Website Affiliate Program Agreement
This Website Affiliate Program Agreement (the "Agreement") is between Ionlife Inc. (IonLife) and its partners, distributors and assigns (collectively "IonLife " or "We") and you (referred to as an
"Affiliate" or "You") regarding Your participation in the IonLife Affiliate Program (the "Program").
1. Definitions.
(a) "Affiliate Site" refers to any site on which you place links to the IonLife Site or identify in your Program application.
(b) "Affiliate Link" means the unique URL provided by IonLife to be
used to link from the Affiliate Site to the IonLife Site.
(c) "Products" means any item offered for sale on the Ionlife Site.
(d) "IonLife Site" means the website located at the URL:
www.ionizers.org .
2. Acceptance. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IONLIFE INC.
BY COMPLETING THE AFFILIATE APPLICATION FORM YOU ARE AFFIRMATIVELY AGREEING THAT
YOU HAVE READ AND UNDERSTAND THE TERMS CONTAINED IN THIS AGREEMENT AND ACCEPT
ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION.
3. Enrollment in the Program. To become an Affiliate, submit a completed
Affiliate Application to IonLife using the email address provided
on the application. IonLife reserves the right in its sole discretion
to accept or reject Your Affiliate Application or an Affiliate Site
that IonLife deems in its sole discretion is not suitable for the
Program for any reason, including, but not limited to, websites that: (a)
promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age; (b) promote illegal activities; (c) promote
violence; (d) promote sexually explicit materials; or (e) promote materials or
services that violate intellectual property rights (collectively "Site
Restrictions"). You agree to comply with all applicable federal, state and local
laws and regulations in connection with the operation, promotion and content of
your Affiliate Site. We have the right in our sole discretion to monitor Your
Affiliate Site at any time and from time to time to determine if you are in
compliance with the terms of this Agreement.
4. Termination. IonLife reserves the right to immediately terminate
this Agreement and your affiliate status if We determine that an Affiliate Site
owned or controlled by You later violates any of the above Site Restrictions or
if You otherwise violate any portion of this Agreement. If this Agreement is
terminated because You have violated the terms of this Agreement or one of your
Affiliate Sites becomes subject to the Site Restrictions set forth in Section 3,
you will no longer be eligible to receive any commission payments, even for
commissions earned prior to the date of termination. If this Agreement is
terminated for any other reason, you are only eligible to earn commissions on
sales occurring during the term of the Agreement, and commissions earned through
the date of termination will remain payable only if the related orders are not
canceled or returned. We reserve the right to withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
5. Licenses.
(a) Upon IonLife accepting Your Affiliate Application, IonLife hereby grants
You a nonexclusive, non-transferable, revocable right to use the graphic image
and text described herein and such other text or images for which we grant
express permission (the "Licensed Materials"), solely for the
purpose of identifying an Affiliate Site as a Program affiliate and to assist in
generating Product sales. You may not modify the graphic image or text, or any
other of our images, in any way, without getting prior permission from IonLife.
IonLife reserves all of its rights, title and interest in and to all copyrightable
content (including without limitation all artwork, graphics, sound, video, text),
trademarks, trade names, and all other intellectual property rights. You are only
entitled to use the Licensed Materials to the extent that you are an Affiliate in good standing.
(b) Upon IonLife accepting Your Affiliate Application, You hereby
grant to IonLife a non-exclusive license to utilize your names,
titles and logos, trademarks (collectively the "Affiliate Trademarks"), to
advertise, market, promote and publicize in any manner our rights hereunder.
Notwithstanding anything herein to the contrary, IonLife shall not
be required to so advertise, market, promote or publicize. You hereby represent
and warrant that you are the sole and exclusive owner of the Affiliate
Trademarks and have the right and power to grant to us the license to use same
in the manner contemplated herein, and such grant does not or will not (i)
breach, conflict with or constitute a default under any agreement or other
instrument applicable to you or binding upon you, or (ii) infringe upon any
trademark, trade name, service mark, copyright, or other proprietary right of
any other person or entity.
6. Utilizing Affiliate Links and Buttons on an Affiliate Site. Upon IonLife
accepting your Affiliate Application, We will provide you with access
to banners, button links and/or text links that employ a unique URL to be used
to link to the Side Effects Site, which You may display on an Affiliate Site,
subject to the terms of this Agreement.
7. Order Processing. We will process Product orders placed by customers who
follow Your Affiliate Link or who directly access the ionLife Site via Your
unique Affiliate URL. IonLife will be responsible for all aspects
of order processing and fulfillment, including, among other things, order entry,
payment processing, shipping, cancellations, returns, and related customer
service.
8. Referral Fees. ionLife will pay you referral fees equal to [10% to 20%]
of the Net Sales (as defined below) to IonLife from customers who
purchase Products by (a) linking directly to the ionLife Site via Your
Affiliate URL; and (b) making a purchase. ionLife shall be entitled
to deduct amounts collected by IonLife for sales taxes, duties,
shipping, handling, credit card fraud, bad debts and credits for returned goods
and similar charges ("Net Sales"). IonLife reserves the right to
use cookies or similar means to track sales made by customers that link from an
Affiliate Site. No referral fee will be paid if the customer cannot be tracked
by our system. For a sale to generate a referral fee, the customer must follow
the Affiliate Link from Your Affiliate Site to the Side Effects Site, purchase
the product or products in question using our IonLife online
ordering system, accept delivery of the item at the shipping destination, and
remit full payment to IonLife.
9. Payment Terms. We will pay you referral fees on a quarterly basis in the form
of a check or via PayPal.com. If Products generating a commission or a fee are
returned by the customer, IonLife will deduct the corresponding
referral fee from your next monthly payment or send you a bill for the fee,
payable upon receipt.
10. Policies and Pricing. Customers who buy products through the Program shall
be deemed to be customers of IonLife. All IonLife prices, rules, policies,
and operating procedures concerning customer orders,
customer service, and product sales will apply to those customers. IonLife
may change such prices, rules, policies and operating procedures at any
time for any reason in IonLife's sole and absolute discretion. We
will use commercially reasonable efforts to present accurate information, but we
cannot guarantee the availability or price of any particular product.
11. Customer Privacy. ionLife reserves the right to collect
information from customers about customer tastes and preferences, and to use
such information in connection with any online or offline offering or any
electronic mail offering directed to a customer.
12. Responsibility for Your Affiliate Site. You will be solely responsible for
the development, operation and maintenance of Your Affiliate Site and for all
materials that appear on Your Affiliate Site. IonLife shall have no
responsibility for the development, operation and/or maintenance of any
Affiliate Site. You shall also be responsible for ensuring that materials posted
on Your Affiliate Site do not violate or infringe upon the rights of any third
party (including, without limitation, copyrights, trademarks, privacy, or other
personal or proprietary rights), and ensuring that such materials are not
libelous or otherwise illegal. We will not be responsible if you use another
party's copyrighted or other proprietary material in violation of any applicable
law, rule, regulation, order judgment or decree.
13. Modification. We may modify any terms or conditions contained in this
Agreement, at any time and in our sole discretion. Modification to any terms or
conditions contained in this Agreement shall become effective once they are
posted on the Side Effects Site or emailed to you, either of which shall be
deemed sufficient notice to You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE AFFILIATE PROGRAM, FOLLOWING IONLIFE’S POSTING OF A CHANGE OR
MODIFICATION ON THE SIDE EFFECTS SITE, SHALL CONSTITUTE BINDING ACCEPTANCE OF
THE CHANGE.
14. 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 Affiliate Site or otherwise,
that reasonably would contradict anything in this Section.
15. Limitation 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.
16. Disclaimer of Warranties. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE
PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OR FITNESS, MERCHANTABILITY,
NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF
PERFORMANCE, DEALING, OR TRADE USAGE). Furthermore, IonLife does
not represent or warrant that the operation of the IonLife Site will be
uninterrupted or error-free, and we will not be liable for the consequences of
any interruptions or errors.
17. Indemnification. You hereby agree to indemnify, defend and hold harmless
IonLife, its shareholders, officers, directors, employees, agents,
affiliates, successors and assigns, from and against any and all claims, losses,
liabilities, damages or expenses (including attorneys' fees and costs) of any
nature whatsoever incurred or suffered by us (collectively the "Losses"), in so
far as such Losses (or actions in respect thereof) arise out of or are based on
(i) any claim or threatened claim that our use of Your trademarks infringes on
the rights of any third party; (ii) the breach of any representation or warranty
made by you herein; (iii) any claim related to Your Affiliate Site; (iv) any
unauthorized use of banners, button links, text links or other artwork or
materials supplied to You by IonLife; or (v) all claims, damages,
and expenses relating to the development, operation, maintenance, and contents
of Your Affiliate Site.
18. Miscellaneous. This Agreement will be governed by the laws of the United
States and the state of Nevada, 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.
BY CLICKING ON THE "APPLY" BUTTON AT THE END OF THE AFFILIATE ONLINE
APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.