Nutrition for Health

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Terms and Conditions
				  Affiliate Terms & Conditions
 
This Agreement contains the complete Terms and Conditions that apply to your participation as an Affiliate member of the Nutrition for Health Affiliate Program (the “Program”) operated by its parent company, Nutrition for Health (hereinafter, “Company” “we” or “us”). As used in this Agreement, “you” or “your” or “Affiliate” means the applicant/participating member.
 
This is a legal Agreement between you and Nutrition for Health. By checking the box in submission form, you are affirmatively stating that you have read and understand the Terms and Conditions set forth and you Agree to be bound by the terms hereof and cannot become an Affiliate member of the Affiliate Program unless you have accepted each and every term hereof.
 
 1. Joining The Program: Once we receive your completed Affiliate Program Application, you will be confirmed if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”), we will terminate you immediately.
 
2. Age: All Affiliates must be of legal age of majority in the state in which they distribute Company products.
 
3. Independent Contractor: Affiliate acknowledges that he/she is an independent contractor, conducting business for his/her own account, and not as an agent or employee of Company. The Affiliate shall be responsible for payment of all applicable Federal and State taxes (including social security taxes, unemployment taxes and income taxes), and will abide by all applicable Federal, state and Local laws. Affiliate shall hold harmless the Company from any claims, damages or liabilities arising out of the Affiliate’s business practices.  
 
The Affiliate, as an independent contractor, is fully responsible for all of his/her verbal and written statements made regarding the product and marketing program which are not expressly contained in writing in the current Affiliate Agreement, and advertising or promotional materials supplied directly by the Company. Affiliate agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Company as a result of Affiliate’s unauthorized representations. 
 
4. Utilizing Online & Off-Line Links on Your Site: As an Affiliate in the Affiliate Program, you may use on your website any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site; however, you cannot employ deceptive language or misleading URL’s in the links and you cannot market by sending unsolicited bulk emails! Allowable promotional links may contain Nutrition for Health trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and link designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting web sites owned, operated or controlled by the Company. In utilizing the Links, as long as they are approved by us first, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. Your site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are approved by us first.
 
5. Refunds: If for any reason an Affiliate (or his/her customer) is not completely satisfied with any of our products, he/she can simply return the unused portion within 30 days for a full refund (excluding shipping and handling charge). If an Affiliate wants a refund on any sales aids (such as Postcards, Brochures, etc…) Affiliate can send back the unused portion within 30 days (excluding the shipping and handling charge) and agrees to a 10% restocking fee.
 
6. Liability: We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the Affiliate Program and/or products sold at this site. We make no claim that the operation of the Affiliate Program and our website will be error-free and we will not be liable for any interruptions or errors.
 
7. Affiliate Requirements: To become an Affiliate requires completing, signing and mailing the “W-9 Tax Form” to the Company home office. If we do not receive your ‘W-9 Tax Form” within 60 days, the Company will consider you ineligible to earn commissions. 
 
8. Affiliate Titles & Commission Qualifications: The Company has two Affiliate titles – Affiliate and Super Affiliate. An Affiliate is paid a 20% first tier commission and a 5% second tier commission. A Super Affiliate qualifies to get paid a 33% first tier commission and a 5% second tier commission only if he makes 10 or more sales within 30 days. Please note that store sales receive an Affiliate commission of 20% first tier and 5% second tier only. In other words, no Super Affiliate commissions on store sales. Please also note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. No commission will be paid for purchases by you or anyone within your organization.
 
9. Pay Periods: Affiliate’s are paid every 20th of the month for the previous monthly orders. 
 
10. Cross-Sponsoring:  An Affiliate may not sponsor, or attempt to sponsor another Company Affiliate that is already in the Nutrition for Health Affiliate Program. 
 
11. Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new Agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. 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.
 
12. Non-Compete Agreement:  For the duration of this agreement, and for a period of twenty-four (24) months thereafter, Affiliate shall not directly or indirectly become a partner or investor in, or otherwise own, establish or operate an entity or products substantially similar to Company, whether in whole or in part.
 
13. Term of the Agreements: These terms will begin upon your signup with the Nutrition for Health Affiliate Program and will end when your account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your account. Your continuing participation in the program will constitute your acceptance of any change.
 
14. Hold “Company” Harmless:  Affiliate hereby agrees to indemnify and hold harmless Company, Company’s agents, servants, employees and representatives, from any and all claims, debts, liabilities, suits or proceedings, of any nature whatsoever, that currently exist, or which predate this agreement, or which may arise subsequent to the date of this agreement - arising out of any intentional act or negligence Affiliate may commit with regards to his representation of any attempts to Affiliate agents, servants, employees and representatives, in order to give full effect to this indemnification provision shall be accessible and payable by Affiliate, on demand without setoff.
 
15. Arbitration: If a legal disagreement arises between Company and any Affiliate, both parties agree to resolve it by binding arbitration in accordance with the existing rules of the American Arbitration Association. Any arbitration proceedings shall be subject to and governed by the laws of the State and county in which the corporate office of the Company currently resides and the agreed venue for arbitration shall be the state and county in which the corporate office of the Company currently resides.
 
By filling out the signup form you acknowledge that you have read the terms and conditions above for the Company, understand, and agree with them.
I Agree with the terms and conditions.