As an authorized affiliate (Affiliate) of Recovery Nutraceuticals Inc (Recovery Factors), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Recovery Factors as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Recovery Factors by your own website or personal referrals.
By signing up for the Recovery Factors Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application or Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application or Registration.
2. Commissions
Commissions will be paid once a month but only if the outstanding balance owed to the Affiliate from commission earned is $100 or more.
You can refer yourself, and you will receive a commission on your own purchases.
Payments will only be sent for transactions that have been successfully completed. Refunds will reverse the commission paid on the associated sales and deducted from the balance owed to the Affiliate.
3. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
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Any misrepresentation by the Affiliate whatsoever.
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Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
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Spamming (mass email, mass newsgroup posting, etc.).
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Advertising on sites containing or promoting illegal activities.
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Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
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Violation of intellectual property rights. Recovery Factors reserves the right to require license agreements from those who employ trademarks of Recovery Factors in order to protect our intellectual property rights.
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Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
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Fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Recovery Factors reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Recovery Factors site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupon and Deal Sites
Recovery Factors provides a coupon to affiliates which will provide a predetermined discount to your clients and associate those clients as referrals with the Affiliate. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
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Affiliates may not use misleading advertising to solicit clicks of affiliate links or use of the Affiliate coupon on the Recovery Factors website.
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The destination URL of Affiliate links must not be tampered with if an affiliate URL is used.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
7. Liability
Recovery Factors will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the products sold by Recovery Factors. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
9. Indemnification
Affiliate shall indemnify and hold harmless Recovery Factors and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Recovery Factors to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the Canada and the British Columbia. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in British Columbia.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Recovery Factors affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Recovery Factors application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
