Affiliate Terms of Use
Relationship of the Parties
Under these terms and conditions both you and ‘Lifeforce Tonics’ are to be considered independent, this means the affiliate program you wish to enter into does not create a relationship between either parties. Therefore you can not act as a representative of any kind on our behalf as this would be considered contradicting this affiliate program.
Refusal of applications and/or referrals to the affiliates program is the right of ‘Lifeforce Tonics’ based on the belief of being involved in harmful trafficking. We reserve the right to research all active and potential members and their actions at our own discretion to access if and when practices need to be put in place.
Program members that ‘Lifeforce Tonics’ find to be under violation of these terms will be terminated immediately and forfeit all commissions. We reserve the right to cancel memberships and exclude malicious websites at our own discretion.
Our Responsibilities
‘Lifeforce Tonics’ will provide all members adequate information to allow you to make program links between our site and yours. ‘Lifeforce Tonics’ will be responsible for:
• Processing applications placed by a customer following an affiliate program link from your site.
• Tracking all sales coming from the link on your site.
• Providing information on sales amounts generated.
Affiliates Responsibility
Affiliates are responsible for their own website and its development, maintenance and materials including:
• Provide accurate information and materials on your website, including affiliate program materials.
• Not infringing copyright laws or the rights of third parties.
• Ensuring no illegal information is stored on your site.
You are also responsible for all expenses and indemnify us from all damages or claims.
Affiliate Program Linking
‘Lifeforce Tonics’ will make links available to our members which are subject to our terms and conditions that you can display on your website whenever you like. This identifies you as a member of our affiliate program.
If requested, you must provide all URLs to ‘Lifeforce Tonics’ that display affiliate links. You also agree that:
• Graphics provided by us are the only ones used, and updated when new graphics are provided, or other graphics provided ‘Lifeforce Tonics’ have given written consent.
• Co-operate fully with ‘Lifeforce Tonics’ by allowing us to establish links to your site.
• Displaying these links notably to relevant sections of your site.
• Not promote materials that are illegal, violent or discriminate in New Zealand.
At any time ‘Lifeforce Tonics’ may deem other pages at it’s sole discretion to be inappropriate and reserves the right to do so.
The affiliate’s website is subject to a periodic review. If at any point we determine that your site is carrying a link that is not suitable for our program, we may either suspend service to the URL or site, or terminate this agreement.
Affiliate Program Commission Schedule
You will earn commissions (referral fees) based on revenues according to the commissions schedules to be established by us and our affiliate program. Affiliate commission rates may vary depending on an individual affiliate’s performance or prominence. Rates may be changed at any time, without warning. Affiliates will receive notification of any commission rate changes.
Commission by Payment
Fees will be paid via PayPal using the email address used at sign-up. Payment will occur monthly, however a total balance of less than $20.00 will be carried forward to the next month and accumulated.
You will receive 15% of the sales total as commission, not including shipping costs.
Refund or Cancellation
Referral fees are required to be entirely refunded to ‘Lifeforce Tonics’ if:
• Where a fee has been paid to you and the products is returned before one (1) months of purchase.
• If a product has been cancelled and/or refunded or partially refunded through guarantee or any other cause.
Please note: in rare scenarios an account may be placed in a negative balance by refunds or referral fees. If this occurs for more than sixty (60) days at a time, the balance must be paid to ‘Lifeforce Tonics’ within seven (7) days notice. A 2% penalty interest per month will occur on any accounts that have not been paid by the due date.
Affiliate Program Behavior
At no time may you:
• Engage in any activity “spamming” or otherwise that could cause damage to the ‘Lifeforce Tonics’ name or reputation.
• Hide or misinterpret your identity, domain name, or email address.
• Mass email unauthorized clientele unless they are already existing clients and have authorized you to send them emails.
Breaching these conditions may result in termination of this agreement without prior notice.
Term of Agreement and Termination
Upon acceptance of your affiliate application this agreement shall begin, termination of this agreement can occur at anytime by either party, with or without cause in writing.
Referral fees are only earned on revenue occurring during the term of this agreement only; we reserve the right to withhold any final payments for a reasonable time to ensure amount of payment is correct. All negative balances must be paid immediately upon termination of this agreement to ‘Lifeforce Tonics’, all legal costs occurred through non-payment shall be the sole responsibility of the affiliate.
Affiliate links must be removed immediately upon termination of this agreement.
Modification of Agreement
At any time upon our sole discretion ‘Lifeforce Tonics’ may modify the terms and conditions of this agreement; we must do so by posting a change notice or new agreement on our website. It is the responsibility of the affiliate to regularly monitor our site for any modifications that may occur including:
• Program Rules
• Fee Schedules
• Payment Procedures
Once these modifications have been announced you have thirty (30) days following the notice to advise us you do not accept these changes, if you do not accept these changes your participation in this program is terminated. Continued participation with the program and the changes constitutes acceptance of these new terms and conditions.
General Liability Provisions
All agreements and transactions between ‘Lifeforce Tonics’ and the affiliate shall abide by the following:
• ‘Lifeforce Tonics’ under any circumstances are not liable for any damages that result from a failure, act, omission or breach on our part.
• ‘Lifeforce Tonics’ are not liable for any claims, costs or damages made by third parties held against us or you relating to your participation in this program.
• ‘Lifeforce Tonics’, its employees, owners and directors are fully indemnified against all third party claims etc including all reasonable legal costs in defending ‘Lifeforce Tonics’ and it’s employees, owners and directors.
Miscellaneous
This agreement shall be deemed to be made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
No agreement can be transferred or assigned, this agreement must be terminated and a new agreement completed to change the identity of the affiliate.
This agreement has been created by two (2) independent parties for the purpose of a service in return for a reward; at no time shall this relationship be construed to deem a partnership, joint venture, employer/employee or any other form.
All responsibilities for taxes and risks are the responsibility of the affiliate in accordance with the law and otherwise.
No representation shall be made, incur credit or commit on behalf of ‘Lifeforce Tonics’ or any retailer without prior written approval from ‘Lifeforce Tonics’. This agreement does not constitute our approval.
Finally
If you complete and submit the application form, you are acknowledging you have read and agree with the terms and conditions of this agreement, with the understanding that at any time we may solicit referrals on the terms that may differ from this agreement or operate similar or competing web sites.
You have independently evaluated the desire to participate in this program and are not relying on any representation, guarantee or statement other than what is set out in these terms and conditions.
