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Affiliate Program Terms
HomeopathyWorld.com Affiliate
Program Operating Agreement Terms and Conditions
This
Agreement contains the complete terms and conditions that
apply to an individual's or entity's participation in the
HomeopathyWorld.com Affiliate Program (the "Program"). As
used in this Agreement, "we" means Homeopathykits.com, "you"
means the applicant, and "product" means any item offered
for sale on the HomeopathyWorld.com site. "Site"
means a World Wide Web site and, depending on the context,
refers either to the HomeopathyWorld.com site or to the site
that you will link to our site.
1.
Enrollment in the Program
To begin the enrollment process, you will submit a complete
Program application via e-mail. We will evaluate your application
in good faith and will notify you of your acceptance or rejection.
We may reject your application if we determine (in our sole
discretion) that your site is unsuitable for the Program.
Unsuitable sites include, but are not limited to, sites that:
promote or contain or link to sexually explicit materials
promote violence promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or
age promote illegal activities violate intellectual property
rights or violate any local, state, federal , national or
other law or regulation contain any libelous, defamatory or
disparaging materials contain little or no original content.
If we reject your application, you are welcome to reapply
to the Program at any time providing you make change .
2.
Promotion of our Affiliate Relationship
As an affiliate site, we will make available to you a variety
of graphic and textual links (each of these links sometimes
being referred to herein as “Links” or, individually,
as a “Link”) which, subject to the terms and conditions
hereof, you may display as often and in as many areas on your
site as you desire. The Links will serve to identify your
site as a member of the Affiliate Program and will establish
a link from your site to ours. The Links must connect to the
shop page of our site. Once you have been notified that your
site has been accepted into the program we will provide you
with a specific URL e-mail that will give you instructions
on how to set up special links between your site and ours.
You may provide on your site one or more of our logos, text
links and banners which you select from our HomeopathyWorld.com
Affiliate library. You may not alter banners, logos, or other
content available without written permission from HomeopathyWorld.com.
Additional brands and pricing issues may be added from time
to time. Additionally, new standards will be on our web site
from time to time. It is your responsibility to ensure that
all such changes are appropriately adhered to.
3.
Order Processing
We will process product orders placed by customers who follow
Links from your site. We reserve the right to reject orders
that do not comply with any requirements that we periodically
may establish. We will be responsible for all aspects of order
processing and fulfillment. We will track sales made to customers
who purchase products using authorized Links from your site
to our site and will provide you reports summarizing this
sales activity. If our home page changes and you have Links
that direct visitors to these pages, we will redirect your
visitors to an appropriate page automatically.
4.
Fee schedule and payment
We will pay you 12% on the sales from our line of products.
Sales are defined as product sales not including any sales
tax, VAT, or shipping charges. At present we do not charge
shipping and your commission will be based on the gross sales
price. The only exception will be orders liable to VAT in
the EU in which case commission will be based on net sales.
If the customer returns a Product that generated a referral
fee, we will deduct the corresponding referral fee from your
next payment. We will pay you quarterly. All checks will be
mailed by last business day of the month following the quarter
in which the fees were generated. Payments will be made in
U.S. Dollars, Euros, or UK Pounds as chosen by upi on your
application form. All we ask is that our HomeopathyWorld.com
affiliates only need to reach a minimum level of $25 (or equivalant)
in commission before they are paid out. We want to reward
you for your efforts and appreciate your commitment to the
program. All sales are cumulative so all sales are carried
to the next quarter until you reach $25 in commissions. You
should have no problem maximizing your payout!
You may purchase products of your choice by following the
link from your site to our shop page. You may not: (a) directly
or indirectly offer any person or entity any consideration
or incentive (including, without limitation, payment of money
(including any rebate), or granting of any discount or other
benefit) for using Special Links on your site to access our
site (e.g., by implementing any "rewards" program
for persons or entities who use Special Links on your site
to access our site); or (b) post any Special Links on any
Web site or other platform that is accessible through any
Internet Access Appliance. If we determine, in our sole discretion,
that you have offered any person or entity any such consideration
or incentive, or posted Special Links on any such Web site
or platform, we may (without limiting any other rights or
remedies available to us) withhold any referral fees otherwise
payable to you under this Agreement and/or terminate this
Agreement.
5.
Policies and Pricing
Customers who buy products through this Program will be deemed
to be customers of HomeopathyWorld.com Accordingly, all HomeopathyWorld.com
rules, policies, and operating procedures concerning customer
orders, customer service, marketing, promotions, and product
sales will apply to those customers. We may change our policies
and operating procedures at any time. For example, we will
determine the prices to be charged for products sold under
this Program in accordance with our own pricing policies.
Product prices and availability may vary from time to time.
Because price changes may affect products that you already
have listed on your site, you should not include price information
in your product descriptions. We will use commercially reasonable
efforts to present accurate information, but we cannot guarantee
the availability or price of any particular product.
6.
Identifying Yourself as an Associate
We will make available to you a small graphic image that identifies
your site as a Program participant. You must display this
logo or the phrase "In association with HomeopathyWorld.com"
somewhere on your site. We may modify the text or graphic
image of this notice from time to time. You may not make any
press release with respect to this Agreement or your participation
in the Program without our prior written consent, which may
be given or withheld in our sole discretion. In addition,
you may not in any manner misrepresent or embellish the relationship
between us and you, or express or imply any relationship or
affiliation between us and you or any other person or entity
except as expressly permitted by this Agreement (including
by expressing or implying that HomeopathyWorld.com supports,
sponsors, endorses or contributes money to any charity or
other cause).
7.
Limited License
We grant you a non-exclusive, nontransferable, non-sublicensable,
revocable right to use the icon and message described in this
agreement and such other images for which we grant express
permission (collectively “Marks”), solely for
the purpose of identifying your site as a Program participant.
You may not modify the Marks, the message, or any of our proprietary
identifying logos or images in any way. We reserve all of
our rights in the Marks and the message including all trade
names, trademarks, and all other related intellectual property
rights. We may revoke your license at any time by giving you
written notice.
8.
Responsibility for Your Site
Subject to our right of approval relating to your exercise
of the licenses granted herein, you will be solely responsible
for the development, operation, and maintenance of your site
and for all materials that appear on your site. For example,
you will be solely responsible for: the technical operation
of your site and all related equipment creating and posting
product descriptions on your site and linking those descriptions
to our site the accuracy and appropriateness of materials
posted on your site (including, among other things, all product-related
materials) ensuring that materials posted on your site do
not violate or infringe upon the rights of any third party
(including, for example, copyrights, trademarks, privacy,
or other personal or proprietary rights) ensuring that materials
posted on your site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you
will indemnify and hold us harmless from all claims, damages,
and expenses (including, without limitation, attorneys' fees)
relating to the development, operation, maintenance, and contents
of your site. Except as provided here you agree that you have
no right, title or interest in or to the Marks, the message
or any of our proprietary materials. You agree not to apply
for registration of any of the Marks (or any mark similar
there to) anywhere around the world. You agree that you will
not engage, participate or otherwise become involved in any
activity or course of action that diminishes and/or tarnishes
the image and or reputation of HomeopathyWorld.com or any
of its Marks. You acknowledge and agree that your web site
information (name, URL, traffic counts, etc.) may be utilized
by HomeopathyWorld.com. Possible uses include (but are not
limited to) lists of the busiest sites, lists of member sites,
etc. You agree to allow Homeopathykits.com to use screen shots
of any web page that contains the HomeopathyWorld.com HTML
code in HomeopathyWorld.com promotional materials. The information
provided by HomeopathyWorld.com to you may be proprietary
in nature. You represent and warrant to us that you are not
and shall not be a competitor of HomeopathyWorld.com and agree
not to share our confidential information with any competitors.
9.
Term of the Agreement
The term of this Agreement will begin upon our acceptance
of your Program application and will end when terminated by
either party. Either you or we may terminate this Agreement
at any time, with or without cause, by giving the other party
written notice of termination. You are only eligible to earn
referral fees on sales occurring during the term, and fees
earned through the date of termination will remain payable
only if the related product orders are not canceled or returned.
We may withhold your final payment for a reasonable time to
ensure that the correct amount is paid.
10.
Modification
We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion, by
posting a change notice or a new agreement on our site. Modifications
may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures, and Program
rules. Your continued participation now, or within thirty
(30) days following the posting notice of any changes in these
terms and conditions, will constitute a binding acceptance
by you of such rules, changes or modifications. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
11.
Relationship of Parties
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or
accept any offers or representations on our behalf. You will
not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this Section.
12.
Limitation of Liability
We will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits, or data) arising
in connection with this Agreement or the Program, even if
we have been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement
and the Program will not exceed the total referral fees paid
or payable to you under to this Agreement.
13.
Disclaimers
We make no express or implied warranties or representations
with respect to the Program or any products sold through the
Program (including, without limitation, warranties of fitness,
merchantability, non-infringement, or any implied warranties
arising out of a course of performance, dealing, or trade
usage). In addition, we make no representation that the operation
of our site will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions or
errors.
14.
Indemnification
You hereby agree to indemnify, defend and hold harmless HomeopathyWorld.com,
its shareholders, officers, directors, employees, agents,
affiliates, successors and assigns, from and against any and
all claims, demands, losses, liabilities, damages or expenses
(including attorneys’ fees and costs) of any nature
whatsoever incurred or suffered by us (collectively the “losses”),
in so far as such losses (or actions in respect thereof) arise
out of, are related to, or are based on i) the breach of any
representation, warranty, or covenant made by you herein;
or ii) or any claim related to your site.
15.
Confidentiality
Except as otherwise provided in this Agreement or with the
consent of the other party hereto, each of the parties hereto
agrees that all information including, without limitation,
the terms of this Agreement, business and financial information,
customer and vendor lists, and pricing and sales information,
concerning us or you, respectively shall remain strictly confidential
and secret and shall not be utilized, directly or indirectly,
by such party for its own business purposes or for any other
purpose except and solely to the extent necessary to exercise
rights and perform obligations under this Agreement. The foregoing
restrictions will not apply to information to the extent (i)
was known to the receiving party at the time of disclosure;
(ii) has become publicly known through no wrongful act of
the receiving party; (iii) has been rightfully received from
a third party under no obligation to the disclosing party;
(iv) has been disclosed by court order or as otherwise required
by law if the receiving party has given the disclosing party
a reasonable opportunity to contest or limit the scope of
such required disclosure.
16.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY
AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT
OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
17.
Miscellaneous
The provisions contained in this agreement constitute the
entire agreement between the parties with respect to the subject
matter of this agreement, and no statement or inducement with
respect to such subject matter by any party which is not contained
in this agreement shall be valid or binding between the parties.
You may not assign or transfer this agreement or any interest
herein, nor shall the same be assignable by operation of law,
without our prior written consent. For this purpose, "assignment"
shall include any sale of a majority of the voting power of
your capital stock or any merger, consolidation or other comparable
transaction following which you are not the surviving corporation.
This agreement shall be governed by, and construed in accordance
with, the laws of the Republic of Ireland. Any legal proceeding
of any nature brought by either party against the other to
enforce any right or obligation under this agreement, or arising
out of any matter pertaining to this agreement, shall be submitted
for trial, without jury, in courts located in the city of
Clonakilty, Co Cork ,Ireland. The parties consent and submit
to the jurisdiction of any such court and agree to accept
service of process inside or outside the Republic of Ireland
in any matter to be submitted to any such court pursuant hereto.
No release, discharge or waiver of any provision of this agreement
will be enforceable against or binding upon either party unless
in writing and executed by the party granting such release,
discharge or waiver. Neither the failure to insist upon strict
performance of any of the agreements, terms, covenants or
conditions hereof, nor the acceptance of monies due hereunder
with knowledge of a breach of this agreement, shall be deemed
a waiver of any rights or remedies that either party may have
or a waiver of any subsequent breach or default in any of
such agreements, terms, covenants and conditions. If any term
or provision of this agreement shall be found to be void or
contrary to law, such term or provision shall, but only to
the extent necessary to bring this agreement within the requirements
of law, be deemed to be severable from the other terms and
provisions hereof, and the remainder of this agreement shall
be given effect as if the parties had not included the severed
term herein. As used in this agreement, "dollars"
or "$" refers to United States dollars. This agreement
only applies to our Homeopathyworld.com site.
APPLY
NOW!
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