We like helping affiliates make money almost as much as we love helping people with their hemorrhoid problems. The terms of our affiliate program are simple, so here’s the deal:
That’s it! You’ll see all of the legal jargon below. If you agree to the terms just enter your information in the form below. We’ll review your application and get back with you within 48 hours (it’ll probably be faster than that though).
This general agreement is made out to you (the affiliate) from HemorrhoidRescue.com. It contains the complete terms and agreements of the affiliate program.
Please Note: “we”, “us”, and “our” refers to HemorrhoidRescue.com and/or Everyday Herbal and “you”, “yours”, “your” refers to the applicant. The term of this agreement will begin once you are accepted into the Hemorrhoid Rescue affiliate program and will end upon notice of termination from either you or HemorrhoidRescue.com and/or Everyday Herbal.
Rights and Restrictions
1. We reserve the right to accept or reject any affiliate we review. All new affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an affiliate we will notify you by eMail within this 24-48 hour time frame. We will exercise our discretion during the decision making process and may decide to decline any application we see necessary.
2. Your account may be cancelled by us at any time for any reason we feel appropriate. This is usually the result of slander, mis-representation made to us, spam eMail used to promote the affiliate, posting your affiliate link on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring us disrepute, etc. An issued warning letter in the form of eMail, fax or letter will be sent first. If no reparations have been made, then the affiliate account will be terminated.
2.2 All affiliates may cancel their account with us at any time and for any reason.
Access to Account Management Services
3. Immediately after your acceptance into our affiliate program you will be eMailed links, passwords and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters. We suggest you keep these invaluable links in a safe place and in a place that is easily accessible by you. If for any reason you lose this information we will be able to re-send it to you.
Use of Graphics and Links, Limitations of Use, and Cookie Periods
4. Only html code and approved linking information is to be used for the affiliates website. Failure to do so will result in misappropriated commissions. All of the links, graphics, and account management information will be provided to the affiliate after their acceptance into the program. In no way is the affiliate to use graphics or links not approved by HemorrhoidRescue.com.
4.2 Once a viewer clicks on an affiliate link and places an order with us that viewer becomes our customer. The affiliate will not have access to the customer’s account information, contact information, and will not be allowed communicate with customer in regards to their order/s placed. We are responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer.
4.3 This agreement does not constitute a joint venture, partnership, franchise, or other representative business of HemorrhoidRescue.com. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by us.
4.4 We may at any time refuse any particular link, text or referring graphic used to forward a viewer to our website. Only approved links, banners, graphics and text may be used.
4.5 The use of our affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, eMail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, etc. We hold sole discretion on what is termed as “inappropriate use” and may at any time close an account if we are given information on inappropriate use.
4.6 The cookie period for the HemorrhoidRescue.com affiliate program is exactly 60 days. After this 60 day period the viewer must come back to the affiliate’s website and proceed to click a link for commission to be earned.
6. Monthly payout to the affiliate will accrue in their account until a minimum of $50.00 has been met. We will not make payments or reimbursements to affiliates for amounts under $50.00. This helps us manage overhead and accounting fees. All commission payouts will be mailed on the 22nd of every month.
6.2 The commission to the affiliates is based on 40% of the subtotal for each order. You will not receive a commission on shipping charges.
6.3 Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customers credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
Fraudulent Orders and Orders Outstanding
7. It is possible that we may receive an order that is illegitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the 40%. If this is to occur you will be notified immediately.
7.2 We have the option for a customer to choose a payment option titled “check/money order”. This is a choice for customers who wish to pay by check and it is our policy to hold orders until the check or money order payment has reached our office. After 30 days of non-payment from a customer that has chosen this payment option we issue an eMail giving the customer a chance to respond within 3 business days in regards to their order. If we do not hear from them their order is cancelled and the 40% commission, which was awarded to the affiliate will be removed from the account.
7.3 We reserve the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to.
Grant of License and Restricted Use
8. We grant you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising our website.
8.1 We hold sole editorial discretion on how links are worded, or described on the affiliates site. We are not responsible for the creation of the links, which may be posted on your site and will only be involved surrounding editorial review. You also agree to fully cooperate to work with us to maintain and manage links.
8.2 All content on the affiliates website including links, banners, text, etc, leading to any or all content within our website is the sole responsibility of the affiliate. Because of the constantly changing nature of our website, we hold it to be the affiliates responsibility to update and manage their own links leading to our website. We are not responsible for alerting the affiliate or making recommendations on when we anticipate changing the links or directions to content on our website.
8.3 If we believe that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
9. Once an affiliate has accrued over $600.00 dollars in commission payouts, we must request and receive the social security number of the affiliate who is receiving payments from HemorrhoidRescue.com/Everyday Herbal. The IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a “contractor”, this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.
Changes To This Agreement
10. We may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.
11. Your privacy is a major concern for us. We will not sell, disperse, trade or otherwise decimate your account information to any outside organization.
12. We do not make any guarantees on the ability of the affiliate programs ability to generate income for the affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.
Limitations of Liability
14. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL HemorrhoidRescue.com CUMULATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification. You agree to indemnify and hold harmless HemorrhoidRescue.com/Everyday Herbal and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against us based on or arising from any claim
(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or
(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by HemorrhoidRescue.com in connection with or arising from any such claim, suit, action, or proceeding.