Program Application






Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 20.00% and product specific
Additional terms This Agreement contains the complete terms and conditions that apply to the Agent's participation in the affiliate program (the "Program").  1. Definitions and Interpretation "Affiliated Company" means a subsidiary of Speechless or a holding company of Speechless or any other subsidiary of that holding company. "Affiliated Links" are links placed on Agent's website leading Customers (as defined below) to the Website (as defined below) in accordance with this Agreement (in particular with clause 3). "Customer" means any customer routed from Agent's website to the Website (as defined below). "Product" is any publicly available product item listed on the Website as defined below. "Website" refers to www.speechless.com or any other website provided by Speechless and notified to Agent. In this Agreement, unless the context otherwise requires, words importing the plural include the singular and vice versa. 2. Enrolment in the Program If you are not entitled to act in the name and on behalf of Agent, you should not accept these terms and should not register the Agent for the Program.Agent hereby explicitly agrees that Agent's website from which Agent routes Customers to the Website does not contain any of the following: - promotion of sexually explicit materials; - promotion of violence; - promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; - promotion of illegal activities; - any violation of a third party's rights (in particular intellectual property rights); or - anything similar to any of the aforementioned in this clause 2. Speechless may check Agent's website on a regular basis whether Agent's website contains any of the contents referred to above. In addition to the aforementioned Speechlessmay check Agent's website on a regular basis whether Agent's website is appropriate to link to the Website. 3. Links on Agent's Website Agent will be responsible for the content, style, and placement of these references. Agent may add or delete Products (and related links) from its website at any time without Speechless’s approval. Products shown on Agent's website must not in any case quote any prices. Speechless provides banners, logos, and Product images on the Website. To permit accurate tracking, reporting, and commission rate accrual Speechless will provide Agent with Affiliated Links to be used in all links between Agent's website and the Website. Agent hereby agrees to ensure that each of the links between Agent's website and the Website properly utilizes Affiliated Links. Agent will get commission rates only with respect to activity on the Website occurring directly through Affiliated Links. Speechless will not be liable to Agent with respect to any failure by Agent to use Affiliated Links, including but not limited to the extent that such failure may result in any reduction of Agent's commission due to less Customers directed to the Website.  Correct set-up and maintenance of these Affiliated Links are Agent's sole responsibility. Agent hereby acknowledges that, by participating in the Program and placing any of the Affiliated Links within Agent's website, Speechless may receive information from visitors to Agent's website if they buy something on the Website. Agent's participation in the Program constitutes Agent's specific and unconditional consent to and authorization for Speechless’s access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth on the Website as amended from time to time. Agent hereby accepts its obligation to inform on Agent's website that Speechless may receive information from visitors to Agent's website if they buy something on the Website. On Speechless’s request Agent is obliged to inform Speechless about any website on which Agent placed an Affiliated Link. In case Agent does not (fully) comply with such request in a timely manner Speechless may deactivate the respective Affiliated Link without any notice. 4. Order Processing Speechless will fully and independently process Product orders placed by Customers on the Website. Speechless reserves the right to reject orders that do not comply with any requirements that Speechless may establish, update, and/or change from time to time. Speechless will be responsible for all aspects of order processing and fulfilment. Among other duties, Speechless will prepare order forms, process payments, cancellations, and returns and handle customer service. Speechless will track sales made to Customers who purchase Products by using Affiliated Links.  5. Commission Rates Speechless will pay Agent (in accordance with clause 6 below) commission rates on certain Product sales to Customers. For a Product sale to be eligible to get commission rates, the Customer must click through an Affiliated Link on Agent's website to the Website and add the Product to his or her shopping cart during a session. The session ends upon one of the following events: (i) 24 hours elapse from the Customer's initial click-through or (ii) the Customer orders the Product. Speechless will only account commission rates on such Products after correct order, payment, and shipping have occurred; however, in case of a return of Products by the Customer not due to a defect of such Products and/or in case of a cancellation of the order due to suspected and/or confirmed fraud, no commission will be paid to the Agent by Speechless. By using Speechless’s affiliated partner account Agent will be able to check its commission earned. 6. Commission Rate Agent will receive a commission based on the net amount excluding costs for shipping, service charges, credit card processing fees, returns, and bad debt.  7. Accounting and Payments Speechless will pay Agent's earnings monthly in the following month to Agent's PayPal account. However, payments will only be made if the earnings to be paid have accrued to a minimum amount of USD40 (US Dollars forty). Agent will bear the fees charged by PayPal for the receipt of such amounts, if any. Agent may inform Speechless of a change in the PayPal details two (2) weeks prior to the next payment date at the latest. If there is more than one person or legal entity acting jointly as Agent, these persons or legal entities must coordinate their decisions and communication to Speechless amongst themselves. Speechless will only act according to the first communication received from any of these persons or legal entities, any differences or changes of instructions are to Speechless’s sole discretion only. 8. Policies and Pricing Customers who buy Products are customers of Speechless or any Affiliated Company. Accordingly, any of Speechless’s rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those Customers. Speechless will determine the prices to be charged for Products sold under this Program in accordance with its pricing policies. Product prices and availability may vary from time to time. Speechless will use commercially reasonable efforts to present accurate information but, however, cannot guarantee the availability or price of any particular Product.  9. Term of this Agreement This Agreement will come into effect upon Speechless acceptance of Agent's application to participate in the Program and will end when terminated by either Party . Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Upon the termination of this Agreement Agent will cease use of, and remove from its website, all links to the Website, all logos, and all other materials provided by or on behalf of Speechless to Agent pursuant to this Agreement and/or in connection with the Program. Speechless reserves the right to take any of Agent's link to the Website offline. Agent is eligible to receive commission rates only on sales of Products available to the public on the Website that occur during the term, and earning through the date of termination will remain payable only if the respective Customer orders are not cancelled or returned. Speechless may withhold Agent's final payment for a reasonable time to ensure that the correct amount is paid. In case Agent's commission earned is below the threshold of USD40 (US Dollars forty), Speechless will convert Agent's commission into a discount for purchases on the Website. 10. Waiver  No failure to exercise, nor any delay in exercising, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 11. Governing Law  This Agreement and any non-contractual obligations arising out of or in connection with it are governed by New York law except for the New York conflict of law principles and except for the Convention on Contracts of International Sale of Goods (CISG).  12. Jurisdiction  The courts of New York have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity, or termination of this Agreement) or any non-contractual obligation arising out of or in connection with this Agreement. The Parties agree that the courts of New York are the most appropriate and convenient courts to settle disputes arising out of or in connection with this Agreement and accordingly no Party will argue to the contrary. 13. Severability  The Parties agree that should at any time any provision of this Agreement be or become void, invalid, or due to any reason ineffective this will indisputably not affect the validity or effectiveness of the remaining provisions and this Agreement will remain valid and effective, save for the void, invalid, or ineffective provisions, without any Party having to argue and prove the Parties' intent to uphold this Agreement even without the void, invalid, or ineffective provisions. The void, invalid, or ineffective provision shall be deemed replaced by such valid and effective provision that in legal and economic terms comes closest to what the Parties intended or would have intended in accordance with the purpose of this Agreement if they had considered the point at the time of conclusion of this Agreement. 14. Modification Speechless may modify any of the terms and conditions contained in this Agreement, at any time and in Speechless’s sole discretion, by sending Agent a change notice or a new agreement. Modifications may include but are not limited to changes in the scope of available commission rates, commission rate schedules, payment procedures, and/or Program rules.  15. Liability Any services provided by Speechless to Agent are without any warranty or liability, unless Speechless acted grossly negligent or with malice aforethought or in case of damage to a person's life or body. Under no circumstances will Speechless be liable for loss and/or damage, neither direct nor indirect, consequential loss or damage or business interruption or loss of profit or goodwill or failure of a reduction of costs, unless Speechless acted grossly negligent or with malice aforethought or in case of damage to a person's life or body. In each case Agent may claim damages only in case Agent proves Speechless’s default.  Without limiting the foregoing, Speechless’s liability arising with respect to this Agreement will not exceed the total fees paid or payable by Speechless to Agent under this Agreement for the respective quarterly order value. Agent will especially indemnify and hold Speechless harmless from any claims, damages, losses, and expenses (e.g. attorney fees payable as incurred) relating to development, operation, maintenance, and contents of Agent's websites, use of advertising, violation of this Agreement, and/or violation of any third party rights.
Since 2001, Speechless has been designing trend-driven dresses for the free-spirited, fierce and flirty. Based in Los Angeles, we create dresses that fit your every social moment. We celebrate our passion for innovation by designing styles that make you feel confident. Speechless is committed to giving you a perfect look for every occasion, whether it’s a night out on the town, or your daily go to…  #LeaveThemSpeechless


This Agreement contains the complete terms and conditions that apply to the Agent's participation in the affiliate program (the "Program"). 




1. Definitions and Interpretation




"Affiliated Company" means a subsidiary of Speechless or a holding company of Speechless or any other subsidiary of that holding company.




"Affiliated Links" are links placed on Agent's website leading Customers (as defined below) to the Website (as defined below) in accordance with this Agreement (in particular with clause 3).




"Customer" means any customer routed from Agent's website to the Website (as defined below).




"Product" is any publicly available product item listed on the Website as defined below.




"Website" refers to www.speechless.com or any other website provided by Speechless and notified to Agent.




In this Agreement, unless the context otherwise requires, words importing the plural include the singular and vice versa.






2. Enrolment in the Program


If you are not entitled to act in the name and on behalf of Agent, you should not accept these terms and should not register the Agent for the Program.Agent hereby explicitly agrees that Agent's website from which Agent routes Customers to the Website does not contain any of the following:




- promotion of sexually explicit materials;


- promotion of violence;


- promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;


- promotion of illegal activities;


- any violation of a third party's rights (in particular intellectual property rights); or


- anything similar to any of the aforementioned in this clause 2.




Speechless may check Agent's website on a regular basis whether Agent's website contains any of the contents referred to above.


In addition to the aforementioned Speechless may check Agent's website on a regular basis whether Agent's website is appropriate to link to the Website.




3. Links on Agent's Website


Agent will be responsible for the content, style, and placement of these references. Agent may add or delete Products (and related links) from its website at any time without Speechless’s approval. Products shown on Agent's website must not in any case quote any prices.


Speechless provides banners, logos, and Product images on the Website. To permit accurate tracking, reporting, and commission rate accrual Speechless will provide Agent with Affiliated Links to be used in all links between Agent's website and the Website. Agent hereby agrees to ensure that each of the links between Agent's website and the Website properly utilizes Affiliated Links. Agent will get commission rates only with respect to activity on the Website occurring directly through Affiliated Links. Speechless will not be liable to Agent with respect to any failure by Agent to use Affiliated Links, including but not limited to the extent that such failure may result in any reduction of Agent's commission due to less Customers directed to the Website.  Correct set-up and maintenance of these Affiliated Links are Agent's sole responsibility.


Agent hereby acknowledges that, by participating in the Program and placing any of the Affiliated Links within Agent's website, Speechless may receive information from visitors to Agent's website if they buy something on the Website. Agent's participation in the Program constitutes Agent's specific and unconditional consent to and authorization for Speechless’s access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth on the Website as amended from time to time. Agent hereby accepts its obligation to inform on Agent's website that Speechless may receive information from visitors to Agent's website if they buy something on the Website.


On Speechless’s request Agent is obliged to inform Speechless about any website on which Agent placed an Affiliated Link. In case Agent does not (fully) comply with such request in a timely manner Speechless may deactivate the respective Affiliated Link without any notice.






4. Order Processing


Speechless will fully and independently process Product orders placed by Customers on the Website. Speechless reserves the right to reject orders that do not comply with any requirements that Speechless may establish, update, and/or change from time to time. Speechless will be responsible for all aspects of order processing and fulfilment. Among other duties, Speechless will prepare order forms, process payments, cancellations, and returns and handle customer service. Speechless will track sales made to Customers who purchase Products by using Affiliated Links. 




5. Commission Rates


Speechless will pay Agent (in accordance with clause 6 below) commission rates on certain Product sales to Customers. For a Product sale to be eligible to get commission rates, the Customer must click through an Affiliated Link on Agent's website to the Website and add the Product to his or her shopping cart during a session. The session ends upon one of the following events: (i) 24 hours elapse from the Customer's initial click-through or (ii) the Customer orders the Product. Speechless will only account commission rates on such Products after correct order, payment, and shipping have occurred; however, in case of a return of Products by the Customer not due to a defect of such Products and/or in case of a cancellation of the order due to suspected and/or confirmed fraud, no commission will be paid to the Agent by Speechless. By using Speechless’s affiliated partner account Agent will be able to check its commission earned.




6. Commission Rate


Agent will receive a commission based on the net amount excluding costs for shipping, service charges, credit card processing fees, returns, and bad debt. 




7. Accounting and Payments


Speechless will pay Agent's earnings monthly in the following month to Agent's PayPal account. However, payments will only be made if the earnings to be paid have accrued to a minimum amount of USD40 (US Dollars forty). Agent will bear the fees charged by PayPal for the receipt of such amounts, if any.


Agent may inform Speechless of a change in the PayPal details two (2) weeks prior to the next payment date at the latest.


If there is more than one person or legal entity acting jointly as Agent, these persons or legal entities must coordinate their decisions and communication to Speechless amongst themselves. Speechless will only act according to the first communication received from any of these persons or legal entities, any differences or changes of instructions are to Speechless’s sole discretion only.




8. Policies and Pricing


Customers who buy Products are customers of Speechless or any Affiliated Company. Accordingly, any of Speechless’s rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those Customers. Speechless will determine the prices to be charged for Products sold under this Program in accordance with its pricing policies. Product prices and availability may vary from time to time. Speechless will use commercially reasonable efforts to present accurate information but, however, cannot guarantee the availability or price of any particular Product. 




9. Term of this Agreement


This Agreement will come into effect upon Speechless acceptance of Agent's application to participate in the Program and will end when terminated by either Party . Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Upon the termination of this Agreement Agent will cease use of, and remove from its website, all links to the Website, all logos, and all other materials provided by or on behalf of Speechless to Agent pursuant to this Agreement and/or in connection with the Program. Speechless reserves the right to take any of Agent's link to the Website offline.


Agent is eligible to receive commission rates only on sales of Products available to the public on the Website that occur during the term, and earning through the date of termination will remain payable only if the respective Customer orders are not cancelled or returned. Speechless may withhold Agent's final payment for a reasonable time to ensure that the correct amount is paid. In case Agent's commission earned is below the threshold of USD40 (US Dollars forty), Speechless will convert Agent's commission into a discount for purchases on the Website.




10. Waiver 


No failure to exercise, nor any delay in exercising, any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.




11. Governing Law 


This Agreement and any non-contractual obligations arising out of or in connection with it are governed by New York law except for the New York conflict of law principles and except for the Convention on Contracts of International Sale of Goods (CISG). 




12. Jurisdiction 


The courts of New York have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity, or termination of this Agreement) or any non-contractual obligation arising out of or in connection with this Agreement. The Parties agree that the courts of New York are the most appropriate and convenient courts to settle disputes arising out of or in connection with this Agreement and accordingly no Party will argue to the contrary.




13. Severability 


The Parties agree that should at any time any provision of this Agreement be or become void, invalid, or due to any reason ineffective this will indisputably not affect the validity or effectiveness of the remaining provisions and this Agreement will remain valid and effective, save for the void, invalid, or ineffective provisions, without any Party having to argue and prove the Parties' intent to uphold this Agreement even without the void, invalid, or ineffective provisions. The void, invalid, or ineffective provision shall be deemed replaced by such valid and effective provision that in legal and economic terms comes closest to what the Parties intended or would have intended in accordance with the purpose of this Agreement if they had considered the point at the time of conclusion of this Agreement.




14. Modification


Speechless may modify any of the terms and conditions contained in this Agreement, at any time and in Speechless’s sole discretion, by sending Agent a change notice or a new agreement. Modifications may include but are not limited to changes in the scope of available commission rates, commission rate schedules, payment procedures, and/or Program rules. 




15. Liability


Any services provided by Speechless to Agent are without any warranty or liability, unless Speechless acted grossly negligent or with malice aforethought or in case of damage to a person's life or body. Under no circumstances will Speechless be liable for loss and/or damage, neither direct nor indirect, consequential loss or damage or business interruption or loss of profit or goodwill or failure of a reduction of costs, unless Speechless acted grossly negligent or with malice aforethought or in case of damage to a person's life or body. In each case Agent may claim damages only in case Agent proves Speechless’s default.  Without limiting the foregoing, Speechless’s liability arising with respect to this Agreement will not exceed the total fees paid or payable by Speechless to Agent under this Agreement for the respective quarterly order value. Agent will especially indemnify and hold Speechless harmless from any claims, damages, losses, and expenses (e.g. attorney fees payable as incurred) relating to development, operation, maintenance, and contents of Agent's websites, use of advertising, violation of this Agreement, and/or violation of any third party rights.