This agreement (the "Agreement) is made between Discover Relief LLC (the "Company"), and the Affiliate, and collectively, the "Parties") for participation in The Company's affiliate program.
Affiliate wishes to include certain materials promoting Company and to include company’s link to the website and unique promotional code within those materials on Affiliate's website (discoverelief.com).
NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
Use of Promotional information. The Affiliate's use and display of the Promotional information on the Affiliate's site shall conform to the following terms, conditions, and specifications:
Affiliate will comply with laws and regulations of their local jurisdiction, and the laws of the United States, including regulations promulgated by the Food & Drug Administration and Federal Trade Commission.
Affiliate may only use and promote company product information from Discover Relief LLC, discoverelief.com, personal testimonials. No statements of any kind are permitted stating such products are intended to treat, cure, or prevent any disease or illness. Promotional context is to promote Company's website (and the products and services available thereon), and for linking to Company's website using Affiliate’s unique code provided.
Affiliate must promote by sharing to both Instagram, Facebook, a minimum of but not limited to; 1) Two times a month on posts 2) Two times a month on stories.
Affiliate will not alter, add to, subtract from, or otherwise modify any statement provided on any of Discover Relief LLC platforms. If Affiliate wishes to alter or otherwise modify any textual content other than personal testimonials, Affiliate must obtain prior written consent from Company for such alteration of modification.
Agreement. The term of the agreement shall expire upon the expiration or termination of this Agreement. We Discover Relief, at any time can terminate our agreement for any reason at any time.
Intellectual Property. The company retains all rights, ownership, and interest in, and in any copyright, trademark, or other intellectual property. In this Agreement shall be construed to grant Affiliate any rights, ownership, or interest in the promotional content or materials used, or in the underlying intellectual property.
Rights. The company, Discover Relief LLC, at any time can use any graphics, content, testimonials, etc, any Affiliate shares to any platform including but not limited to Affiliate’s website, social media platforms, blogs.
Relationship of Parties. This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. As such, the Affiliate will provide the Company with an accurate tax identification number. The tax identification number can be submitted during the enrollment process or by submitting IRS Form W9. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.
Commissions. In exchange for Affiliate's display of the Promotional and product information displayed on Discover Relief LLC platforms such as discoverelief.com, @discoverelief, www.facebook.com/discoverelief and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the "Commission") in the amount of a percentage of product sold to a user that purchases from Company's website using Affiliates unique code. The current percentage posted is 25%. This percentage is subject to change by the Company at any time. Notification to Affiliate of any change in commission percentage will be given by Company at the email address on hand for the Affiliate. The commission will be based on purchases made by a user.
The company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request and will be provided at the time of monthly commission payout. Record is as such, a CSV file of any sales that occurred by any user that purchased using your unique code provided. Any discrepancy between the amount of Commissions owed according to these records and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of discovering such discrepancy.
Commissions are paid on a monthly basis. The pay period ends on the last day of the month. Commissions are held for a period of 5 days from the end of the pay period to protect Company in the event of any fraud that may occur.
If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $50.00, then such accrued and payable balance may be held over to the following month and paid together with the Commissions due for that month.
Affiliate shall have an achievable 1 referral sale every 45 days. This is a requirement. To remain active standing. This attainable goal will begin 30 days after the affiliate is onboarded.
Affiliate shall receive a one-time product gratis at the time of onboarding. Product gratis is determined between Discover Relief LLC and the affiliate once the affiliate has been onboarded. Products are determined based on the affiliate’s platform.
Bonus. Additional product bonus is available and credited to affiliates email account once bonus goal is met. A bonus program is offered and credited quarterly. Program determination varies upon Discover Relief LLC's discretion.
Exclusive discount. The exclusive discount is offered to the affiliate’s network to drive referrals and potentially increase affiliate earnings. Discount includes a 15% off purchase. Discount is applied at the time of customer’s purchase using the affiliate’s assigned unique code.
In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions, product gratis, owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
Affiliate's Representations and Warranties. Affiliate represents and warrants the following:
Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
Affiliate's website does not contain any materials that are:
Sexually explicit, obscene, or pornographic;
Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
Indicative of product’s suitability to diagnose, treat, or cure any disease or illness;
Graphically violent, including any violent video game images; or
Solicitous of any unlawful behavior
Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
Affiliate will not use any product information in any manner other than those set forth above.
Affiliate will not make any claim to ownership of the materials, or of the copyright, trademark, or other intellectual property therein.
Affiliate will not make any health claims, nor any assurances that Company products are a cure or treatment for any disease or health condition.
Affiliate will not distribute any advertising materials for Affiliate's website that reference the Company or Company's website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company's name (or any name that is confusingly similar to Company's name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company's website as specified in this Agreement.
Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company's website. If the Company confirms the affiliate has promoted any of its products via spam, the company will immediately invalidate all current sales and terminate the affiliate's account without notice. Notice of any violation of CAN-SPAM shall result in the forfeiture of any due commissions, and immediate termination of the affiliate.
For any other forms of promotion, Affiliate can either do a redirect to our site using Affiliate's unique code or use a landing page that makes it clear that you are a third party (e.g. Affiliate cannot simply copy our home page and pretend to be the Company). Any misrepresentation of the Company's websites or companies will result in immediate expulsion from the program.
Affiliate shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, I-frames, or hidden frames.
Indemnification. Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties set forth above. Affiliate shall also indemnify and hold harmless Company for any damage, loss, or other cost arising out of the use or misuse by Affiliate of the company product information and materials. Affiliate shall indemnify Company for attorney fees in the event of any CAN-SPAM violation resulting in litigation.
Confidentiality. Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." The affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
Term. This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Agreement.
Either Party shall have the right to terminate this Agreement at any time and for any cause.
Taxes. Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Affiliate is not an employee of Company, and no taxes shall be due or withheld by the Company on behalf of the Affiliate.
Limitation of Liability. Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Entire Agreement. This Agreement constitutes the entire agreement between Company and Affiliate and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.