This Affiliate Marketing Program Agreement (the “Agreement”) is made by and between Primal Force, and You, as an Affiliate host (“You”, “Your”, “Affiliate”) of Wellness Research and Consulting Marketing Materials.
Please read this Agreement carefully before registering for the Program as an Affiliate. You must agree to abide by the terms and conditions contained in this Agreement in order to host Primal Force Marketing Materials.
By signing up for Primal Force’s Affiliate Marketing Program, you indicate your acceptance of this Agreement and its terms and conditions.
The following Terms of this agreement are summarized as follows:
- Primal Force’s affiliate commission is 25% net (less shipping and handling) on initial orders and 10% net on recurring orders.
- You are permitted to place all Primal Force affiliate marketing materials such as banners or links within your newsletters, or within non-spam emails, in content on your website, or within other web related content to your site.
- You can only use the affiliate marketing materials provided by Primal Force and cannot create or alter the marketing content or creative. Only affiliate marketing materials provided by Primal Force can be used.
- Any page that contains Primal Force’s links, banners, or code must be written in English.
- Affiliates are prohibited from changing/adapting/rewording/altering the copy or imagery in any way, and failure to comply will terminate Affiliates’ relationship with Primal Force’s Affiliate Marketing Program with a complete forfeit of commissions.
- Affiliates are prohibited from creating social media accounts using Primal Force product names, personalities or likenesses including but not limited to Wellness Research and Consulting, Pure Radiance, Wellness Research, Al Sears MD, or any other specific product names within Primal Force. These social media accounts include but are not limited to Facebook, Twitter, Pinterest, and LinkedIn, Instagram.
- Affiliates are prohibited from creating URLs using Primal Force product names, personalities or likenesses including but not limited to Wellness Research and Consulting, Pure Radiance, Wellness Research, Al Sears MD, or any other specific product names within Primal Force.
- Affiliates will receive notification of any changes or updates to the marketing materials as deemed necessary.
- All statistics are collected and calculated by Primal Force and will be the only valid stats used for determining Sales Commissions.
- You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough. We WILL terminate your account on the first offense.
- Hate, Adult or other related sites (as determined by Primal Force) are not allowed to participate. Primal Force reserves the right to terminate this Agreement with You without further notice or compensation it is deems a website inappropriate.
- As an Affiliate, you can only have 1(one) account (“Your Account”). You can list multiple domains in Your Account, but only one account is allowed.
- Your physical address listed for receiving checks MUST be your actual address. The use of mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed.
- Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create false sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. Misuse of Primal Force’s marketing materials, including the use of banners or links in unapproved areas, such as paid ads, newsgroups, chat rooms, message boards, banner networks, hit farms, counters, or guestbooks etc. is cause for Your account to be terminated with a forfeit of Commissions. Reporting or committing false or fraudulent transactions in an effort in increase Your Sales Commissions is illegal, will not be tolerated, and will result in termination of Your Account and forfeit of Sales Commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
Primal Force respects the privacy of its Affiliates and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions, please contact the Affiliate Marketing Manager (email@example.com).
“Affiliate” means an individual or business generating its own traffic and thus shall be rewarded for legitimate sales, leads, clicks or other measurable action. Affiliates use Primal Force’s Affiliate Marketing Program to gain tracking, reporting and receipt of commission payment.
“Visitor” means any person, or user that clicks on a link to a Primal Force website, accessed through an Affiliate’s website.
“Sale Commission” means the payout Primal Force sets and agrees to pay to the Affiliate for Visitors referred to Primal Force’s websites that result in an authorized, legitimate sale of a product or service. Sales Commissions will be based on net sales minus any refunds.
“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor to a Primal Force website. Links take many forms including text, a product image, buttons, banners, video or any other format acceptable to Primal Force.
“Your Account” means the specific account within Primal Force’s Affiliate Marketing Program where Sales Commissions are tracked, reported, and calculated.
Primal Force has developed and operates the Affiliate Marketing Program, which allows Affiliates to participate in Primal Force’s marketing efforts. As an Affiliate of Primal Force’s Affiliate Marketing Program, you will be hosting a variety of web content for Primal Force on your independent website. All established Affiliate relationships will be conducted and managed through the Primal Force’s Affiliate Marketing Program.
As an Affiliate of the Program, you may place authorized Marketing Materials provided by Primal Force on Your site and in acceptable locations (see Term #2 above).
You will receive a Commission based on net sales generated via Your Links. In order to place Links, you must first be approved by Primal Force’s Affiliate Marketing Program to become an Affiliate. You understand that the Payout amount may be changed at any time. Sales will be calculated each month and commission amounts paid the 15th of the following month. Note that refunds will be deducted from earnings as they are processed.
PROGRAM AND SUPPORT
Primal Force will provide support for the Program as indicated on the Primal Force Affiliate Marketing Program Web site.
Primal Force reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Program or related products and services.
CHANGES TO THE PROGRAM
Primal Force reserves the right to change, modify, add, or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Program at any time. Any changes made will be posted to the Primal Force Affiliate Marketing Program website, and it is Your responsibility to check the website for any changes.
To sign up as an Affiliate of Primal Force’s Affiliate Marketing Program and to use the Program as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
You shall notify Primal Force by e-mail of any known or suspected unauthorized uses of Primal Force’s marketing materials housed on Your website, or any known or suspected breach of security concerning Primal Force’s marketing materials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination by Primal Force and referral to the appropriate law enforcement agencies.
Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to Primal Force for that Link.
Primal Force RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE RELATIONSHIP AS A MEMBER OF Primal Force’s Affiliate Marketing Program. If You are terminated from the Program, Primal Force has the right to withhold commissions and You will not be allowed to re-join Primal Force’s Affiliate Marketing Program.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
– Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, or otherwise violate the anti-spamming policies of Primal Force or state law;
– Provide inaccurate or incomplete information to Primal Force concerning your identity, address or other required information;
– Attempt to cheat, defraud or mislead us in any way;
– Misrepresent to the public the terms and conditions of our sites or your sites;
– Engage in popup advertisement network activities;
– Iframes may not be used unless given express permission by Primal Force, sales made through hidden Iframes or Cookie Stuffing methods will be considered invalid.
Direct linking a.k.a. URL hijacking is strictly prohibited. Paid Ads on Google, Yahoo or Bing are prohibited if those ads direct link to our websites. Links in ads from affiliates should point to your landing pages, not ours. The exception will be landing pages marketing material provided as part of the affiliate program.
You are free to bid on PPC networks for keywords related to ‘general’ health and wellness or alternative health with the intent to strictly direct traffic to your websites then to Primal Force’s websites.
We do NOT allow any product, brand name, trademark bidding or Trademark + bidding. Some examples of prohibited keywords:
- “Wellness Research and Consulting”
- “Dr Sears – Primal Force”
- “Accel, Curcumin Triple Burn, Primal X or any product name”
- “PrimalForce.net – Primal Force – Nutritional Supplements”
- “Primal Force Products”
- “Al Sears MD”
- “Dr. Al Sears MD”
You are prohibited from bidding on any Alsearsmd.com, Mypureradiance.com, Primalforce.net KEYWORDs.) terms on any PPC search engine. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL “www.primalforce.net” or “www.mypureradiance.com”, “www.pureradiance.com” “www.alsearsmd.com” or similar websites and ad text in a display ad may not contain the “Primal Force”, “Dr. Sears – Primal Force”, “Wellness Research and Consulting”, “Pure Radiance”, or “PaceExpress” or similar related trademarks of Wellness Research and Consulting products. We do NOT allow direct linking from PPC campaigns.
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the Wellness Research and Consulting brand names and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as any Wellness Research and Consulting brand names or presenting themselves in a way that could be confused with Wellness Research and Consulting brand names. For example: http://www.primalforceproducts.com/ is prohibited.
Only commission from registered and authorized domains will be granted. Direct links will result in commission rejection. You must submit all your domains where advertisement will be placed and obtain an authorization for such domains prior to advertising to avoid commission rejection.
We must be able to identify the referral url/domain to grant commission payment. Tracking or redirection websites should not be used for url referral evasion purposes or to obfuscate a PPC advertisement origin. If you use your own tracking or redirection website the original referral url/domain should be transferred over in the link parameters when redirecting to our site. For example: http://the1authority.com/ or https://entreproleader.com/ is prohibited unless we receive the original referral url/domain in the parameters as utm_source.
Affiliates are prohibited from using evasion tactics to hide the affiliate link when the referral visits are from search engine editorial bots checking on paid ads.
Affiliates who operate editorial publications must also comply with new rules from the FTC when endorsing or recommending our products which require disclosure that the website is a compensated affiliate. https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking#affiliateornetwork
Affiliates that send email marketing, must be compliant with the “can spam” act. https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
We enforce compliance with search engine rules. Affiliates are required to follow the editorial guidelines of each search engine. For example, the landing page must match the display URL, and no redirects or jump pages that immediately redirect to our website will be allowed.
Similar affiliate registered Domains are strictly prohibited. Referral websites must not contain any of our brands, product names, personalities and/or typos of our brands. For example: http://www.primalforceproducts.com/ is prohibited.
Please note that Affiliate website organic search listings and results are permitted for the above terms.
LIMITATION OF LIABILITY
You agree that Primal Force, although the provider of the Program, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, agree to indemnify, defend, and hold harmless Primal Force and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Primal Force provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Primal Force, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Primal Force’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content, or any of the images provided to You in any way.
Primal Force may immediately terminate Your license to use the marks if Primal Force reasonably believes that such use dilutes, tarnishes, or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Primal Force. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Primal Force’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Primal Force.
Primal Force makes no representations whatsoever about any other Web site which You may access through the Program. In addition, a link to a non-Primal Force Web site does not mean that Primal Force endorses or accepts any responsibility for the content or the use of such Web site.
This agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. This Agreement or any rights or obligations herein may not be assigned or otherwise transferred by either Party to any third party without the prior written consent of the other party.
The term of this Agreement shall be for one year. However, each party retains the right to terminate the relationship with 14 days written notice or at any time when a breach of this terms and conditions if found.
This Agreement shall be governed by Florida, USA law regardless of conflicts of law. The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Florida, USA and You consent to such jurisdiction.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ENTRY INTO OUR AFFILIATE MARKETING PROGRAM BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR AGREEMENT TO THE TERMS SET FORTH HEREIN. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions shall in no way be affected or impaired.
Primal Force’s relationship with respect to Affiliate is that of an independent contractor. Nothing herein shall be deemed to create a relationship of agency or partnership.
Your signing up to the Primal Force Marketing Program automatically implies acceptance and agreement in our Terms and Conditions set forth herein.