Clear Probiotics, LLC Affiliate Program Terms and Conditions This Clear Probiotics Affiliate Program Terms and Conditions (the “Agreement”) sets forth the terms and conditions for participants in the Clear Probiotics Affiliate Program, for itself and on behalf of its Affiliates. BY SIGNING THIS AGREEMENT, YOU (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) (“YOU” OR “AFFILIATE”) AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.1.RECITALS
A. Clear Probiotics is an ecommerce store that sells wellness supplements for consumers.
B. From time to time, the market for Clear Probiotics products and services incentivizes an indirect channel of sale.
C. Clear Probiotics desires to unite motivated potential customers with digital promotions to facilitate a personal and direct approach to the distribution of Clear Probiotics products.
D. AFFILIATE is a solution provider that wishes to satisfy the Clear Probiotics market by being incentivized to perform limited targeted marketing within their respective networks and audiences in order to drive customer traffic accordingly. Therefore, Clear Probiotics and AFFILIATE hereby agree to the Clear Probiotics Affiliate terms and conditions described in this Agreement, which incorporates Clear Probiotics’ Terms and Conditions.
As a/an Clear Probiotics Affiliate, you will be granted a unique URL and/or discount code/coupon code and a limited authorization to (within guidelines defined by Clear Probiotics) market Clear Probiotics products on your personal channels.
GENERAL PROVISIONS
2.1 Affiliates will use their own spheres of influence (website, blog, email newsletter, social media platforms) to help share Clear Probiotics, and may not place their own links/coupon codes on any of Clear Probiotics’s paid or organic promotional material.
2.2 Affiliates may not use any paid traffic channels (e.g.Meta Ads, YouTube ads, etc.) unless given expressed permission from the Clear Probiotics Affiliate Manager.
2.3 Affiliates may not use Clear Probiotics brand name (Clear Probiotics) in URLs, social media page names / handles / profiles, set up accounts which appear to be an official Clear Probiotics account, or in any way pretend to be a representative from Clear Probiotics.
2.4 Affiliates may not run incentive traffic to our site, nor advertise coupon codes on coupon discount websites, unless given expressed permission from the Clear Probiotics Affiliate Manager
2.5 Affiliates will be paid via PayPal with $100+ in commission (Commissions are not provided for shipping costs, or tax). These monthly payments will be issued by the 15th of the following month.
2.6 Clear Probiotics reserves the right to remove coupon codes that are found to be violating these terms, and reserves the right to remove Affiliates from the program, without notice, if they are not representing the Clear Probiotics brand in a professional, ethical, & respectful way.
2.7 We reserve the right to update terms and conditions and will notify all affiliates on their respective Clear Probiotics Affiliate Account Dashboard. It is your responsibility to ensure that you are operating within them.
CONDUCT OF BUSINESS
3.1 Conduct of Business. AFFILIATE agrees:
3.2 To interact with people on behalf of Clear Probiotics in a manner which reflects favorably at all times on the products, services, goodwill and reputation of Clear Probiotics;
3.3 To remain in full compliance with all applicable laws and Regulations; including those governing privacy.
3.4 To conduct business and operate in full compliance with all agreements you may have with Clear Probiotics;
3.5 Not engage in deceptive, misleading or unethical practices including but not limited to ‘spamming’ unauthorized use of customer information, ‘phishing’, and violating ‘do not contact’ requests.
3.6 Not to make any statements, representations, warranties, or guarantees that are inconsistent with this Agreement or the policies established by Clear Probiotics;
3.7 To provide support and services of the highest quality and integrity; and
3.8 To use best efforts to resolve any complaints or disputes with contacts regarding the Affiliate, and services under the Program in a fair and timely manner.
3.9 To only conduct business in or through the Affiliate’s personal network, and take reasonable precautions to safeguard their discount code against unauthorized distribution.
TERM AND TERMINATION
4.1 Term. This Agreement shall be effective upon Affiliate’s acceptance as indicated by Affiliate’s agreement to participate in the Clear Probiotics Affiliate Program, and shall remain in effect for so long as the Affiliate is in full compliance with the terms of the Agreement, until the relationship is terminated by Clear Probiotics, or the Affiliate leaves the program voluntarily.
4.2 Termination.
4.2.1 Clear Probiotics may terminate this Agreement for cause immediately and without further notice in the event that: (i) Affiliate fails to perform any of Affiliate’s obligations under this Agreement or is otherwise in default hereunder; (ii) Clear Probiotics, in its sole discretion, determines that the Affiliate does not meet the Program criteria for participants as determined by Clear Probiotics from time to time; or (iii) any conduct or proposed conduct of the Affiliate exposes or threatens to expose Clear Probiotics to any liability or obligation, including any obligation under federal, state or local law.
4.2.2 Participation in this program is voluntary, and either party may terminate this Agreement upon notification to the other. Termination is effective immediately days following notification by either party.
4.3 Effect of Termination. Upon expiration or termination of this Agreement, regardless of the reason therefore: (i) all privileges and benefits of the Program will be immediately revoked; (ii) Affiliate shall immediately cease use of all Clear Probiotics marketing material and discount/coupon codes, copyrights and all Program systems access; (iii) Should this Agreement be terminated by Clear Probiotics for cause including, but not limited to violations of this agreement, violation of any laws or regulations governing this program or sufficiently severe damage to Clear Probiotics’ reputation or ethical standing shall forfeit any commissions not paid out at the time of termination.
ARBITRATION
5.1 Arbitration: Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by binding arbitration administered by a single neutral arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration hearing and all proceedings in connection therewith shall take place in a city and state defined by Clear Probiotics. The arbitration shall be conducted by one arbitrator, selected by both the parties or, if they are unable to agree on the selection, a practicing attorney or retired judge with at least ten years total working experience as such. The arbitration hearing shall be commenced within 90 days of the filing of a Demand for Arbitration by either party, and the award shall be rendered within 30 days of the conclusion of such hearing.
