Eternity Medicine Rx LLC
Program Terms
Eternity Medicine Rx Affiliate Program Agreement
FOREWORD
Our affiliates are very important to us. We do our best to treat you with
the fairness and respect you deserve. We simply ask the same consideration
of you. We have written the following affiliate agreement with you in mind,
as well as to protect our company's good name. So please bear with us as we
take you through this legal formality.
Important restrictions to keep in mind
The following activities and promotional methods are prohibited. Failure to
comply may result in commission reversals and removal from the program:
• Any form of TM or TM+ bidding
• Paid ads linking directly without our express approval
• Deceitful advertising
• Promoting any coupons or discount codes that were not
made available to you and are not publicly available in through the
affiliate network or on our website
• Using any software or other methods to overwrite other
affiliates’ cookies or force certain buyer behaviors.
Opportunities and VIP Commissions
We love in-depth reviews, list placements, homepage banners, giveaways, and
newsletter inclusions. If you have such opportunities available, don’t
hesitate to reach out for VIP commissions, product samples, and
custom creatives!
We are strong believers in straightforward and honest communication. For
quickest results please email us at affiliates@EternityMedicineRx.com. Our
complete affiliate agreement is included below.
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ETERNITY MEDICINE RX.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO
BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you
becoming an affiliate in the Eternity Medicine Rx Affiliate Program. The
purpose of this Agreement is to allow linking between your website and the
EternityMedicineRx.com website. Please note that throughout this Agreement,
"we," "us," and "our" refer to Eternity Medicine Rx, and "you," "your," and
"yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the
online application at the ShareASale.com server. We may reject your
application at our sole discretion. That may happen if we determine that
your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to
infringe on any copyright, trademark or other intellectual property rights
or to violate the law
2.1.6. Includes "Eternity Medicine Rx" or related combinations, variations,
or misspellings in its domain name
2.1.7. Is in any way unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically or otherwise objectionable to us in our
sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of
commission from other affiliates in our program
2.1.9. You may not create or design your website or any other website that
you operate, explicitly or implied in a manner which resembles our website
nor design your website in a manner which leads customers to believe you are
Eternity Medicine Rx or any other affiliated business.
2.2. As a member of the Eternity Medicine Rx Affiliate Program, you will
have access to your Affiliate Dashboard. Here you will be able to review our
Program’s details and access links, banners, and deals that you can use to
promote Eternity Medicine Rx products and earn a commission. Please note
that the links and banners coded with your affiliate ID enable ShareASale
and our team to track guest visits from your site to ours. It's very
important that you use them and, when adding them to your website, content,
emails, or social media posts, test them to make sure they work as intended.
2.3. Eternity Medicine Rx reserves the right, at any time, to review your
placement and approve the use of Your Links and require that you change the
placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your
responsibility. We may monitor your site as we feel necessary to make sure
that it is up-to-date and to notify you of any changes that we feel should
enhance your performance.
2.5. It is entirely your responsibility to follow all applicable
intellectual property and other laws that pertain to your site. You must
have express permission to use any person's copyrighted material, whether it
be a writing, an image, or any other copyrightable work. We will not be
responsible (and you will be solely responsible) if you use another person's
copyrighted material or other intellectual property in violation of the law
or any third party rights.
2.6. We strongly advise affiliates to stay compliant with the Federal Trade
Commission (FTC) guidelines on testimonials and endorsements. All
endorsements, reviews, testimonials on Eternity Medicine Rx products and
services, as well as relationships between other types of content websites
(forums, blogs, microblogs and other Social Media channels) and Eternity
Medicine Rx must be clearly disclosed in a separate policy on the affiliate
sites. The FTC points out that “when there exists a connection between the
endorser and the seller of the advertised product” it is imperative that
such connection is “fully disclosed”. The FTC deems the relationship in an
endorser-sponsor light, and believes that the end user has the right to
understand that one exists [full text here]. We share the undergirding idea
of this approach, and strongly encourage our affiliates to adhere to the
FTC’s rules. We also reserve the right to terminate a relationship with any
non-compliant affiliates.
3. Eternity Medicine Rx Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you
are following the terms and conditions of this Agreement. We may notify you
of any changes to your site that we feel should be made, or to make sure
that your links to our web site are appropriate and to notify further you of
any changes that we feel should be made. If you do not make the changes to
your site that we feel are necessary, we reserve the right to terminate your
participation in the Eternity Medicine Rx Affiliate Program.
3.2. Eternity Medicine Rx reserves the right to terminate this Agreement and
your participation in the Eternity Medicine Rx Affiliate Program immediately
and without notice to you should you commit fraud in your use of the
Eternity Medicine Rx Affiliate Program or should you abuse this program in
any way. If such fraud or abuse is detected, Eternity Medicine Rx shall not
be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate
application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause,
by giving the other party written notice. Written notice can be in the form
of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time
at our sole discretion. In such event, you will be notified by email.
Modifications may include, but are not limited to, changes in the payment
procedures and Eternity Medicine Rx Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this
Agreement. Your continued participation in Eternity Medicine Rx Affiliate
Program following the posting of the change notice or new Agreement on our
site will indicate your agreement to the changes.
6. Payment
Eternity Medicine Rx uses a third party to handle all of the tracking and
payment. The third party is the ShareASale affiliate network. Kindly review
the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a media partner account and password so that you may enter
Parnerize’s secure affiliate interface. From their site you will be able to
receive your reports that will describe our calculation of the commissions
due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites but, naturally, any
promotion that mentions Eternity Medicine Rx could be perceived by the
public or the press as a joint effort. You should know that certain forms of
advertising are always prohibited by Eternity Medicine Rx. For example,
advertising commonly referred to as "spamming" is unacceptable to us and
could cause damage to our name. Other generally prohibited forms of
advertising include the use of unsolicited commercial email (UCE), postings
to non-commercial newsgroups and cross-posting to multiple newsgroups at
once. In addition, you may not advertise in any way that effectively
conceals or misrepresents your identity, your domain name, or your return
email address. You may use mailings to customers to promote Eternity
Medicine Rx so long as the recipient is already a customer or subscriber of
your services or web site, and recipients have the option to remove
themselves from future mailings. Also, you may post to newsgroups to promote
Eternity Medicine Rx so long as the news group specifically welcomes
commercial messages. At all times, you must clearly represent yourself and
your web sites as independent from Eternity Medicine Rx. If it comes to our
attention that you are spamming, we will consider that cause for immediate
termination of this Agreement and your participation in the Eternity
Medicine Rx Affiliate Program. Any pending balances owed to you will not be
paid if your account is terminated due to such unacceptable advertising or
solicitation.
8.2. Affiliates are strictly prohibited from bidding in their Pay-Per-Click
campaigns on any branded keywords or phrases containing [Eternity Medicine],
[EternityMedicine], [Eternity Medicine Rx], etc., as well as any
misspellings or variations of these - be it in "TM" or "TM+" manner. While
we will do everything possible to contact the violating affiliate prior to
banning them from our affiliate program, we reserve the right to expel any
trademark violator from our affiliate program without prior notice, and on
the first occurrence of such PPC bidding behavior.
8.3. Affiliates enrolled in the Eternity Medicine Rx Affiliate Program whose
website(s) promote coupon codes must adhere to our coupon guidelines as
follows:
8.3.1. You may ONLY advertise coupon codes that are provided to you through
the affiliate program.
8.3.2. Posting any information about how to work around the requirements of
a coupon/promotion (i.e. first-time customers only) will result in removal
from the program.
8.3.3. You may NOT advertise coupon codes obtained from any non-affiliate
marketing channel, including coupon codes from our email, paid search, any
other non-affiliate advertising campaigns, or campaigns involving other
specific affiliates.
8.3.4. You may NOT give the appearance that any ongoing offer requires
clicking from your website in order to redeem. For example, if a specific
item is placed on sale, you may not turn this into an offer inferring the
customer must click from your site to get this deal.
Affiliates whose primary business is posting coupons, who are viewed by the
program as being a coupon site, and/or who are tagged as coupon in our
system, may not be paid commissions for sales generated without a
corresponding valid coupon code or using unauthorized coupon codes. Valid
codes are defined as codes that are made available to affiliates in general,
through newsletters or the ShareASale Deals database, and directly or
privately to specific affiliates. Coupon codes that are not real, expired,
or are long-term sitewide offers that do not require a code may not be
considered valid codes and the affiliate will not be awarded commission on
these orders.
8.4. Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,”
“Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive
pop-ups and/or pop-unders” to consumers from the time the consumer clicks on
a qualifying link until such time as the consumer has fully exited
EternityMedicineRx.com website (i.e., no page from our site or any Eternity
Medicine Rx content or branding is visible on the end-user’s screen). As
used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an
application that (a) through accidental or direct intent causes the
overwriting of affiliate and non affiliate commission tracking cookies
through any other means than a customer initiated click on a qualifying link
on a web page or email; (b) intercepts searches to redirect traffic through
an installed software, thereby causing, pop ups, commission tracking cookies
to be put in place or other commission tracking cookies to be overwritten
where a user would under normal circumstances have arrived at the same
destination through the results given by the search (search engines being,
but not limited to, Google, MSN, Yahoo, AOL, Bing, Opera, and similar search
or directory engines); (c) set commission tracking cookies through loading
of Merchant site in IFrames, hidden links and automatic pop ups that open
EternityMedicineRx.com website; (d) targets text on web sites, other than
those web sites 100% owned by the application owner, for the purpose of
contextual marketing; (e) removes, replaces or blocks the visibility of
Affiliate banners with any other banners, other than those that are on web
sites 100% owned by the owner of the application.
8.5. Eternity Medicine Rx may partner with resellers but only after
carefully reviewing their stores and business principles. If you wish to
resell Eternity Medicine Rx products, please contact us at
Affiliates@EternityMedicineRx.com. Unauthorized reselling is strictly
prohibited. We reserve the right to reverse orders and withhold referral
fees due to suspected intent to resell. We do not offer any warranties,
refunds, or other compensations on products bought from 3rd parties or
unauthorized resellers.
8.6. Affiliate partners are prohibited from using Eternity Medicine Rx,
EternityMedicineRx, or any variations of our brand name in their main domain
URL or social media accounts.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely in accordance with the terms
of this Agreement and (ii) solely in connection with such links, to use our
logos, trade names, trademarks, and similar identifying material
(collectively, the "Licensed Materials") that we provide to you or authorize
for such purpose. You are only entitled to use the Licensed Materials to the
extent that you are a member in good standing of the Eternity Medicine Rx
Affiliate Program. You agree that all uses of the Licensed Materials will be
on behalf of Eternity Medicine Rx and the good will associated therewith
will inure to the sole benefit of Eternity Medicine Rx.
9.2. Each party agrees not to use the other's proprietary materials in any
manner that is disparaging, misleading, obscene or that otherwise portrays
the party in a negative light. Each party reserves all of its respective
rights in the proprietary materials covered by this license. Other than the
license granted in this Agreement, each party retains all right, title, and
interest to its respective rights and no right, title, or interest is
transferred to the other.
10. Disclaimer
ETERNITY MEDICINE RX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING ETERNITY MEDICINE RX SERVICE AND WEBSITE OR THE
PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ETERNITY
MEDICINE RX PRODUCTS’ ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE
NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be
bound by the terms and conditions of this Agreement and to perform your
obligations under this Agreement, without the approval or consent of any
other party;
11.3. You have sufficient right, title, and interest in and to the rights
granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE
OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
ETERNITY MEDICINE RX’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED
TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY,
TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES
PAID TO YOU UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless Eternity Medicine Rx, and
its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, partners, members, and other owners, against any and
all claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys' fees) (any
or all of the foregoing hereinafter referred to as "Losses") insofar as such
Losses (or actions in respect thereof) arise out of or are based on (i) any
claim that our use of the affiliate trademarks infringes on any trademark,
trade name, service mark, copyright, license, intellectual property, or
other proprietary right of any third party, (ii) any misrepresentation of a
representation or warranty or breach of a covenant and agreement made by you
herein, or (iii) any claim related to your site, including, without
limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business,
technical, financial, and customer information, disclosed by one party to
the other during negotiation or the effective term of this Agreement which
is marked "Confidential," will remain the sole property of the disclosing
party, and each party will keep in confidence and not use or disclose such
proprietary information of the other party without express written
permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and Eternity
Medicine Rx. 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 any other of Your Site or otherwise, that reasonably would
contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this
Agreement to any party, except to a party who obtains all or substantially
all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Nevada without regard to the conflicts of laws and
principles thereof. Any legal action or proceeding with respect to this
Agreement or any document related shall be brought only in a United States
District Court sitting within 50 miles of 313 Pilot Rd, Suite B LAS VEGAS,
NV 89119.
15.4. You may not amend or waive any provision of this Agreement unless in
writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and
shall supersede all prior agreements and communications of the parties, oral
or written.
15.6. The headings and titles contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this
Agreement.
15.7. If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the minimum
extent necessary such that the intent of the parties is effectuated, and the
remainder of this agreement shall have full force and effect.
FOREWORD
Our affiliates are very important to us. We do our best to treat you with
the fairness and respect you deserve. We simply ask the same consideration
of you. We have written the following affiliate agreement with you in mind,
as well as to protect our company's good name. So please bear with us as we
take you through this legal formality.
Important restrictions to keep in mind
The following activities and promotional methods are prohibited. Failure to
comply may result in commission reversals and removal from the program:
• Any form of TM or TM+ bidding
• Paid ads linking directly without our express approval
• Deceitful advertising
• Promoting any coupons or discount codes that were not
made available to you and are not publicly available in through the
affiliate network or on our website
• Using any software or other methods to overwrite other
affiliates’ cookies or force certain buyer behaviors.
Opportunities and VIP Commissions
We love in-depth reviews, list placements, homepage banners, giveaways, and
newsletter inclusions. If you have such opportunities available, don’t
hesitate to reach out for VIP commissions, product samples, and
custom creatives!
We are strong believers in straightforward and honest communication. For
quickest results please email us at affiliates@EternityMedicineRx.com. Our
complete affiliate agreement is included below.
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ETERNITY MEDICINE RX.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO
BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you
becoming an affiliate in the Eternity Medicine Rx Affiliate Program. The
purpose of this Agreement is to allow linking between your website and the
EternityMedicineRx.com website. Please note that throughout this Agreement,
"we," "us," and "our" refer to Eternity Medicine Rx, and "you," "your," and
"yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the
online application at the ShareASale.com server. We may reject your
application at our sole discretion. That may happen if we determine that
your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to
infringe on any copyright, trademark or other intellectual property rights
or to violate the law
2.1.6. Includes "Eternity Medicine Rx" or related combinations, variations,
or misspellings in its domain name
2.1.7. Is in any way unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically or otherwise objectionable to us in our
sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of
commission from other affiliates in our program
2.1.9. You may not create or design your website or any other website that
you operate, explicitly or implied in a manner which resembles our website
nor design your website in a manner which leads customers to believe you are
Eternity Medicine Rx or any other affiliated business.
2.2. As a member of the Eternity Medicine Rx Affiliate Program, you will
have access to your Affiliate Dashboard. Here you will be able to review our
Program’s details and access links, banners, and deals that you can use to
promote Eternity Medicine Rx products and earn a commission. Please note
that the links and banners coded with your affiliate ID enable ShareASale
and our team to track guest visits from your site to ours. It's very
important that you use them and, when adding them to your website, content,
emails, or social media posts, test them to make sure they work as intended.
2.3. Eternity Medicine Rx reserves the right, at any time, to review your
placement and approve the use of Your Links and require that you change the
placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your
responsibility. We may monitor your site as we feel necessary to make sure
that it is up-to-date and to notify you of any changes that we feel should
enhance your performance.
2.5. It is entirely your responsibility to follow all applicable
intellectual property and other laws that pertain to your site. You must
have express permission to use any person's copyrighted material, whether it
be a writing, an image, or any other copyrightable work. We will not be
responsible (and you will be solely responsible) if you use another person's
copyrighted material or other intellectual property in violation of the law
or any third party rights.
2.6. We strongly advise affiliates to stay compliant with the Federal Trade
Commission (FTC) guidelines on testimonials and endorsements. All
endorsements, reviews, testimonials on Eternity Medicine Rx products and
services, as well as relationships between other types of content websites
(forums, blogs, microblogs and other Social Media channels) and Eternity
Medicine Rx must be clearly disclosed in a separate policy on the affiliate
sites. The FTC points out that “when there exists a connection between the
endorser and the seller of the advertised product” it is imperative that
such connection is “fully disclosed”. The FTC deems the relationship in an
endorser-sponsor light, and believes that the end user has the right to
understand that one exists [full text here]. We share the undergirding idea
of this approach, and strongly encourage our affiliates to adhere to the
FTC’s rules. We also reserve the right to terminate a relationship with any
non-compliant affiliates.
3. Eternity Medicine Rx Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you
are following the terms and conditions of this Agreement. We may notify you
of any changes to your site that we feel should be made, or to make sure
that your links to our web site are appropriate and to notify further you of
any changes that we feel should be made. If you do not make the changes to
your site that we feel are necessary, we reserve the right to terminate your
participation in the Eternity Medicine Rx Affiliate Program.
3.2. Eternity Medicine Rx reserves the right to terminate this Agreement and
your participation in the Eternity Medicine Rx Affiliate Program immediately
and without notice to you should you commit fraud in your use of the
Eternity Medicine Rx Affiliate Program or should you abuse this program in
any way. If such fraud or abuse is detected, Eternity Medicine Rx shall not
be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate
application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause,
by giving the other party written notice. Written notice can be in the form
of mail, email or fax. In addition, this Agreement will terminate
immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time
at our sole discretion. In such event, you will be notified by email.
Modifications may include, but are not limited to, changes in the payment
procedures and Eternity Medicine Rx Affiliate Program rules. If any
modification is unacceptable to you, your only option is to end this
Agreement. Your continued participation in Eternity Medicine Rx Affiliate
Program following the posting of the change notice or new Agreement on our
site will indicate your agreement to the changes.
6. Payment
Eternity Medicine Rx uses a third party to handle all of the tracking and
payment. The third party is the ShareASale affiliate network. Kindly review
the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a media partner account and password so that you may enter
Parnerize’s secure affiliate interface. From their site you will be able to
receive your reports that will describe our calculation of the commissions
due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites but, naturally, any
promotion that mentions Eternity Medicine Rx could be perceived by the
public or the press as a joint effort. You should know that certain forms of
advertising are always prohibited by Eternity Medicine Rx. For example,
advertising commonly referred to as "spamming" is unacceptable to us and
could cause damage to our name. Other generally prohibited forms of
advertising include the use of unsolicited commercial email (UCE), postings
to non-commercial newsgroups and cross-posting to multiple newsgroups at
once. In addition, you may not advertise in any way that effectively
conceals or misrepresents your identity, your domain name, or your return
email address. You may use mailings to customers to promote Eternity
Medicine Rx so long as the recipient is already a customer or subscriber of
your services or web site, and recipients have the option to remove
themselves from future mailings. Also, you may post to newsgroups to promote
Eternity Medicine Rx so long as the news group specifically welcomes
commercial messages. At all times, you must clearly represent yourself and
your web sites as independent from Eternity Medicine Rx. If it comes to our
attention that you are spamming, we will consider that cause for immediate
termination of this Agreement and your participation in the Eternity
Medicine Rx Affiliate Program. Any pending balances owed to you will not be
paid if your account is terminated due to such unacceptable advertising or
solicitation.
8.2. Affiliates are strictly prohibited from bidding in their Pay-Per-Click
campaigns on any branded keywords or phrases containing [Eternity Medicine],
[EternityMedicine], [Eternity Medicine Rx], etc., as well as any
misspellings or variations of these - be it in "TM" or "TM+" manner. While
we will do everything possible to contact the violating affiliate prior to
banning them from our affiliate program, we reserve the right to expel any
trademark violator from our affiliate program without prior notice, and on
the first occurrence of such PPC bidding behavior.
8.3. Affiliates enrolled in the Eternity Medicine Rx Affiliate Program whose
website(s) promote coupon codes must adhere to our coupon guidelines as
follows:
8.3.1. You may ONLY advertise coupon codes that are provided to you through
the affiliate program.
8.3.2. Posting any information about how to work around the requirements of
a coupon/promotion (i.e. first-time customers only) will result in removal
from the program.
8.3.3. You may NOT advertise coupon codes obtained from any non-affiliate
marketing channel, including coupon codes from our email, paid search, any
other non-affiliate advertising campaigns, or campaigns involving other
specific affiliates.
8.3.4. You may NOT give the appearance that any ongoing offer requires
clicking from your website in order to redeem. For example, if a specific
item is placed on sale, you may not turn this into an offer inferring the
customer must click from your site to get this deal.
Affiliates whose primary business is posting coupons, who are viewed by the
program as being a coupon site, and/or who are tagged as coupon in our
system, may not be paid commissions for sales generated without a
corresponding valid coupon code or using unauthorized coupon codes. Valid
codes are defined as codes that are made available to affiliates in general,
through newsletters or the ShareASale Deals database, and directly or
privately to specific affiliates. Coupon codes that are not real, expired,
or are long-term sitewide offers that do not require a code may not be
considered valid codes and the affiliate will not be awarded commission on
these orders.
8.4. Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,”
“Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive
pop-ups and/or pop-unders” to consumers from the time the consumer clicks on
a qualifying link until such time as the consumer has fully exited
EternityMedicineRx.com website (i.e., no page from our site or any Eternity
Medicine Rx content or branding is visible on the end-user’s screen). As
used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an
application that (a) through accidental or direct intent causes the
overwriting of affiliate and non affiliate commission tracking cookies
through any other means than a customer initiated click on a qualifying link
on a web page or email; (b) intercepts searches to redirect traffic through
an installed software, thereby causing, pop ups, commission tracking cookies
to be put in place or other commission tracking cookies to be overwritten
where a user would under normal circumstances have arrived at the same
destination through the results given by the search (search engines being,
but not limited to, Google, MSN, Yahoo, AOL, Bing, Opera, and similar search
or directory engines); (c) set commission tracking cookies through loading
of Merchant site in IFrames, hidden links and automatic pop ups that open
EternityMedicineRx.com website; (d) targets text on web sites, other than
those web sites 100% owned by the application owner, for the purpose of
contextual marketing; (e) removes, replaces or blocks the visibility of
Affiliate banners with any other banners, other than those that are on web
sites 100% owned by the owner of the application.
8.5. Eternity Medicine Rx may partner with resellers but only after
carefully reviewing their stores and business principles. If you wish to
resell Eternity Medicine Rx products, please contact us at
Affiliates@EternityMedicineRx.com. Unauthorized reselling is strictly
prohibited. We reserve the right to reverse orders and withhold referral
fees due to suspected intent to resell. We do not offer any warranties,
refunds, or other compensations on products bought from 3rd parties or
unauthorized resellers.
8.6. Affiliate partners are prohibited from using Eternity Medicine Rx,
EternityMedicineRx, or any variations of our brand name in their main domain
URL or social media accounts.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely in accordance with the terms
of this Agreement and (ii) solely in connection with such links, to use our
logos, trade names, trademarks, and similar identifying material
(collectively, the "Licensed Materials") that we provide to you or authorize
for such purpose. You are only entitled to use the Licensed Materials to the
extent that you are a member in good standing of the Eternity Medicine Rx
Affiliate Program. You agree that all uses of the Licensed Materials will be
on behalf of Eternity Medicine Rx and the good will associated therewith
will inure to the sole benefit of Eternity Medicine Rx.
9.2. Each party agrees not to use the other's proprietary materials in any
manner that is disparaging, misleading, obscene or that otherwise portrays
the party in a negative light. Each party reserves all of its respective
rights in the proprietary materials covered by this license. Other than the
license granted in this Agreement, each party retains all right, title, and
interest to its respective rights and no right, title, or interest is
transferred to the other.
10. Disclaimer
ETERNITY MEDICINE RX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING ETERNITY MEDICINE RX SERVICE AND WEBSITE OR THE
PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ETERNITY
MEDICINE RX PRODUCTS’ ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE
NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be
bound by the terms and conditions of this Agreement and to perform your
obligations under this Agreement, without the approval or consent of any
other party;
11.3. You have sufficient right, title, and interest in and to the rights
granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE
OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
ETERNITY MEDICINE RX’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED
TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY,
TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES
PAID TO YOU UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless Eternity Medicine Rx, and
its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, partners, members, and other owners, against any and
all claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys' fees) (any
or all of the foregoing hereinafter referred to as "Losses") insofar as such
Losses (or actions in respect thereof) arise out of or are based on (i) any
claim that our use of the affiliate trademarks infringes on any trademark,
trade name, service mark, copyright, license, intellectual property, or
other proprietary right of any third party, (ii) any misrepresentation of a
representation or warranty or breach of a covenant and agreement made by you
herein, or (iii) any claim related to your site, including, without
limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business,
technical, financial, and customer information, disclosed by one party to
the other during negotiation or the effective term of this Agreement which
is marked "Confidential," will remain the sole property of the disclosing
party, and each party will keep in confidence and not use or disclose such
proprietary information of the other party without express written
permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between you and Eternity
Medicine Rx. 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 any other of Your Site or otherwise, that reasonably would
contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this
Agreement to any party, except to a party who obtains all or substantially
all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Nevada without regard to the conflicts of laws and
principles thereof. Any legal action or proceeding with respect to this
Agreement or any document related shall be brought only in a United States
District Court sitting within 50 miles of 313 Pilot Rd, Suite B LAS VEGAS,
NV 89119.
15.4. You may not amend or waive any provision of this Agreement unless in
writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and
shall supersede all prior agreements and communications of the parties, oral
or written.
15.6. The headings and titles contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this
Agreement.
15.7. If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the minimum
extent necessary such that the intent of the parties is effectuated, and the
remainder of this agreement shall have full force and effect.