Links:
You agree to post on your website a graphic
and/or text link or links, as an advertisement for A Healthy
Alternative, LLC.
You may post as many links or remove such links, at anytime without
prior approval from . We provide you several graphic and text links to
choose from. You are free to post your
A
Healthy Alternative, LLC
preferred Links prominently
throughout your site as you see fit and with our consent. You agree to
immediately remove any and all Links from your website at
A Healthy Alternative, LLC request at any time, for any reason.
The Links will identify your site as a
member of the A Healthy Alternative, LLC
Affiliate Program and will establish
a link from your site to ours. In utilizing the Links,
you agree that
you will cooperate fully with us in order to establish, maintain and
periodically update such Links. Participating Websites shall display all
graphic and/or text images prominently in relevant sections of their
site. Links may be modified and/or expanded periodically throughout the
term of this Agreement pursuant to the mutual agreement of Affiliate and A Healthy Alternative, LLC.
Affiliates are not allowed to change sales material or to make false
claims about our products. Affiliates are not permitted to publish
website or sales material on their
site without exclusive written permission.
Affiliate is allowed to promote A Healthy Alternative, LLC and its products in any acceptable manner set forth in this agreement.
Acceptable ways to promote A Healthy Alternative,
LLC include banners, text links, correspondence to your newsletter
subscribers, your client base/customers or as a contributor to a
moderated list or newsletter. Spamming is NOT allowed. If you Spam, in
any form at all, including email or newsgroup postings, or post a Link
on any ADULT, HATE or SPAM website, your account will be terminated
immediately! Referral fees that have not been paid up to the date of
termination will be forfeited by the Affiliate and will become the
property of
A Healthy Alternative,
LLC
Payment:
The A Healthy
Alternative, LLC
Affiliate Program is a two-tier
system that pays commissions on 2 levels. We agree to pay all Affiliates
a commission rate of 10% of the total sale (excluding tax and Shipping
& Handling) for each sale made by a visitor originating from the
your Participating Website using your unique Affiliate Link. We will pay
a 5% commission rate for all sales originating from a sub-affiliate
link. You will be issued a unique URL, which allows
A
Healthy Alternative, LLC to identify visitors from your site
as originating from same. These visitors are tracked with this unique
URL and sales are recorded with your Affiliate Id. To receive
commissions, your customers must arrive at A
Healthy Alternative, LLC website through your Affiliate Link and purchase a product.
Payment will be paid by check every month an
Affiliate has accrued more than $20.00 in commissions. Checks will be
sent by US Mail by the 10th of each month. Although our Affiliate
Program is not limited to the U.S. all payments will be made in U.S.
dollars. A Healthy Alternative, LLC reserves the right to modify the payment schedule as long as notice is
posted to the Web site or sent by email. If a qualifying sale is
canceled or refunded, the related commission will be deducted from the
next monthly payment.
Customers:
Customers who buy A
Healthy Alternative, LLC products through the Affiliate Program will be deemed to be customers of
A Healthy Alternative, LLC To protect
A
Healthy Alternative, LLC's customer privacy, we cannot provide identifying customer names and
contact information to you. Accordingly, all of our rules, policies, and
operating procedures concerning customer orders, customer service,
product availability, pricing and problem resolution will apply to those
customers. We may change our policies and operating procedures at any
time. The Affiliate does not have the authority to make or accept any
offer on behalf of A Healthy Alternative, LLC.
A Healthy Alternative, LLC is not responsible for any
representations made by the Affiliate that contradict our policies.
Processing of Orders:
A Healthy Alternative, LLC
will be solely responsible for processing every order placed by a
customer through a special link from an Affiliate's participating
website. Orders will be processed by A Healthy
Alternative, LLC when received by our secure online ordering process, telephone or
mailing address. Order and payment processing, manufacturing and
shipping, cancellations, returns and related customer service are the
sole responsibility of A Healthy Alternative,
LLC.
A Healthy Alternative, LLC
reserves the right to reject any
order that does not comply with our policies or operating procedures.
A Healthy Alternative, LLC will be solely responsible for tracking sales made to customers who
follow special links from the participating website.
The Affiliate will be solely responsible for ensuring that these special
links are formatted properly on their website, to allow successful
tracking of such sales. Affiliate will be able to access sales activity
in real-time with a specifically assigned URL.
Ownership of all copyrights, trademarks, trade names and intellectual
property rights, including without limitation advertising copy and
graphics will remain the sole property of
A
Healthy Alternative, LLC.
Such trademarks, trade names and intellectual property rights may be
used by Affiliate in accordance with this agreement. Affiliate may in no
way display a A Healthy Alternative, LLC
logo, image, or trademark which may be distasteful, defame, or
misrepresent. The Affiliate shall not misrepresent ImperialGoldMaca™
or Vitamin Power®
products.
Term of the Agreement The term of this Agreement will begin upon
inception of your Affiliate Program 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 commission on sales occurring
during the term, and commissions earned through the date of termination
will remain payable only if the related
A Healthy
Alternative, LLC product orders are not cancelled or returned. We may withhold your final
payment for a reasonable time to ensure that no overpayment is made.
Affiliate understands and agrees that Affiliate tracking can never be
100% accurate and
A Healthy Alternative, LLC
is not responsible for inaccuracies that might occur beyond its control.
Although it is the goal of A Healthy Alternative,
LLC to make Affiliate tracking as accurate as possible, A
Healthy Alternative, LLC cannot guarantee 100% tracking for situations beyond its control.
Up to date tracking technology is utilized by A
Healthy Alternative, LLC to assure the best possible accuracy.
Modifications
We may modify any terms and conditions contained in this Agreement at
any time in our sole discretion. You will be notified by email and a
change notice will be posted on our site. Modifications may include, but
are not limited to, changes in commissions or their schedules, payment
procedures, and Affiliate Program rules. If any modification is
unacceptable to you, your only recourse is to terminate this agreement.
Your continued participation in the Affiliate Program following our
posting of a change notice or new agreement on our site will constitute
binding acceptance of the change.
Disclaimers:
A Healthy Alternative, LLC
makes no express or implied warranties or representations with regard to
this Affiliate Program or any A Healthy
Alternative, LLC product sold through the Affiliate Program except as expressly set forth
in this agreement.. . Additionally, 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. 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 AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Relationship of Parties:
The relationship between A Healthy Alternative,
LLC and you, the Affiliate, is that of independent contractor. Each party
shall conduct its respective business at its own initiative and nothing
in this Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between the
parties. The term "Affiliate" shall not be interpreted as a
legal partner or affiliate. 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. OUR AGGREGATE LIABILITY ARISING
WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED
THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
Governing Law:
This Agreement will be governed by the laws of the United States and the
State of New York. New York City shall be the state of venue.
By completing and submitting our Online
Application you confirm that you have read the terms and conditions
as set forth in this Affiliate Agreement and agree with them.
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