Updated: July, 2023
By signing up to be an Affiliate in the LEAN Nutraceuticals leanshoppe.com Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
LEAN Nutraceuticals leanshoppe.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Referral Links and Coupon Codes
Once you have signed up for the Affiliate Program, you will be assigned a unique Referral Link and a Coupon Code. You can modify the link and the code and share them with your customers, followers and friends.
You are permitted to place links, banners, or other graphics we provide with your Coupon Code on your site and social medias, in your emails, or in other communications. We will provide you with guidelines and marketing tools of graphical artworks to use. We may change the design and dimensions of the artworks at any time without notice.
Referral Fees/Commissions and Payment
For a Product sale to be eligible to earn a referral fee/commission, the customer must click-through your Referral Link or use your Coupon Code and complete an order for purchasing products during that session.
Referral links and coupon codes of affiliates are automatically tracked and reported by our systems and we only pay commissions on orders generated through these links and codes which are tracked by our systems properly. We will not pay commissions if someone says they purchased or someone says they entered a coupon code if it was not tracked by our system.
Commissions are paid for all orders generated through referral links and coupon codes tacked by our systems, but discounts to your customers only apply to new customers and can be used only once per customer.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Identifying yourself as a LEAN Nutraceuticals leanshoppe.com Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of LEAN Nutraceuticals leanshoppe.com or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your referral links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Payment Terms and Method
Payment terms is net 21 days after a customer places orders through your referral link or use your coupon code successfully. Payment method is PayPal.
Customers who buy products through this Affiliate Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and social medias and for all materials that appear on them. For example, you will be solely responsible for:
- The technical operation of your site and social medias
- Ensuring the display of Referral Links and Coupon Codes on your site and social medias does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site and social medias)
- The accuracy, truth, and appropriateness of materials posted on your site and social medias (including, among other things, all Product-related materials and any information you include within or associate with Referral Links and Coupon codes)
- Ensuring that materials posted on your site and social medias do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site and social medias are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to leanshoppe.com, and all of our 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. LEAN Nutraceuticals leanshoppe.com reserves the right to end the Program at any time. Upon program termination, we will pay any outstanding earnings accrued.
LEAN Nutraceuticals leanshoppe.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other LEAN Nutraceuticals leanshoppe.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. LEAN Nutraceuticals leanshoppe.com reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site, social medias or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the LEAN Nutraceuticals leanshoppe.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB 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.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any American court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of New Jersey, United States of America, notwithstanding any principles of conflicts of law, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be 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.
The failure of LEAN Nutraceuticals leanshoppe.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LEAN Nutraceuticals leanshoppe.com and govern your use of the Service, superseding any prior agreements between you and LEAN Nutraceuticals leanshoppe.com (including, but not limited to, any prior versions of the Terms of Service). LEAN Nutraceuticals leanshoppe.com may revise these Terms of Service at any time by updating this posting.
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