PROMOTING GOOD HEALTH
AFFILIATE PROGRAM AGREEMENT
INTRODUCTION
This Agreement explains how the Promoting Good Health Affiliate Program works. It also explains the rules and regulations for the Affiliate Program and your legal obligations if you chose to join.
Legal documents have to be, well, legal. That often means they are difficult to read and harder to understand. We have made every effort to make this document simple to understand by using plain English. This does not however mean we don’t take our legal obligations under this Agreement seriously. We will expect you to do the same.
THE ‘JUST GIVE ME THE FACTS’ SUMMARY
Here is the bottom line for how the Affiliate Program works, your obligations under it and what we will do for you.
What you can do:
You can earn a 50 % commission on sales of Products and Services to customers you drive to our website.
You have the right to use marketing materials approved by us to help you do this.
You can earn as much as you want provided you play by the rules.
What you cannot do:
You cannot do anything against the rules to promote your business or drive traffic to our website.
You cannot do anything to alter our Products and Services or pretend they are yours.
You cannot pretend we are endorsing you, your activities, your website or your beliefs.
You cannot do anything that may damage our name or reputation.
What will we do for you:
Endeavour to make the Affiliate Program as simple as possible and run as smoothly as possible.
Pay you on time.
Produce the best Products and Services we can.
Work to improve the Affiliate Program as new ideas and technologies become available.
DEFINED TERMS EXPLAINED
Some terms used in this Agreement have a specific meaning with respect to this Agreement. These terms are defined below. Please note the same definition applies whether the terms are used in the singular or plural (e.g. Affiliate and Affiliates):
‘Affiliate’ means someone who has been approved for entry into the Affiliate Program.
‘Affiliate Links’ means a unique piece of software code that identifies you to the software running the Affiliate Program and that can be tracked by the Affiliate Program.
‘Affiliate Program’ means the Promoting Good Health Affiliate Program and the rules, regulations, policies and procedures that apply to it.
‘Agreement’ meant this document and any associated documents and websites mentioned in it.
‘Products and Services’ means any physical or electronic product or service sold through the Promoting Good Health website (www.promotinggoodhealth.com) or branded Promoting Good Health. Any new Products and Services will be automatically available to you through the Affiliate Program.
‘Promotional Activities’ means apps, audio, blogs, e-mails, forums, social media posts, videos, websites and any other electronic or physical media (e.g. print) or promotional activity not specifically mentioned in this definition designed by you to drive traffic to our website via your Affiliate Links, whether directly or indirectly.
‘Terms and Conditions’ means the conditions set out in this Agreement, the Policies and Procedures on our website (www.promotinggoodhealth.com) and any documents or websites defined in this Agreement relating to the operation and administration of the Affiliate Program.
‘We’, ‘Our’ and ‘Us’ refer to Promoting Good Health, its owners, employees, representatives and successors.
‘You’ and ‘Your’ refer to you, the applicant or Affiliate and your company, employees, representatives and successors.
THE AGREEMENT IN DETAIL
TERMS AND CONDITIONS
The Promoting Good Health Affiliate Program operates under:
• The following Terms and Conditions;
• The Policies and Procedures shown on our website;
• The terms and conditions of any affiliate site on which the Products and Services are offered (e.g. ClickBank)
• Those of E-JUNKIE who administer the Affiliate Program. The Terms of Service for E-JUNKIE can be found at:
www.e-junkie.com/ej/terms.htm
Should the Terms and Conditions described in this Agreement be in conflict with those of E-JUNKIE or the affiliate site on which the Products and Services are offered for resale then this Agreement will apply.
By joining our Affiliate Program you agree to be legally bound by these Terms and Conditions and by this Agreement. This means you must always operate your business and engage in promotional activities according to this Agreement. Failure to do so will result in termination and expulsion from the Affiliate Program.
If you cannot or will not obey these Terms and Conditions do not apply for entry into the Affiliate Program.
REPUTATION
The Terms and Conditions for the Affiliate Program are to help you run your business successfully and to protect your reputation and ours.
Failure to follow these Terms and Conditions puts everyone’s reputation and business at risk. We take our reputation and the reputation of the Affiliate Program very seriously.
Failure to follow any of the Terms and Conditions may result in suspension or termination of this Agreement and expulsion from the Affiliate Program. Basically, play by the rules or you may end up in trouble.
APPLICATION AND ACCEPTANCE INTO THE AFFILIATE PROGRAM
By applying for entry into the Affiliate Program you acknowledge you have read, understood and agree to obey all the Terms and Conditions set out in this Agreement.
You also acknowledge you have independently evaluated the Affiliate Program and are not relying on any representation, guarantee, or statement other than those in this Agreement.
We must approve your application before you are admitted to the Affiliate Program.
We reserve the right to refuse any application to the Affiliate Program without explanation.
Reasons for refusing your application to the Affiliate Program may include giving us dishonest, incomplete or inaccurate information or contact details or because we do not believe there is a sufficiently commercial opportunity or a close enough match between what you do and what we do.
AGREEMENT DURATION
This Agreement will take effect after we formally accept you into the Affiliate Program.
The Agreement will end when either you or we terminate the Agreement according to the conditions set out in this Agreement.
MODIFICATIONS TO THIS AGREEMENT
Any part of this Agreement may change at any time without prior notice, as commercial circumstances require.
Any changes made to this Agreement or the conditions under which the Affiliate Program operates will be posted on our website.
The most up to date version of this Agreement will always be posted on our website under:
www.promotinggoodhealth.com/affiliates/
It is your responsibility to be aware of any changes made to this Agreement or the operation of the Affiliate Program as they may affect the way you do business. We therefore recommend you log into the Affiliate section of our website often to check for updates and new information on our Products and Services.
Any changes made to this Agreement or the conditions under which the Affiliate Program operates will take effect from the date they are posted on our website.
WHAT IF YOU DON’T LIKE THE CHANGES?
If any changes made to this Agreement are unacceptable to you, your only option is to terminate this Agreement and cease to be part of the Affiliate Program.
If you continue to participate in the Affiliate Program after the posting of a new Agreement, you will be considered to have accepted the changes to this Agreement and agree to be legally bound by the new Agreement.
COMMISSIONS
You will receive 50 % of the revenue of a Products or Service sale for orders placed through your unique Affiliate Links. This does not include any postage, handling or insurance fees and any applicable taxes or charges that may apply to the sale.
No commissions will be paid on Products and Services you buy for yourself. The Affiliate Program is not to be used as a way to obtain discounted Products and Services.
Should Products and Services be discounted when a sale is made, you will be paid a commission of 50 % of whatever price the customer paid for the Products and Services (i.e. the discounted price).
For a sale to generate a commission, the customer must:
• Complete the order form with all details required to successfully deliver the Products and Services;
• Make full payment for the Products and Services ordered and have that payment successfully cleared to our bank account;
• Have the Products and Services successfully delivered to them.
WHEN DO YOU GET PAID?
Commissions on sales will only paid if you are legally enrolled and have been formally accepted into the Affiliate Program at the time the sale was made.
Commissions are paid monthly to your designated PayPal account. If you do not have a PayPal account you will need to set one up to join the Affiliate Program.
Payments for the month just ended will be made during the first week of the following month. (For example: Commissions on sales made in July will be paid in the first week of August).
Things don’t always go as expected: Someone may want a refund or there may be a problem with the payment, the order or the delivery of the Products and Services. These problems may affect your commission. If an adjustment has to be made to your commission it will be made in the next appropriate payment cycle. Basically, if we don’t get paid, we can’t pay you.
There is no minimum monthly sale to qualify for a commission. For example: If someone buys a product for $1 through your Affiliate Links and that is the only sale you make in that month, you will receive a commission payment on that $1 sale.
We reserve the right to hold any and all commissions due to you if we have reason to believe you have acted dishonestly or in breach of this Agreement. Basically, if you do the wrong thing, you may not get paid.
PROCESSING OF ORDERS
We are solely responsible for processing orders placed by a customer through the Affiliate Program.
Customers who purchase products and services through the Affiliate Program will be regarded as customers of Promoting Good Health.
We reserve the right to refuse any order that does not comply with our rules, ethics or policies and procedures.
PRICING AND AVAILABILITY
The prices and availability of our Products and Services may vary from time to time.
PERMITTED PROMOTIONAL ACTIVITIES
Only Promotional Activities that comply with this Agreement may participate in the Affiliate Program.
Promotional Activities not permitted under the Affiliate Program include those that:
• Promote or are involved in gambling or online betting;
• Promote sexually explicit or pornographic material;
• Promote social unrest, violence or distort historical events;
• Promote discrimination based on age, disability, ethnic background, nationality, race, religion, sex or sexual orientation;
• Promote or use illegal or ethically questionable methods or practices;
• Promote alcohol, tobacco or pharmaceutical, prescription or illicit drugs;
• Are slanderous or defame any person, company, organization or government;
• Involve invasion of privacy or spamming;
• Violate intellectual property rights;
• Violate any laws, guidelines, or industry standard practices applying in the country where the website is hosted, operates or does business;
• Make claims about the Products and Services beyond those made on our website or in our authorized marketing material and literature without our prior written approval;
• Imply we support or endorse any third party, product, service, organization, philosophy, belief system or point of view, without our prior written approval;
• Contain any material, claim or information we believe is not in our best interests.
We have absolute right to immediately suspend or terminate this Agreement if your behavior or Promotional Activities do not obey these requirements.
We can review anything you do at any time as part of the Affiliate Program (like your promotional material or website for example) and request you make any changes necessary to your activities, behavior, material or websites so they obey the rules of the Affiliate Program.
KEEPING US INFORMED
It is your responsibility to tell us of any change in your details that may affect the administration of the Affiliate Program. We cannot contact you or pay you if your contact details have changed and you haven’t told us.
IF YOU NEED TO CONTACT US
If you have a question about the Affiliate Program you will find many answers in the Affiliate Support section of our website.
If you have a question about the Affiliate Program that is not answered on our website, you can contact us at any time by either:
• Sending an e-mail to
affiliate@promotinggoodhealth.com
• Sending a letter to:
Promoting Good Health
P. O. Box 519
North Adelaide SA 5006
AUSTRALIA
If your request is time sensitive the date we receive your communication will be taken from the date we confirm receipt of your e-mail or letter.
SPAM (UCE) AND PRIVACY
You are not to invade anyone’s privacy or do any spamming as part of the Affiliate Program. This means you must be familiar with and obey all applicable rules and regulations regarding privacy and the use of SPAM or Unsolicited Commercial E-mail.
Violation of this policy will result in the immediate termination of this Agreement and expulsion from the Affiliate Program, with no payment of any commissions owing.
INTERFERENCE WITH THE NORMAL OPERATION OF THE AFFILIATE PROGRAM
You will not do anything to interfere with the normal tracking of commissions or the normal flow of traffic through the software systems supporting the Affiliate Program.
You must not do anything to distort the amount of commission you may be owed through the Affiliate Program.
Failure to obey either of these requirements will result in immediate termination of this Agreement and expulsion from the Affiliate Program, with no payment of any commissions owing.
If you have been paid commissions as a result of your manipulating the Affiliate Program to distort the amount of commission you receive, we reserve the right to use whatever legal means necessary to recover those commissions. You will be liable for any and all costs associated with the recovery of these commissions.
PERMITS, LICENCES AND INSURANCE
You are responsible for obtaining and maintaining any permits, licenses or insurance policies necessary for your legal protection and to operate your business as part of the Affiliate Program.
DISCLAIMER
We make no guarantees with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. All we can do is create the best Affiliate Program and Products and Services we can. Your success or failure will be solely determined by what you do with the Affiliate Program. If you do not do the work, you will not get the rewards.
DELAYS, ERRORS AND INTERRUPTIONS TO SERVICE
We give no guarantees the operation of our website or the Affiliate Program will be uninterrupted or error-free. This includes:
• Down time during system maintenance and upgrading;
• Any time lag between when we send you a communication and when you receive it.
We will not be liable for the consequences of any interruptions to service or system down time.
LIMIT OF LIABILITY
You operate your own independent business.
Through this Agreement you are not in partnership with, in a joint venture with, a contractor for, an employee of, or a legally appointed representative of Promoting Good Health.
You are solely responsible for the operation of your business and for any and all legal and financial risks you are under in doing so.
We are not liable in any way for any legal or financial damages or losses you may incur in fulfilling this Agreement or if you act in breach of this Agreement. Basically, you are responsible for your actions and for your success or failure.
Should any Products and Services be demonstrated to be defective or not perform as described on our website or in our authorized marketing material and literature, then we will replace the defective Products and Services so they perform as described on our website or in our authorized marketing material and literature.
Our absolute limit of liability is to replace any defective Products and Services so they perform as described on our website or in our authorized marketing material and literature.
INTELLECTUAL PROPERTY RIGHTS
We forever retain all copyright and Intellectual Property Rights on anything we do. This includes the Promoting Good Health name, logo, branding, trademarks, website content, Products and Services and our authorised marketing material and literature.
You must not use, copy or take extracts from any of our copyright material to use to make new products or claim that our Products and Services and other copyright material are yours.
The only rights you have to our copyright material are to use them as described in this Agreement.
You will not do anything to interfere or challenge our Intellectual Property Rights or assist anyone who does.
BRANDING
You must not do anything to hide, misrepresent or disguise the fact the Products and Services being promoted are from Promoting Good Health. Failure to do so automatically voids all warranties offered on Products and Services through this Agreement and may result in termination from the Affiliate Program.
CLAIMS, WARRANTIES AND ENDORESEMENTS
You must not make any claims regarding the Products and Services other than those described on our website or in our authorized marketing material and literature marketing material and literature. Failure to do so automatically voids all warranties offered on Products and Services through this Agreement and may result in termination from the Affiliate Program.
You may not use the Promoting Good Health name, Products and Services, images, trademarks, branding, website or authorized marketing materials and literature to suggest we support or endorse or are associated, affiliated or connected with your website, activities, beliefs or position.
TERMINATION
We reserve the right to refuse your application into the Affiliate Program and suspend or terminate you from the Affiliate Program at any time without explanation. This right will not be challenged.
You may terminate this Agreement and resign from the Affiliate Program at any time by either:
• Sending an e-mail to:
affiliate@promotinggoodhealth.com
requesting we terminate your Affiliate Program Agreement;
• Sending a letter requesting we terminate your Affiliate Program Agreement to:
Promoting Good Health
P. O. Box 519
North Adelaide SA 5006
AUSTRALIA
Termination will be taken from the date we confirm receipt of your e-mail or letter requesting we terminate your Agreement.
Should there be any commissions owing to you at time of termination they will be paid in the next payment cycle, provided there is no reason to withhold payment as explained elsewhere in this Agreement.
We will not be liable in any way for any financial or other losses you incur from termination of this Agreement.
FORCE MAJEUR
We will always do our best to meet our obligations to you under this Agreement.
We may totally or partially suspend this Agreement (without penalty or liability) should circumstances arise beyond our reasonable control to stop or interfere with our ability to perform our obligations under this Agreement. These circumstances shall include things like war, terrorism, strikes, lockouts, raw material, software or hardware shortages or failure, closure or withdrawal or unavailability of service by a contractor or service provider, accidents, sickness, breakdowns of plant and equipment, power failures, natural disasters, storms, floods, earthquakes or fire.
Should such circumstances arise we will do our best to resume our obligations to you under this Agreement as soon as we can.
GENERAL PROVISIONS
All correspondence and communications relating to the Affiliate Program are to be made in English.
This Agreement shall be governed and interpreted by the laws of South Australia, Australia.
Any legal action relating to this Agreement must be brought in the courts located in Adelaide, South Australia and you forever agree to submit to the jurisdiction of these courts.
This Agreement will be legally binding on both you and us and their respective successors and assigns.
Our failure to enforce any clause in this Agreement is not a waiver of our right to do so later or to enforce any other clause in this Agreement.
SJH
18 November 2011
