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This Agreement contains the complete terms and conditions that apply to an individual’s or organization’s participation in the myShrink.com Affiliate Program (the “Program”). As used in this Agreement, “we” means myShrink.com and “you” means the applicant. “Site” means a World Wide Web site and, depending on the context, refers either to myShrink.com site, located at the URL , or to any site that you will link to our site (and which you will identify in your Program application). By completing and submitting our Affiliate Program Application form, you are indicating your acceptance of these terms.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Affiliate Program Application via our site. We will review your application in a timely manner. You agree upon your application that you are familiar with the FTC Guidelines and abide by them. All your sites/ads/email creatives/copy related to myShrink products must adhere to good business practices and follow FTC Guidelines in the protection of the public. You agree to submit any and all promotional materials for our periodic review and acceptance upon our request at any time. We may cancel an account if we determine (in our sole discretion) that the applicant, its site, or the means through which the applicant participates in the Program is unsuitable for the Program. Unsuitable applicants, sites, and means of participation include, but are not limited to, those that:
If your account is cancelled or inactivated, you are welcome to reapply to the Program at any time. You should also note that we reserve the right to terminate this agreement at any time if your site or your means of participation in the Program is determined, in our sole discretion, to be unsuitable for the Program.
2. Links on Your Site
Once you have signed-up for the Program and your account has been activated, you may provide on your site any number of links to direct visitors to our site. We will provide you with guidelines and graphical artwork to use in linking to our site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with specially formatted and “tagged” links to link between your site and our site. You must ensure that each of the links between your site and our site are not modified. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to activity on our site occurring directly through Special Links. We will not be liable to you with respect to any failure by you to use properly formatted and complete Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
If you wish to send your visitors to a page other than the default page on our site, you may link to any page on myShrink.com, so long as you use the “Custom Landing Page” feature to generate the required Special Links.
If you choose to promote individual products on your site (e.g. Fast Track Formula), you may use the descriptions provided on our site or you may create your own. You will be responsible for the content, style, and placement of these references. You will provide a Special Link (as defined below) from each product reference on your site to the corresponding myShrink.com sales page. You may add or delete products (and related links) from your site at any time without our approval. Products that are individually listed and linked as described above are referred to as “Individually Linked Products.”
You may not misrepresent the links in any way, such as by suggesting, either implicitly or explicitly, that the links will direct your site’s visitors to a site other than MyShrink.com or to content other than the types that appear on our site.
You acknowledge that, by participating in the Program and placing any Special Links within your site, myShrink.com may receive information from or about visitors to your site. Your participation in the Program constitutes your specific and unconditional consent to, and authorization for, myShrink.com access to, receipt, storage, and use of any and all such information, consistent with the policies and procedures set forth in myShrink.com Privacy Policy.
3. Order Processing
We will process product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase products by using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
4. Referral Fees
We will pay you referral fees on certain product sales to third parties. For a product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to our site. Shipping charges and taxes will not be included when calculating your referral fees. If adjustments to your referral fees are needed to offset amounts inadvertently credited to your account from shipping charges or to account for products returned by a customers who was referred through your site, we will send notice to you indicating the nature of, and reason for, the adjustment.
We will pay you referral fees for “2nd-tier” sales if you specifically choose to participate in this aspect of the Program. A 2nd-tier sale is any purchase made by a visitor who was referred to our site through a myShrink.com Affiliate Partner that you signed into our Affiliate Program. We will pay you a percentage of the commissions that we pay to any of the Affiliate Partners who you referred into our Program.
We will not, however, pay referral fees on purchases made by customers using an “Internet Access Appliance” that provides Internet access but does not present our site, or permit users to access and interact with our site, in the same manner as a desktop computer (e.g., mobile devices such as cellular telephones or PDA’s that may access only limited or modified versions of our site).
You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This restriction includes ordering any myShrink products for friends, relatives, or associates in any manner so as to take improper advantage of the Program. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as “Qualifying Products.”
5. Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by us. “Qualifying Revenues” are revenues derived by us from our sales of Qualifying Products, excluding costs for shipping, taxes, service charges, credit card processing fees, returns, or bad debts. The current referral fee schedule is:
This is a lifetime commission structure! – See below for details.)
We do not pay referral fees on shipping charges, taxes, or any item purchased conjunction with discounted promotional offers on our site.
We reserve the right to change our referral fee schedule at any time, and for any reason, and will notify you by posting a notification message or a new Affiliate Agreement or both.
6. Referral Fee Payment
Affiliate payouts will be calculated on the 1st of every month, and checks will be sent within 15 days thereafter. Only those sales that have been logged in our system for 60 days or longer will qualify for, and be figured into, the Affiliate payouts for the current month. If the referral fees payable to you for any payout period are less than $40, we will hold payment until the total amount payable to you is at least $40 or until this Agreement is terminated. The total referral fees earned by you will be subject to our standard terms and conditions. In calculating referral fees, we will deduct the corresponding referral fee from your next payout if a product that generated a referral fee is returned by the customer. If there is no subsequent payout, we will send you a bill for the referral fee.
7. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of myShrink.com. Accordingly, all myShrink.com 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.
8. Identifying Yourself as an Associate
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. You may not in any manner misrepresent or embellish the relationship between us and you, 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 MyShrink.com supports, sponsors, endorses, or contributes money to any charity or other cause).
9. Limited License
We grant you a nonexclusive, revocable right to use text and graphics from our site solely for the purpose of helping to generate product sales and visits to our site. You may not modify the images or text in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow Canadian Copyright Laws for all copyrighted material appearing on myShrink.com or in or on any of our products. We may revoke your license at any time by giving you written notice.
You will be permitted to place on your site up to twelve complete writings by Dr. Susan LaCombe, but only if you provide proper author credit next to each complete writing. A complete writing is any writing appearing on a single page within our website. If you wish to exceed this number you must request written permission from us to do so.
You may not use pay-per-click advertising (such as Google AdWords) offered through any Internet search engine to generate traffic for any form of the phrases “myShrink” or “Shrinklady”.
10. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site, regardless of whether those materials are hosted on your site, myShrink.com, or another site affiliated with myShrink.com.
We disclaim all liability for these matters. Further, you indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance and approval 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 our site, and all myShrink.com trademarks and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on our sales of Qualifying Products that occur during the term, and referral fees earned prior to the date of termination will remain payable only if the related orders are not canceled or returned. We will send your final payout at the conclusion of the monthly payout cycle that follows the point at which the Qualifying Revenues have remained in our system for at least 60 days.
12. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. 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 or otherwise, that reasonably would contradict anything in this Section.
14. 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.
15. Disclaimers
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 of fitness, merchantability, non-infringement, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
16. 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) 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.
17. Arbitration
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 in Vancouver, British Columbia, 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 state or federal court in the province of British Columbia (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 British Columbia Arbitration and Mediation Institute. 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.
18. Privacy Policy
We will take every possible precaution to keep your contact information and your participation in our program confidential. Such details will not be shared with any third parties unless either required by law, or if a contract with a third party is used either to fulfill obligations we incur in connection with this agreement, or to assist in the management of our program. One example of the latter would be a check-writing service we contract with to write and mail checks to our affiliates.
19. Miscellaneous
This Agreement will be governed by the laws of British Columbia, 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.