter these terms and conditions at any time to the benefit of the purchasers and will make these updates available on the Terms & Conditions page on our website.
DISCLAIMER
Purchaser (“Client”) understands The Lashpreneur LLC (“Company”) is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
By purchasing the course, you are agreeing to our terms and conditions.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
By purchasing the course, you are agreeing to our terms and conditions.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
By purchasing the course, you are agreeing to our terms and conditions.
Further, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
By purchasing the course, you are agreeing to our terms and conditions.
NON-DISPARAGEMENT
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
By purchasing the course, you are agreeing to our terms and conditions.
INDEMNIFICATION
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
By purchasing the course, you are agreeing to our terms and conditions.
REFUND POLICY/EARNINGS DISCLAIMER
We do everything we can to ensure the right people for this course find extreme value from the content. The information you receive is educational only and does not guarantee specific results. We cannot guarantee the type of results or any financial benefits for any of our programs as results can vary based on factors out of our control (such as your level of effort, business approach and tactics, implementation of strategies learned, skill set and a host of other variables). This is not a “get rich quick scheme” and you need to put forth the effort to show up, do the work and implement the information into your business.
The following requirements must be met in order to obtain a refund for this course:
- You must have completed all lessons from the beginning of the course through the lesson titled “Homepage Design.” This will be verified through our system.
- You must have also completed the following:
- Completed the DIY website planning guide.
- Opened and set up your WIX account.
- Edited your template for the homepage.
- You must send an email to hi@thelashpreneur.com stating the reason you feel this course is not a good fit for you and that you are requesting a refund.
- You must include the following in the email.
- The completed DIY website planning guide.
- A screenshot of your WIX dashboard showing it is opened and set up.
- A screenshot of your homepage showing the edits you have made.
- The refund request including all of the required information must be received at the hi@thelashpreneur.com email BY 11:59pm Pacific (pst/pdt) on the 14th days after purchasing the course. After 11:59pm Pacific (pst/pdt) on the 14th day, no refunds will be given.
- If you have purchased one of the upgraded custom templates, no refunds will be given for this additional fee as you now own that template and have ongoing access to it (it is attached to your Wix account once it is transferred).
You will be notified via email whether or not the refund has been granted. If the refund has been granted, you will receive a refund via the payment processing platform used to purchase the course.
If you have ANY questions about our terms and conditions, or if you have a question we haven’t addressed, please reach out to us at hi@thelashpreneur.com.
Updated: November 26, 2018
The Lashpreneur LLC
Facebook Ads for Amateurs Terms & Conditions
Please read the guidelines below to ensure everyone is maximizing their experience within The Lashpreneur LLC Facebook Ads for Amateurs course.
The Lashpreneur LLC Facebook Ads for Amateurs course (“Program”) has been created to benefit all lash artists who seek to be learn and grow their confidence in marketing their lash services.
By purchasing the course, you are agreeing to our terms and conditions.
The Lashpreneur LLC reserves the right to change or alter these terms and conditions at any time to the benefit of the purchasers and will make these updates available on the Terms & Conditions page on our website.
DISCLAIMER
Purchaser (“Client”) understands The Lashpreneur LLC (“Company”) is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
By purchasing the course, you are agreeing to our terms and conditions.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
By purchasing the course, you are agreeing to our terms and conditions.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
By purchasing the course, you are agreeing to our terms and conditions.
Further, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
By purchasing the course, you are agreeing to our terms and conditions.
NON-DISPARAGEMENT
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
By purchasing the course, you are agreeing to our terms and conditions.
INDEMNIFICATION
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
By purchasing the course, you are agreeing to our terms and conditions.
REFUND POLICY
As the nature of this product is digital, no refunds will be given once the product has been purchased.
If you have ANY questions about our terms and conditions, or if you have a question we haven’t addressed, please reach out to us at hi@thelashpreneur.com.
Updated: November 26, 2018
The Lashpreneur LLC
Marketing Made Easy Terms & Conditions and Usage Agreement
Purchaser/subscriber acknowledges The Lashpreneur LLC remains the sole and exclusive owner of images. Purchaser/subscriber may not transfer subscription, transfer images, sell, lease, assign, or give away or anything similar thereof to a third-party.
By becoming a purchaser/subscriber you acknowledge your purchase/subscription is a non-exclusive limited use license of all content provided by The Lashpreneur LLC. As a purchaser/subscriber you may use The Lashpreneur LLC images for professional use in the normal course of your business and for personal use.
Purchaser/Subscriber may not use The Lashpreneur LLC images to promote stock image related trainings (workshops, online courses, webinars, newsletters, blog posts).
Restricted Uses
You may not use content in any way that allows others to download, extract, or redistribute content.
You may not use content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose.
You may not use content in a defamatory or other unlawful manner.
You may not allow or grant permission to other companies or individuals to repurpose content to for commercial, promotional, endorsement, advertising or merchandising purposes.
You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
Where the main value lies in the content itself, you may not use content in connection with any goods or services intended for resale or distribution.
Refunds
As the nature of our products are digital, no refunds will be given once the product has been downloaded.
* These terms are subject to change. It is your responsibility to check the current terms before you use any of our workshops/programs/content in any way.
Updated: November 26, 2018
The Lashpreneur LLC
The Lashpreneur Society
CONTRACT, TERMS, & CONDITIONS
The Lashpreneur Society is your space to connect, inspire, learn, share, and educate yourself on all aspects of running a lash business. It’s up to each and every member to keep The Lashpreneur Society is a safe zone where everyone is encouraged and accepted so that they may learn and grow at their own pace. Please read the terms and conditions below to ensure everyone is maximizing their experience within The Lashpreneur Society.
The Lashpreneur Society, Membership site and subsequent Private Facebook Group has been created to benefit all lash artists who seek to be a part of a business minded, professional community. There will be zero tolerance of threats, accusations, bullying, name calling or malicious behavior of any kind. We do not stand for drama and as such, any disrespectful comments or speculations about another member of The Lashpreneur Society or The Lashpreneur LLC team or program will result in removal from The Lashpreneur Society and no refunds will be given.
DISCLAIMER
Purchaser (“Client”) understands The Lashpreneur LLC (“Company”) and its program The Lashpreneur Society (“Program”) is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
WHEREAS, Company provides group eyelash extension business coaching, mentoring and guidance to start, build and grow your eyelash extension business.(“Services”); and
WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
- SERVICES.
Company agrees to provide The Lashpreneur Society (herein referred to as the “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
- DISCLAIMER.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- PROGRAM STRUCTURE.
- This Program is ongoing starting the date of your enrollment into The Lashpreneur Society.
- Access to The Lashpreneur Society Kajabi Membership Site where all members’ only resources and training videos and the Success Path E-course can be found.
- Private Facebook Community for support, guidance and help with moving through your lash biz obstacles.
- Additional trainings and coaching sessions at the discretion of Tara Walsh and Team Lashpreneur LLC
- TERM.
This Program is ongoing and begins on the date of your enrollment (“Term”). Client understands that a relationship with Company does not exist between the Parties after the termination within the Program if the client or the company decides to terminate the relationship at any point. Must maintain current monthly payments in order to be a member in good standing and maintain access to the private Facebook group and Membership site. No refunds are given for any circumstance once your card has been charged.
- TERMINATION/CANCELLATION.
Company is committed to providing all clients in the Program with a positive Program experience. By enrolling in this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms.
If Client decides to terminate this Agreement, no refunds will be issued. If Client wishes to cancel their membership within The Lashpreneur Society, they may do so at any point.
Client must give Company 7 days’ notice prior to the next bill date to terminate monthly payments, or the next monthly payment will be made and membership will be cancelled at the end of the paid-through period.
If you cancel your membership and return at a later date, you will lose access to any special content you received at the original time of joining, such as bonus trainings, templates, or any other material that was granted with the condition of joining during a certain time period.
Once you have left the Program, you may not be granted access again depending on the status of your account.
To cancel a membership, Clients must email a cancellation request to hi@thelashpreneur.com.
If Client wishes to rejoin the Program after cancellation, an email request to rejoin must be sent to hi@thelashpreneur.com.
- PAYMENT.
Price of this Program is $59/month USD (or $589 annually). Client grants Company the authority to charge the card(s) provided on the recurring monthly date of enrollment each month. Payments must be made on the date of your registration and every month thereafter. If a payment is not received by the recurring monthly payment date, Company reserves the right to suspend Services until payment is complete. Attempts to bring skipped or missed payments will be made thru email from hi@thelashpreneur.com .
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security. You hereby authorize Tara Walsh and The Lashpreneur LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided Paypal or Stripe expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer thru Paypal or Stripe, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
- REFUNDS.
Client is responsible for full month’s payment of fees for the Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued. Please see Cancellation if you wish to leave the group and stop monthly payments.
The Lashpreneur LLC reserves the right to change or alter these guidelines at any time to the benefit of the community members and will notify community members within the group through the “Pinned Post.”
The Lashpreneur LLC (“Company”) reserves the right to suspend or terminate any membership (”Client”) at their discretion. Any violation of Terms and Conditions of The Lashpreneur Society Guidelines is grounds for permanent or temporary suspension of a community member. The Company reserves the right to deny any request for membership and remove any post at its discretion. Company reserves the right to change the rules with or without notice. Changes may be posted in The Lashpreneur Society at Company’s discretion.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- COPYRIGHT/INTELLECTUAL PROPERTY
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
Further, by enrolling in The Lashpreneur Society, you agree to the below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
Any comments, testimonials, photos, case studies or sharing of wins due to participation in the group that you share inside of the Facebook community may be used and repurposed by The Lashpreneur LLC for marketing and advertising purposes. Request for permission to use these posts may be given but you agree that anything you share within the group may be used for the marketing and advertising of The Lashpreneur Society.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- INDEMNIFICATION.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in San Diego, California, USA. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, regardless of the conflict of laws principles thereof.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
Updated: August 5, 2021
The Lashpreneur LLC
The Lashpreneur Society Guidelines
Be Respectful.
We have a zero tolerance policy for negativity, bullying, drama, gossip, or toxic energy. Encourage and support your fellow Lashpreneur. Never make anyone feel unwelcome or judged; treat everyone with love and acceptance. If you disagree or have an opposing viewpoint to share, do it with respect, honor and from a place of compassion. Spirited debate about ideas or concepts is awesome, personal attacks are not. If you can’t be kind, be quiet. Violation of this rule is grounds for immediate and permanent removal from The Lashpreneur Society without a refund.
Cyberbullying.
Not only we will not tolerate any shaming, trolling or cyber-bullying inside this group, if we find that you are participating in these behaviors on other forums or social media platforms, we will terminate your membership and access to all Lashpreneur products and services immediately. We are aggressively protective of empowering our fellow lash artist sisters, whether you agree with their choices or not. We all have families and livelihoods to protect, and reposts of bad work, calling out someone and tagging them to incite negative comments on their profile or page or rallying other lash artists to bully, spam, or shame another lash artist WILL NOT BE TOLERATED UNDER ANY CIRCUMSTANCES. Those are high school antics and we are a group of professional women looking to grow and learn and better ourselves thru our businesses. This goes for clients, brands, educators, moderators, and any member of Team Lashpreneur. ZERO TOLERANCE ladies, Kapeesh?
Be Professional.
This is a no trash talking zone: about Tara, The Lashpreneur LLC programs and teachings, other community members, clients or other companies. This is not the forum to bash or hate on anyone and it will no be tolerated. Hurtful or hateful comments will be removed at the sole discretion of The Lashpreneur LLC and if any comment is found to be abusive in anyway, that member will be permanently removed from The Lashpreneur Society and no refund will be given. If you have any issue either with another community member or with program or The Lashpreneur LLC, we encourage you to address it respectfully and professionally off of the forum or to email us at hi@thelashpreneur.com
Be Awesome.
Offer your experience generously and often. Other members are looking for guidance in areas they may not have figured out yet, and you’ve figured it out, we welcome you to share your experiences and journey. Healthy discussion is always encouraged, but be mindful that this group is also on an international scale and not all situations or outcomes may be possible and/or legal depending on the location of the business (For Example, running a lash business out of your home is very difficult to do in the United States given our governing agencies, so it may not be possible or legal for some lash artists to offer this option). Insight to your mindset and thought process is universal and highly beneficial!
Be ethical and original.
Don’t copy, steal or share other people’s intellectual property, including that of The Lashpreneur LLC. All resources and tools available to The Lashpreneur Society are intellectual property of The Lashpreneur LLC and are copyright protected. If you have a question or case of infringement, write to the party directly. We take these issues seriously and it’s grounds for possible removal from The Lashpreneur Society. If you’re ever in doubt whether you’re able to share a juicy tidbit or piece of good advice in another forum, the answer is most likely no as all of the information contained with The Lashpreneur Society is for the benefit of its members for educational and personal use only, not to be shared with any member outside of The Lashpreneur Society. If you have any questions, you’re welcome to email us at hi@thelashpreneur.com
Don’t promote or spam.
Never email, private message or contact other members without their permission. Promoting is only reserved for specific days/times or if given direct permission by The Lashpreneur LLC. Violating this is grounds for immediate removal without refund. Whenever you’re in doubt about what you’re about to post, email us at hi@thelashpreneur.com and we’ll discuss what is acceptable and when.
No “Like” or “Follow” Trains.
We would be doing you and your lash business a disservice to encourage your participation in following other lash businesses if you no intention or desire to engage with their published content. This practice of like for like or follow for follow is detrimental to the algorithm working for you to reach actual customers who do want to see your content. As such, there is no need to start any “Like” or “Follow” trains. If you’d like to follow another community member and engage in their content, and we encourage you to, you may request their information thru direct message.
No Client Bashing
Trust us, we’ve all had troubling clients and this is part of how a lot of lash artists learn and grow to be better business owners is in the hard times, not the smooth sailing. This groups is created to help you navigate tricky client situations in a healthy, positive, and professional way for your business. We highly discourage you from bashing or negatively commenting on any of your clientele. In a world run by social media, a post or rant can haunt you and your lash biz forever. We never encourage you to take screenshots of your troubling personal conversations with clients to post in any forum, especially with their name included in the photo. We understand that text message is a huge form of communication and screenshots are easy to capture, but please respect the privacy of your clients by not posting a screenshot of your interaction. Instead, for sticky client issues and help troubleshooting, we encourage you to either give us a summary of the events leading up to that conversation and their response, or you may type out the interaction between you and “Client” but never divulge their name, phone number, or any identifying aspects of your client to keep them anonymous and their privacy respected.
BUT WHAT IF…
In a group of passionate lash artists from around the world, there are bound to be “heated” situations. Here are the official steps we recommend you take.
No One Commented on My Posts
The size of this group and the amount of questions asked can and will move quickly. It is nothing personal, believe me! Try reposting at a different time of day when more people may be active or try rewording your question. We’re all learning in the group so your question may be stumping others, in which case…BRAVO! We should hash it out in the group and try to figure it out. Also try to genuinely respond to other members in the group to build relationships and community. There are a lot of insanely brilliant and knowledgeable women in this group who have a heart for paying forward, and with enough time and experience under your belt, you can be one of them too! Just don’t ever give up and keep reaching out and asking questions. There’s no such thing as a dumb question in this group!
Where Did My Post Go?
When the community is active and lots of members are participating in the feed, Facebook is King and though it may be rare, occasionally Facebook will randomly hide or delete a post. Try a search within the group to see if your question pops up and if not, ask again. HOWEVER, if your post violates the guidelines set forth in the community, is perceived as threatening or not conducive to the group as a whole, it may have been removed by an admin. Please review the terms and conditions to ensure your posts are appropriate and helpful to the community and to the lash industry as a whole.
Someone Copied My ________
This community is built around sharing of ideas, concepts, tips and strategies. Everything online is copyright protected by its mere presence of being online, however if you feel someone has blatantly copied you for the sake of malicious intent, please write us at hi@thelashpreneur.com so that we can help to address the situation and take screenshots if necessary. Any copyright violation of the content, files, intellectual property and other exclusive members only materials belong to The Lashpreneur LLC and are not to be duplicated, shared or used for purposes outside of this group. Doing so will violate your membership terms and conditions and may be eligible for legal action. Otherwise we do encourage you to share your ideas and knowledge with the members of our group to raise the industry as a whole and empower members and women alike!
WHAT HAPPENS IF YOU DON’T FOLLOW OUR GUIDELINES?
We have tried insanely hard to create a positive and empowering environment for lash artists of all levels to start, build and grow a thriving lash business. We truly hope that everyone is a member to be a part of something great and life changing not only to your life, but to the lives of the other members. As such, we will protect the community to the best of our abilities and have established guidelines to help us to be able to achieve this. If you do slip up and violate the terms and conditions (guidelines) of this group, here are some possible avenues of recourse.
We may remove your post without permission. If it was intentionally deleted, there was a reason and it may have been reported to us to be abusive, inappropriate or unsuitable for the community. If you feel your question was valid, we encourage you to post again but try taking either a different tone or rewording it so it doesn’t illicit the same response.
We may reach out and give you a heads up to let you know you’ve violated our terms and conditions (we’d like to give you the benefit of the doubt, but be assured we take this community very seriously!).
Our lawyer might reach out to you.
We may remove you from the group and the community altogether.
If you have ANY questions about our terms and conditions (guidelines), or if you have a question we haven’t addressed, please reach out to us at hi@thelashpreneur.com
Updated: November 26, 2018
The Lashpreneur LLC
Momentum Mastermind
CONTRACT, TERMS, & CONDITIONS
Momentum Mastermind is your space to connect, inspire, learn, share, and educate yourself on all aspects of running a business. It’s up to each and every member to keep Momentum Mastermind a safe zone where everyone is encouraged and accepted so that they may learn and grow at their own pace. Please read the terms and conditions below to ensure everyone is maximizing their experience within Momentum Mastermind.
Momentum Mastermind has been created to benefit all beauty business owners who seek to be a part of a business minded, professional community. There will be zero tolerance of threats, accusations, bullying, name calling or malicious behavior of any kind. We do not stand for drama and as such, any disrespectful comments or speculations about another member of Momentum Mastermind or The Lashpreneur LLC team or program will result in removal from Momentum Mastermind and no refunds will be given.
DISCLAIMER
Purchaser (“Client”) understands The Lashpreneur LLC (“Company”) and its program Momentum Mastermind (“Program”) is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
WHEREAS, Company provides group eyelash extension business coaching, mentoring and guidance to start, build and grow your eyelash extension business.(“Services”); and
WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
- SERVICES.
Company agrees to provide Momentum Mastermind (herein referred to as the “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
This program provides the following services:
- 2 monthly virtual group coaching calls
- (1) 1:1 Strategy Calls with Coach Tara Walsh each quarter
- (1) Marketing Co-working Group Call each quarter
- Access to The Lashpreneur Digital Course Suite for Duration of Mastermind ( to include The Lashpreneur Society, Society Xcelerator Dominating the DMs e-course, and Mind Your Business Mindset Trainings)
- Invitation to FOUR 2-day Mastermind retreats. If a live, in -person event is not possible – a virtual event will be planned in it’s place. Travel and accommodation to and from the retreats are not provided by The Lashpreneur LLC and is the sole responsibility of the client to provide.
- DISCLAIMER.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- PROGRAM STRUCTURE.
- This Program is a 12 month long program starting on the start date sent to you in your enrollment confirmation email.
- Access to The Momentum Mastermind Online Portal where all members’ only resources and training videos and access to The Lashpreneur Course Library can be found.
- Additional trainings and coaching sessions are at the discretion of Tara Walsh and Team Lashpreneur LLC.
- TERM.
This Program begins on the date of your enrollment (“Term”) and lasts 4 quarters. Client understands that a relationship with Company does not exist between the Parties after the termination within the Program if the client or the company decides to terminate the relationship at any point. Must maintain current payments in order to be a member in good standing and maintain access to the program. No refunds are given for any circumstance once your card has been charged.
- TERMINATION/CANCELLATION.
Company is committed to providing all clients in the Program with a positive Program experience. By enrolling in this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of payments if Client becomes disruptive or upon violation of the terms.
If Client decides to terminate this Agreement, no refunds will be issued. You are responsible for payment in full whether you choose to continue with the program or not. Monthly payments are installments to your initial commitment and not to be seen as monthly payments of services rendered previously.
Once you have left the Program, you may not be granted access again depending on the status of your account.
If you have any questions about your purchase or payment, please contact us at hi@thelashpreneur.com.
- PAYMENT.
Price of this Program is
- $18,000 USD. Payment plans are optional and can be set up for 12 payments of $1500 USD.
Client grants Company the authority to charge the card(s) provided on the recurring monthly date of enrollment each month or as a one time payment. Payments must be made on the date of your registration and every month thereafter. If a payment is not received by the recurring monthly payment date, Company reserves the right to suspend Services until payment is complete. Attempts to bring skipped or missed payments will be made thru email from hi@thelashpreneur.com .
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security.
You hereby authorize Tara Walsh and The Lashpreneur LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided Paypal or Stripe expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer thru Paypal or Stripe, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
- REFUNDS.
Client is responsible for full payment of fees for the Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued.
The Lashpreneur LLC reserves the right to change or alter these guidelines at any time to the benefit of the community members and will notify community members through email.
The Lashpreneur LLC (“Company”) reserves the right to suspend or terminate any member (”Client”) at their discretion. Any violation of Terms and Conditions of The Lashpreneur LLC is grounds for permanent or temporary suspension of a member. The Company reserves the right to deny any request for membership and remove any post at its discretion. Company reserves the right to change the rules with or without notice. Changes may be posted in Momentum Mastermind at Company’s discretion.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- COPYRIGHT/INTELLECTUAL PROPERTY
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
Further, by enrolling in Momentum Mastermind, you agree to the below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
Any comments, testimonials, photos, case studies or sharing of wins due to participation in the group that you share inside of the Facebook community may be used and repurposed by The Lashpreneur LLC for marketing and advertising purposes. Request for permission to use these posts may be given but you agree that anything you share within the group may be used for the marketing and advertising of Momentum Mastermind.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- INDEMNIFICATION.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Sumner County, TN, USA. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Tennessee, regardless of the conflict of laws principles thereof.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
- CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
By enrolling in the program, you are agreeing to our terms and conditions and guidelines.
UPDATED: September 11, 2023
The Lashpreneur LLC
Momentum Mastermind Community Guidelines
Be Respectful.
We have a zero tolerance policy for negativity, bullying, drama, gossip, or toxic energy. Encourage and support your fellow Lashpreneur. Never make anyone feel unwelcome or judged; treat everyone with love and acceptance. If you disagree or have an opposing viewpoint to share, do it with respect, honor and from a place of compassion. Spirited debate about ideas or concepts is awesome, personal attacks are not. If you can’t be kind, be quiet. Violation of this rule is grounds for immediate and permanent removal from The Lashpreneur Society without a refund.
Cyberbullying.
Not only we will not tolerate any shaming, trolling or cyber-bullying inside this group, if we find that you are participating in these behaviors on other forums or social media platforms, we will terminate your membership and access to all Lashpreneur products and services immediately. We are aggressively protective of empowering our fellow lash artist sisters, whether you agree with their choices or not. We all have families and livelihoods to protect, and reposts of bad work, calling out someone and tagging them to incite negative comments on their profile or page or rallying other lash artists to bully, spam, or shame another lash artist WILL NOT BE TOLERATED UNDER ANY CIRCUMSTANCES. Those are high school antics and we are a group of professional women looking to grow and learn and better ourselves thru our businesses. This goes for clients, brands, educators, moderators, and any member of Team Lashpreneur. ZERO TOLERANCE ladies, Kapeesh?
Be Professional.
This is a no trash talking zone: about Tara, The Lashpreneur LLC programs and teachings, other community members, clients or other companies. This is not the forum to bash or hate on anyone and it will no be tolerated. Hurtful or hateful comments will be removed at the sole discretion of The Lashpreneur LLC and if any comment is found to be abusive in anyway, that member will be permanently removed from Momentum Mastermind and no refund will be given. If you have any issue either with another community member or with program or The Lashpreneur LLC, we encourage you to address it respectfully and professionally off of the forum or to email us at hi@thelashpreneur.com
Be Awesome.
Offer your experience generously and often. Other members are looking for guidance in areas they may not have figured out yet, and you’ve figured it out, we welcome you to share your experiences and journey. Healthy discussion is always encouraged, but be mindful that this group is also on an international scale and not all situations or outcomes may be possible and/or legal depending on the location of the business (For Example, running a lash business out of your home is very difficult to do in the United States given our governing agencies, so it may not be possible or legal for some lash artists to offer this option). Insight to your mindset and thought process is universal and highly beneficial!
Be ethical and original.
Don’t copy, steal or share other people’s intellectual property, including that of The Lashpreneur LLC. All resources and tools available to Momentum Mastermind are intellectual property of The Lashpreneur LLC and are copyright protected. If you have a question or case of infringement, write to the party directly. We take these issues seriously and it’s grounds for possible removal from Momentum Mastermind. If you’re ever in doubt whether you’re able to share a juicy tidbit or piece of good advice in another forum, the answer is most likely no as all of the information contained with Momentum Mastermind is for the benefit of its members for educational and personal use only, not to be shared with any member outside of Momentum Mastermind. If you have any questions, you’re welcome to email us at hi@thelashpreneur.com
Don’t promote or spam.
Never email, private message or contact other members without their permission. Promoting is only reserved for specific days/times or if given direct permission by The Lashpreneur LLC. Violating this is grounds for immediate removal without refund. Whenever you’re in doubt about what you’re about to post, email us at hi@thelashpreneur.com and we’ll discuss what is acceptable and when.
No “Like” or “Follow” Trains.
We would be doing you and your lash business a disservice to encourage your participation in following other lash businesses if you no intention or desire to engage with their published content. This practice of like for like or follow for follow is detrimental to the algorithm working for you to reach actual customers who do want to see your content. As such, there is no need to start any “Like” or “Follow” trains. If you’d like to follow another community member and engage in their content, and we encourage you to, you may request their information thru direct message.
No Client Bashing
Trust us, we’ve all had troubling clients and this is part of how a lot of lash artists learn and grow to be better business owners is in the hard times, not the smooth sailing. This groups is created to help you navigate tricky client situations in a healthy, positive, and professional way for your business. We highly discourage you from bashing or negatively commenting on any of your clientele. In a world run by social media, a post or rant can haunt you and your lash biz forever. We never encourage you to take screenshots of your troubling personal conversations with clients to post in any forum, especially with their name included in the photo. We understand that text message is a huge form of communication and screenshots are easy to capture, but please respect the privacy of your clients by not posting a screenshot of your interaction. Instead, for sticky client issues and help troubleshooting, we encourage you to either give us a summary of the events leading up to that conversation and their response, or you may type out the interaction between you and “Client” but never divulge their name, phone number, or any identifying aspects of your client to keep them anonymous and their privacy respected.
BUT WHAT IF…
In a group of passionate lash artists from around the world, there are bound to be “heated” situations. Here are the official steps we recommend you take.
No One Commented on My Posts
The size of this group and the amount of questions asked can and will move quickly. It is nothing personal, believe me! Try reposting at a different time of day when more people may be active or try rewording your question. We’re all learning in the group so your question may be stumping others, in which case…BRAVO! We should hash it out in the group and try to figure it out. Also try to genuinely respond to other members in the group to build relationships and community. There are a lot of insanely brilliant and knowledgeable women in this group who have a heart for paying forward, and with enough time and experience under your belt, you can be one of them too! Just don’t ever give up and keep reaching out and asking questions. There’s no such thing as a dumb question in this group!
Where Did My Post Go?
When the community is active and lots of members are participating in the feed, Facebook is King and though it may be rare, occasionally Facebook will randomly hide or delete a post. Try a search within the group to see if your question pops up and if not, ask again. HOWEVER, if your post violates the guidelines set forth in the community, is perceived as threatening or not conducive to the group as a whole, it may have been removed by an admin. Please review the terms and conditions to ensure your posts are appropriate and helpful to the community and to the lash industry as a whole.
Someone Copied My ________
This community is built around sharing of ideas, concepts, tips and strategies. Everything online is copyright protected by its mere presence of being online, however if you feel someone has blatantly copied you for the sake of malicious intent, please write us at hi@thelashpreneur.com so that we can help to address the situation and take screenshots if necessary. Any copyright violation of the content, files, intellectual property and other exclusive members only materials belong to The Lashpreneur LLC and are not to be duplicated, shared or used for purposes outside of this group. Doing so will violate your membership terms and conditions and may be eligible for legal action. Otherwise we do encourage you to share your ideas and knowledge with the members of our group to raise the industry as a whole and empower members and women alike!
WHAT HAPPENS IF YOU DON’T FOLLOW OUR GUIDELINES?
We have tried insanely hard to create a positive and empowering environment for lash artists of all levels to start, build and grow a thriving lash business. We truly hope that everyone is a member to be a part of something great and life changing not only to your life, but to the lives of the other members. As such, we will protect the community to the best of our abilities and have established guidelines to help us to be able to achieve this. If you do slip up and violate the terms and conditions (guidelines) of this group, here are some possible avenues of recourse.
We may remove your post without permission. If it was intentionally deleted, there was a reason and it may have been reported to us to be abusive, inappropriate or unsuitable for the community. If you feel your question was valid, we encourage you to post again but try taking either a different tone or rewording it so it doesn’t illicit the same response.
We may reach out and give you a heads up to let you know you’ve violated our terms and conditions (we’d like to give you the benefit of the doubt, but be assured we take this community very seriously!).
Our lawyer might reach out to you.
We may remove you from the group and the community altogether.
If you have ANY questions about our terms and conditions (guidelines), or if you have a question we haven’t addressed, please reach out to us at hi@thelashpreneur.com
Updated: November 24, 2019
The Lashpreneur LLC
The Lashpreneur Society
SHARE THE LOVE AMBASSADOR PROGRAM AGREEMENT
This The Lashpreneur Society Share The Love Ambassador Program Agreement (the “Agreement”) is entered into as of your registration date into The Lashpreneur Society (the “Effective Date”) by and between The Lashpreneur LLC (the “Company”), and The Lashpreneur Society member or other influencers associated with The Lashpreneur LLC, an individual (the “Ambassador” or “Affiliate,” and together with the Company, the “Parties”). The terms “Ambassador” and “Affiliate” are used interchangeably throughout this agreement.
RECITALS
WHEREAS, the Company is engaged in online business consulting;
WHEREAS, the Affiliate provides links to third party websites, forums, social media platforms and word of mouth referrals on the Affiliate’s website (the “Affiliate Website”) and;
WHEREAS, the Company wishes to engage the Affiliate for the purpose of promoting its website www.TheLashpreneur.com and subsequent The Lashpreneur Society (the “Company Website”) by placing a hyperlink on the Affiliate Website, Social Media Pages, (the “Link”) on the terms and conditions set forth below;
WHEREAS, the Affiliate wishes to post the Link on the Affiliate Website, Social Media Pages, and promote via word of mouth and agrees to do so under the terms and conditions of this Agreement; and
WHEREAS, each Party is duly authorized and capable of entering into this Agreement.
NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:
- PURPOSE.
The Company hereby engages the Affiliate, and the Affiliate hereby accepts such engagement, to perform the services described in this Agreement and in Exhibit A attached hereto and made a part hereof, in connection with posting the Link on the Affiliate Website, Social Media Pages, and promote via word of mouth (the “Services”).
- COMPENSATION.
In exchange for the Services, the Company shall pay the Affiliate a referral fee as set forth in Exhibit A hereto (the “Referral Fee”). Payments of the Referral Fee, if any, shall be made according to the payment schedule set forth in Exhibit A hereto.
- TERM.
This Agreement is effective as of the Effective Date and shall continue in force, unless otherwise terminated in accordance with the provisions of Section 4 of this Agreement, for a period of 1 month (the “Term”). The Agreement will renew automatically on a month to month basis thereafter unless either Party provides 7 days written notice of its intent not to renew.
- TERMINATION.
(a) Types of Termination. This Agreement may be terminated:
(i) By either Party on provision of 7 days’ written notice to the other Party.
(ii) By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party’s material breach is not cured within 7 days of receipt of written notice thereof.
(iii) By either Party at any time and without prior notice, if the other Party is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the other Party, or is guilty of serious misconduct in connection with performance under this Agreement.
(iv) By the Company, in accordance with the provisions set forth in Section 9(a) of this Agreement.
(b) Responsibilities after Termination. Following the termination of this Agreement for any reason, the Company shall promptly pay the Affiliate any outstanding Referral Fees owed to the Affiliate for Services rendered before the effective date of the termination (the “Termination Date”). The Affiliate acknowledges and agrees that no other compensation, of any nature or type, other than any outstanding Referral Fees, shall be payable hereunder following the termination of this Agreement. The Affiliate shall return to the Company all materials and information the Company has provided to the Affiliate in connection with this Agreement, no later than 7 days after the Termination Date.
- RESPONSIBILITIES.
(a) Of the Affiliate. The Affiliate agrees to do each of the following:
(i) Post the Link on the Affiliate Website (optional), Social Media Pages, and promote via word of mouth as detailed in this Agreement and Exhibit A to this Agreement.
(ii) Perform the Services in a workmanlike manner and with professional diligence and skill, using fully-trained, skilled, competent, and experienced personnel.
(iii) Display the Link in a manner on the Affiliate Website (optional), Social Media Pages, and promote via word of mouth that does not reflect adversely on the Company or mislead visitors.
(iv) Promote the Link on all relevant social media platforms, forums, and groups where others may find value in the Services provided by Company.
(b) Of the Company. The Company agrees to do each of the following:
(i) Provide all assistance and cooperation to the Affiliate in order to enable the Affiliate to post the Link on the Affiliate Website (optional), Social Media Pages, and promote via word of mouth.
(ii) Provide initial information and deliver the materials comprising the Link within 3 days of the Effective Date.
(iii) Ensure the Link is of acceptable quality, content, and format, as further detailed in Section 9 to this Agreement and in Exhibit B attached hereto and made a part hereof.
(iv) Maintain accurate records of the data used to determine the Referral Fee.
(v) Make a good faith effort to provide customers with any products and/or services promoted by the Link.
(vi) Use commercially reasonable efforts to maintain the Company Website and minimize any downtime or errors that affect the operability of the Link.
- CONFIDENTIAL INFORMATION.
The Affiliate agrees, during the Term and for a period of 3 years thereafter, to hold in strictest confidence and not to use, except for the benefit of the Company or as required by law, or to disclose to any person, firm, or corporation without the prior written authorization of the Company, any Confidential Information of the Company. “Confidential Information” means any of the Company’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to the Affiliate by the Company either directly or indirectly. The Affiliate may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with the Company’s personnel or authorized representatives or for any other purpose the Company may hereafter authorize in writing. At the request of the Company, the Affiliate must promptly return all copies of Confidential Information received from the Company, and must promptly destroy all other Confidential Information prepared by the Affiliate, including, without limitation, any notes, reports, or other documents.
- PARTIES’ REPRESENTATIONS AND WARRANTIES.
(a) The Parties each represent and warrant as follows:
(i) Each Party has full power, authority, and right to perform its obligations under the Agreement.
(ii) This Agreement is a legal, valid, and binding obligation of each Party, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors’ rights generally and equitable remedies).
(iii) Entering into this Agreement will not violate the charter or bylaws of either Party or any material contract to which that Party is also a party.
(b) The Affiliate hereby represents and warrants as follows:
(i) The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and the Affiliate shall obtain all permits or permissions required to comply with such laws, rules, or regulations.
(ii) The Affiliate shall notify the Company of any changes to the Affiliate Website that would change its target audience or the size and/or placement of the Link at least 7 days prior to implementing such changes.
(iii) The Services required by this Agreement shall be performed by the Affiliate or the Affiliate’s staff, and the Company shall not be required to hire, supervise, or pay any assistants to help the Affiliate perform such Services.
(iv) The Affiliate is responsible for paying all ordinary and necessary expenses of its staff.
(v) The content comprising the Affiliate Website is not defamatory, discriminatory, violent, or obscene, does not constitute false advertising, solicit unlawful behavior, and violate any applicable laws, rules, or regulations.
(c) The Company hereby represents and warrants as follows:
(i) The Company will make timely payments of any Referral Fees earned by the Affiliate.
(ii) The Company shall notify the Affiliate of any changes to its procedures affecting the Affiliate’s obligations under this Agreement at least 3 days prior to implementing such changes.
(iii) The content comprising the Company Website is not defamatory, discriminatory, violent, or obscene, does not constitute false advertising, solicit unlawful behavior, and violate any applicable laws, rules, or regulations.
(iv) The Company has the right to sell the products or services promoted by the Link.
(v) The Company shall provide such other assistance to the Affiliate as it deems reasonable and appropriate.
- INTELLECTUAL PROPERTY.
(a) No Intellectual Property Infringement by Company. The Company represents to the Affiliate and unconditionally guarantees that all text, graphics, photos, designs, trademarks, or other content comprising any (i) Link and (ii) the Company Website are owned by the Company, or that the Company has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend the Affiliate and its subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Company. The Company further represents to the Affiliate that the Link does not infringe, dilute, or otherwise violate third-party rights or trademarks.
(b) No Intellectual Property Infringement by Affiliate. The Affiliate represents to the Company and unconditionally guarantees that all text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Affiliate Website are owned by the Affiliate, or that the Affiliate has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend the Company and its subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Affiliate. The Affiliate further represents to the Company that the Affiliate Website’s domain name or URL listing does not infringe, dilute, or otherwise violate third-party rights or trademarks.
(c) Company Property Rights. All text, graphics, photos, designs, trademarks, service marks, tradenames, or other content comprising the Link provided, leased, or licensed to the Affiliate with respect to the Affiliate’s performance of the Services are the sole property of the Company, and the Affiliate has no ownership or other intellectual property rights in or to such items. Without the prior written consent of the Company, the Affiliate will not use or mention the Company’s name, or publish or distribute any materials provided, leased, or licensed to the Affiliate, for any purpose not specified in this Agreement.
(d) Affiliate Property Rights. All text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Affiliate Website are the property of the Affiliate and the Company has no ownership rights or other intellectual property rights to such items.
(e) License. The Company grants the Affiliate a non-exclusive, limited license to use its trademarks, service marks, and trade names only in connection with placing the Link on the Affiliate Website during the Term.]
- COMPANY RIGHTS.
(a) Right to Monitor Affiliate Website. The Company has the right, but not the duty, to monitor the Affiliate Website. The Company shall notify the Affiliate of any modification that the Company reasonably requests be made to the Affiliate Website in connection with posting the Link. If the Affiliate fails to make such modification, the Company reserves the right to terminate the Agreement immediately on written notice.
(b) Right to Modify, Replace Link. The Company may, in its discretion, modify, update, or replace the Link with another Link no more than 1 time per month. Except as provided in Section 10 below, The Affiliate will remove the then-current Link from the Affiliate Website and replace such Link with the modified, updated, or replacement Link.
(c) Right to Remove Link. The Company may, in its discretion, direct the Affiliate to remove, and the Affiliate agrees to remove at the Company’s direction, the Link from the Affiliate Website at any time and for any reason.
(d) Right to Disclaimer. The Company may, in its discretion, direct the Affiliate to post the disclaimer set forth in Exhibit A hereto on the Affiliate Website (optional), Social Media Pages, and promotion via word of mouth
- Affiliate Rights.
(a) Right to Review Link. The Affiliate has the right, but not the duty, to review the Link, and does not accept responsibility or liability for any errors or inaccuracies.
(b) No Right to Alter Link. The Affiliate may not, without first obtaining the written consent of the Company, alter the Link in any manner, including, but not limited to, modification of the design, color, format, specification, or content of the Link.
(c) Right to Remove Link. The Affiliate may remove the Link from the Affiliate Website as set forth in Exhibit A hereto.
- DELIVERY, FORMAT, AND POSTING.
(a) Delivery of Link. The materials comprising the Link must be delivered to the Affiliate as set forth in Exhibit B hereto.
(b) Format of Link. The Link shall be in the format set forth in Exhibit B hereto.
(c) Posting of Link. The Link shall be posted on the Affiliate Website as set forth in Exhibit A hereto.
- COMPETITIVE LINKS.
During the Term, the Affiliate agrees it will not post any hyperlink on the Affiliate Website, Social Media Pages, and promote via word of mouth belonging to any of the Company’s competitors listed on Exhibit C to this Agreement. Additional competitors may be added to Exhibit C with the prior written consent of the Affiliate or removed with the prior written consent of the Company.
- INDEMNIFICATION.
(a) Of Company by Affiliate. The Affiliate shall indemnify and hold harmless the Company and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and disbursements (collectively, the “Claims”) that any of them may suffer from or incur and that arise or result primarily from (i) any gross negligence or willful misconduct of the Affiliate arising from or connected with the Affiliate’s carrying out of its duties under this Agreement, or (ii) the Affiliate’s breach of any of its obligations, agreements, or duties under this Agreement.
(b) Of Affiliate by Company. The Company shall indemnify and hold harmless the Affiliate from and against all Claims that it may suffer from or incur and that arise or result primarily from (i) its posting of the Link on the Affiliate Website in connection with the carrying out of its duties under this Agreement or (ii) the Company’s breach of any of its obligations, agreements, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the Affiliate.
- LAWS AFFECTING ELECTRONIC COMMERCE.
From time to time, governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Each Party agrees that it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the other Party and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the other Party’s exercise of Internet electronic commerce.
- LIMITATION OF LIABILITY.
THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE AGREEMENT. [THE COMPANY’S LIABILITY SHALL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE UNDER THE AGREEMENT.
- DISCLAIMERS.
The Company makes no express or implied warranties or representations with respect to any of the Company’s products or services sold through the Link, including, but not limited to, warranties of merchantability or fitness. The Company makes no representations that the operation of the Company Website will be uninterrupted or error-free during the Term.
- NATURE OF RELATIONSHIP.
The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. The Affiliate is and will remain an independent contractor in its relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Affiliate’s compensation hereunder. The Affiliate shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.
- AMENDMENTS.
No amendment, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.
- ASSIGNMENT.
Neither Party may, without the prior written consent of the other Party, assign, subcontract, or delegate its obligations under this Agreement, except that the Affiliate may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by the Company of written notice of such assignment or transfer.
- SUCCESSORS AND ASSIGNS.
All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the Parties.
- FORCE MAJEURE.
A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:
(a) notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and
(b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.
- NO IMPLIED WAIVER.
The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
- NOTICE.
Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given through email from hi@thelashpreneur.com to the email provided by Affiliate upon registration to The Lashpreneur Society Share The Love Ambassador Program.
- GOVERNING LAW.
This Agreement shall be governed by the laws of the state of California. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.
- COUNTERPARTS/ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, e-mail, or other electronic medium shall have the same force and effect as an original signature.
- SEVERABILITY.
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
- ENTIRE AGREEMENT.
This Agreement, together with the Exhibits hereto, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
- HEADINGS.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
EXHIBIT A
- SERVICES.
In exchange for the Referral Fee, the Affiliate will provide the following services: in a position to be determined by the Affiliate in its discretion; provided, however, that the Link may not be placed on the Affiliate Website in any position that would be misleading or cause confusion.
(ii) Post the Link on the Affiliate Website for such period(s) of time as may be determined by the Affiliate in its discretion.
(iii)Use reasonable efforts to ensure the Link works on the Affiliate Website, and that any visitor who clicks on the Link will be connected to the Company Website.
(b) Removal of Link. Remove the Link from the Affiliate Website as may be determined by the Affiliate in its discretion; provided, however, that the Affiliate shall remove the Link from the Affiliate Website immediately if directed to do so by the Company.
(c) Customer Referral. Refer new, unique and legitimate customers (i.e., customers not previously existing to the Company) to the Company Website via the Link.
- REFERRAL FEE.
(a) Calculation of Referral Fee. The Referral Fee shall be calculated by the Company in good faith at a rate of $20.00 (the “Rate”) per each valid click, as determined by the Company, on the Link (each, a “Click” and, collectively, the “Clicks”) that results in a sale of the Company’s products or services. The Company will notify the Affiliate in writing within seven (7) days of any changes to the Rate.
For any valid clicks that result in a sale of the $1.00 7-Day Trial, the referral fee will not be calculated on the $1.00 trial fee but will only be calculated and paid out if the click results in a membership payment of $49.00. The regular referral fee of $20.00 will apply.
(b) Records. The Company shall maintain accurate and up-to-date records in accordance with generally accepted methods of accounting for all data used to determine any Referral Fee payable to the Affiliate.
(c) Cookies. Tracking cookies will be set at thirty (30) days with day one (1) being the date of the first click.
(d) Affiliate Inspection; Discrepancies. The Company shall permit the Affiliate reasonable access to the records and data used to determine the Referral Fee for purposes of inspection. Any discrepancies between the Company’s records and any Referral Fee paid to the Affiliate shall be corrected by the Company within seven (7) days of receiving written notification of such discrepancy from the Affiliate.
(e) Payment. Except as provided below, any Referral Fee accrued and payable to the Affiliate shall be paid by the Company:
Within 60-90 days after the referral action occurs.
(i) No Payment of Referral Fee. The Affiliate will not be eligible to receive a Referral Fee for, and the Company will not pay a Referral Fee when:
(A) Such Referral Fee results from a manipulative, false, or erroneous Click, including, but not limited to, any Click obtained by a fraudulent or deceptive program, device, or scheme, artificial mechanism, or the use of Affiliate’s employees to generate a false Click.
(B) Such Referral Fee results from an existing customer of the Company.
(C) Such Referral Fee results accidentally from a duplicate sale.
(D) The sale underlying such Referral Fee results in a return, cancellation, or refund, or when payment is not received by the Company (each, a “Charge-back”).
(ii) Adjustment of Referral Fee. Any Referral Fee, or portion thereof, that has been paid to the Affiliate but later results in a charge-back will be deducted from the Affiliate’s next Referral Fee. If no subsequent Referral Fee is to be paid to the Affiliate, an invoice will be sent to the Affiliate for the amount of the Charge-back.
(iii) Forfeiture of Referral Fee. Following termination of the Agreement by the Company for a material breach pursuant to Section 4(a)(ii) thereof, the Affiliate will forfeit any Referral Fee and NO referral fees will be paid from the date of the breach forward and any referral fees paid out prior to the breach will be pursuant to a charge-back.
By clicking, Affiliate Agrees to comply with all of the requirements contained in this Exhibit A.
EXHIBIT B
LINK GUIDELINES
- DELIVERY.
The materials comprising the Link must be delivered to the Affiliate electronically via email to the email address provided upon registration and will also be accessible via the membership area at http://members.thelashpreneur.com/affiliate-area.
Updated: December 3, 2018