|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Base commission||10.00% Product specific|
|Additional terms||OFFER APPLIES TO FOOD INTOLERANCE TESTING ONLY (HAIR TEST) Excludes any other supplements, products, or testing.|
WE TEST HAIR. IT'S MORE ACCURATE.
Hair Intolerance Testing BY Modern Allergy Management
Our mission is to provide you with an effective, cost efficient way for you to control your intolerances and sensitivities. We are dedicated to providing you the highest quality testing and unique treatment programs available today. All available from your home.
Discover Your Body -- HAIR TESTING FOR INTOLERANCES
We offer broad array of products and services geared to address today’s intolerance care. Our unique tolerance test and natural treatment requires no doctor visit or prescription. A very cost effective approach for you to control your intolerance. We offer the most comprehensive, non-invasive tests available in the world. Using the latest bio-technology, the testing center's safe and speedy procedure uses a sample of your hair which they test to get accurate results for you.
Manage Your Treatment with an easy, practical way to treat intolerances and sensitivites at home.
Our goal is to provide you with the tools for you to improve and maintain your overall health. So that you control your intolerances, condition and wellness.
THIS AFFILIATE PARTNER AGREEMENT (the
"Agreement"), is by and between Modern Allergy Management (hereafter
referred to as "MAM") and YOU (hereafter referred to as
"Affiliate Partner") (sometimes individually referred to as a
"Party" and collectively as "Parties").
WHEREAS, the Affiliate Partner is a marketing
company in the business of providing leads and related products and services,
and MAM is in the business of providing an online intolerance testing and treatment
business to its customers and clients; and
WHEREAS, MAM and the Affiliate Partner have
agreed to create an affiliation between them in which MAM and the Affiliate
Partner will share the revenue created by business through MAM Websites to
leads provided by the Affiliate Partner during the term of this Agreement, the
date of such affiliation being the date of this Agreement, as set forth above.
NOW THEREFORE, toward this end, and in
consideration of the promises, covenants and agreements contained herein, and
the mutual benefits to be derived from this Agreement, the Parties agree as
1. PARTICIPATION IN THE PROGRAM
This agreement governs participation in the Modern
Allergy Management Affiliate program for intolerance testing and treatment.
Affiliate Partnership Program only. Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. You should also note that if you are accepted to participate in the Program and if your Site is thereafter determined (in our sole discretion) to be unsuitable based on the criteria below for the Program, we may terminate this Agreement:
2.1 "Offer" means a specific offer posted by MAM on its Affiliate Partnership Program site located within Shopify.
The terms and conditions of such Offers shall be incorporated into this Agreement.
2.2 "Qualifying Link" means a MAM link from your email or site to Modern Allergy Management site using one of the required URLs or any other URL or graphic link provided by MAM for use in the program. A Qualifying Link or "Linking Materials" shall be defined as hyperlinks, buttons, banners or other user interface established by MAM for your emails or Web site.
2.3 "Qualifying Product Revenues" means revenues derived by us from Product or Membership Sales, less chargebacks, taxes, surcharges and processing fees.
2.4 "Required URLs" means the special URLs specified in an Offer to be used to link from your Emails or Site
to MAM's Site.
2.5 "Site" means a World Wide Web Site and, depending on the context, includes the website that you will link to the MAM Site as identified in your Affiliate Partnership Program.
3. YOUR RESPONSIBILITIES
3.1. You shall only link your Emails & Site to areas within MAM's Site using Required URLs for the Program. You may post as many links to the Required URLs as you like.
3.2. You agree to display MAM Link materials appropriately on your Web site and/or Email and to respect Brian Tracy's trademarks, service marks and other rights in the Link Materials. You will use only these Link materials to link your Web site to MAM's Web site, and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will update to new versions of Link Materials as MAM makes them available or you submit a request for a specific type of Linking Material.
3.3. MAM will not, and is not obligated to, make any representations, warranties or other statements concerning you, your Site, any of your products or services, or your Site policies.
3.4. You will be solely responsible for the development, operation and maintenance of your Site and for all materials that appear on your Site. We disclaim all liability for such materials. You shall indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance and contents of your Site. You are also responsible for notifying us of any malfunctioning of the Required URLs or other problems with your participation in the Program in accordance with the terms of the Offer and this Agreement. MAM will respond in normal course to all concerns upon notification.
3.5. You will (1) not make any representations, warranties or other statements concerning Modern Allergy Management, and (2) protect “Modern Allergy Management” confidential information.
As an approved participant of MAM Affiliate Partnership Program, you may earn commissions for affiliate services in accordance with this Section 4. MAM may change or terminate the provisions of this Section 4 at any time and at MAM’s discretion.
4.1 Indefinitely, following the date of this Agreement, any product sold through MAM website to any client resulting from an Affiliate Partner website lead:
MAM will maintain records in sufficient detail for the purpose of determining the amount of the commission. MAM holds the right to change percentage commission based on individual and product basis. Any product/service returns will be deducted from the commission that is due to
the Affiliate Partner.
4.2. MAM agrees to pay you the commission
specified in this Agreement if MAM sells to a visitor to Modernallergymanagement.com
or modern-allergy-management.myshopify.com site (a "Customer") a
product or service that is the subject of this Agreement and if that Customer
has accessed MAM's site and purchased the product or service via a Qualifying
4.3. MAM shall have the sole right and
responsibility for processing all payment processing and fulfillment of orders
for our Products sold pursuant to this Agreement. You acknowledge that all
agreements relating to sales to Customers shall be between MAM and the
4.4. You acknowledge that your entitlement to
any compensation reported with respect to any tracked or reported activity is
solely a function of the terms of your agreement with MAM and that MAM is
solely responsible for its payment. The fact that a compensation amount is
reported for any tracked activity does not necessarily mean that a payment is
due to you from MAM, since payment may be subject to conditions established by MAM,
including policies regarding order cancellation, returned merchandise, receipt
of pending credit card authorizations and minimums for earned compensation
before payment is made. All determinations of Qualifying Links and the
compensation due to you shall be final and binding.
4.5. All determinations of Qualifying Links
and whether a commission is payable will be made by MAM and will be final and
binding on both parties. Prices for the products will be set solely by MAM in
4.6. Only those who are approved by Brian
Tracy Affiliate Partnership Program at the time of receipt of a Customer
offer(s) will be eligible for payment under this Agreement.
4.7. As an independent contractor, you will be
solely and entirely responsible for any and all taxes and/or other fees or
obligations associated with the receipt of payment under this Agreement.
4.8. The terms and conditions of this Section
4, including the fee amounts, may be changed at any time and for any reason
within MAM's sole discretion.
REFERRAL FEE PAYMENT
Unless otherwise stated in an Offer Addendum,
we will pay you referral fees on a bi-monthly basis. On the 1st and
15th of each month, if either day falls on a weekend then payment
will be on the following Monday, we (or our designee, Refersion) will send you
a check, Paypal or bank transfer for the referral fees earned on Qualifying
Product revenues for that month, less any returns and canceled orders. However,
if the referral fees payable to you for any month are less than $25.00, we will
hold those referral fees until the total amount due is at least $25.00 or (if
earlier) until this Agreement is terminated.
OWNERSHIP, LICENSES AND PAY PER CLICK SEARCH ENGINE POLICY
6.1. Each party owns and shall retain all
right, title and interest in its names, logos, trademarks, service marks, trade
dress, copyrights and proprietary technology, including, without limitation,
those names, logos, trademarks, service marks, trade dress, copyrights and
proprietary technology currently used or which may be developed and/or used by
it in the future.12.2. We grant you a limited, revocable, non-exclusive,
license to use the graphic image and text, which may include our name, logos,
trademarks, service marks (collectively, the "MAM"), designated in
the Offer, only as provided to you through the MAM Affiliate Partnership
Program and solely for the purpose of creating links from your Emails and Site
to our Site pursuant to this Agreement. Except as expressly set forth in this
Agreement or permitted by applicable law, you may not copy, distribute, modify,
reverse engineer, or create derivative works from the same. You may not
sublicense, assign or transfer any such licenses for the use of the same, and
any attempt at such sublicense, assignment or transfer is void. Any prominent
use of the MAM Marks on your Site must be approved by MAM prior to publishing.
We may revoke your license at any time by giving you written notice.
6.2. As a condition to your acceptance and
participation in the Program, you agree not undertake or engage in the
following practices, and any violation of this Section shall be deemed a
material breach of this Agreement:
(a) Use or otherwise incorporate the word
"MAM" or variations or misspellings in the domain name(s) of your
Site(s), on any meta tags of Web pages comprising your Site, or in advertising
or searchable keywords where your ad outranks ours;
(b) Modify or alter MAM’s Site in any way;
(c) Make any representations, either express
or implied, or create an appearance that a visitor to your Site is visiting MAM’s
Site, e.g. "framing" the MAM Site, without MAM’s prior written
(d) "Scrape" or "spider"
the MAM Site or any other MAM website for content (such as images, logos and
Furthermore, upon MAM request, you shall
immediately remove from your Site any Link to our Site which is displayed on a
page which we, in our sole discretion, deem objectionable.
6.3. Pay Per Click Search Engine Placement
Policy: Affiliates ARE NOT permitted to out bid ModernAllergyManagement.com for
placement on any search terms or any variation of our brand trademark, at any
time, in any search engine. These include, but are not limited to:
www modernallergymanagement com
To administer this policy, we will enforce the
- Publishers that violate these rules could be
deactivated from the program immediately.
- Publishers that do not remove their listings
within 2 calendar days could be subject to legal action.
- Publishers that do not follow the correction
policy will be removed from the program immediately and forfeit all commission
6.4. Customers that link from your Email and
Web site to MAM's Web site under this program become MAM’s customers and MAM’s
responsibility for purposes of their business relationship with MAM. MAM Customer lists and other MAM Customer
information are MAM trade secret information.
7.1. The rights and obligations created
hereunder shall continue in full force and effect for one (1) year following
the date of this Agreement and will automatically renew for successive one year
terms unless terminated in writing by either party.
7.2. Either party may terminate this Agreement
at any time, for any reason, by deleting their acceptance of the Offer through [email protected]
upon five (5) days prior written notice of such termination to the other party.
In addition, MAM shall be entitled to terminate this Agreement immediately if
you materially breach or violate any terms or conditions of this Agreement, or
if MAM determines, in its sole discretion, that there are technical, or
operational issues (e.g. interruptions caused by or shifts in online/Internet
technology) that adversely affect the implementation of the Program, or the
orders/referrals were obtained fraudulently, or through misrepresentation, in
which case MAM reserves the right to withhold payment of associated referral
pending an investigation of the suspected fraud or misrepresentation.
Termination of this Agreement shall also terminate any outstanding Offer. However,
all rights to payment, causes of action and any provisions that by their terms
are intended to survive termination, shall survive termination of this
7.3. Upon termination of this Agreement for
any reason, you will immediately cease use of, and remove from your Site, all
links to our Site, and all MAM trademarks, trade dress and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program.
7.4. You are only eligible to earn commissions
on Qualifying Product Revenues occurring during the term of this Agreement, and
referral fees earned through the date of termination will remain payable only
if the related Qualifying Products are not canceled or returned by a Customer.
8.1. You represent and warrant that (a) you
have the authority to enter into this Agreement and sufficient rights to grant
any licenses expressed herein, and (b) any material displayed on your Site will
not: (i) infringe on any third party's copyright, patent, trademark, trade
secret or other proprietary rights or right of publicity or privacy; (ii)
violate any applicable law, statute, ordinance or regulation; (iii) be
defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any
laws regarding unfair competition, anti-discrimination or false advertising;
(vi) promote violence or contain hate speech; (vii) promote discrimination
based on race, age, sex, religion, nationality, sexual orientation or
disability; (viii) contain viruses, Trojan horses, worms, time bombs,
cancelbots or other similar harmful or deleterious programming routines' or
(ix) otherwise constitutes an "unsuitable Site" as determined by
Brian Tracy in accordance with the terms outlined in the Section 1 above titled
"Participation in the Program."
8.2. NEITHER PARTY MAKES ANY REPRESENTATIONS
OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BRIAN TRACY
MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE
PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM OR THAT OUR SITE WILL BE
UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OF
ANY INTERRUPTIONS OR ERRORS.
Each party hereby agrees to indemnify, defend
and hold harmless the other party and its affiliates, directors, officers,
employees and agents, from and against any and all liability, claims, losses,
damages, injuries or expenses (including reasonable attorneys' fees) brought by
a third party, arising out of a breach, or alleged breach, of any of its
representations or obligations herein.
LIMITATION OF LIABILITY
In no event will either party be liable to the
other party for any direct, indirect, special, exemplary, consequential or
incidental damages arising from or related to this Agreement or the Program,
even if informed of the possibility of such damages. Further, neither party's
aggregate liability arising from this Agreement and the Program shall exceed
the total referral fees paid or payable to you under this Agreement.
11.1. No Agency. Each party shall act as an
independent contractor and shall have no authority to obligate or bind the
other in any respect, and nothing in this Agreement (including any Offer) shall
create any partnership, joint ventures, agency, franchise, sales representative
or employment relationship between the parties. Neither party shall make any
statement, whether on their sites or otherwise, that reasonably would contradict
anything in the paragraph.
11.2. Responsibility for Binding Agreement.
You acknowledge that you have read this Agreement and agree to all its terms
and conditions. You understand that we may at any time (directly or indirectly)
solicit Customer referrals on terms that may differ from those contained in
this Agreement or operate Sites that are similar to or compete with your Site.
You have independently evaluated the desirability of participating in the
Program and are not relying on any representation, guarantee, or statement
other than as set forth in this Agreement.
11.3. Jurisdiction; Venue. This Agreement
shall be governed by the laws of the State of Florida, without reference to
rules governing choice of laws and you irrevocably consent to the jurisdiction
of such courts. MAM may freely assign their rights in this Agreement. An
affiliate may not assign affiliate rights in this Agreement.
11.4. Counterparts; Manifestation of Assent.
This Agreement may be agreed to in more than one counterpart, each of which
together shall form one and the same instrument. The parties agree that
execution and manifestation of assent may be achieved in any format convenient
to the parties.
11.5. Severability. The provisions of this
Agreement are independent of and separable from each other, and no provision
shall be affected or rendered invalid or unenforceable by virtue of the fact
that for any reason any other or others of them may be invalid or unenforceable
in whole or in part.
11.6. Assignment. You may not assign this
Agreement, by operation of law or otherwise, without our prior written consent,
which may be withheld in our sole discretion. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and enforceable against
the parties and their respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement will not constitute
a waiver of our right to subsequently enforce such provision or any other
provision of this Agreement.
11.7. Equitable Relief. The parties agree that
any breach of either of the party's obligations regarding trademarks, service
marks or trade names, confidentiality, links or the removal of links, and/or
user data may result in irreparable injury for which there may be no adequate
remedy at law. Therefore, in the event of any breach or threatened breach of a
party's obligations regarding trademarks, service marks or trade names,
confidentiality, links or the removal of links, and/or user data, the aggrieved
party will be entitled to seek equitable relief in addition to its other
available legal remedies in a court of competent jurisdiction.
11.8. Obligation to Mediate in Good Faith.
Except as provided in this Section 11.7, before either party initiates a
lawsuit against the other relating to this Agreement, the parties agree to
mediate all disputes and claims arising out of or relating to this Agreement,
the parties' performance under it, or its breach. To this end, either party may
request, after informal discussions have failed to resolve a dispute or claim,
that each party designate an officer or other management employee with
authority to bind the party to meet in good faith and attempt to resolve the
dispute or claim through mediation. During their discussions, each party will
honor the other's reasonable requests for information that is not privileged
and relates to the dispute or claim. This Section does not apply (i) should the
expiration of the statute of limitations for a cause of action be imminent, or
(ii) if a party is seeking an injunction pursuant to Section 11.8.
11.9. Force Majeure. You acknowledge that MAM’s
servers, equipment, and services (e.g. tracking and reporting) may be subject
to temporary modifications or shutdowns due to causes beyond MAM’s reasonable
control. Such temporary service interruptions will not constitute a material
breach of this Agreement.MAM will use commercially reasonable efforts to
provide the services contemplated under this Agreement and to remedy any
temporary interruptions or other problems that adversely affect the Program.
11.10. Attorneys' Fees. In the event any
action is commenced to construe or enforce any provision of this Agreement, the
prevailing party, in addition to all other amounts such party is be entitled to
receive from the other party, will be entitled to receive its reasonable
attorneys' fees and costs incurred in bringing such action.
11.11. Survival. Sections 7 (Termination), 9
(Indemnification), 10 (Limitation of Liability), and 11 (General), including
all subsections thereof, shall survive the termination of this Agreement.
11.12. Modifications. We may modify any of the
terms and conditions contained in this Agreement, at any time and in our sole
discretion, by posting a change notice or a new agreement on the MAM Affiliate
Partner Site and giving you notice of the modification through Refersion.
Modifications may include, for example, changes in the scope of available
referral fees, referral fee schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR
SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.