BY CLICKING THE "I ACCEPT" BOX DISPLAYED AS PART OF THE BRAINMD HEALTH AFFILIATE APPLICATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ANY OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED AND HAVE BEEN GIVEN ALL NECESSARY LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE PROGRAM. THE "EFFECTIVE DATE" OF YOUR STATUS AS AN AFFILIATE SHALL BE THE DATE THAT BRAINMD HEALTH NOTIFIES YOU IN WRITING (SUCH WRITTEN NOTICE MAY BE VIA EMAIL) THAT YOU HAVE BEEN ACCEPTED INTO THE PROGRAM.
This Agreement governs Affiliate’s enrollment and participation in the BrainMD Health Affiliate Program ("the Program"). You represent that you have read and understand all of the provisions of this Agreement. You must accept this Agreement before you can participate in the Program. You agree that this Agreement is the complete and exclusive statement of our Agreement relating to the Program and supersedes all prior agreements and other communications relating to the program.
o Application
All affiliates must submit an enrollment application. Approval/denial of application is subject to the discretion of BrainMD Health. Some campaigns may have multiple commission tiers. Promotion/demotion from one tier to another commission tier within a campaign is subject to the discretion of BrainMD Health. Affiliates have the option to cancel membership at any time. BrainMD Health has the right to cancel an affiliate’s membership at any time, for reasons relating to, but not limited to, fraudulent orders, inactivity, and brand violations. Once an affiliate application has been approved into the program, approval into campaigns may happen as a secondary process.
Approval/denial into campaigns is subject to the discretion of BrainMD Health. Campaigns may run separately of each other. Approval/denial/removal from one campaign may not affect the status of the Affiliate in another campaign.
o Commissions
Commission rates must be approved by BrainMD Health. Commissions vary by campaign and will be clearly stated in campaign details. Some commissions may be calculated based on a percentage of sales; these commissions are calculated as a percentage of the order total after discount. Commissions are only paid for sales shipped within the United States.
o Program Changes
BrainMD Health reserves the right to make changes to the Affiliate Program and/or any of its campaigns without prior notice. Changes in commission will be announced to all affected affiliates. This communication can take place at any time prior to or at the start of commission change.
o Licensing and Disclaimers
BrainMD Health recommends that all professionals investigate all local, state, federal, and licensing boards laws and regulations on affiliate relationships to ensure that any affiliation with BrainMD does not violate any laws or regulations to which they are subject. It is the affiliate's responsibility to properly include and display any necessary information or disclaimers about the affiliate's relationship to BrainMD Health and the sale of products.
o Paid Search
BrainMD Health does not allow bidding on any trademark or brand terms. Please review our list of PPC Keyword Rules and set those as negative keywords.
o Coupon Policy
Affiliates are only permitted to promote exclusive coupon codes extended to them on the websites or social channels associated with their individual affiliate account. Any exclusive coupon codes found posted on any other websites or channels will be subject to immediate removal and any commissions earned as a result of such coupons will be subject to reversal.
o General Licensing & Liability
Upon approval of affiliate application, BrainMD Health grants Affiliate limited license to use trademarks, logos, and related images as provided through the affiliate campaign program. Upon cancellation of membership, either by BrainMD Health or by Affiliate, BrainMD Health revokes the license to use trademarks, logos, and related images. The Affiliate shall not alter, modify, or otherwise change any marketing materials provided to Affiliate through the affiliate campaign program. Intellectual property provided to Affiliate through this program will remain the sole and exclusive property of BrainMD Health and its licensors. BrainMD Health shall not be held liable for any claims or violations made by Affiliate, regarding Amen Clinics, Inc. and its products or services, not previously provided or approved by BrainMD Health Affiliates acting on behalf of BrainMD Health shall be held liable for any false or inaccurate information, or any information in violation of any laws, including but not limited to, those governing consumer protection or false advertising. Affiliates are prohibited from using any content or licensed material that they do not have written consent to use, and BrainMD Health reserves the right to require an affiliate to remove or modify any content or materials, that are deemed by BrainMD Health to be inappropriate for reasons such as, but not limited to, explicit, vulgar, or violent in nature, illegal or unlawful, inaccurate or misleading.
