Awin | GenuinePurity Affiliate Program

Independent Contractor Agreement: Terms and Conditions
for Participation in the GenuinePurity Affiliate Program (called “GenuinePurity”)

Updated as of November, 2024

Now for the “fine print.” We want to treat each other fairly
and conduct our respective businesses honestly. These are the terms and
conditions (“Terms”) under which you can be our independent contractor to
promote GenuinePurity products on independent websites in return for a
commission on sales. GenuinePurity reserves the right to vary the Terms at any
time. You must be in compliance whether or not you receive notice of changes.

First,
for clarity's sake, here are definitions of some terms that we will use in
the agreement.
1. "Ads"
  mean all internet advertising including, for example, banners, buttons,
  clicks, co-registrations, e-mails, audio and video files, content, text,
  graphic files and similar media and/or data.
2. "Advertising
  Material" means the banners and product information in the
  Affiliates' resource area of GenuinePurity websites, to be used for
  promotional activities.
3. "Affiliate"
  means an independent, non-employee of GenuinePurity who has been granted
  the rights described below for promoting the Products of GenuinePurity in
  exchange for a Commission, subject to all the Terms.
4. "Affiliate
  Website" means the site operated by the Affiliate or Network (as
  defined below), as distinct from this website or any other website
  operated by GenuinePurity itself.
5. "Agreement"
  means this document, which is a contract, setting forth the Terms of the GenuinePurity
  relationship with you.
6. "Commission"
  means the commission payable to the Affiliate as a direct result of
  visits to GenuinePurity Websites via Links. Commissions are calculated as
  a percentage of the product sales price, excluding shipping and/or
  applicable taxes or duties. You will find information on the Commissions
  policy in the "Payment Details", "Products and Offers",
  and "FAQ" sections of this GenuinePurity Website.
7. "Confidential
  Information" means the information conveyed or discovered in
  connection with the Agreement, that regard (as applicable) the other
  party's business transactions, sales, commissions, supply, research,
  computer programs, code, financial data, business plans, marketing data,
  distribution, and affiliate program methods.
8. "Intellectual
  Property" means the registered or unregistered patent, copyright,
  database right, design right, trademarks and service marks or other
  industrial or intellectual property right of Leading Edge Health (“LEH”) anywhere
  in the world, existing now or later, and the sole right to apply for them
  and any actual application for them.
9. "
  Leading Edge Health" means Leading Edge Health Inc., and all
  companies and/or brands owned by or associated with, now or in the
  future, Leading Edge Health Inc. which include GenuinePurity
  ("LEH").
10. "Leading
  Edge Health Website" means a website owned by LEH (including the GenuinePurity
  website), as opposed to Affiliate or Network websites that are owned and
  operated by Affiliates/Networks as independent legal entities.
11. "Liability"
  means legal actions, awards, costs, claims, damages, losses (including
  direct or indirect consequential losses), demands, expenses, fines, loss
  of profits, loss of reputation, judgments, penalties, and proceedings and
  any other losses. LEH will not be held liable or responsible for any
  actions or inactions of Affiliates and/or Networks.
12. "Link"
  means a unique hypertext link between the Affiliate Website and a GenuinePurity
  website, used to promote the Products by a GenuinePurity Affiliate in
  accordance with the Terms, for the sole purpose of carrying out the
  Promotional Activities.
13. "Network"
  means a person or company that buys traffic using one or more
  sub-affiliates; all sub-affiliates are included under the term
  "Network," and it is the sole responsibility of the Network to
  ensure compliance with the Terms by the sub-affiliates, and the Network
  bears sole Liability for the actions or inactions of its sub-affiliates.
14. "Products"
  means the products shown on the GenuinePurity website that are available
  for promotion by Affiliates through the GenuinePurity affiliate program.
15. "Promotional
  Activities" means the use of Advertising Material on the Affiliate
  or Network Websites by the Affiliate/Network to promote the Products
  and/or to drive traffic from the Affiliate/Network website(s) to the GenuinePurity/LEH
  website(s) via the Link.
16. "Transaction"
  means the actual customer sale of a Product on a GenuinePurity website
  that arises as the direct result of the customer visiting the GenuinePurity
  website via the Link from the Affiliate Website.
17. "GenuinePurity"
  is the name of an affiliate marketing program owned and operated by LEH.
18. "GenuinePurity
  Website" means a website (including this one) owned and/or operated
  by LEH, as opposed to Affiliate or Network Websites that are owned and
  operated by Affiliates/Networks as independent legal entities.
19. "You"
  means an Affiliate or Network signing the Terms ("Your,"
  possessive).
No
Spamming
1. The
  following forms of unsolicited communications are considered spam by GenuinePurity,
  and are prohibited (the list is not exhaustive):
  1. Unsolicited
    e-mail,
  2. Unsolicited
    direct communication,
  3. Unsolicited
    instant messaging, electronic newsletters without double opt-in, and
  4. Unsolicited
    postings on public forums such as newsgroups, message boards, chat
    rooms, instant chat programs, guest books, web pages, or any other
    public forum, unless You:
    1. are
      the 100% owner,
    2. have
      been given written permission by the owner, or
    3. post
      in public forums in the "business opportunities" forum, if
      applicable.
2. GenuinePurity
  does NOT pay for conversions from spamming.
3. If
  You are caught promoting our products and sites with spam, your account
  will immediately be terminated, all amounts otherwise owing will be
  forfeited, and we will pursue legal action. Why is GenuinePurity so
  strict with its anti-spam measures and enforcement of its anti-spam
  policy?

a.
The reasons are simple. First of all, it is
illegal. Secondly, we want You to be successful and make more money in the GenuinePurity
program. Spamming equates to a poor gamble on minor short-term gains at the
expense of assured long-term success.

1. 1. 1. Programs
      that condone spamming end up being blacklisted and relegated to bottom
      feeding with slow and unreliable web hosting options – low on speed and
      high on downtime.
    2. We
      are able to secure top-level, fast, reliable web hosting to serve our
      web pages and order pages to your productive, targeted audience because
      we have not sacrificed these privileges by hammering an unproductive
      and poor target audience with unsolicited marketing.
    3. Programs
      that condone spamming end up with product URLs, domains, and websites
      being content-filtered by block lists and anti-spam software, which
      means that critical e-mails such as Commission notifications, Affiliate
      newsletters, and order confirmations will not get through.
    4. If
      a website is deemed to be generating spam, third-party testing
      services, such as McAfee Site Advisor, can render a negative review of
      the website.
      1. This
        can result in the denial of paid search term advertising.
1. If
  You have any questions about whether or not your marketing methods are
  banned by this policy, contact us BEFORE you start your campaign.
2. If
  You wish to market by e-mail, You must first request permission from Your
  affiliate manager. If permission is granted, the manager will provide
  details on the GenuinePurity "suppression list," which is used
  to avoid sending unwanted e-mails. You must:
  1. exclude
    addresses on the list,
  2. include
    an opt-out link in their e-mails, and
  3. send
    e-mail addresses of opt-outs to affiliate@GenuinePurity.com
Personal
Information
1. It
  is Your sole responsibility to ensure that the personal details that You
  provide on the application are true and accurate and that You will inform
  us if they change. You hereby also warrant that you are who You say You
  are in Your application.
2. The
  Affiliate shall give GenuinePurity a functioning e-mail address that the
  Affiliate checks regularly.
3. In
  some places, there is a minimum age requirement for dealing in products
  of an adult nature, and for making any binding contract at all. It is
  Your sole responsibility to determine whether the place from which You
  operate your website or the place of Your residence has a minimum age
  requirement for both of these matters and to comply with any such
  requirements. By agreeing to this contract, You warrant that you are old
  enough.
4. You
  warrant that you also possess all other rights, permissions, and
  competencies to run a website that deals in products of an adult nature.
5. You
  hereby consent that we may use the information that You provide in Your
  application in order for us to carry out any checks that we consider
  necessary to confirm Your identity and suitability for the program, or
  for any other purpose which GenuinePurity in its sole discretion deems
  necessary.
6. We
  reserve the right to prosecute persons who sign up as Affiliates under
  false identities and then use such identities for purposes besides purely
  Promotional Activities.
7. On
  submission of an application to become an Affiliate or Network with GenuinePurity,
  the applicant shall be deemed to have accepted and to be bound by the
  Terms.
The
Permission We Allow You
1. Upon
  accepting Your application, GenuinePurity grants You permission to market
  the GenuinePurity Products, as offered on a GenuinePurity Website,
  pursuant to the Terms, on a strictly independent contractor basis.
2. The
  permission to market includes a non-exclusive, non-transferable,
  royalty-free, revocable license to use GenuinePurity Intellectual
  Property in conjunction with Advertising Material, for the sole purpose
  of Promotional Activities.
  1. This
    permission does not include the right to use LEH or LEM trademarks, or
    any word(s) confusingly similar to them ("confusingly similar"
    in LEH's sole discretion), in the Affiliate's/Network's corporation or
    domain name.
    1. There
      will be an exception in the case of a domain name if You ask for and
      receive express, written permission.
GenuinePurity
Rights
1. All
  data supplied via the Link either to or from the Affiliate and/or the
  Affiliate Website and all Intellectual Property rights in the same, and
  any and all goodwill generated by the Affiliate's activities shall accrue
  to and belong to GenuinePurity exclusively.
  1. GenuinePurity
    is entitled to monitor the Affiliate Website to determine that the
    Affiliate's/Network's participation in the GenuinePurity Affiliate
    program is appropriate.
    1. If,
      in the sole discretion of GenuinePurity, GenuinePurity considers Your
      participation in the program inappropriate, GenuinePurity may either:
      1. notify
        You of the changes it requires, or
      2. terminate
        this Agreement without notice and without penalty for GenuinePurity
        and LEH.
2. All
  Intellectual Property used in accordance with this Agreement by either or
  both parties shall remain the exclusive property of the respective
  originating or issuing party.
3. No
  transfer of Intellectual Property ownership or conveyance of rights is
  intended or conferred in this Agreement.
4. You
  shall carry sole Liability for ensuring that You do not infringe the
  Intellectual Property rights of third-party owners of intellectual
  property.
5. Both
  parties will be held to confidence in any matters of business with regard
  to this Agreement.
6. GenuinePurity
  will own all right, title and interest in and to all information that is
  created or collected in the operation of the GenuinePurity Websites.
7. In
  order for us to optimize your experience with GenuinePurity, we may use
  cookies on and emanating from the GenuinePurity site and all other
  websites operated by LEH.
Affiliate
Obligations
1. General
  1. The
    Affiliate shall conduct him/herself with honesty and integrity.
  2. The
    Affiliate shall comply with every applicable law, ordinance, rule, case
    law precedent, administrative ruling and/or regulation of every
    applicable country, federation of countries (such as the European
    Union), state, province, county, municipality and/or other jurisdiction
    in which the Affiliate attempts to conduct his/her affiliate affairs.
    1. For
      greater certainty, this obligation applies to the rules, regulations,
      case law precedents, and administrative rulings of the U.S. Food and
      Drug Administration, the U.S. Federal Trade Commission, and all other
      consumer protection bodies in and outside the United States.
    2. You
      must post a privacy policy on your website(s) that discloses how you
      collect, use, share and/or sell personally identifiable information,
      pursuant to applicable laws and regulations.
    3. You
      shall also post Your own Terms and Conditions.
    4. The
      Affiliate may not copy the Privacy Policy or Terms and Conditions of GenuinePurity
      websites verbatim
2. Links
  1. The
    Links shall be displayed throughout your Affiliate Website.
  2. The
    Link that GenuinePurity will provide for You from the GenuinePurity
    Website identifies the linked site as the Affiliate Website, and
    therefore:
    1. It
      is the Your sole responsibility to ensure that this unique link is used
      and maintained, for otherwise the Commission may not be tracked,
      recorded and/or paid, and
    2. GenuinePurity
      is not liable for any Commission lost, unearned, or unpaid resulting
      from the failure to use or maintain the unique Link.
  3. Affiliates/Networks
    using paid advertising on search engines (including, but not limited to,
    Google Ads and Bing Ads) or any other PPC or media buying platform,
    shall not link directly from their ads to any website owned by LEH. In
    order to be compliant, all paid traffic must go to an
    Affiliate's/Network's landing page. If You are found direct-linking, You
    may have Your accounts terminated and all Commissions forfeited.
  4. You
    may also not link to the Privacy Policy or Terms and Conditions of a GenuinePurity
    or LEH website.
3. You
  may not make any representations, descriptions, or claims about the
  Products, including claims about Product efficacy, that are not contained
  on a GenuinePurity Website.

a.
GenuinePurity and LEH might change Product
claims from time to time.

1. 1. 1. It
      is your duty to review the GenuinePurity and LEH Websites regularly and
      bring your claims into conformity.
    2. Failure
      by GenuinePurity to send you actual notice of a change in Product
      claims does not relieve you of the responsibility to stay current with GenuinePurity's/LEH's
      Product claims, and make sure that Your websites stay conformed.
1. You
  must update the content of Your Website(s) as and when the Advertising
  Material on the GenuinePurity and LEH websites is updated, in order to
  maintain consistency between the Your website and the GenuinePurity/LEH
  websites.
  1. All
    maintenance and updating of Your website(s) the Your sole
    responsibility.
2. You
  shall not frame any pages or parts of any pages of the GenuinePurity or
  LEH Websites or any other website, nor will You create the impression
  that Your website(s) is/are a GenuinePurity or LEH Website, part of a GenuinePurity
  or LEH Website, or part of any website that is not Your own website.
  1. By
    way of example, in order to avoid giving the impression that the
    Affiliate's website is a GenuinePurity website, the Affiliate shall not
    use the name "Leading Edge Health" nor the names of any
    companies or brands owned by or associated with LEH, as set forth in
    Section 1(h) of the Terms, nor the contact information for those, in its
    footer or elsewhere, in a manner implying that the site(s)/page(s)
    itself/themselves belong to LEH.
3. The
  Affiliate shall not use or create any content, or link to a website that
  uses any content, that:
  1. contains,
    libelous, defamatory, obscene, abusive, discriminatory, or illegal
    materials;
  2. is
    invasive of any privacy and/or publicity rights;
  3. infringes
    third-party intellectual property rights;
  4. violates
    any law, or which is otherwise reasonably objectionable;
  5. contains
    information or claims about the Products other than information about
    the Products supplied on the GenuinePurity Websites;
  6. contains
    any material that would mislead or cause confusion about the Products or
    the relationship between the Affiliate and GenuinePurity;
  7. is
    a "flog" (a.k.a. "fake blog" or a "flack
    blog"), defined as a promotional blog posing as a non-promotional,
    unbiased source of information; or
  8. appears
    to be unbiased journalism when in fact it is part of a marketing
    campaign.
4. The
  Affiliate shall not authorize any third party to use the GenuinePurity
  Intellectual Property, or any text, graphics, or photos that bear a
  likeness to GenuinePurity Intellectual Property.
5. The
  Affiliate shall not apply to register any Intellectual Property in any
  jurisdiction, nor induce a third-party to do so; if the Affiliate or an
  induced third-party does so anyway, the Affiliate and/or induced third
  party will cooperate with LEH to rescind the application or registration,
  or to assign it to LEH or LEM, and provide and/or execute any documents
  that LEH requests in this regard.
6. The
  Affiliate shall not engage in or facilitate any Promotional Activities
  that use any technology that has any virus including, but not limited to,
  any Trojan horse, worm, logic bomb, time bomb, back door, trap door, keys
  or other harmful elements.
7. The
  Affiliate shall not use consumers' personal data for activities that fail
  to comply with personal data protection legislation or regulations in any
  relevant jurisdiction.
8. The
  Affiliate shall not create, or attempt to create, a Transaction by any
  means other than that permitted in this Agreement.
  1. All
    Transactions shall be made by GenuinePurity and/or LEH.
9. The
  Affiliate shall not attempt to use any device, program, code or other
  technology to foster a Transaction that is not in good faith.
10. The
  Affiliate shall not offer any warranty, guarantee, or representation
  relating to the Products, including as to their efficacy and safety,
  other than those given by GenuinePurity.
11. The
  Affiliate shall not use the Advertising Materials or GenuinePurity
  Intellectual Property rights to promote any Affiliate program other than
  the GenuinePurity Affiliate program.
12. All
  banners and ad materials are solely for use to promote GenuinePurity
  offers.
13. The
  Affiliate shall give GenuinePurity a functioning e-mail address that the
  Affiliate checks regularly.
14. You
  shall not, directly or indirectly, attempt to recruit, solicit, or induce
  other Affiliates to terminate their affiliate relationship with GenuinePurity.
15. Traffic
  theft and any use or distribution of software that overrides or steals
  tracking cookies to generate sales for him/herself is strictly
  prohibited.
16. Affiliates
  shall not intentionally add additional GenuinePurity cookies (known as
  "cookie stuffing") to a user's browser.
17. Affiliates
  are not allowed to use automated link-building tools or software to build
  links directly to any of our official websites.
18. In
  pay-per-click advertising or any ad copy, Affiliates shall not offer
  coupons, discounts, promotional codes, or any other promise or method of
  savings.
19. Affiliates
  shall not use the words "discount" or "coupon" in
  domains used for landing pages.
20. Your
  landing page must contain a significant amount of substantive information
  about the Product(s), the sufficiency of which is judged in the sole
  discretion of GenuinePurity.
21. Affiliates
  may not refer to themselves as an official website for LEH nor for any
  Product, whether on the website, domain name, ads, or any other marketing
  materials.
22. In
  accordance with FTC regulations, Affiliates shall disclose in a clear and
  conspicuous manner that they act as Affiliates and may be compensated.
23. Affiliates
  may not register social media profiles that utilize Product names in the
  title(s) or represent themselves as LEH social media profiles.
24. Consult
  with your affiliate manager for special rules on sub-affiliates and
  Networks; these rules are set forth inside of the GenuinePurity Insertion
  Order. Violations of those rules shall be considered violations of the
  Agreement.
25. GenuinePurity
  shall pay an Affiliate their Commission at the level specified for such
  Affiliate in his/her Affiliate account interface.
26. GenuinePurity
  reserves the right to vary Commissions at any time.
27. No
  Commission shall be payable to the Affiliate for any customers or
  transactions secured otherwise than in accordance with the Terms, and/or
  which are not genuine or involve use of fraudulent means.
  1. If
    GenuinePurity only becomes aware of such transaction(s) after Commission
    is paid, GenuinePurity shall be entitled to recover the full value of
    the Commission via any appropriate means including, but not limited to,
    deducting the amount from a future remittal of Commission.
  2. GenuinePurity
    may also cancel the Agreement without notice and without penalty to
    itself, and may take any appropriate legal measures for, inter alia,
    fraud and breach by the Affiliate.
28. No
  Commission shall be payable to the Affiliate for any customers or
  transactions that occur by visits made to the GenuinePurity Website by a
  link which is not the Link and/or by visits made to the GenuinePurity
  Website otherwise than via the Link even if those customers have followed
  the Link previously.
29. GenuinePurity
  utilizes first-click attribution to compensate affiliates for their
  sales.
30. Affiliates
  may utilize their own Affiliate Links to make purchases for personal use
  only. It is an Affiliate’s responsibility to ensure that their Affiliate
  Link is accurate in order to receive credit for a sale. If an Affiliate
  is cookied with another Affiliate’s cookie and a sale is made, GenuinePurity
  will not retroactively give credit for a sale.
31. If
  Affiliates are suspected of using their Affiliate accounts to resell
  products without written authorization from LEH, their account will be
  terminated and all Commissions forfeited.
32. Networks
  must make their sub-affiliates sign terms and conditions substantially
  similar to the Terms of this Agreement, in order to ensure maximum
  possible compliance by the sub-affiliates, and also to protect the
  Network and LEH from legal consequences of the acts and omissions of the
  sub-affiliates.
Time
of the Agreement and Termination
1. This
  Agreement shall commence on the date on which you indicate that you have
  read, understood, and accepted these Terms.
  1. Checking
    the box for this purpose on the Affiliate sign-up page is full
    indication that you have read, understood, and accepted these Terms.
2. GenuinePurity
  and you may terminate this Agreement at any time without cause, without
  notice, and without penalty.
3. GenuinePurity
  may immediately terminate this Agreement for cause if you:
  1. breach
    any term or condition of this Agreement, unless GenuinePurity provides
    you express, written permission to remedy the breach, and you fail to do
    so within fourteen (14) days of notice of permission, or
  2. cease
    or threaten to cease carrying on business.
4. Upon
  termination of this Agreement for any reason, GenuinePurity shall
  de-activate the Link and the Affiliate will immediately:
  1. cease
    carrying out all Promotional Activities;
  2. cease
    to describe him/herself or promote him/herself under or by reference to
    the designation "GenuinePurity Affiliate," an "Affiliate
    of GenuinePurity," or any substantially equivalent designation;
  3. cease
    use of the Intellectual Property and Advertising Material;
  4. deliver
    up to GenuinePurity or, if GenuinePurity prefers, permanently erase or
    destroy as appropriate, all the Affiliate's Advertising Material,
    whether tangible or intangible, including source codes.
5. If
  this Agreement is terminated by GenuinePurity without cause, any
  Commission due to the Affiliate will be paid subject to any set-off,
  claim or deduction that GenuinePurity may have.
6. If
  the Agreement is terminated by GenuinePurity with cause, the Affiliate in
  question shall not be entitled to receive any Commissions accrued from
  and after the event, act, or omission that constitutes cause, including
  Commissions from the downline Affiliates whom you had recruited, whether
  or not the sales for Commissions have been completed.
7. Clauses
  of the Agreement relating to indemnity, limitation of liability, dispute
  resolution, status of the parties as independent contractors,
  confidentiality, and other clauses where indicated, shall survive expiry
  or termination of this Agreement.
Indemnity,
Hold-Harmless, and Limitation of Liability
1. Without
  prejudice to any other right or remedy GenuinePurity or LEH may have
  regarding an Affiliate or Network, You agree to indemnify and keep
  indemnified GenuinePurity and LEH (including their owners, directors,
  officers, agents, affiliates, sub-affiliates, employees, contractors and
  assigns) against any and all Liability and increased administration,
  professional, and legal costs on a full indemnity basis suffered by GenuinePurity
  or LEH (without set-off, counterclaim and/or reduction), or hold GenuinePurity
  and LEH (including their affiliates, directors, officers, employees, and
  agents) harmless, as the case may be, from and against and/or arising out
  of or in connection with any Liability, attributed to any alleged acts or
  omissions by You whatsoever, in any circumstance, including, but not
  limited to:
  1. unauthorized
    use and/or infringement of the Intellectual Property or the intellectual
    property rights of third parties,
  2. any
    breach of the Agreement,
  3. any
    tortious act and/or omission,
  4. any
    misrepresentation made in the Agreement,
  5. any
    breach of statutory or regulatory duty; and/or
  6. any
    Promotional Activities and all other activities by You, whether or not
    the Liability was foreseeable or foreseen.
2. GenuinePurity
  shall have no Liability to the Affiliate or Network for any:
  1. loss
    of profits and/or damage to goodwill;
  2. pure
    economic and/or other similar losses;
  3. special
    damages;
  4. aggravated,
    punitive and/or exemplary damages;
  5. consequential
    losses and/or indirect losses;
  6. loss
    and/or corruption of data;
  7. business
    interruption, loss of business, loss of contracts, loss of opportunity
    and/or of production; and/or
  8. legal,
    administrative, or regulatory action undertaken against the Affiliate, GenuinePurity,
    or LEH in connection with any aspect of the GenuinePurity program
    including, but not limited to, challenges to claims of Product efficacy.
3. If,
  despite the aforegoing, GenuinePurity or LEH is held liable to the
  Affiliate or Network, GenuinePurity’s total Liability shall not exceed
  the sum of the Commissions actually paid to the Affiliate or Network in
  the immediately preceding six (6) month period.
  1. For
    the purpose of this clause, the relevant six (6) month period means the
    six (6) months immediately prior to the first act/omission giving rise
    to the Liability.
4. Each
  of the limitations and/or exclusions in this Agreement shall be deemed to
  be repeated and apply as a separate provision for each of (in any
  jurisdiction):
  1. Liability
    in contract (including fundamental breach),
  2. Liability
    in tort (including negligence),
  3. Liability
    for breach of statutory duty,
  4. Liability
    for breach of rule and/or regulation, and
  5. Liability
    for breach of the common law.
5. Nothing
  in this Agreement shall exclude or limit the Liability of the Affiliate
  and/or Network for fraud. Each party hereto acknowledges that, in
  entering into this Agreement, it does not do so in reliance on any
  representation, warranty, prior agreement, or other provision except as
  expressly provided in this Agreement.
6. The
  obligations under this clause shall in perpetuity survive the expiry or
  termination of the Agreement.
WARRANTIES
AND LIABILITY
1. GENUINEPURITY
  AND LEH MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
  REGARDING THE PRODUCTS OR THE GENUINEPURITY OR LEH WEBSITES OR THEIR
  AVAILABILITY OR FUNCTIONALITY AND ALL IMPLIED WARRANTIES OF
  MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
  DISCLAIMED AND EXCLUDED. THE AFFILIATE ACCEPTS THAT THE OPERATION OF THE GENUINEPURITY
  AND LEH WEBSITES MIGHT NOT BE ERROR FREE OR UNINTERRUPTED, AND THAT THE
  PRODUCTS MIGHT NOT PERFORM AS ADVERTISED FOR ALL CUSTOMERS. GENUINEPURITY
  AND LEH ARE NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
  ERRORS IN THE PERFORMANCE OR CONTENT OF THE GENUINEPURITY OR LEH
  WEBSITES, OR THE LACK OF PERFORMANCE OR SAFETY OF THE PRODUCTS OR ANY
  CONSEQUENCES OF THE ADVERTISING MATERIALS AND PRODUCT CLAIMS MADE BY GENUINEPURITY
  AND LEH.
2. UNDER
  NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, TORT, AND
  CONTRACT, SHALL GENUINEPURITY OR LEH, THEIR SUPPLIERS, AGENTS, DIRECTORS,
  OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, SUCCESSORS, OR ASSIGNS
  BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
  SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF GENUINEPURITY OR LEH HAS
  BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING
  FROM THE PRODUCTS' EFFICACY OR SAFETY, PROMOTIONAL ACTIVITIES,
  TRANSACTIONS, ADVERTISING MATERIAL, OR THE USE OF OR INABILITY TO USE THE
  GENUINEPURITY OR LEH WEBSITES OR ANY LINKS OR ITEMS ON THE WEBSITES OR
  ANY PROVISION OF THIS AGREEMENT OR THE GENUINEPURITY AFFILIATE PROGRAM,
  SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST
  BUSINESS, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL,
  HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS.
Assignment.
1. The
  Agreement is specific to the Affiliate and/or Network, and neither shall
  assign, sub-contract, delegate, sell, transfer, mortgage, charge, place
  in trust, nor dispose of any of its rights or obligations under the
  Agreement, unless permitted in writing by an authorized officer of GenuinePurity.
2. GenuinePurity
  shall have the right to assign, sub-contract, delegate, sell, transfer,
  mortgage, charge, place in trust, or dispose of any of its rights or
  obligations under the Agreement.
Your
Relationship with GenuinePurity
1. Affiliates/Networks
  are independent contractors of GenuinePurity.
2. Nothing
  in the Agreement is intended or will be construed as constituting a
  partnership, agency, franchise, sales representation, employment, or
  joint venture relationship between GenuinePurity and the
  Affiliates/Networks.
3. Affiliates/Networks
  are not authorized to incur any debt, expense, obligation, or open any
  checking account on behalf of, for, or in the name of GenuinePurity.
4. Affiliates/Networks
  are not authorized to enter into or commit GenuinePurity to any
  agreements, and shall not represent themselves as having such authority.
5. Each
  Affiliate/Network shall be solely responsible for paying all expenses
  s/he/it incurs.
6. Affiliates/Networks
  are solely responsible for paying all taxes on their Commissions.
7. No
  third party shall have the right to enforce any Terms between the
  parties.
8. While
  Affiliates/Networks are independent of GenuinePurity, and while
  Affiliates/Networks are to use Product descriptions that reflect their
  genuine opinions, Affiliates/Networks shall nevertheless disclose clearly
  on their websites that they have an Affiliate relationship with GenuinePurity.
Confidentiality
1. All
  information conveyed to you by GenuinePurity or by administrators of the GenuinePurity
  program in furtherance of your Affiliate work, shall be kept confidential
  by you from all third parties, except:
  1. to
    the extent directly necessary to carry out Promotional Activities, and
  2. to
    the extent necessary to comply with an order of disclosure from officers
    of the law, a court of competent jurisdiction, or a government
    regulatory authority.
    1. In
      such an instance, you shall first notify GenuinePurity of the order of
      disclosure, and shall cooperate with GenuinePurity in the event that GenuinePurity
      elects to legally contest and avoid such disclosure.
2. The
  Link and the login and password to enable the Affiliate to access the
  Affiliate resource area provided by GenuinePurity are confidential and
  the Affiliate/Network shall effect and maintain reasonable measures to
  safeguard them from access or use by unauthorized persons.
3. The
  Affiliate/Network shall return to GenuinePurity or, if instructed by GenuinePurity,
  shall destroy, all Confidential Information that is embodied in tangible
  or visible form, including all copies thereof.
4. The
  obligation of confidentiality shall continue and survive the Agreement
  for a period of five (5) years.
Entire
Agreement
1. This
  Agreement, in its current form and as amended by GenuinePurity at its
  discretion, constitutes the entire agreement between the parties.
  1. It
    supersedes any prior written or oral agreement between GenuinePurity and
    you.
2. Any
  promises, representations, warranties, usages, offers, customs, courses
  of dealing, or other communications are of no force or effect.
Waiver
1. No
  waiver by a party hereto of any breach of the Agreement shall be
  considered as a waiver of any subsequent breach of the same provision or
  any other provision.
2. Any
  waiver shall be in writing and signed by an authorized officer of GenuinePurity.
Cooperation
1. Each
  party shall from time to time, at the other party's request and cost, do
  all such acts and execute all such documents and/or deeds that may be
  reasonably necessary in order to give effect to the provisions of the
  Agreement.
Amendments
1. GenuinePurity
  may amend the Terms at any time.
2. Any
  and all amendments shall become effective upon GenuinePurity's posting of
  the amendment(s) on the GenuinePurity Website(s).
3. If
  notice of amendment is transmitted to Affiliates/Networks, it will be
  sent to them at the e-mail address on file with GenuinePurity for each
  Affiliate/Network, and in no other manner.
4. Notice
  may consist in an advisory to review the Agreement, rather than in a
  transmission of the actual amendment.
5. Your
  continued participation in the GenuinePurity program signifies your full
  acceptance of any and all amendments.
Validity
1. If
  any part of the Agreement is held to be void and/or unenforceable, the
  remainder of the Agreement shall remain in full force and effect.
2. The
  parties agree that in the event of any such deletion, they shall
  negotiate in good faith in order to agree to terms of an enforceable
  obligation that is as close as possible to achieving the commercial aim
  of the deleted part.
3. The
  failure of the parties to agree such a replacement provision shall not
  affect the validity of the remaining part of this Agreement.
Expenses
1. Each
  party to the Agreement shall be responsible for paying its own costs and
  expenses incurred in connection with the negotiation, preparation, and
  execution of this Agreement.
Force
Majeure
1. Neither
  party to the Agreement shall be liable to the other for loss, damage,
  detention, delay or failure to deliver and/or perform all or any part of
  its obligations under this Agreement as a result of a war, acts of God,
  fires, strikes, lock-outs, insurrections, riots, embargoes,
  unavailability of raw materials, wrecks or other delays in
  transportation, legal requirements, or regulations of any governmental
  authority.
Headings
1. The
  headings used in the Agreement shall not be used for the construction or
  interpretation of the Agreement.
Survival
1. Following
  the expiry or termination of this Agreement, whether by its terms,
  operation of law, or otherwise, the Terms set forth, as well as any term,
  provision, or condition required for the interpretation of the Agreement
  or necessary for the full observation and performance by each party
  hereto of all rights and obligations arising prior to the date of
  termination, shall survive such expiry or termination.
Construction
and Interpretation
1. The
  parties hereto agree that no provision of the Agreement shall be
  construed against a party to the Agreement on the grounds that any
  provision(s) was/were purportedly prepared by a certain party or its
  attorney.
Dispute
Resolution
1. The
  parties hereto agree that they will first attempt to resolve any dispute
  or controversy between them by informal, direct, and good-faith
  discussions.
2. If
  such discussions do not resolve the matter, then the parties shall
  attempt to resolve the dispute or controversy (except as otherwise
  provided for herein) by means of mediation, at an office of the ADR
  Institute of Canada (“ADRIC”) in Victoria, Canada or, if the parties
  agree, through ADRIC via online sessions, conducted in accordance with
  the rules of ADRIC then in effect.
3. If
  the services of ADRIC are not available or reasonably practicable, then
  the parties shall avail themselves of the services of the ADR Chambers of
  Canada (“the Chambers”) by means of mediation, at an office of the
  Chambers in Victoria, Canada or, if the parties agree, through the
  Chambers via online sessions, conducted in accordance with the rules
  of the Chambers then in effect.
4. If
  mediation fails, then the parties shall resort to binding arbitration
  through ADRIC in the manner described above, conducted in accordance with
  the rules of ADRIC then in effect, or if the services of ADRIC are not
  available or reasonably practicable, then through the Chambers,
  and if the parties agree, through online sessions, resorting first
  to ADRIC and then to the Chambers, conducted in accordance with the
  rules of ADRIC or the Chambers then in effect.
5. The
  mediation and/or arbitration shall be limited solely to the dispute or
  controversy between you and GenuinePurity and/or LEH, meaning that the
  mediation and/or arbitration, or any portion of it, shall not be
  consolidated with any other mediation and/or arbitration, and shall not
  be conducted on a class-wide or class action basis.
6. Further,
  we both waive the right to mediate or arbitrate any claim as a
  representative of a class or in a private attorney general capacity, and
  we both waive the right to participate in any manner in a class action
  either in a court of law or in mediation or arbitration against each
  other.
7. The
  language of every mediation and/or arbitration shall be English, and
  there shall be one (1) mediator or arbitrator, as applicable.
8. The
  ruling of the arbitrator may be submitted for enforcement, if deemed
  necessary by either party, to a court of competent jurisdiction in
  Canada, the United States, or any other pertinent
  jurisdiction.
9. The
  above-prescribed methods for dispute resolution shall in perpetuity
  survive the expiry or termination of the Agreement.

GenuinePurity

Program Terms