Each participant in the affiliate program offered by Healthykidneyinc.com (the “Merchant”) currently through our website expressly agrees to this affiliate agreement.
Please read carefully and if you have any questions, please email us. Affiliate:
- Must not send unsolicited emails and must comply with CAN-SPAM.
- Is only allowed to use our images and text, or your images or text approved by us, for the sole purpose of promoting healthykidneyinc.com as an affiliate.
- Must not publish or link to healthykidneyinc.com from adult, gambling or offensive websites.
- Must abide by FTC and FDA marketing guidelines. Must not use words such as cure, treat or any such language against FTC and FDA marketing guidelines.
- Is deemed to have accepted the terms of this Agreement by creating an account that enables Affiliate to participate in the Affiliate Program.
Affiliates that do not comply with the terms will be immediately banned from promoting
Affiliate agrees to comply with all US Federal CAN-SPAM Acts. Healthykidneyinc.com has a zero tolerance policy towards unsolicited bulk mail/spam and any Affiliate associated with spam.
If healthykidneyinc.com establishes, at healthykidneyinc.com absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing unsolicited emails/spam, healthykidneyinc may immediately terminate Affiliate’s Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.
Terms and Conditions
Affiliate is solely responsible for ensuring that Affiliate’s Affiliate Link is set up correctly. Healthykidneyinc.com is not responsible for Affiliate’s failure to receive any Commission due to the incorrect formatting or configuration of Affiliate’s Affiliate Link.
Affiliate agrees to receive email or other electronic communications from healthykidneyinc including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that healthykidneyinc provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
Healthy Kidney Inc accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate’s email address is not blocked or impaired in any way, including by Affiliate ensuring ‘white-listing’ of Affiliate’s email address.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate Links.
The Retailer will be solely responsible for processing every order placed by a customer on the Site. You are not authorized to sell any of these products from your site as a “reseller” and no “resale” rights are granted in any way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Merchant. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Merchant policies will always determine the price paid by the customer.
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 would reasonably contradict this statement.
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 commissions paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
This agreement shall all be governed and construed in accordance with the laws of Slovenia applicable to agreements made and to be performed in Slovenia. You agree that any legal action or proceeding between Merchant and you for any purpose concerning this agreement or the parties’ obligations here under shall be brought exclusively in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Merchant’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Merchant may assign its rights and duties under this agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Retailer, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.