The Hormone Shop LLC, is a Limited Liability Company organized in the state of Kansas and is hereafter referred to as The Hormone Shop.com. The Hormone Shop™ is a Registered Trademark.
This agreement describes the entire terms and conditions for participation in The Hormone Shop.com Affiliates Program.
In this agreement, the term "Participant" or "Affiliate" refers to you (the applicant), and "sponsoring website(s)" refers to the website(s) from which you will be linked to The Hormone Shop.com. Wherever the agreement refers to "you" or "your", it means "the Participant" or "Affiliate"; "we" or "our" refer to The Hormone Shop.com and the term "products" refers to the products offered for sale by The Hormone Shop.com on the Internet. You may add as many sites to The Hormone Shop.com, or remove such sites, at anytime and without prior approval from The Hormone Shop.com.
Referral Fees
Hereafter referred to as Commissions, will amount to 10% of any retail sales emanating from your web site(s). Also, you will receive 10% of any sales that are made by an Affiliate that you sponsor. You shall continue to receive any commissions from your customer's purchases for a period of at least 365 days and longer if your customer returns and orders during the first One(1) year period.
Since this is a two tiered marketing system a Level one Affiliate may sponsor other Affiliates known as Level Two Affiliates. Level Two Affiliates shall also receive 10% of gross sales emanating from their web site(s). Shipping costs shall be considered a part of the gross sales price and considered a small added bonus. A Level One Affiliate must make sales during any applicable quarter in order to collect commissions from the sales of any Level Two Affiliate that the Level One Affiliate sponsors. If a Level One Affiliate fails to make any sales in a given quarter that Affiliate shall not be eligible to collect any commissions from the sales of any Level Two Affiliates that the Level One Affiliate has sponsored.
Total commissions due in any given month must equal or exceed US $100.00 in order for a check to be written. If commissions due are less than US $100.00 this amount will be carried over to the next quarter and paid when commissions due, equal or exceed US $100.00.
Inactive Accounts
Accounts receiving no sales over a period of ninety (90) days may be cancelled at
the discretion of the The Hormone Shop.com.
A statement of customer purchase activity to the Participant is always available on line.
Commissions:
Returns and Cancellations:
If a sold product is later returned by the customer, its commission will be deducted from the next payment sent to the Participant. If there is no next payment, the Participant will be billed.
Order Processing:
The Hormone Shop.com will be solely responsible for processing every order placed by a
customer emanating from your sponsoring website. Order entry and payment will
be performed by VeriSign/PayPal secure
online credit card processing service.
Order forms, payment processing, shipping, cancellations, returns, and related customer
service are the responsibility of The Hormone Shop.com. All of the rules, operating
procedures and policies of The Hormone Shop.com regarding customer orders and accounts
will apply to orders we receive through your sponsoring website(s). The Hormone
Shop.com, reserves the right to reject any order that does not comply with our rules,
operating procedures and policies.
Tracking of Sales:
The Hormone shop.com will be solely responsible for tracking sales from your sponsoring website(s) by utilizing the software provided by AffiliateZone.com. The Participant will be solely responsible for ensuring that his/her web site(s) are operational.. Statements of sales activity will be provided to the Participant in realtime with a special URL that they are assigned.
Since The Hormone Shop.com's automated credit card orders and The AffiliateZone's transaction tracking software, both rely upon the use of "Cookies", a small percentage of sales are not going to be credited to the participants account. The reason for this is that a small percentage of customers will have their "Cookies" disabled and therefore will be untrackable. Our Order Form will encourage them to "Accept All Cookies" and therefore allow all commissions to be tracked and paid. Also, all Fax, e-mail, manual order forms and regular mail orders will be excluded from any transaction tracking and therefore not credited to the participants account. This method of taking orders currently averages about 3% of total sales. As future technology becomes available and affordable, these omissions will be corrected.
Promotional Techniques:
You are free to promote your site in all the ways we recommend in the introduction letter you receive by e-mail immediately after you sign up. Examples of acceptable ways to promote the business are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer our products for sale on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any sales generated for the month that you were terminated in will NOT be paid and will be property of The Hormone shop.com.
Copyrighted material:
As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. The Hormone Shop.com will not be responsible if you use another party's copyrighted material in violation of the law. The Hormone Shop.com, policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of The Hormone Shop.com. The Participant does not have the authority to make or accept any offer on behalf of The Hormone shop.com. All The Hormone Shop.com policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. The Hormone Shop.com is not responsible for any representations made by the Participant which contradict our policies.
Product, Product prices and availability:
Participant will not offer any products for sale on the participating Web Site(s) that are not approved by The Hormone Shop.com. (This prohibition applies especially to any product purporting to contain Human Growth Hornone in any form or amount). The price charged for each product sold under this program will be determined by The Hormone Shop.com according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed by The Hormone Shop.com webpage linked from your sponsoring website. Products and availability can change, and The Hormone Shop.com will present the best information available to all sponsoring sites and its clients regarding products and availability. Products that are prohibited by the FDA and yet show up in some Search Engines can not be sold and the Affiliate will receive NO credit for such discontinued products.
Website service interruption:
The Hormone Shop.com will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold The Hormone Shop.com liable for any of the consequences of such interruptions.
Term of the Agreement:
The Participant will receive commission payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by The Hormone Shop.com, and shall end when canceled by either party as provided below. Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final commission payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified:
The Hormone Shop.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
Cancellation of this agreement:
Either The Hormone Shop.com or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written or email notice of cancellation to the other.
Warranty Disclaimer:
The Hormone Shop.com makes no warranties, representations or conditions with regard to the products offered for sale whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages:
The Hormone Shop.com shall have no liability for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if The Hormone Shop.com has been advised of the possibility of such damages. Further, The Hormone Shop.com's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by The Hormone Shop.com to Participant under this agreement.
Relationship of Parties
Participant and The Hormone Shop.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of The Hormone Shop.com. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
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 or otherwise, that reasonably would
contradict anything in this agreement.
Disclaimer
The Hormone Shop.com WILL NOT BE LIABLE TO ANY AFFILLIATE OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF THE PARTICIPANTS SITE, REGARDLESS OF WHETHER The Hormone Shop.com WAS INFORMED OR HAD DIRECT OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IN ADVANCE.. The Hormone Shop.com MAKES NO EXPRESSED OR IMPLIED WARRANTIES OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE).
Representations and Warranties:
You hereby represent and warrant to us as follows:
a. This Agreement has been duly and validly executed and delivered by you when you submit an application to become an Affiliate and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. By submitting an application to become an Affiliate you agree that you have read this agreement in it's entirety.
b. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate
(i) any provision of law, rule, or regulation to which you are
subject,
(ii) any order, judgment, or decree applicable to you or binding upon
your assets or properties,
(iii) any provision of your by-laws or certificate of incorporation, or
(iv) any agreement or other instrument applicable to you or binding
upon your assets or properties.
c. You are the sole and exclusive owner of your web site(s) and have the right and
power to grant to us the license to use your trademarks in the manner contemplated herein,
and such grant does not and will not:
(i) breach, conflict with, or constitute a default under any agreement
or other instrument applicable to you or binding upon your assets or properties, or
(ii) infringe upon any trademark, trade name, service mark, copyright,
or other proprietary right of any other person or entity.
d. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any Affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
Confidentiality:
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agree that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
Indemnification:
You hereby agree to indemnify and hold harmless The Hormone shop.com and its directors,
officers, employees, agents, shareholders, partners, members, and other owners, against
any and all claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses (or
actions in respect thereof) arise out of or are based on
(i) any claim that our use of the The Hormone Shop.com infringes on any
trademark, trade name, service mark, copyright, license, intellectual property, or other
proprietary right of any third party,
(ii) any misrepresentation of a representation or warranty or breach of
a covenant and agreement made by you herein, or
(iii) any claim related to your site, including, without limitation,
content therein not attributable to us.
Independent Investigation:
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) ENGAGE IN SIMILAR ARRANGEMENTS 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 Hormone Shop.com Affiliate Program AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. .
Governing Law:
Assignment Waiver; This Agreement will be governed by the laws of the United States and the State of Kansas without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Kansas City, Kansas and you irrevocably consent to the jurisdiction of such courts. 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 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 a provision or any other provision of this Agreement.
Scope of Agreement:
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties.
Notices:
All necessary notices and requests required or permitted to be given under this Agreement shall be in writing and delivered to the addresses as set forth in this agreement. The address for the Affiliate shall be that address listed in the Application to become an Affiliate and the address for The Hormone Shop, LLC shall be: 719 Airport Loop, Homer, Louisiana, 71040.