Affiliate's Terms & Conditions
The Evolving Life Innovations Affiliate Program Terms
Terms:
We, Our = Evolving Life Innovations (ELI )
You, Yours = Affiliate
Commission Schedule:
WE will pay 9 % on all purchases made by the Affiliate's customers whenever a customer is associated with the affiliates provided URL tracking code.
Payment Schedule:
1. Accounts with payment amounts of less than $50 will not be paid until they are over $50.
2. Accounts with payment amounts of more than $50 will be paid on a weekly basis.
We prefer to pay via PayPal, so please make sure that your PayPal information is in your profile.
When we transfer your commission, You will pay the PayPal charge for this transaction.
Calculation of the Commission:
The calculation is done on the product’s price in the following way:
Example:
The customer pays 50 $ (USD) for the ELI's product via the ELI's webshop. The shipping is free or with other words ELI pays for the shipping so this is not calculated in the price.
The PayPal charges or charges for bank transfers or credit card transfers are deducted from the price.
However, Your commission is calculated from the whole product’s price, or for the example here: 9 % from 50 $ = 4.5 $ - this is the commission that We owe you.
AFFILIATE AGREEMENT
In order to be compensated as an AFFILIATE for referring customers that purchase our products, you agree to the terms and conditions of this agreement, and you (AFFILIATE) are entering into a simple business agreement in the best interests of both parties. AFFILIATE and ELI are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regard to this Agreement.
AFFILIATE shall indemnify and hold ELI harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will ELI be liable whether in court, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, ELI's aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement. ELI will own all right, title and interest in and to all information that is created or collected in the operation of the ELI website and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.
It is the full responsibility of AFFILIATE to market our Products in a legal, ethical and honest fashion and AFFILIATE agrees that ELI will be held harmless from any and all actions of AFFILIATE and AFFILIATE marketing and promotional programs. Affiliate shall at all times comply with all local, Federal and State spam, fax broadcast and telemarketing laws. Any affiliate advertisement that does not comply with applicable local, state or federal laws is strictly forbidden and shall be expressly defined as unauthorized use of ELI 's trademarks, marks and names. Should action be brought against ELI for such activity by Affiliate, Affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to ELI legal costs for any alleged infraction of these laws. ELI reserves the right to amend all pricing plans, commissions or conditions relative to this agreement. ELI reserves the right to terminate any affiliate with or without cause at the sole discretion of ELI with or without notice. By joining the ELI affiliate program, affiliate is tendering his/her personal guarantee of these terms and conditions.
You will be solely responsible for the development, operation, and maintenance of your site at your sole cost and expense and for all materials that appear on your site.
Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.
Email Marketing
(a) Spamming - is strictly prohibited. For the purposes of this Agreement, spamming shall be defined as the sending out of email messages to email addresses which the Affiliate has purchased or has harvested/collected from the Internet or otherwise, which email addresses have been obtained without the consent of the recipient. In addition, for email marketing done to "Permission Based" email lists, defined as your house list of subscribers, customers or other consumers who have requested to receive mailings from you, all affiliates/partners must also abide by the 'Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the 'CAN-SPAM Act of 2003'. The practice of spamming and/or infringement of the Can-Spam Act of 2003 are a violation of our Policies and Procedures, and we will take action at its sole discretion against Affiliates engaging in spamming or non-compliant mailings. In the event investigation reveals that spamming did occur, ELI may at is option, terminate the Affiliate's account in accordance with our termination policy.
(b) Permission based emailing must comply with the CAN-SPAM Act. There are 3 primary rules that will be strictly enforced:
1. Email address must have been obtained with permission
2. Every email sent must have the actual business address listed in the email
3. Every "bulk" email sent must have an "Unsubscribe" link that works
Please read entire Act to be informed of all the details: ' Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the 'CAN-SPAM Act of 2003'.
For commission purposes, a new sale shall be considered "complete" on the date that ELI receive payment for the products sold, and the date by which the customer is allowed to return the merchandise under any money-back guarantees has passed. In the event that the referred customer pays via bank transfer, or certain other payment methods, this date may be further extended until final payment is received. ELI will post all sales to the affiliate tracking system once the sale is "complete".
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. We may modify any of the terms and conditions contained in this Agreement at any time by email notice to you. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation following receipt of a change notice shall constitute binding acceptance of the change.
The laws of the State of Hong Kong shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in Hong Kong court.