This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Renewed Body Systems, Inc Affiliate Program. This agreement is between “Renewed Body Systems, Inc” operating under the brands renewedbody.com, and "You" meaning the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to our sites or to your site.
1. Application
To become an affiliated website, “You” must complete an online application form and agree to the terms and conditions in this document. Your completion of the application form does not equate to acceptance into the Program and we will evaluate your application and will inform you as to your acceptance or rejection as soon as possible. RenewedBody.com may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program . You should note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program , we may terminate this Agreement.
2. Linking to RenewedBody.com
RenewedBody.com permits you to link to any section of the RenewedBody.com by adding your affiliate ID to the end of the URL. It is your responsibility to ensure that all links to RenewedBody.com’s sites are of the specified format and are functioning correctly. The creatives remain the property of RenewedBody.com at all times and may not be altered at any time. You may request specific creatives by emailing admin@RenewedBody.com and we will endeavour to provide the creatives requested.
3. Transactions & Order Processing
RenewedBody.com will process orders placed by customers who follow affiliated links from your site to RenewedBody.com. RenewedBody.com reserves the right to refuse to process any Customer Transaction, which requires delivery to a country in which we are experiencing levels of fraud or which does not comply with our requirements. RenewedBody.com will make its standard terms and conditions readily available for access by customers through the site. RenewedBody.com will confirm acceptance of each order with the customer and will provide a transaction reference number and email address to customers so that customers are able to check the status of their order and resolve any questions on-line. RenewedBody.com will prepare order forms; process payments, cancellations and returns; and handle all customer service. We will track sales made to customers who purchase products using affiliated links from your site to our site. It is your responsibility to track sales activity as no reports will be sent out.
4. Commissions & Payment
4.1. For a sale to generate a referral commission, the customer must follow an affiliated link (in the format specified by us) from your site to our site; purchase the product/s on our site using our online ordering system and remit full payment to RenewedBody.com. We will not, however, pay referral fees on any Products that are added to a customer's Shopping Basket after the customer has re-entered our site (other than through an affiliated link from your site), even if the customer previously followed a link from your site to our site. Further, we will not pay referral commissions on any Products purchased from any site operated by us or our affiliates other than RenewedBody.com. From time to time certain products will be excluded from the affiliate Program and will not be able to qualify for commission.
4.2. RenewedBody.com agrees to pay a commission of 5% of the total sales value excluding delivery costs and returns. We will pay you commission fees via check once you reach $50. A $2 check processing fee will apply. You also have the option to have a coupon emailed to you to use at RenewedBody.com once your account reaches $25. These options are chosen when you signup and cannot be changed without a written request.
RenewedBody.com will endeavour to pay all invoices within 30 days of reaching payout. If a customer returns a product that generated a referral commission, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you an invoice for the fee.
5. Agreement Period
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party 30 days written notice of termination. You are only eligible to earn referral fees on sales occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
6. Use of Trademarks
Each party grants to the other a non-transferable worldwide license during the contract period only to use the other party's name and trademarks in promotional material, subject to the prior written approval of that material by the other party. You will be entitled to use the Company’s name and trademarks in connection with the Links and Branded Content on your site.
7. Warranties
7.1. Both parties shall use their reasonable endeavours to ensure that our sites are available for access and the links between the sites are maintained. However, both companies acknowledge that information technology and telecommunications systems do not operate free of errors and/or faults and may suffer periods of unavailability due to error, fault, maintenance, support or upgrade requirements or otherwise, and neither party warrants or represents that the sites or the links between them will be available for uninterrupted access at all times.
7.2. You will be solely responsible for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment; creating and posting descriptions on your site and linking those descriptions to RenewedBody.com using affiliate links provided by us; the accuracy and appropriateness of materials posted on your site, ensuring that materials posted on your site do not breach or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights; ensuring that materials posted on your site are not defamatory, explicit or illegal.) RenewedBody.com disclaims all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.
8. Liability
Neither we nor any of our affiliates will 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 or any of our affiliates have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our affiliates' collective 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 at the time the act or omission giving rise to the liability occurred.
9. Relationship of Parties
You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations, guarantees or warranties on our behalf.
10. Confidentiality
Each party agrees to keep confidential (both during and after the Contract Period) the terms of this Agreement and all information concerning the business or affairs of the other. This obligation will not apply in the case of any disclosure required by law, or information which is already publicly available or in the possession of a party at the time of disclosure by the other (other than as a result of a breach of any confidentiality obligation).
11. Public Relations
You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. You may e-mail admin@RenewedBody.com if you wish to get written consent.
12. Miscellaneous
12.1. Each party confirms that this Agreement sets out the entire agreement and understanding between the parties and that it supersedes all previous agreements, arrangements and understandings between them.
12.2. No failure or delay by any party in exercising its rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by either party of any right preclude any further exercise of any other right.
12.3. Any modification to this Agreement can be made at any time and at our sole discretion, by posting a change notice or a new agreement on our site. The modifications may include, for example, changes in the commission rates or payment schedule. 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.
12.4. RenewedBody.com reserves the right to modify any feature of the websites, product ranges, prices or any other element of RenewedBody.com eCommerce offerings without notice. If any modification is unacceptable to you, your only recourse is to terminate this agreement.
12.5. This Agreement will be governed by and construed in all respects in accordance with US law and the parties agree to submit to the jurisdiction of the US Courts as regards any claim or matter arising in relation to this Agreement.
12.6 Spamming of any type of your referral links will result in immediate termination from the RenewedBody.com program and you may be liable for damages up to $5 per offense.
