Referral Partner Terms of Service
Referral Partner Terms of Service
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Referral Partner Program of Healthier Living 4 You, and the establishment of links from your affiliate Web site to our Web site “healthierliving4you.com”. As used in this Agreement, “we”, “us”, “our” or Healthier Living 4 You means Healthier Living 4 You, “you” or “your” means the applicant, and “Product” means any and all items offered for sale by us on the healthierliving4you.com web site.
This is a legal agreement between you and healthier living 4 you. by joining the healthier living 4 you referral partner program you are affirmatively stating that you have read and understand the terms set forth herein and are affirmatively indicating your acceptance of this referral partner program agreement and you agree to be bound by the terms hereof.
1. Enrolling in our Referral Partner Program.
To begin the enrollment process, you will submit a complete Referral Partner Program application. 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 Affiliate Program for any reason, including, but not limited to, if your site incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable, such as sites that facilitate illegal activity, depict sexually explicit images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights (collectively “Content Restrictions”).
2. Utilizing Our Links on Your Site.
3. Order Processing.
Source of Sale Net Directly from you as a First Tier Referral Partner
Retail Sales Percentage 10%
5. Commission Payment.
6. Reports of Sales.
All reporting and statistical data on affiliate sales will be available within your Infusionsoft Referral Partner Account.
7. Policies and Pricing.
Customers who buy Product through the Referral Partner Program will be deemed to be customers of Healthier Living 4 You. Accordingly, all Healthier Living 4 You rules, policies, and operating procedures concerning customer orders, customer service, and 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 Product sold under the Referral Partner Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your site, you may not include price information in your descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.
8. Non-Exclusive Limited License and Use of Healthier Living 4 You Logos and Trademarks.
We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively “Healthier Living 4 You Marks”), solely for the purpose of selling Product on your site for Healthier Living 4 You. You may not alter, modify or change the Healthier Living 4 You Marks in any way. You are only entitled to use the Healthier Living 4 You Marks to the extent you are a member, in good standing, of the Referral Partner Program. You shall not make any specific use of any Healthier Living 4 You Marks for purposes other than selling Product for Healthier Living 4 You, without first submitting a sample of such use to us and obtaining our prior written consent. You agree not to use the Healthier Living 4 You Marks in any manner that is disparaging or that otherwise portrays Healthier Living 4 You in a negative light. We reserve all of our rights in the Healthier Living 4 You Marks, and all other intellectual property rights. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. You shall obtain no rights in and to the Healthier Living 4 You Marks.
9. Non-Exclusive Limited License and Use of Affiliates Logos and Trademarks.
11. Responsibility for Your Site.
12. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Referral Partner 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. Upon such notice, you agree to promptly destroy or return to Healthier Living 4 You all artwork pertaining to Healthier Living 4 You in your possession or control and you shall immediately remove from your site any or all Healthier Living 4 You Marks, links to the healthierliving4you.com site, and all references to Healthier Living 4 You and the healthierliving4you.com site. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your site becomes subject to the Content Restrictions set forth in Section 1, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
14. Relationship of Parties.
15. Limitation of Liability.
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement, the Referral Partner Program, or Healthier Living 4 You’s performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Referral Partner Program will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
We make no express or implied warranties or representations with respect to the Referral Partner Program or any Product or other items sold through the Referral Partner Program (including, without limitation, warranties of fitness for a particular purpose, 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.
17. Representations and Warranties.
We may disclose to you certain information as a result of your participation as part of the Referral Partner Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Referral Partner Program Agreement made specifically for your site and not generally available to other members of the Referral Partner Program, website, business and financial information relating to Healthier Living 4 You, customer and vendor lists relating to Healthier Living 4 You, and pricing and sales information for Healthier Living 4 You and any members of the Referral Partner Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
20. Independent Investigation.
22. Spyware and other Parasites:
Any referral program suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Healthier Living 4 You and/or its partner sites) is subject to punitive actions by Healthier Living 4 You, without notice, including but not limited to: suspension of affiliate account; termination of referral partner account; withholding of payments to affiliate; and public notification of affiliate’s suspected malfeasance. Healthier Living 4 You encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by Healthier Living 4 You, be provided, Healthier Living 4 You reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting referral partner as a bounty.
23. PPC (Pay Per Click) Bidding Rules
2. You may not use any variation of healthierliving4you.com as the display url.
3. You may not use any variation of any of our product names as the display url.
4.You cannot claim to be the “Official Site” or similar designation.