TERMS AND CONDITIONS
- ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms
and Conditions (“Terms”). The Terms are a legally binding contract between you and us.
Please read them carefully. - CHANGES
We may amend the Terms at any time by posting a revised version on our website. The
revised version will be effective at the time we post it. If we change the Terms in a way that
reduces your rights or increases your responsibilities, we will provide you with a notification. - ACCESS
Brand Affiliate is granted a non-exclusive, limited and revocable license to access the GORX
Nutrition Post Affiliate Pro Website and Account and use its functionality on the condition
that:
(a) You are over the age of 18;
(b) You only use the website for lawful purposes;
(c) You do not engage in any improper, indecent or offensive behavior while using the
website;
(d) You are not breaking any law in your relevant jurisdiction by accessing this website;
(e) You will treat the website and its users with respect and will not partake in any conduct
that could be considered bullying, harassment, degradation, insulting or otherwise demeaning
to the human standard of any other person (as determined by us).
(f)You take responsibility for all Content posted and activity that occurs under your account.
(g) Your account is not used by more than one person. - LIMITATION OF LIABILITY
Notwithstanding Clause 3 above, we will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits, or data) arising in connection with the access
granted to the Brand Affiliate. The Brand Affiliate shall bear all resultant responsibility from
such access to third parties and shall indemnify and hold us harmless should the third party
lay claim against us. - REPRESENTATIONS OF BRAND AMBASSADOR
Brand Ambassador represents and warrants that (i) he or she has the power and authority to
enter into this Agreement, (ii) he or she is not a party to any agreement or subject to any law
that restricts Brand Affiliate’s performance of Brand Ambassador’s obligations hereunder, and
(iii) Brand Ambassador possesses all legal authorizations, permits and licenses necessary for
the conduct of Brand Ambassador’s obligations hereunder. Brand Ambassador covenants and
agrees to market, promote and sell the Products in compliance with all laws, regulations and
codes applicable to Brand Ambassador’s duties and obligations hereunder. - APPOINTMENT; LIMITED LICENSE
Upon acceptance by GORX Nutrition, Brand Ambassador shall be appointed as a Brand
Ambassador of GORX Nutrition, and shall have the right to purchase and promote the Products
pursuant to the terms and conditions hereof. Subject to the terms and conditions hereof,
Brand Ambassador shall have the limited license and right to use GORX Nutrition’s trademarks
and trade names as stipulated in the Terms of Service. In no event shall Brand Ambassador
have or be granted any ownership in any of GORX Nutrition’s intellectual property. - INTELLECTUAL PROPERTY RIGHTS
Notwithstanding the limited access to Trademarks and Trade names to the Brand Ambassador,
GORX Nutrition is licensed to retain all right, title, and interest in and to all Intellectual
Property Rights related in and to the website and the products and the limited access shall
not be deemed as a surrender of such rights. The Brand Ambassador’s use to the GORX
Nutrition logos and names shall be limited to the duration that such Brand Ambassador shall
be promoting the products. - SPECIAL AFFILIATE CODES/LINKS
8.1. For ease of transaction and accountability, we may provide you with a unique
Affiliate Code and/or link. You are permitted to place such links or code in your
emails, or in other communications to enhance your marketing strategy. We will
provide you with guidelines, link styles, and graphical artwork to use in linking to
our website. We may change the design of the artwork at any time without
notice, but we won’t change the dimensions of the images without efficiently
notifying you.
8.2. For ease of payment of referral fees, the Brand Ambassador will ensure that the
sales they make are through the special links or code. We will not be liable if the
Brand Ambassador or any other person incorrectly types the affiliate code or link.
8.3. The Brand Ambassador will ensure that the affiliate links point to the page of the
product being promoted. - REFERRAL FEES/COMMISSIONS AND PAYMENT
9.1. In harmony with section 8 above, for a product sale to be eligible to earn a
referral fee, the customer must click-through a special link from the Brand
Ambassador’s site, email, or other communications to our website and complete
an order for a product during that session.
9.2. GORX Nutrition will only pay commissions on links that are automatically tracked
and reported by our systems. We will not pay commissions if a purchase was not
tracked by our system. We can only pay commissions on business generated
through properly formatted special links that were automatically tracked by our
systems.
9.3. We reserve the right to disqualify commissions, which in our opinion which shall
be final, were earned through fraudulent, illegal, or overly aggressive,
questionable sales or marketing methods.
9.4. Payments shall only begin once the Brand Ambassador has earned more than
…..(Indicate amount) in affiliate income. If the Brand Ambassador’s affiliate
account never crosses the …… threshold, then the commissions will not be
realized or paid.
9.5. The payments shall be made on the …… day of the month for the commissions
accumulated in the previous month.
9.6. For Brand Ambassadors who shall not have met the minimum threshold for
payment and thereafter reach the same, their commissions shall be paid in the
following month’s pay out.
- COMPLIANCE WITH LAWS
As a condition to the Brand Ambassador’s participation in the Program, the Brand Ambassador
agrees to comply with all laws, ordinances, rules, regulations, orders, licenses, permits,
judgments, decisions or other requirements of any governmental authority that has
jurisdiction over the Brand Ambassador whether those laws and/or rules etc. are now in
effect or later come into effect during the duration of the Program. - RESPONSIBILITIES
The Brand ambassador will be solely responsible for the development, operation, and
maintenance of their site and for all materials that appear on the said site. The Brand
Ambassador shall also be responsible for all their technical operations, privacy policy
awareness, compliance with the law and any other tools or information necessary for the
operation of the Brand Ambassador’s running of business. - RELATIONSHIP OF PARTIES
The Brand Ambassador and ourselves are independent of each other, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. The Brand Ambassador will have no
authority to make or accept any offers or representations on behalf of GORX Nutrition. - ARBITRATION
13.1. Any dispute relating in any way to this Agreement (including any actual or alleged
breach hereof), any transactions or activities under this Agreement or the Brand
Ambassador’s relationship with us or any of our affiliates shall be submitted to
confidential arbitration, except that, to the extent the Brand Ambassador has in
any manner violated or threatened to violate our intellectual property rights in
which case we may seek injunctive or other appropriate relief in any state or
federal court (and you consent to non-exclusive jurisdiction and venue in such
courts) or any other court of competent jurisdiction.
13.2. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. 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.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
14.1. The Brand Ambassador agrees that visiting the Site, sending us emails, and
completing online forms constitute electronic communications. The Brand
Ambassador further consents to receive electronic communications, and that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
14.2. The Brand Ambassador hereby agrees to the use of electronic signatures,
contracts, orders, and other records, and to electronic delivery of notices,
policies, and records of transactions initiated or completed by us or via the site.
Further, the Brand Ambassador hereby waives any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means - PRODUCTS WARRANTY
15.1. Brand Ambassador understands and agrees that GORX Nutrition has expended
considerable time and resources in designing the Products. Brand Ambassador
agrees to present the Products in a manner consistent with the official
information on the GORX Nutrition website. In no event shall Brand Ambassador
make any representations or warranties about the Products not contained in the
official information provided by GORX Nutrition.
15.2. Brand Affiliate will indemnify and defend GORX Nutrition against any third party
claims asserted against GORX Nutrition related to Product representations made
by Brand Ambasssador that are not contained in the official information provided
by GORX Nutrition. - TERM AND TERMINATION
16.1. The term of this Agreement is at will, and may be terminated immediately upon
notice by GORX Nutrition to the Brand Ambassador.
16.2. In the event of a breach of either party’s obligations hereunder, the other party
may terminate this Agreement immediately. In the event of cancellation or
termination by the Brand Ambassador for any reason or by GORX Nutrition for a
breach by Brand Ambassador, Brand Ambassador shall waive all rights he or she
have hereunder, including but not limited to any rights to commissions otherwise
earned prior to the applicable payment date.
16.3. For the avoidance of doubt, GORX Nutrition may terminate this Agreement and all
other agreements between GORX Nutrition and other Brand Ambassadors if GORX
Nutrition elects to cease business operations, dissolve GORX Nutrition or
terminate its business. Upon the termination of this Agreement, all limited
licenses granted to Brand Ambassador hereunder shall cease and Brand
Ambassador shall cease to hold himself or herself out as Brand Ambassador of
GORX Nutrition.
16.4. All covenants set forth herein that by their terms survive the termination of this
Agreement shall survive such termination.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )