This is a legally binding agreement between you ( “Affiliate”) and RK Exercises For Injuries Corp of British Columbia [email protected] (“Company”). You must be at least 18 years old and have reached the age of majority and legal consent in the jurisdiction in which you live or reside to agree to these terms and conditions. By submitting your request or registration to become an affiliate, you agree to the Terms and Conditions, and therefore agree to be bound by and acknowledge your complete acceptance of all the expressed Terms and Conditions. If you do not agree to the Terms and Conditions or do not meet the age requirements, you must not register.
The Affiliate agrees to these Terms and Conditions voluntarily and for valid reasons. The Affiliate acknowledges that the Affiliate (i) has carefully read these Terms and Conditions, (ii) discussed it with its attorneys or other advisors, (iii) understood all the terms, and (iv) will comply with them. The Affiliate has relied on the advice of the Affiliate’s attorneys or other advisors about these Terms and Conditions and waives any claim that the terms should be construed against the drafter.
The Company may change these Terms and Conditions on one or more occasions and notify the Affiliate by email of any changes. Changes will become effective when posted. It is the Affiliate’s responsibility to check periodically for changes to these Terms and Conditions. If the Affiliate continues to participate in the Program after any change, the Company will consider the Affiliate’s continued participation as acceptance of the change unless the Affiliate notifies the Company in writing of the Affiliate’s disagreement and the reasons for the Affiliate’s disagreement no later than 15 days after the change
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- Enrollment in the Affiliate Program
- To begin the enrollment process, you will send an application via email to [email protected]. In the email, include the product(s) you want to promote, your marketing plan for promoting the offer, and other pertinent information.
- We will evaluate your application and notify you of your acceptance or rejection.
- We may reject your application for any reason at our sole discretion.
- We generally reject applications related to websites that:
- Promote violence and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Make false claims or spreads fake news (any news without valid sources attached)
- Promote illegal activities or are intended to harass or defame anyone; or
- Violates our intellectual property rights or the intellectual property rights of others.
- If we reject your application, you are welcome to reapply to the Program at any time.
- If we accept your application, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.
- Termination
- Affiliates are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not canceled or returned or if payment for those orders is not refunded or charged back and comply with all the terms and conditions.
- We may withhold the Affiliate’s final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payments from Referred Customers are legitimate as determined by Company in its sole discretion.
- Any Affiliate who violates either these Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
- Without limitation, the Affiliate’s participation in the Program shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms and conditions or of any applicable law or regulation having the force of law.
- Affiliate Responsibilities
- It is understood that the Affiliate will introduce the Company’s products to their current and prospective customers and will comply with all laws as well as those that govern email marketing and anti-spam laws.
- The Affiliate is allowed to place links on their website to those programs offered by Company
- Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on the Company’s website.
- The Affiliate must keep himself informed of any amendments to Affiliate Programs, in particular, if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
- The Affiliate must comply with the requirements of the Affiliate Program including in particular any stipulations as to the nature and content of the Affiliate’s website and the use of third-party or other Affiliate trademarks and logos.
- The Affiliate will promptly notify the Company of all URLs where the Affiliate will use the materials or otherwise promote one or more program sites
- The Affiliate will not use any of the Company’s materials to promote violence and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; make false claims or spread fake news; or promote illegal activities or are intended to harass or defame anyone.
- The Affiliate will not disseminate spam in connection with the Program or otherwise promote the Program Sites or the products available on the Program Sites to or through any spam lists. The Company imposes a strict, no-spam policy for participants in the Program.
- Logos, Trademarks, and Copyright
The Company grants the Affiliate a limited license to use the Company’s logos, trademarks and copyrights for promoting and selling the Company’s products to customers for the duration of this undertaking, including any marketing materials that may be provided by the Company. All uses of the Company’s logos, trademarks, and copyrights shall be under the control of the Company and it shall have the right to inspect all uses of the Company’s logos, trademarks, and copyrights and shall have the right to specify how the logos, trademarks, and copyrights are used including, without limitation, specifying the proper intellectual property notices required to be incorporated into all permitted uses.
The Affiliate shall not use any of the Company’s logos, trademarks, or copyrights in connection with any product or service other than the Products from the Company. All unauthorized access or duplication of the materials is a breach of these terms and conditions and an infringement of the Company’s and potentially others’ trademarks, copyrights, or other rights, including privacy and publicity rights.
The Affiliate shall not:
- Modify or create derivative works based on the Company’s Materials;
- Rent, lease, or transfer any rights in the materials;
- Remove any proprietary notices or labels on the materials; or
- Make any other unauthorized use of the materials.
Except for those expressly granted in these terms and conditions, the Company does not grant any other rights to the Affiliate. The Company reserves all rights to select, alter, add, or remove any materials used for the Program.
Termination of this undertaking also automatically terminates the Affiliate’s right to use the Company’s materials. The Affiliate will immediately erase all copies of the materials that might reside on any computer system, storage device, server, or website owned, leased, or rented by the Affiliate or otherwise under its control.
- Promotional Links.
The Affiliate may receive banners, buttons, or promotional links that may contain logos or identifying marks. The Affiliate’s use of the Promotional Links will at all times be subject to these terms and conditions and will not alter, modify, or expand the Promotional Links in any way without the Company’s written consent. RK Exercises For Injuries Corp may deactivate the Promotional Link at any time and for any reason without notice to the Affiliate, and will not be liable to the Affiliate for any loss or damage arising out of or resulting from the Company’s deactivation of the Promotional Link.
- Order Processing.
RK Exercises For Injuries Corp will be responsible for all aspects of order processing and fulfillment for valid and complete orders and also reserves the right to reject orders. The Company will be responsible for all aspects of order processing and fulfillment for valid and complete orders including the processing of payments, cancellations, and refunds, and handling customer service. The Affiliate can track the stats using the agreed e-commerce platform. The Company will own all that information and the Affiliate will not rent, sell, loan, barter, share, or otherwise transfer or disclose that information to any third party without the Company’s prior written consent or in violation of any legal requirement. To permit accurate tracking, reporting, and fee accrual, the Affiliate must ensure that the Promotional Links between the Affiliate Sites and the Program Sites are properly formatted and functioning.
- Policies and Pricing.
Customers who buy products through this Program will be considered to be the customers of RK Exercises For Injuries Corp. Accordingly, all Company’s rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. The Company may change its policies and operating procedures at any time including the prices to be charged for the products sold in accordance with its own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that the Affiliate already has listed on the Affiliate Sites, the Affiliate will not include price information in the Affiliate’s product descriptions. The Company will use commercially reasonable efforts to present accurate information, but the Company cannot guarantee the availability or price of any particular product.
- Affiliate Compensation
In consideration of providing the Affiliate Services, the Affiliate shall be entitled to a commission as described in the Company offer. The Company reserves the right to change the commission structure from time to time.
- Expenses
All expenses and costs incurred by the Affiliate in providing the Affiliate Services under these terms and conditions will be borne by the Affiliate. The Company may provide Marketing Materials at its discretion.
- Confidentiality:
Both parties are expected to maintain and protect the confidentiality of such information to the greatest extent possible; and they will share such information only to respond to inquiries or notices from government entities.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
- Indemnification:
The Affiliate hereby agrees to indemnify and hold harmless the Company and its subsidiaries and Affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and terms and conditions
- Any claim related to your site, including, without limitation, its development, operation, maintenance, and content therein not attributable to us.
- Notices
Any notice under these Terms and Conditions may be made by email at the email addresses indicated above for the Company and by email provided by the Affiliate during the registration process
- Amendment
CompanyI may change these Terms and Conditions on one or more occasions and notify the Affiliate by email of any changes. Changes will become effective when posted. It is the Affiliate’s responsibility to check periodically for changes to these Terms and Conditions. If the Affiliate continues to participate in the Program after any change, the Company will consider the Affiliate’s continued participation as acceptance of the change unless the Affiliate notifies the Company in writing of the Affiliate’s disagreement and the reasons for the Affiliate’s disagreement no later than 15 days after the change.
- Voluntary Agreement
The Affiliate has agreed to these Terms and Conditions voluntarily and for valid reasons. The Affiliate acknowledges that the Affiliate (i) has carefully read these Terms and Conditions, (ii) discussed it with the Affiliate’s attorneys or other advisors, (iii) understood all the terms, and (iv) will comply with them. The Affiliate has relied on the advice of the Affiliate’s attorneys or other advisors about these Terms and Conditions and waives any claim that the terms should be construed against the drafter.
- Nondisparagement
During this undertaking and for two years after its termination, the Affiliate will not take any action that is intended, or would reasonably be expected, to harm the Company or its reputation or that would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. But nothing will prevent the Affiliate from making any truthful statement in connection with any legal proceeding or investigation by the Company or any government body.
- Limit of Liability
The Company shall not be liable to the Affiliate for any of the following:
- Errors, mistakes, or inaccuracies in the Program, the Program Sites, or the Licensed Materials;
- Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libellous, abusive, invasive of privacy, or illegal;
- Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to the Affiliate’s account, transmissions, or data;
- Interruption or cessation of transmission to or from the Program or the Program Sites;
- Denial-of-service attack (DoS) or distributed denial-of-service attack (DDoS);
- Bugs, viruses, trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Program, the Program Sites, or the Licensed Materials by any person or that might infect the Affiliate’s computer or affect the Affiliate’s access to or use of the Program, the Program Sites, or the Licensed Materials, or the Affiliate’s other services, hardware, or software;
- Incompatibility between the Program, the Program Sites, or the Licensed Materials and the Affiliate’s other services, hardware, or software;
- Delays or failures the Affiliate might experience in starting, conducting, or completing any transmissions to or transactions through or with the Program, the Program Sites, or the Licensed Materials; or
- Loss or damage incurred because of the deactivation of any Promotional Link or use of any content posted, emailed, sent, or otherwise made available through the Program or the Program Sites.
The Company shall not be liable to the Affiliate for breach-of-contract damages that the Company could not reasonably have foreseen in these Terms and Conditions. Except as stated in these Terms and Conditions, neither party will be liable to the other party for indirect, incidental, special, statutory, exemplary, or punitive damages arising from or relating to this undertaking, regardless of theory of liability and even if that party knew or should have known of the possibility of these damages, including loss of revenue or anticipated profits or lost business.
The Company’s total cumulative liability to the Affiliate for any breach of these Terms and Conditions will not exceed the greater of the total amount owed to the Affiliate under these Terms and Conditions and US $250.
- Termination of the Undertaking
Either party may terminate this undertaking for any reason. The Affiliate is only eligible to earn referral fees on sales of qualifying products occurring during the term, and fees earned through the date of termination, which will occur on the giving of notice, will remain payable only if the related orders are not canceled or returned or if payment for those orders is not refunded or charged back. The Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will forfeit all referral fees due if the Company terminates the Affiliate from the Program because of the Affiliate’s fraudulent activity or non-compliance with its responsibilities listed in these Terms and Conditions.
- Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. The Company and the Affiliate each hereby agree to be bound to the jurisdiction of the courts of the Province of British Columbia.