CareBetterDaily.com Affiliate Agreement
This Agreement (the “Agreement) is made between CareBetterDaily.com (the “Company”), and the Affiliate referred to as “Affiliate” or “User” interchangeably, and collectively, the (“Parties”) for participation in the Company's affiliate program.
Affiliate wishes to include certain materials promoting Company, and to include a link to Company's website within those materials on Affiliate's platform (i.e., emails, blog, website social media, etc.);
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
Registration and Account: In order to enjoy all the benefits of the Program, the User must register with Company and become a member. Membership requires that the User registers on the Site (including by filling out all required personal information). The User may opt out of marketing and promotional emails. The User may cancel participation in the affiliate program by deleting Company account. By means of registering either directly via Company affiliate area (https://carebetterdaily.com/affiliate-area/) or via Customer Support, Affiliate agrees to be bound by this Agreement.
To complete registration, Affiliate candidate shall provide an email address and a password. Affiliate candidate may never use another user or affiliate's Company account without permission from that user/affiliate. Affiliate candidate is solely responsible for the activity that occurs on their own account, and the Affiliate must keep its account password secure. Affiliate must notify Company immediately of any breach of security or unauthorized use of its account. Although Company will not be liable for the Affiliate's losses caused by any unauthorized use of its account, the Affiliate may be liable for the losses of Company or others due to such unauthorized use.
Modifications: Company reserves the right, at its discretion, to change, modify, suspend or discontinue this Agreement, Program, fees, charges, and terms at any time, including the availability of any feature, or content. Company may also impose limits on certain features or restrict the User's access to parts or all of the Program without notice or liability. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Program by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified.
Promotional Materials: Company shall make available to Affiliate certain market demographic information, banner ad images, button links, text links, and/or other graphic or textual material for display and use on the Affiliate platform (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company's website, as specified by Company.
Affiliate will be issued a unique URL once you become an approved User of the Program which will be unique to you only, and will allow you to be paid for affiliate referrals. You can place that URL on your website, emails, blogs, social network advertising, or similar campaigns from an account or platform that is registered in your name or which you are authorized to use. You expressly agree that Company’s name, trademark, logo or any other identifying material placed by you will appear only in the form and according to technical specification supplied by Company. Company, at its sole discretion, may change your URL.
Affiliate shall not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein. Affiliate shall not make any health claims, nor any assurances that Company products are a cure or treatment for any disease or health condition.
When an affiliate URL is opened, the cookie file is saved in the browser's cache for 365 days. Customers need to sign up or place an order during this time to be linked with your affiliate account.
Use of Promotional Materials: The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications:
- NO SELF-REFERRALS – Affiliate may not refer him/her/itself, and will not receive commission on Affiliate’s own accounts.
- The Company logo shall not be altered or changed in any way.
- Affiliate may not use any graphic, textual or other materials, including testimonials, to promote Company's website, products or services other than the provided Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
- Affiliate shall comply with laws and regulations of their local jurisdiction, and the laws of the United States, including regulations promulgated by the Food & Drug Administration and Federal Trade Commission.
- Affiliate shall only use the Promotional Materials for the purpose of promoting Company's website (and the products and services available thereon), and for linking to Company's website.
- Affiliate shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
- Affiliate shall not promote or advertise Affiliate’s URL on websites that may be harmful to Company's brand image.
- Sites where Affiliate associates and/or advertises shall not be associated with content that's sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); Indicative of product’s suitability to diagnose, treat, or cure any disease; graphically violent, including any violent video game images; or solicitous of any unlawful behavior, or otherwise deemed offensive by Company.
- Affiliate shall remove all ads and videos from websites deemed offensive within 24 hours of being notified by Company.
- Affiliates may engage in search engine optimization and pay per click activities. If Affiliate sends paid traffic (PPC, PPV, Media Buys) to Company, it is required that Affiliate send the traffic through a landing page or web property first. Affiliate is prohibited from direct linking. Company restricts affiliates from using keywords that include our brand name: Care Better Daily, CareBetterDaily.com, or any variation or combination therein. Affiliate shall not promote Company on coupon sites.
- Purchase or use of domain names containing any Company trademark, including domain names that combine a Company trademark with one or more additional words, letters, numbers, or other characters, or domain names containing any misspelling or other confusingly similar variation of any Company trademark is prohibited.
- Clickjacking, linkjacking, typosquatting or any sort of domain spoofing methods are prohibited.
- Affiliate shall not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company's website. If the Company confirms the affiliate has promoted any of its products via spam, the company will immediately invalidate all current sales and terminate the affiliates account without notice. Notice of any violation of CAN-SPAM shall result in the forfeiture of any due commissions, and immediate termination of the affiliate.
- Pixel, cookie stuffing or any other type of cookie stuffing without source website visitor's knowledge is prohibited.
- Using traffic generated by pay to read, PPC (pay to click), banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods is prohibited.
- Any violations of the above will result in immediate expulsion from the program.
License: Company hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
Intellectual Property: Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth herein.
Relationship of Parties: This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. As such, Affiliate shall provide the Company with an accurate tax identification number. The tax identification number can be submitted during the enrollment process or by submitting IRS Form W9. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.
Affiliate hereby certifies the following: (i) Affiliate is not controlled, supervised, instructed by Company and is free from work rules and discipline; (ii) Affiliate is free to set Affiliate’s own work schedule; (iii) pay Affiliate’s own business expenses, can hire assistants and provide Affiliate’s own office and all associated services, including computer, printing, telephone; (iv) Affiliate shall be reimbursed only for work done in accordance with this Agreement; (v) Affiliate is allowed to have other clients/customers.
Commissions: In exchange for Affiliate's display of the Promotional Materials, and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the “Commission”) in the amount of a percentage of product sold to a user that accesses Company's website through a link on Affiliate's website. The current default percentage to be paid on all purchases referred is 25%. This percentage is subject to change by the Company at any time. Notification to Affiliate of any change in commission percentage shall be given by Company via the email address on hand for the Affiliate. Commission shall be based on purchases made by a user. Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the Affiliate Area page (https://carebetterdaily.com/affiliate-area/). Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of discovering such discrepancy.
Commissions are paid on a monthly basis. The pay period ends on the last day of the month. Commissions are held for a period of 10 days from the end of the pay period to protect Company in the event of any fraud that may occur. If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $100.00, then such accrued and payable balance may be held over to the following month, and paid together with the Commissions due for that month.
INCOME DISCLAIMER: Company and the items it distributes contain business strategies, marketing methods and other business advice that, regardless of any individual affiliate's results and experience, may not produce the same results (or any results) for you. Company makes absolutely no guarantee, expressed or implied, that by following the advice or content available from this web site that Affiliate will make any money or improve current profits, as there are several factors and variables that come into play regarding any given business. Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond Affiliate’s or Company’s control. As with any business endeavor, Affiliate assumes all risk related to investment and money based on your own discretion and at your own potential expense.
Breach of Agreement: In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
Affiliate's Representations and Warranties. Affiliate represents and warrants the following:
Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement. Affiliate's website does not contain any materials that are:
Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
Affiliate shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, i-frames, or hidden frames.
Indemnification: Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials. Affiliate shall indemnify Company for attorney fees in the event of any CAN-SPAM violation resulting in litigation.
Confidentiality: Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
Term: This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Agreement. Either Party shall have the right to terminate this Agreement at any time and for any cause.
Taxes: Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Affiliate is not an employee of Company, and no taxes shall be due or withheld by the Company on behalf of the Affiliate.
Limitation of Liability: Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
Indemnity: You will indemnify and hold Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Affiliate’s breach of this Agreement, or Affiliate’s violation of any law or the rights of a third party.
Severability: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Headings: The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
Law and Jurisdiction: If a dispute arises between Affiliate and Company, Affiliate is strongly encouraged to first contact Company directly to seek a resolution. Company will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the State of Florida. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) must be resolved by a court located in the State of Florida.
Entire Agreement: This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
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