By signing on as an affiliate (“you” or the “affiliate”) with Vibrant Life, Inc. ("VLI" or “our” or “we”), you agree to the following Affiliate Rules.
A. Services to be Provided.
We agree to pay you certain commissions as described on our website for referral sales made by customers.
- Affiliate shall promote and market our products and/or programs using only promotional materials supplied or approved by VLI. Promotional material (emails, ads, social media posts) must be consistent with VLI branding and shall not be false or misleading.
- Affiliate shall direct potential purchasers of VLI programs and/or programs to the dedicated links provided by VLI.
- The Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulation, including, without limitation, CAN-SPAM. CAN-SPAM is a U.S. law that regulates email.
- VLI will pay commissions from the sale of all programs and products for which the Affiliate uses the supplied links provided by VLI.
- VLI has a two tier commission program, allowing you to make commissions not only on your sales but the sales from others that you bring into the program as an affiliate. Tier 1 is a 25% commission paid to you on all direct sales from your referrals. Tier 2 is a 5% commission paid to you on your sub-affiliate referral sales
Commissions will be tracked via dedicated unique links provided by VLI. Each affiliate is required to use the link provided in advance of their promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commissions will be paid for revenue received minus returns.
- All payment processing shall be performed by VLI.
- All commissions awarded will be subject to federal state, and/or local tax, and VLI will provide a Form 1099 with respect to any commissions you have earned.
C. No Cure Claim
You promise that you will never make medical or health improvement claims, express or implied concerning VLI ("My Breast Friend") products’ ability to diagnose or improve pathology, disease or conditions. You agree to keep all conversations within the bounds of the law. You promise when referencing, sharing or promoting My Breast Friend to not imply or state that My Breast Friend can or is designed to detect and/or diagnose cancer. You agree to only share benefits experienced yourself personally or your immediate family members or your patients if applicable. You agree not in any way to imply that the same benefits will be experienced by others. You agree to not make any claims that are illegal based on the laws of the USA or country, state, or area you reside in or are marketing in.
D. No Warranties.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE VLI, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.
- If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
- YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to government fines and legal actions as a result of your bulk email promotion.
- VLI may terminate this agreement immediately, for cause, which shall include but not be limited to:
a. Conduct by Affiliate which, in VLI's discretion, detracts from the good reputation of VLI and VLI's product.
b. Complaints from consumers about Affiliate;
c. Any deviation by Affiliate from the highest standards of professional and commercial conduct;
e. Any reason set forth in Section D, above; and/or
f. Any other breach by Affiliate of the terms of this Agreement.
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
H. Change of Terms and Conditions.
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section E.
I. Notification of Account Changes.
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
None of the parties hereto shall, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, knowledge or know-how. A party hereto shall divulge such information only to such of its employees, financial advisors and legal representatives, as must have access thereto in order to satisfy its obligations hereunder. All parties shall take all necessary precautions to ensure that their employees retain such information in confidence.
L. Independent Contractors.
The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of VLI.
M. Choice of Law.
All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the American Arbitration Association in Orlando, FL in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.
The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of VLI's products and/or programs.
O. General Provisions.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter, VLI's affiliate program, and supersedes all of our prior agreements, representations, and understandings. Subject to Section N, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization.