ESA Doctors

Last Modified on 10/16/2023

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website www.ESADoctors.com.

Definitions

Client: The user sent to The Company site via affiliate link

Affiliate / You: The publisher advertising links/promotions of The Company

1. Enrollment in the Affiliate Program

First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason.

2. Prohibited Sites/Verbiage

• Sites that promote sexually explicit material or violence.


• Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.


• Sites that promote illegal activities.


• Sites or verbiage making medical claims in regards to our products/services (ie. the curing or recession of an ailment)


• Coupon affiliates are prohibited from this program, we do not utilize coupons.


• Affiliates may never promote a deal, discount, or exclusive offer as ESADoctors does not offer deals or discounts.


• Browser extensions, toolbars and adware are not allowed in the program for any reason.
• Adware is defined as any software that shows an affiliate link on the ESADoctors website or disrupts the shopping experience in any form from offering cashback to injecting a coupon or intercepting a server call.


• Monetization platforms and sub-affiliate networks that do not show where affiliate links are located, which publishers have access to the affiliate links, cloak/hide/redirect referring URLs or provide affiliate links to the types of affiliates that are in violation of the program TOS like coupon websites and browser extensions.


• Websites that build pages to show up for ESA Doctors trademarks and variations including “ESA Doctors coupons”, and “ESA Doctors reviews”. This includes using these phrases in header tags, title tags, the keywords in the URL (url.com/reviews/ESADoctors-coupon). Certain exceptions may be made for “reviews” but no exceptions will be made for end of sale phrases like “ESADoctors coupons” or “ESADoctors discount codes”. If you do not send more non-branded traffic to ESADoctors than branded traffic, we reserve the right to reverse all commissions and terminate the relationship with or without warning, so be careful creating branded pages and reviews.

3. Spam

Affiliate agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company.

For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:

Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.

You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement.

The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room to be spam.

4. Promotion of Our Affiliate Relationship

As an Affiliate Site, we will make available to you Links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

Links:

Subject to the terms below, we will provide you with Links, which will consist of graphic images or text provided by us (and subject to change from time to time in our sole discretion). These Links will connect your site directly to ours. By utilizing these Links, users of your site will be able to order, directly from us, any services that were described or referenced on your site.

Agreements Regarding Links:

In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site. In addition, we encourage (but do not require) you to include a Link to the home page of our site.

5. Revoking the Relationship

Both the Affiliate and the Advertiser reserve the right to dissolve the partnership for any reason at their own discretion with or without notice and all commissions can be voided or reversed without notice at our discretion.

6. PPC Bidding Rules

Paid Search is forbidden for this account without express written permission from the CMO or CEO of the company and it is in writing that all trademarks and modifications of trademarks “review”, “coupon”, “good” are not allowed for any reason.

7. Our Responsibilities

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a client following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

8. Other Responsibilities and Opportunities of Affiliate Sites

If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.

Contests and Promotions:

As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.

Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.

The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.

Compliance with the Agreement:

We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines here:

https://www.federalregister.gov/documents/2023/07/26/2023-14795/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising

Here is a helpful FAQ from the FTC:

https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking

9. Your Responsibilities

You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure guidelines, and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations. FTC disclosures need to be clear and conspicuous on your site. For additional information on expectations around FTC disclosure please visit

https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking#affiliate

To make a disclosure “clear and conspicuous,” the Affiliate should use clear and unambiguous language as well as make the disclosure stand out. Clients should be able to notice the disclosure easily. They should not have to look for it. In general, disclosures should be:

• Close to the claims to which they relate;
  
• In a font that is easy to read;


• In a shade that stands out against the background;


• For video ads, on the screen long enough to be noticed, read, and understood;


• For audio disclosures, read at a cadence that is easy for consumers to follow and in words consumers will understand;


• Disclosures must appear before the first affiliate link on the page and before an affiliate link shared on social media.

A disclosure that is made in both audio and video is more likely to be noticed by consumers. Disclosures should not be hidden or buried in footnotes, in blocks of text people are not likely to read, or in hyperlinks. If disclosures are hard to find, tough to understand, fleeting, or buried in unrelated details, or if other elements in the ad or message obscure or distract from the disclosures, they don’t meet the “clear and conspicuous” standard.

If you do reviews and you make it appear you have purchased or used the services, you must be able to prove that you are an ESA Doctors customer. If you have not used ESA Doctors, please disclose your review is not based on direct experience, but instead using third party information.

10. Policies and Pricing

Clients who buy The Company’s services through the Affiliate Program will be deemed to be clients of The Company. Accordingly, all of our rules, policies, and operating procedures concerning client orders, client service, and sales will apply to those clients. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our services sold under the Affiliate Program in accordance with our own pricing policies. Our prices and service availability may vary from time to time. Because price changes may affect services that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.

Clients sent to The Company must be the end user of the product/service.

11. Publicity

You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

12. Licenses and Use of the The Company’s logos and Trademarks

WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING SERVICES ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.

You shall not make any specific use of any Licensed Materials for purposes other than selling services on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.

13. Promotion through Google Shopping / Product Listing Ads are not allowed unless express permission is provided.

14. Affiliate Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; (iii) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are our affiliate on any website(s) you own where you make an affiliate link available); (iv) you will not purchase ads that direct to your site(s) or through an affiliate link that could be considered as competing with The Company’s own advertising, including, but not limited to, our branded keywords; (v) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (vi) you will not attempt to mask the referring URL information; (vii) you will not use your own affiliate link to purchase The Company’s services for yourself; and (viii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.

15. Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, contractors, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, or (b) your noncompliance with or breach of this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

16. Disclaimers; Limitations of Liability

Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF OUR PRODUCTS AND SERVICES OR THE AFFILIATE PROGRAM FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND LINKS MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, OUR PRODUCTS AND SERVICES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO OUR PRODUCTS AND SERVICES AND THE LINKS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE PROGRAM HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, WE SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

17. General

Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. The updated Agreement will become effective and binding on the next business day after we have notified you.

When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

Applicable Law. This Agreement shall be governed by the laws of Texas, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Travis County, Texas.

Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

Compliance with Applicable Laws. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public.

Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.

To The Company: admin@esadoctors.com

To you: your address as provided in our affiliate account information for you.

We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’.