TERMS & CONDITIONS

Welcome to Makeup by Mario Pro
(the “Program”) offered by Makeup by Mario (“MBM”). We’re glad you’re here, and we hope you enjoy everything we have to offer. By participating in the Program, you agree to these Terms, our Privacy Policy, and our website Terms and Conditions. Please read them carefully. Makeup by Mario reserves the right to modify the Makeup by Mario Pro Membership program and its benefits at any time without prior notice.

Who is Eligible

The Program is open to individuals who are (a) professional makeup artists (“Professional”) or students training to be a Professional (“Apprentice”), (b) at least 18 years old, or the age of majority where they reside, whichever is older. Businesses or other groups of individuals are not eligible to participate in the Program. We reserve the right to request proof of eligibility at any time. 

How to Apply

To apply, visit www.makeupbymario.com, complete the application form, and follow the instructions to submit proof of eligibility. You will be notified via email about the status of your application within 14 days of your submission. If your application is not approved, clarification will be given via email and you can reapply at any time. MBM’s decisions regarding eligibility are final and binding.

If we accept your application, you utilize the email address associated with your Makeup By Mario Pro account that will enable you take advantage of the discount described below when you shop on www.makeupbymario.com. You are responsible for maintaining the security of your Account, and you are responsible for all activities that occur under your Account. If you believe your Account has been compromised at any time, you must notify us immediately by sending an email to pro@makeupbymario.com. 

A Professional membership lasts three years, and an Apprentice membership lasts one year. After your membership expires, you will need to re-apply and provide proof of continued eligibility. 

Discounts

Professional Makeup Artist membership: 30% Discount

Apprentice membership: 20%  Discount

Discount cannot be combined with or applied to more than one discount offer or special promotions

Subject to the limitations set forth below, your Program discount will automatically be applied to your order at the final step of checkout, as long as you are signed into your Account. Discounts are only available for eligible purchases on the Site and cannot be combined with other offers.

Limitations on Purchases

Makeup By Mario may, at its sole discretion, refuse or cancel any order and limit order quantity. It may also require additional qualifying information prior to accepting or processing any order and reserves the right, at any time after receiving your order, to accept or decline your order for any reason. If MBM cancels an order after you have already been billed, MBM will refund the billed amount.

You must observe the following limitations on purchases:

• You may not include more than five of the same SKU in one purchase.
• You may not spend more than 1,600 USD post-discount on purchases per calendar month.
• All purchases must be shipped to credit card billing address.

If your order exceeds any of the limitations set forth above, we reserve the right to cancel your order or modify the number of items in your order to comply with these Terms. 

Prohibited Activities

Discounts are only for your use as a Professional or Apprentice, in connection with your business or trade. Accordingly, you may not:

• Use your Discount to make purchases for other people.
• Use your Discount to make bulk purchases for resale. 
• Use your Discount to make purchases in excess of the limits set forth in these Terms. 

We reserve the right to terminate your Program membership, cancel any outstanding orders, and take appropriate legal action, if we suspect you are engaging in these activities or otherwise violating these Terms.

Modifications and Termination

We reserve the right to modify any of the terms and conditions governing the Program at any time, with or without notice, even though these changes may affect your ability to receive
discounts. Modifications are effective immediately upon posting of the updated Terms. We also reserve the right to suspend or terminate the Program (in part or in its entirety) at any time, for any reason. If we do terminate the Program, we will notify you by email. 

Your continued participation in the Program constitutes your acceptance of any changes we make to these Terms. You are responsible for remaining knowledgeable about any changes we may make to these Terms. The most current version of the Terms will be available on makeupbymario.com  and will supersede all previous versions of the Terms.

If you don’t agree to any change we make, you can stop participating in the Program. Email pro@makeupbymario.com and we’ll cancel your account. 

General Terms

If we suspect that you have failed to comply with these Terms, no longer meet the eligibility requirements, engaged in fraudulent or inappropriate activity, made purchases for a business or for resale, or otherwise attempted to manipulate or unfairly benefit from the Program, as determined by us, in our sole discretion, we reserve the right to terminate your Program membership, prohibit you from participating in the Program, and take appropriate legal action. If we terminate your Program membership, you will not be able to make any additional purchase with discounts.  

The Program is governed by the laws of the state of New York and is void where prohibited by law. We make no guarantees, warranties, or representations of any kind concerning the Program. By participating in the Program, you agree to release and hold Makeup by Mario, its parent, subsidiary and affiliate entities, and their respective officers, directors, employees, and agents harmless from and against any claim or cause of action arising out of participation in the Program, including, but not limited to any technical errors that may prevent you from using discounts.  

If we need to communicate with you about the Program, we’ll send a message to the e-mail address associated with your Program membership. If your email address changes after you register for the Program, you are responsible for promptly updating your Account.

Questions?

If you have any questions about the Program, please visit
our FAQ or contact us at pro@makeupbymario.com.

NEITHER MAKEUP BY MARIO  NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC AND THE UNITED KINGDOM, DO NOT ALLOW FOR THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU AGREE THAT, WHERE PERMITTED BY APPLICABLE LAW, NEITHER MAKEUP BY MARIO NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY REASON (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THROUGH HYPERLINKS TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. 

FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAKEUP BY MARIO NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR LOST PROFITS ARISING FROM THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD100.00).

WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your breach of these Terms or your violation of any law, rule, regulation or these Terms.

Where permitted by applicable law (which may not include the Province of Quebec or the United Kingdom), this Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict of-laws considerations.

WHERE PERMITTED BY APPLICABLE LAW (WHICH MAY NOT INCLUDE THE PROVINCE OF QUEBEC OR THE UNITED KINGDOM), ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.

It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action or group litigation basis or to utilize class action or group litigation procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC AND THE UNITED KINGDOM) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS OR GROUP MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) provide
goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable
internal uses that are consistent with our Privacy Policy; and (4) comply with a legal obligation.