This Agreement contains the complete terms and conditions that apply to an
individua's or entity's participation in the Medway Diet
Affiliates Program. As used in this Agreement, "we" means Medway Diet, and "you" means the applicant. "Site" means a World Wide Web site
and, depending on the context, refers either to Medway Diet's site, located at the URL www.medwaydiet.com, or to any site that you will
link to our site (and which you will identify in your Program application). By
using this Web site, you agree to comply with and be bound by the following
terms of use. Failure to use this Web site in accordance with the following
terms of use may subject you to severe civil and criminal penalties.
INTRODUCTION
You agree to the terms and conditions outlined in these Terms and Conditions
with respect to this Web site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content and products provided by or through the Site,
and the subject matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement prior
to each use of the Site.
COPYRIGHT
The content, organization, graphics, design, compilation, and other matters
related to the Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or
any part of the Site, is strictly prohibited.
ENROLLMENT IN THE PROGRAM
To begin the enrollment process, you will submit a complete 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 Program. Unsuitable sites
include those that: promote sexually explicit materials promote violence promote
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age promote illegal activities do not promote Our template and
components in an appropriate manner (at our discretion) If we reject your
application, you are welcome to reapply to the Program at any time. You should
also note that if we accept your application and your site is thereafter
determined (in our sole discretion) to be unsuitable for the Program, we may
terminate this Agreement.
MODIFICATION
We may modify any of the terms and conditions contained in this Agreement, at
any time and at our sole discretion, by posting a change notice or a new
agreement on this site. Modifications may include, for example, changes in the
scope of available commissions, fee schedules, payment procedures and Program
rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
ORDER PROCESSING
We will process Product orders placed by customers who follow Special Links from
your site to our site. We reserve the right to reject orders that do not comply
with any requirements that we may establish periodically. We will be responsible
for all aspects of order processing and fulfillment. Among other things, we will
prepare order forms, process payments, cancellations, and returns, and handle
customer service. We will track sales made to customers who purchase Products by
using Links from your site to our site and will make available to you reports
summarizing this sales activity. The form, content, and frequency of the reports
may vary from time to time in our discretion.
HOW COMMISSIONS ARE CALCULATED
Commissions are calculated automatically after the order placed by customers is
placed and approved by Medway Diet You can review money
balance anytime using your online interface. You earn 10% commission on gross
sales for all purchases via your www.medwaydiet.com affiliate link.
REFUND
If www.medwaydiet.com must refund a customer purchase you received a commission
for, the commission you earned for that purchase will be subtracted from future
commission earnings. Refunds can occur due to various reasons such as fraud
credit card purchase, suspicious order, bank charge backs etc.
WHEN YOU RECEIVE PAYMENT
You will receive money during 48 hours after you will click withdraw funds
button on your affiliate interface. Payment will be sent to Money bookers email
address we have in our database. You can change your Money bookers email address
at any time in your affiliate account. If money withdraw amount does not exceeds
$100 processing fee of %10 will apply.
POLICIES AND PRICING
Customers who buy products through this Program will be deemed to be customers
of www.medwaydiet.com. Accordingly, all www.medwaydiet.com rules, policies, and
operating procedures concerning customer orders, customer service, and product
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 products sold under this Program in accordance with our own pricing
policies. Product prices and availability may vary from time to time. We will
use commercially reasonable efforts to present accurate information, but we
cannot guarantee the availability or price of any particular product.
USE WWW.MEDWAYDIET.COM LINKS
Feel free to use your www.medwaydiet.com affiliate links anywhere on your web
pages or to email the link address to friends. However, do not send unsolicited
email, or "spam" containing your affiliate link. In addition, do not submit your
www.medwaydiet.com affiliate link address to any search engines. You are solely
responsible for the consequences of sending unsolicited email or news postings.
LIMITED RIGHT TO USE
You may not sub-license, assign, or transfer this license to anyone else without
prior written consent from www.medwaydiet.com. Your right to use the Site is not
transferable. Any password or right given to you to obtain information or
products from the Site is not transferable.
TERM OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your 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 written notice of termination. Upon the termination of this Agreement for
any reason, you will immediately cease use of, and remove from your site, all
links to our site, and all www.medwaydiet.com trademarks, trade dress, and logos,
and all other materials provided by or on behalf of us to you pursuant hereto or
in connection with the Program. You are eligible to earn referral fees only on
our sales of Qualifying Products that occur during the term, and referral fees
earned through the date of termination will remain payable only if the related
orders are not canceled or returned.
RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. 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.
LIMITATION OF LIABILITY
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 Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and the
Program will not exceed the total referral fees paid or payable to you under
this Agreement.
INDEMNIFICATION
Affiliate hereby agrees to indemnify, defend and hold harmless Merchant and its
affiliates, directors, officers, shareholders, employees, representatives, and
agents, from and against any and all liability, claims, losses, damages,
injuries or expenses(including reasonable attorneys’ fees) brought by a third
party, arising out of a breach, or alleged breach, of any of its representations
or obligations herein.
INDEPENDENT INVESTIGATION
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB
SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the state
of California, without reference to rules governing choice of laws. You may not
assign this Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will be binding on,
inure to the benefit of, and be enforceable against the parties and their
respective successors and assigns. Our failure to enforce your strict
performance of any provision of this Agreement will not constitute a waiver of
our right to subsequently enforce such provision or any other provision of this
Agreement. |