Back Science Affiliate Terms and Conditions
This agreement is between you and/or the company you represent as the affiliate and Relief-Mart, Inc., the owner of the Back Science brand and www.BackScience.com website. To be an authorized affiliate of the BackScience.com site through our company Relief-Mart, Inc., you as either an individual or as a duly authorized signer on behalf of your company, agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the BackScience.com service as an affiliate. By signing up for the Relief-Mart, Inc. BackScience.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
Each affiliate is granted the rights to use our trademarks for content on their website or email content, however, unless expressly agreed to in writing for your special circumstances, we do not allow affiliates to purchase keywords through pay per click or any other advertising means that contain our trademarks (i.e. Back Science, Relief-Mart, Kool-Flow, etc...as well as no hyphen variations) and consequently will void all commissions that occur as a result of this. This would also be cause for termination from our affiliate program. We are looking for real affiliate relationships that offer a mutual benefit to both parities, not just a way to capitalize on our trade names. Therefore, we also require all affiliates to promote our products by showing our product(s) on their home page, along with featuring the benefits of our product(s) or by offering up a page that reviews the features and benefits of our products using original content that is more than 400 words and is directly linked in from their home page. In the event that these terms are not met, we will void the sale. This also means that pure coupon type of sites will be rejected and sales will be voided and we will discontinue the affiliate relationship.
1. Approval or Rejection of the Application We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Commissions Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 120-days. You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out or will be deducted from the next payment. Your commission schedule is as follows:
- An earn out is achieved in the amount of your set flat rate commission per each completed sale subject to this agreement for the Back Science mattress that came as your direct referral or a percentage commission on any completed sales subject to this agreement for the Back Science products that came as your direct referral.
3. Guidelines for Affiliate Promotions Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
•Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
•Spamming (mass email, mass newsgroup posting, etc.).
•Advertising on sites containing or promoting illegal activities.
•Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.•Incorrect or inappropriate use Relief-Mart, Inc. intellectual property rights. Relief-Mart, Inc. only allows use of their trademark, patent and other intellectual property to promote products on the BackScience.com site.
•Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with BackScience.com, however, is acceptable.
•Self referrals, fraudulent transactions, suspected Affiliate fraud.
•Any implications that the affiliate is acting on behalf of Relief-Mart, Inc. and/or BackScience.com.
•Bidding and/or Purchasing of Relief-Mart, Inc. trademark terms via pay per click or other similar type of electronic advertising.
•In addition to the foregoing, BackScience.com reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links You may use graphic and text links both on your website and within in your email messages. You may also advertise the BackScience.com site in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Liability BackScience.com will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by BackScience.com. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
6. Term of the Agreement The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change. We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.
7. Indemnification Affiliate shall indemnify and hold harmless Relief-Mart, Inc. and BackScience.com and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Relief-Mart, Inc. to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
8. Governing Law, Jurisdiction, and Attorney Fees This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
9. Electronic Signatures Effective The Agreement is an electronic contract that sets out the legally binding terms of your participation in the BackScience.com affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the ShareASale and/or Relief-Mart, Inc. BackScience.com application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Please email us if you have any questions or write to our address below:
Relief-Mart, Inc. Attention: Rick Swartzburg 28505 Canwood St., Ste. CAgoura Hills, CA 91301 rs@reliefmart.com.
