Affiliate Terms and Conditions
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Get Well Supplements LLC Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the getwellsupplements.com web site. Please note that throughout this Agreement, “we,” “us,” “our”, and “merchant” refer to Get Well Supplements, and “you,” “your,” and “yours” refer to the affiliate. THIS IS A LEGALLY BINDING AGREEMENT. BY JOINING THIS PROGRAM AND RECEIVING AND USING LINKS TO THE MERCHANT WEBSITE, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN, DO NOT JOIN THIS AFFILIATE PROGRAM.
2. Age Restriction
You must be at least 18 (eighteen) years of age and a US citizen to join our Affiliate Program. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
To begin the enrollment process, you will need to complete and submit the Get Well Supplements LLC Affiliate Application. We may reject your application at our sole discretion. We may reject or cancel your application if we determine that your site is unsuitable for our Program.
4. Qualifying Affiliate Websites
(a) Your websites do not qualify, and you may not participate in the Program if the websites operated by you violate any of the following website suitability restrictions. Further, you represent, warrant, covenant and agree that none of your participating websites or any content or technology contained thereon will, at any time during the period that you are an affiliate in this Affiliate Program, violate any of the following website qualifying restrictions. If we believe that you have violated any of the following website qualifying restrictions we may, in addition to all other rights and remedies that we may have, terminate this Agreement and your participation in this Program without notice. Your participating websites may not:
(i) infringe on our or any other person’s or entity’s intellectual property, publicity, privacy or other rights,
(ii) violate any law, rule or regulation,
(iii) contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials,
(iv) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information,
(v) contain material that is materially false, inaccurate, fraudulent or misleading or that promotes pyramid or similar schemes;
(vi) promote violence or any illegal or immoral activity,
(vii) promote discrimination based upon gender, race, religion, nationality, disability, sexual orientation or age,
(viii) use or promote the use of spam,
(ix) use any software that gathers information through the customer’s Internet connection without his or her knowledge,
(x) use spyware.
(b) You may not (i) construct your websites in a manner designed to direct or pull Internet traffic away from our Merchant website, (ii) attempt to modify or alter our Merchant website in any way; (iii) make any representations, either express or implied, or create an appearance that a visitor to your website is visiting our website, e.g., “framing” the Merchant website, without our prior written approval; or (iv) “scrape” or “spider” any Merchant website or any other website for Merchant Content (as defined below).
(c) You may not purchase products through Qualified Links on your websites for resale, or commercial use of any kind. Such purchases may result, in our sole discretion, in the withholding of commissions or the termination of this Agreement.
(d) We have the right at our sole discretion to monitor your websites at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
5. Right to Use Merchant Content.
(a) Subject to the terms and conditions herein, we hereby grant to you, during the term hereof, a limited, non-exclusive, non-transferable, revocable, non-sublicensable, non-assignable right to (i) access the Merchant Website through Qualified Links (defined below) provided by us from time to time, and (ii) use and display the Merchant Content (as defined below) that we may make available to you from time to time solely as provided to you and solely for the purpose of generating the sale of Merchant’s products from your website that we have approved and solely in connection with your participation in this Affiliate Program. Any attempt to sublicense, assign or transfer this right is void. We may terminate your rights to use the Merchant Content for any reason at any time in our sole and absolute discretion.
(b) A “Qualifying Link” means a link from your website to our website using one of the URLs or graphic links provided by us for use in the Affiliate Program that allows us to track the use of such links by your visitors. All Qualifying Links that you will use in the Affiliate Program will be provided to you by us, and only valid Qualifying Links generated by us will be tracked for purposes of determining commissions that you may be eligible to receive on sales of products generated through your website. Except for the right to use the Merchant Content provided to you by us hereunder, we are not granting you any rights in, and you represent, warrant, covenant and agree that you will not use, in any manner, any trademarks, service marks, trade names, logos, banners, buttons, graphics, digital images, text, or other content or materials owned or controlled by us.
(c) Anyone who clicks on a Qualifying Link will be deemed to be customers of Get Well Supplements. Accordingly, all of Get Well Supplements rules, policies, and operating procedures concerning customer service, charges, and fees will apply to those customers. We may change our policies and operating procedures at any time. We will be solely responsible for all aspects of processing and fulfillment of product orders, including payment processing, shipping, cancellations, and related customer service.
(d) Upon termination of this Agreement, for any reason, you shall immediately cease using, displaying or otherwise maintaining any interest in the Merchant Content. For purposes of this Agreement “Merchant Content” means any and all trademarks, service marks, trade names, logos, banners, buttons, digital images, graphics, text and other content and material which we may, in our sole discretion, make available to you in connection with this Affiliate Program from time to time.
6. Merchant Content Usage Restrictions
IF YOU FAIL TO COMPLY WITH ANY OF THE RESTRICTIONS IN THIS SECTION 6, AT OUR SOLE DISCRETION, YOU FORFEIT ANY COMMISSIONS OR OTHER PAYMENTS OTHERWISE EARNED BY YOU DURING SUCH TIME THAT YOU ARE NOT IN COMPLIANCE.
(a) Obtaining and Using Merchant Content. You agree that you will not, except as specifically provided for in this Agreement (i) copy or obtain any images or other content relating to the Merchant from the Merchant Website or elsewhere, (ii) copy or display any Merchant Content, (iii) modify, adapt, translate or create derivative works based on the Merchant Content, (iv) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of the Merchant Content, (v) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person or entity any right or interest in the Merchant Content, (vi) use the Merchant Content in any manner which disparages or portrays us in a false, competitively adverse or poor light, or causes our merchandise to be noncompliant with applicable laws and regulations. (vii) You shall not create, publish, distribute, or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent.
(b) Keyword Purchasing, Search Engine and Advertising Restrictions. You agree that you will not purchase or bid for the placement of our name or trademarks or any variation or misspelling thereof within any third-party search engine or portal, including but not limited to Google, AOL, Bing, Yahoo, Ask, etc. You also agree to the following additional search engine advertising rules: (i) to qualify for commissions, all advertisements by you must be directed to your site or a page within your site, (ii) none of your advertisements may link directly to the Merchant Website or any page within the Merchant Website, (iii) you will not show the Merchant Website URL as the URL in your ads, (iv) you will not use the words “official site” or words to similar effect in connection with any use of our trademarks, or otherwise suggest or imply that your site is an official Merchant site or partner, and (v) you will stop bidding on any keyword term at our request.
(c) Pricing, Promotion Codes & Coupons. You may not, without prior written consent (i) advertise any price other than the Manufacturer’s Suggested Retail Price (“MSRP”), (ii) utilize any promotion, promotion code, coupon, or other promotional opportunity that is not specifically authorized for Merchant’s Program and explicitly authorized for your use.
7. Affiliate Obligations and FTC Compliance
You are responsible for ensuring operation and maintenance of the Affiliate website, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above in section 4, that the Affiliate website does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and us, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you of your obligations to disclose in this manner.
You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:
“We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.”
We also require you to comply with any and all applicable data privacy and security laws and regulations.
You also agree that you will not:
(a) make any statement, representation or warranty, whether vocally or in writing, about Get Well Supplements or our products other than those statements and representations contained in materials provided by us to you or set out on our Website;
(b) register any domain name, email address or company name that is identical or similar to Get Well Supplements or a translation of Get Well Supplements into any other language;
(d) create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using Get Well Supplements or any translation, and which site, account or page could reasonably be considered by anyone visiting it to be owned or maintained by us;
(e) promote your Affiliate link using SPAM/unsolicited emails;
(f) promote your Affiliate link in a way that may cause offence to others, including competitors;
(g) make statements about Get Well Supplements products or Get Well Supplements that are not true.
(h) make any ‘disease’ claims (for example: ‘this supplement shrinks tumors’)
If we find you are not in compliance with any of the requirements of this section, we may terminate our relationship with you at our sole and exclusive discretion.
8. Coupon Exclusivity
Affiliates may be given exclusive discount codes. These discount codes are exclusive to the affiliate in whom they are issued and must not be shared with any other affiliate or used on any other affiliate network. Affiliates may only promote exclusive codes on websites they own or on social media using only accounts that they own. Any email promotion must not be from purchased mailing lists, and all contacts must have opted in. It is the affiliate’s responsibility to ensure their exclusive codes are not posted on 3rd party websites. Any affiliates found promoting their discount codes on 3rd party websites or on social media accounts that they do not own will be result in removal from our program without notice.
9. 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 you and us. 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.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Get Well Supplements LLC Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Get Well Supplements LLC Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
12. Operation and Maintenance of the Merchant Website
13. Responsibility for Your Websites and Your Participation
(a) You will be solely responsible for the development, operation, and maintenance of all websites that are linked to the Merchant Website hereunder and for all content, technology and other materials that appear on such websites. You acknowledge and agree that you are responsible for complying with all of the terms and conditions hereof and all applicable laws, rules and regulations. You represent, warrant, covenant, and agree that:
(i) you will not state or imply that we sponsor, endorse, sanction or otherwise approve your website or any of your products or service, and furthermore you will not state or imply that you are an agent, officer, partner, employee of ours, or otherwise take any action that could reasonably cause customers confusion as to our relationship or association with you,
(ii) you will not take any action that could reasonably cause customers confusion as to the website on which any data collection, purchase transaction or other functions are occurring,
(iii) at all times during and after the term of this Agreement, you will protect all of our Confidential Information (as defined below) that you obtain or otherwise have access to with the same degree of care that you use to protect your own confidential and proprietary information but in no event less than a reasonable standard of care,
(iv) you will promptly notify us of any malfunctioning of the Qualifying Links or other problems with your participation.
(b) We disclaim all liability for all such matters. Further, you agree to defend, indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance or content of your website.
(c) For purposes of this Agreement, “Confidential Information” means all non-public information provided or obtained by you about us, including, without limitation, all customer information, and all business and sales information related to transactions through this Affiliate Program.
(a) Affiliates will receive a percentage of the revenue, as a commission, only from orders placed through properly coded Qualifying Links (see table below). Commissions are based on net sales per month and reset on the first of the month. Commissions may change anytime at the discretion of Get Well Supplements.
(b) When a potential Get Well Supplements customer clicks on a Qualified Link a tracking cookie will be stored by the web browser used when the potential Get Well Supplements customer clicks on the Qualified Link. The tracking cookie will have a validity of 30 days.
(c) Get Well Supplements is not responsible for tracking cookies that have been either intentionally or unintentionally deleted. No Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking, or tampering with an Affiliate Qualified Link.
(d) We reserve the right to void any commissions for any reason including but not limited to agreement violations, commissions generated after a customer has already landed on our site, or any other commissions that violate this agreement.
(e) We are not responsible for lost, stolen, or misdirected Commission payments.
We do not pay affiliate commissions on wholesale orders. We are unable to manually credit commissions, so it is imperative to ensure that your referrals are using your Qualified Links or exclusive discount code every time they place an order.
|Net Sales per month||Commission percentage|
(commission rates reset on the first of every month)
(a) Get Well Supplements LLC pays Affiliates via a Zelle account, provided to us when a member joins. Commission payments are directly deposited into Affiliates’ bank account via Zelle once per month. Payment will be made by the 10th of the following month.
(i) If the Zelle account information changes, it is the responsibility of the affiliate to notify Get Well Supplements LLC of the changes to ensure proper commission payments. We will not resend payments returned due to incorrect Zelle account information.
(b) Affiliate will be eligible to receive payouts once the merchant has received all requested tax and payment information from the Affiliate.
(c) We shall not withhold any taxes from the payouts made to Affiliate under the terms of this Agreement. We shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with us as set forth in this Agreement.
(d) Commissions will not be paid on orders that have been returned or canceled.
(e) 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 customer’s credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
(f) We explicitly reserve the right to change the payout process and procedure in our sole and exclusive discretion. If we do so, you will be notified.
16. Tax Reporting Responsibilities
(a) All Affiliates are required to provide Social Security numbers or tax ID numbers at signup.
(b) 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 Get Well Supplements LLC. The Internal Revenue Service (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.
Your privacy is a major concern for Get Well Supplements LLC. We will not sell, disperse, trade or otherwise disseminate your account information to any organization outside of Get Well Supplements LLC.
18. Limitations of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of 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.
You agree to indemnify and hold harmless Get Well Supplements LLC and its employees, representatives, officers, agents and Affiliates, against any and all claims, suits, actions, or other proceedings brought against Get Well Supplements LLC 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 Get Well Supplements LLC in connection with or arising from any such claim, suit, action, or proceeding.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Get Well Supplements LLC Products sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.