Pro Referral Program Terms
Effective date: 10/26/2023
By participating in our Pro Referral Program, you (“Referrer”) agree to comply with and be bound by the terms set forth below (the “Pro Referral Program Terms”), and you also agree to comply with and be bound by the StyleSeat Terms of Service for Professionals, StyleSeat’s Privacy Policy, and all rules, policies, and disclaimers posted on the Platform (defined herein) or about which you are notified (collectively, the “Agreement”). Any capitalized terms used herein without definition shall have the meaning given to them in the Agreement. Please review all terms carefully before participating in the Pro Referral Program.
1. Services. During the Term, Referrer shall discuss the benefits of the StyleSeat platform available at styleseat.com and the StyleSeat mobile applications available on the Apple App Store and Google Play Store (collectively, the “Platform”) with fellow beauty and barber professionals and encourage such professionals to subscribe to the Services. Referrer shall deliver active leads of such professionals to StyleSeat on an on-going basis using Referrer’s personal referral link provided by StyleSeat (“Personal Link”).
2. Referral Fees.
2.1 Subject to the Pro Referral Program Terms, StyleSeat agrees to pay Referrer a referral fee as set forth below (“Referral Fee”) for each Qualified Professional. StyleSeat reserves the right to change the Pro Referral Program Terms at any time on notice to Referrer. Any such changes shall not affect Referrer’s Referral Fee for Qualified Professionals previously referred to StyleSeat by Referrer prior to the effective date of such new Pro Referral Program Terms.
2.2 A “Qualified Professional” is a trained beauty or barbering professional who is referred to StyleSeat by Referrer using Referrer’s Personal Link and who (a) signs up for a Subscription account on the Platform using Referrer’s Personal Link as a result of Referrer’s performance of the Services, (b) does not, at the time of creation of such account, have an existing Account, nor has he or she or they ever had such an Account, (c) has completed at least six (6) appointments within thirty (90) days following the first day of the applicable Qualified Professional’s Subscription start date (the “Activation Period”), (d) has an active subscription, and (e) is located anywhere in the United States of America.
2.3 Referrer must remain active and in good standing (including being in full compliance at all times with StyleSeat’s Terms of Service) on the StyleSeat Platform for thirty (30) days following the first day of the applicable Qualified Professional’s Subscription start date before any Referral Fees shall be paid. StyleSeat reserves the right (a) to refuse any new professional (regardless of whether or not he or she or they are a Qualified Professional) and/or terminate his or her or their account pursuant to the then-applicable Terms of Service and (b) to suspend and/or refuse Referral Fee payment if StyleSeat reasonably suspects the Referrer is attempting to fraudulently collect Referral Fees in connection with any referral.
3. Method of Payment. Referral Fees shall be paid to the Referrer within sixty (60) days after the criteria in Section 2.2 and Section 2.3 is met. Such Referrer shall be paid by direct deposit to the method of payment provided in Referrer’s Account.
4. Social Media Posts.
During the Term, Referrer may publish social media posts on Instagram, Facebook, Twitter, LinkedIn, or TikTok promoting StyleSeat (the “Social Media Content”), related to Referrer’s role as an Referrer. StyleSeat may, but is not required to, provide free or discounted products, resources, and experiences to Referrer related to such Social Media Content.
4.1 Referrer shall be responsible for the accuracy and truth of all information contained in the Social Media Content. Referrer shall only make factual statements about StyleSeat and the Platform which Referrer knows for certain are true and can be proven or verified. Referrer further agrees to fully cooperate otherwise with StyleSeat in answering any questions StyleSeat might have concerning the Social Media Content.
4.2 If Referrer posts photographs or artwork created by third parties with the Social Media Content, Referrer shall provide written, signed releases from the photographer and/or artist and, where necessary, anyone who is portrayed or whose likeness appears in such photograph or artwork if requested by StyleSeat. Referrer represents and warrants it has all rights necessary to post the Social Media Content on the applicable platforms. Referrer shall comply with all federal, state and local laws, rules and regulations, including those concerning product endorsements, including, but not limited to, Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (the “FTC Endorsement Guides”). Referrer shall ensure that, where applicable, the Social Media Content contains the necessary disclosures regarding the sponsored nature of the content and the endorsement relationship between Referrer and StyleSeat, sufficient to comply with the FTC Endorsement Guides. This may include tagging StyleSeat in all posts (@styleseat) along with relevant hashtags, such as "#StyleSeat," and "#sponsored," as well as, where applicable, including relevant disclosure statements and marking posts such as "Paid Partnership With." StyleSeat recommends that Referrer seek independent legal counsel to advise on compliance with FTC Endorsement Guidelines.
5. Name and Likeness. If requested by StyleSeat, Referrer shall provide a photograph, detailed biography and any additional relevant information with respect to Referrer or the Social Media Content. Referrer hereby grants to StyleSeat a worldwide, nonexclusive, assignable, sub-licensable, royalty-free, fully paid-up, perpetual and irrevocable right and license to use and disseminate Referrer’s name, as well as Referrer’s photograph, likeness, and biographical information, for promotional and other purposes in connection with any of the foregoing, in StyleSeat’s sole discretion.
6. No Obligation. Notwithstanding anything to the contrary contained herein, nothing herein requires StyleSeat to use any Social Media Content and/or otherwise exploit any and/or all of the rights granted hereunder.
7. Relationship of the Parties. Referrer is an independent contractor. The relationship between StyleSeat and Referrer shall not constitute an agency or employment relationship, nor to constitute a partnership, joint venture or agency of any kind. Referrer shall not be considered an employee for purposes of any StyleSeat employment policy or any employment benefit plan, and Referrer shall not be entitled to any benefits under any such policy or benefit plan. Referrer is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Workers' Compensation Insurance. Referrer agrees to defend, indemnify and hold StyleSeat harmless from any and all claims, damages, liabilities, losses, attorneys' fees and expenses on account of an alleged failure by Referrer to satisfy any such obligations or any other obligation (under the Pro Referral Program Terms or otherwise).
8. Non-Compete. Referrer agrees that during the Term (whether or not during business hours), Referrer shall not engage in any activity that is in any way competitive with the business or demonstrably anticipated business of StyleSeat, and Referrer shall not assist any other person or organization in competing or in preparing to compete with any business or demonstrably anticipated business of StyleSeat.
9. Term; Termination. The Pro Referral Program Terms shall commence on the Effective Date and continue until and unless terminated pursuant to the terms hereof (the “Term”). Either party may terminate the Pro Referral Program Terms at any time, for any reason, on notice to the other party. Any such termination shall not affect Referrer’s fee for Qualified Professionals previously referred to StyleSeat by Referrer prior to such termination, if applicable.
StyleSeat Awards (The Stylies) Terms & Conditions
OFFICIAL RULES
The StyleSeat Awards contest (“The Stylies”) is sponsored by StyleSeat, Inc., having an address of 548 Market St. PMB 80095, San Francisco, California 94104 (“Sponsor”). By submitting an entry or accepting a Prize, you agree to comply with and be bound by the terms set forth below (“Official Rules”), and you also agree to comply with and be bound by the StyleSeat Terms of Service for Professionals and/or the StyleSeat Terms of Service for Clients (as applicable), StyleSeat’s Privacy Policy, and all rules, policies, and disclaimers posted on the Platform or about which you are notified (the “Agreement”). Any capitalized terms used herein without definition shall have the meaning given to them in the Agreement.
ELIGIBILITY:
ONLY CURRENT PAYING PROFESSIONAL SUBSCRIBERS OF STYLESEAT ARE ELIGIBLE TO WIN PRIZES. Professionals must be in compliance with and in good standing with the Terms of Service for Professionals to win prizes. Employees of Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of The Stylies, and their immediate family members or household members are not eligible to submit entries in the contest or win prizes. Residents of Rhode Island are not eligible to win Prizes. This contest is void where prohibited or restricted by law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
To be eligible to win the Trendsetter Award (“Trendsetter Award”) and the Brand Champion Award (“Brand Champion Award”), Professionals must have (i) an active Professional Subscription, and (ii) completed five (5) or more appointments booked through the StyleSeat Platform between January 1, 2022 and April 25, 2023. To be eligible to win the Booked & Busy Award (“Booked & Busy Award”), Client Choice Award (“Client Choice Award”), Grow with Style Award (“Grow with Style Award”), and Best New Pro Award (“Best New Pro”) (collectively, the “Data-Driven Categories”), Professionals must have (i) an active Professional Subscription, and (ii) completed five (5) or more appointments booked through the StyleSeat Platform between January 1, 2022 and December 31, 2022.
ENTRY PERIOD:
The entry period begins at 12:00pm. Pacific Time on May 22, 2023 and ends at 11:59 p.m. Pacific Time on June 5, 2023 (“Entry Period”).
HOW TO ENTER:
To submit an entry for the Trendsetter Award you will need to upload a photo of your work and include #Stylies2023 in the caption. The individual’s Instagram profile will need to be public in order to be considered. StyleSeat will select the finalists of Trendsetter award categories and will conduct a community voting on Instagram starting 12:00 p.m. Pacific Time on June 12, 2023 and ending 11:59 a.m Pacific Time on June 13, 2023. No application is required to enter the Data-Driven Categories. Eligible Professionals are automatically entered to win prizes in Data-Driven Categories.
You may only submit one (1) entry per Professional for the Trendsetter Award. Multiple entrants that submit the same content will be disqualified for the Trendsetter Award. Any late, lost, misdirected, incorrect or incomplete entries will be disqualified and Sponsor and its agents will not be responsible for such entries.
By submitting an entry or accepting a Prize, you agree that the photo of your work that you submitted for the Trendsetter Awards submission and any other information provided by you or collected by Sponsor in connection with The Stylies (“Content”) may be used by Sponsor in accordance with StyleSeat’s Terms of Service for Professionals and/or Terms of Service for Clients (as applicable) and Privacy Policy. You hereby grant Sponsor (and its affiliates, successors and assigns), without additional consideration, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable right and license to use, reproduce, copy, modify, publish, display, distribute, translate, create derivative works, and otherwise use and exploit the Content, including all intellectual property rights related thereto, including in any digital or other media (whether now known or hereafter developed) or social networks.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
PRIZES: Prizes for each award (“Prizes”) are set forth here:
Trendsetter Award prizes:
2023 Winner Trophy
Profile search boost
StyleSeat swag box
Booked & Busy Award prizes:
Profile search boost
StyleSeat swag box
Client Choice Award prizes:
Profile search boost
StyleSeat swag box
Best New Pro Award prizes:
2023 Winner Trophy
Profile search boost
StyleSeat swag box
Grow with Style Award prizes:
2023 Winner Trophy
Profile search boost
StyleSeat swag box
Decisions of the Sponsor are final and binding with respect to all matters related to The Stylies. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Where applicable, winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Entry Period, send a self-addressed stamped envelope to ATTN: The Stylies, 548 Market St. PMB 80095, San Francisco, California 94104.
Please allow 6-8 weeks for delivery of Prizes.
PRIZE SELECTION:
Trendsetter Award: Eight (8) Trendsetter Award winners will be selected from the Stylies Trendsetter Award Submissions on Instagram. Trendsetter Award selection criteria includes, but is not limited to: (i) being selected by StyleSeat as a finalist (ii) received the most votes on Instagram for final voting.
Booked & Busy Award: The Booked & Busy Award will be awarded to seventy eight (78) eligible Professionals with the highest number of total completed appointments booked through the Platform between January 1, 2022 and December 31, 2022 in each of the following locations: (i) Atlanta, Georgia, (ii) Chicago, Illinois, (iii) Dallas, Texas, (iv) Houston, Texas, (v) Washington, D.C., (vi) New York, NY, and(vii) Los Angeles, CA (“Client Choice Locations”), and for each of the following Styling Services categories: (i) braids, (ii) natural hair, (iii) hair color, (iv) hair treatments, (v) women’s haircuts, (vi) kids’ services, (vii) eyelashes, (viii) makeup, (ix) men’s haircuts, (x) esthetician services, and (xi) eyebrows. One winner from each Booked & Busy Award will be selected for each of the foregoing Styling Services categories.
Client Choice Award: The Client Choice Award will be awarded to seventy eight (78) with the highest number of total client reviews and highest ratings average among such reviews between January 1, 2022 and December 31, 2022 in each of the following locations: (i) Atlanta, Georgia, (ii) Chicago, Illinois, (iii) Dallas, Texas, (iv) Houston, Texas, (v) Washington, D.C., (vi) New York, NY, and(vii) Los Angeles, CA (“Client Choice Locations”), and for each of the following Styling Services categories: (i) braids, (ii) natural hair, (iii) hair color, (iv) hair treatments, (v) women’s haircuts, (vi) kids’ services, (vii) eyelashes, (viii) makeup, (ix) men’s haircuts, (x) esthetician services, and (xi) eyebrows. One winner from each Client Choice will be selected for each of the foregoing Styling Services categories.
Brand Champion Award: The Brand Champion Award will be awarded to one (1) eligible Professional who is a brand advocate for StyleSeat across social media between January 1, 2022 and December 31, 2022 The award winner will be selected by StyleSeat.
Best New Pro Award: The Best New Pro Award will be awarded to one (1) eligible Professional who joined StyleSeat between January 1, 2022 and December 31, 2022 and has the highest number of total completed appointments booked through the Platform.
Grow With Style Award: will be awarded to one (1) eligible Professional who has the highest number of total completed appointments booked through the Platform from January 1, 2021 to December 31, 2022 versus January 1, 2022 to December 31, 2022.
This contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to The Stylies. Winners will be notified by email and/or direct message to the social media profile provided in the Stylies Application for such winning Professional; provided, however, that Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize within fourteen (14) days after the date of notification of such Prize. A winner's failure to respond to the Prize notification within the specified fourteen (14) days will be considered such winner's forfeiture of the Prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
GENERAL CONDITIONS AND RELEASES:
By submitting an entry or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, submitting an entry and/or accepting a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).
A Professional may be disqualified from winning prizes if they fail to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Entry submission and/or participation in this contest is at participant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner or entrant in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to enter or participate in this contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading any application or otherwise in connection with The Stylies; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THESE OFFICIAL RULES OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By submitting an entry or accepting a Prize, you agree to and hereby do release and hold harmless Sponsor and its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your entry or acceptance of a Prize in this contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with The Stylies may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend the contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. These Official Rules shall be governed by California law, without regard to conflicts of laws provisions. By submitting an entry or accepting a Prize, you agree that any dispute or litigation arising from or relating to The Stylies shall be determined by binding arbitration only in San Francisco, California by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules otherwise remain in full force and effect and enforceable.
