|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Percent of Sale commission is only on products (not including tax, shipping & handling charges)|
America Medic & Science Affiliate Agreement
This agreement (the “Agreement) is made between America Medic & Science - AMS (the “Company”), and the Affiliate, and collectively, the “Parties”) for participation in America Medic & Science - AMS’s affiliate program. Affiliate wishes to include certain materials promoting Company, and to include a link to America Medic & Science - AMS’s website within those materials on Affiliate’s website or appropriate social channels;
NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Promotional Materials.
America Medic & Science - AMS shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphics or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website or social channels prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to America Medic & Science - AMS’s website, as specified by America Medic & Science - AMS.
2. Use of Promotional Materials. The Affiliate’s use and display of the Promotional Materials on the affiliate's site shall conform to the following terms, conditions, and specifications:
a. Affiliate may not use any graphic, textual, or other materials to promote Company’s website, products, or services other than the Promotional Materials unless America Medic & Science - AMS agrees to such other materials in writing prior to their display.
b. Affiliate may only use the Promotional Materials for the purpose of promoting America Medic & Science - AMS's website (and the products and services available thereon), and for linking to America Medic & Science - AMS's website.
c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by B America Medic & Science - AMS. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from America Medic & Science - AMS for such alteration or modification.
d. The Promotional Materials will be used to link only to America Medic & Science - AMS’s website, to the specific page and address as specified by B America Medic & Science - AMS.
e. Affiliates may not use any discount/coupon sites, cashback sites/programs to display their link. Any Affiliate that uses any discount/coupon sites, cashback sites/programs to display their link, they shall not be paid for these transactions.
f. Affiliate must send where the link placement sites for approval before posting in an excel sheet format. If the Affiliate Link is placed within a site that has not been approved, measured actions will be taken.
3. License. America Medic & Science - AMS hereby grants to Affiliate a non-exclusive, non-transferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
4. Intellectual Property. America Medic & Science - AMS retains all rights, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership, or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
5. Relationship of Parties. This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between America Medic & Science - AMS and Affiliate. Affiliate shall provide services for America Medic & Science - AMS as an independent contractor. Affiliate shall have no authority to bind America Medic & Science - AMS into any agreement, nor shall Affiliate be considered to be an agent of America Medic & Science - AMS in any respect.
a. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, America Medic & Science - AMS shall pay to Affiliate a commission (the “Commission”) in the amount of a percentage of product sold to a user that accesses America Medic & Science - AMS’s website through a link on Affiliate’s website. The current percentage posted is 7%. This percentage is subject to change by America Medic & Science - AMS at any time. Notification to Affiliate of any change in commission percentage will be given by America Medic & Science - AMS at the email address on hand for the Affiliate. The commission will be based on purchases made by a user for any new and recurring purchases for the life of the registered user.
b. Company shall pay all Commissions accrued and payable to Affiliate within 10-14 days of the first day of each month (the “Commission Payment Date”). If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $100.00, then such accrued and payable balance shall be held until the total amount reaches $50.00.
c. In the event that Affiliate materially breaches this Agreement and America Medic & Science - AMS terminates this Agreement immediately of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and America Medic & Science - AMS shall not be obligated to pay such Commissions to Affiliate.
7. Affiliate’s Representations and Warranties. Affiliate represents and warrants
a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises covenants, and other duties set forth in this Agreement.
b. Affiliate’s website does not contain any materials that are:
i. Sexually explicit, obscene, or pornographic;
ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
iii. Graphically violent, including any violent video game images; or
iv. Solicitous of any unlawful behavior
c. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
d. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference America Medic & Science - AMS or America Medic & Science - AMS’s website unless America Medic & Science - AMS gives prior written consent to the distribution of such materials. Affiliate will not use America Medic & Science - AMS’s name (or any name that is confusingly similar to America Medic & Science - AMS’s name) for any purpose on its website, in its promotional materials, or in any other context except to promote America Medic & Science - AMS’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates America Medic & Science - AMS’s name or that is confusingly similar to America Medic & Science - AMS’s name.
e. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing America Medic & Science - AMS or America Medic & Science - AMS’s website.
8. Indemnification. Affiliate shall indemnify America Medic & Science - AMS and hold harmless America Medic & Science - AMS from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless America Medic & Science - AMS for any damage, loss, or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
9. Confidentiality. Any information that Affiliate is exposed to by virtue of its relationship with America Medic & Science - AMS under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” The affiliate may not disclose any Confidential America Medic & Science - AMS Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from America Medic & Science - AMS.
10. Term. This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 10.
11. Limitation of Liability. America Medic & Science - AMS shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether America Medic & Science - AMS was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
12. Entire Agreement. This Agreement constitutes the entire agreement between America Medic & Science - AMS and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.
13. You are responsible for providing the correct PayPal account email address where the payment is going to be made. Once payment is made to an email we are not responsible for incorrect or missing funds.