Class E: $500 - $1000 in sales per year merits 15%.
Class D: $1000 - $2500 in sales per year merits 20%.
Class C: $2500 - $5000 in sales per year merits 30%.
Class B: $5000 - $10000 in sales per year merits 40%.
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For quickest results please email us at firstname.lastname@example.org. You can also reach us via phone: 1-424-234-1431.
dharmaceuticals.com Affiliate Manager
The FTC requires that any affiliate who uses reviews, rankings or testimonials to promote products must clearly disclose the fact that they receive compensation for doing so. Those guidelines can be read here: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
All affiliates must disclose commercial relationships with businesses that appear on your site (and how that affects the businesses' ranking) and clearly identify advertising and paid promotions. Review sites should clearly state how reviews are composed and checked, and whether and how commission or conversion rates influenced the presentations, including ratings or rankings.
The FTC has also published answers to Frequently Asked Questions applying these guidelines directly to the context of Affiliate or Network Marketing, as follows:
If you disclose your relationship to the retailer clearly and conspicuously on your site, readers can decide how much weight to give your endorsement.
In some instances - like when the affiliate link is embedded in your product review - a single disclosure may be adequate. When the review has a clear and conspicuous disclosure of your relationship and the reader can see both the review containing that disclosure and the link at the same time, readers have the information they need. You could say something like, "I get commissions for purchases made through links in this post." But if the product review containing the disclosure and the link are separated, readers may lose the connection.
As for where to place a disclosure, the guiding principle is that it has to be clear and conspicuous. The closer it is to your recommendations, the better. Putting disclosures in obscure places - for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a "terms of service" agreement - isn't good enough. Neither is placing it below your review or below the link to the online retailer so readers would have to keep scrolling after they finish reading. Consumers should be able to notice the disclosure easily. They shouldn't have to hunt for it.
Consumers might not understand that "affiliate link" means that the person placing the link is getting paid for purchases through the link. Similarly, a "buy now" button would not be adequate.
Then there isn't anything to disclose.
Yes, the same guidance applies anytime you endorse a product and get paid through affiliate links.
If it's clear that what's on your site is a paid advertisement, you don't have to make additional disclosures. Just remember that what's clear to you may not be clear to everyone visiting your site, and the FTC evaluates ads from the perspective of reasonable consumers.
You may write something like this at the top of your post:
"This post contains references to products from one or more of our sponsors. We may receive compensation when you click on links to those products. Click here for more information about out advertising policy."
Another way is to always have the disclaimer before the link to the product i.e., sponsored by dharmaceuticals “URL".
dharmaceuticals requires all affiliates to comply with these guidelines. Failure to do so may result in removal from our affiliate program and the cancellation of commissions.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DHARMACEUTICALS. (DBA DHARMACEUTICALS.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Dharmaceuticals.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Dharmaceuticals.com web site.
Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Affiliate terms and conditions are subject to change. We may modify any of the terms and conditions contained in these terms and conditions, at any time and in our sole discretion, by posting a change notice or a new agreement on the Affiliatly Affiliate Network. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THESE TERMS AND CONDITIONS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Please note that throughout this Agreement, "we," "us," and "our" refer to Dharmaceuticals.com, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. After receiving your application, we will review Your Website and notify you of your acceptance into or rejection from our Program. Please include in your application all of the websites that you currently use or plan to use in your profile. Including a list of all websites in your profile is required for approval and will help us to make a better decision. Please allow up to 48 hours for your application to be reviewed. If you add a website to your profile after the initial approval, please provide written notification to DHARMACEUTICALS. We reserve the right to reject any application for any reason, including if we determine (at our sole discretion) that Your Website is unsuitable for the Program. Unsuitable sites may include, but are not limited to, sites that: contain content that is not appropriate, are unrelated or not highly relevant to the DHARMACEUTICALS audience; or are primarily a link or banner farm that contains little to no content. It is your obligation to maintain complete and accurate contact information with DHARMACEUTICALS.
However, we encourage you to contact us if you reasonably believe that we have made an incorrect decision with a clear explanation as to why Your Website is appropriate or relevant to the DHARMACEUTICALS audience. You should also note that if we approve your application and Your Website is determined thereafter (in our sole discretion) to be unsuitable for the Program, we may terminate your participation without notice and any current commissions accrued may be voided. Our approval of Your Website shall not be considered an acknowledgement of any qualities of Your Website or waive your obligation to comply with all of the terms contained herein.
We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Dharmaceuticals" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Dharmaceuticals.com or any other affiliated business.
2.2. As a member of Dharmaceuticals.com's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Dharmaceuticals.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the unedited HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Dharmaceuticals.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Dharmaceuticals.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Dharmaceuticals.com Affiliate Program.
3.2. Dharmaceuticals.com reserves the right to terminate this Agreement and your participation in the Dharmaceuticals.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Dharmaceuticals.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Dharmaceuticals.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
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, email or fax. 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 Dharmaceuticals.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Dharmaceuticals.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Dharmaceuticals.com uses a third party to handle all of the tracking and payment. The third party is the affiliatly.com affiliate network. Kindly review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter Affiliatly’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Dharmaceuticals.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Dharmaceuticals.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Dharmaceuticals.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Dharmaceuticals.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Dharmaceuticals.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Dharmaceuticals.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Dharmaceuticals.com, Dharmaceuticals, www.Dharmaceuticals, www.Dharmaceuticals.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Dharmaceuticals’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Dharmaceuticals’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Dharmaceuticals’s site (i.e., no page from our site or any Dharmaceuticals.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Dharmaceuticals site in IFrames, hidden links and automatic pop ups that open Dharmaceuticals.com’s site; (d) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
If you are enrolled in our Program and participate in pay-per-click “PPC” advertising, you must adhere to our PPC guidelines as follows:
9.1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, Facebook or any other network.
9.2. You may not use our trademarked terms in sequence with any other keyword (e.g. DHARMACEUTICALS Coupons).
9.3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
9.4. You may not direct links to Our Website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on Your Website.
9.5. You may not bid in any manner appearing higher than DHARMACEUTICALS for any search term in position 1-5 in any auction style pay-per-click advertising program.
9.6. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
9.7. Trademarked Terms: DHARMACEUTICALS, AURELIA ESSENTIAL OILS, DEVARIKHA, AURELIALEX.
10. Coupon Guidelines
If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our coupon guidelines (“Coupon Guidelines”) as follows:
10.1. You may ONLY advertise coupon codes that are provided to you through the Program that are displayed on Our Website(s).
10.2. Posting any information about how to work around the requirements of a coupon/promotion (e.g. first time customers only) will result in removal from the Program.
10.3. Coupons must be displayed in their entirety with the full offer, valid expiration date and time and code.
10.4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
10.5. You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
10.6. You may NOT give the appearance that any ongoing offer requires clicking from Your Website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from Your Website to get this deal.
10.7. You may NOT present a button that claims to show all offers that sets the affiliate cookie in the background.
10.8. You may NOT display codes that do not exist in order to generate a click.
10.9. You may NOT use technology that generates a click or sets the cookie from the action of copying a coupon code or through a pop under.
Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.
11. Grant of Licenses
11.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Dharmaceuticals.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Dharmaceuticals.com and the good will associated therewith will inure to the sole benefit of Dharmaceuticals.com.
11.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Promoting DHARMACEUTICALS through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the DHARMACEUTICALS Program adhere to our Program terms and conditions as if they were an Affiliate thereunder. This includes, without limitation, restrictions on advertising through toolbars, browser extensions, and through any paid placements such as pay-per-click campaigns. Sub-affiliate networks must also contact DHARMACEUTICALS at the time of application to disclose any coupon sub-affiliates that might promote the DHARMACEUTICALS Program. If coupon sub-affiliates are added to the sub-affiliate network after the sub-affiliate network’s acceptance to the Program, the sub-affiliate network must provide written notice to DHARMACEUTICALS at the time the sub-affiliate is added. DHARMACEUTICALS reserves the right to revoke Program membership if any coupon sub-affiliate site does not follow our Coupon Guidelines.
Failure to comply with our sub-affiliate network terms may result in a revoked Program membership for the parent affiliate (and any (or all) sub-affiliates) and a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our Program terms.
If one or more provisions of these terms and conditions are held to be unenforceable under applicable law, then (i) such provision(s) shall be excluded from these terms and conditions, (ii) the balance of these terms and conditions shall be interpreted as if such provision(s) were so excluded and (iii) the balance of these terms and conditions shall be enforceable in accordance with their terms. The failure of DHARMACEUTICALS to exercise any of its rights under these terms and conditions shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
19. Governing Law
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of California. Any dispute arising out of or relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, State of California. By you applying to and/or joining the Program (and becoming an Affiliate thereunder), you submit to the exclusive jurisdiction of such courts. The prevailing party in any action shall be entitled to recover all of its legal fees and expenses in connection with such action.
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