AFFILIATE PROGRAM Agreement
Terms and Conditions
This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in the Affiliate Program of ATS Nutrition T/as Tony Sfeirs’ Designer Physique, and the establishment of links from your Affiliate web site or other means of advertising to our web sites “Tony Sfeirs’ Designer Physique”. As used in this Agreement, “we”, “us”, “our” or Designer Physique means Tony Sfeirs’ Designer Physique, “you” or “your” means the applicant, and “Product” means any and all items offered for sale by us on the Designer Physique web site. www.designerphysique.com or any other website linked to www.designerphysique.com
1. Enrollment in the Designer Physique Affiliate Program.
To begin the enrollment process, you will submit a completed Affiliate application form. Once your application has been approved, you will receive your Affiliate code to allow you to start marketing the Designer Physique products. We may reject your application if we determine (in our sole discretion) that you or your marketing plan is unsuitable as an Affiliate for any reason whatsoever.
2. USING Our Links on Our Site.
CODE means the individual code supplied to you to be used by your clients to identify your sales. Any changes to the code by you or your customer may cause a malfunction; we take no responsibility for you receiving credit for any sale in that instance. Any change you make may cause the tracking to no longer function correctly.
As an Affiliate, we will make available to you product information and product training materials. It is your responsibility to take the time to acquire knowledge of our products to avoid misrepresentation. You shall not alter, modify or expand any of the promotional material given to you without our written consent.
We have the right in our sole discretion to monitor your advertising materials at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
Affiliates should place the appropriate copyright and trademark notices.
You are allowed to use the prices of the Designer Physique products and we will endeavour to advise you of any changes but you are responsible for keeping your information on pricing up-to-date as designerphysique.com from time to time will post specials, discounts or change product pricing in their sole discretion.
3. Order Processing.
We will process orders placed by customers who enter in your code on our designerphysique.com site. We reserve the right to reject orders that do not comply with certain requirements that we periodically may establish. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your customers and will make unaudited reports available for your review through your Affiliate account. The form, content, and frequency of the reports may vary from time to time to our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the code is used properly by your customers.
Commissions (Commission Rate) on trackable on-line sales are paid on net sales (i.e., the net is the remaining amount after any of these deductions: shipping, handling, credit card fees and similar charges, and not include any portion of payment made through the redemption of gift certificates, coupons or credits. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate. Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, charge backs and credits for returned goods. A commission will only be paid if the visitor to our site uses your code from the time of the link to the time of the sale. No commission will be paid if the visitor to our site failed to use your code.
Affiliate and Net Sales Percentage
Sales completed using the unique discount code – 15%
The above fee schedule is subject to change without notice.
For a sale to generate a commission the customer must use your code, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
5. Commission Payment.
Commissions on sales are paid on Net Sales actually collected from customers. Orders are not eligible for a commission due to credit card fraud, bad debts, cancellations, charge backs and credits for returned Products. If a commission has been paid, the commission will be deducted from future commissions. Commissions will be paid 30 days after the order is fulfilled. All commissions are paid at the end of any given month. The Commission base is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission base.
All commission payments are made through PayPal.com. You will be required to open up an account in order to have your commissions paid.
You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program, Designer Physique shall not withhold any taxes of any kind from Your commission payments.
6. Reports of Sales.
You will be given a report on the second week of every month for the previous month’s sales.
7. Policies and Pricing.
Customers who buy Product through the Affiliate Program will be deemed to be customers of Designer Physique. Accordingly, all Designer Physique rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Product sold under the Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed, You will be responsible for maintaining the correct current prices at all times. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.
8. Non-Exclusive Limited License and Use of Designer Physique Logos and Trademarks.
We grant You a non-exclusive, non-transferable, revocable right to (i) access our site through 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 “Designer Physique”), solely for the purpose of selling our Product. You may not alter, modify or change the logos, trademarks or any other text content provided to you through the Designer Physique Affiliate program. The use of any of the logos, trademarks or text content are only extended to members in good standing in the Designer Physique Program. If you see logos, trademarked items or text content that is not in the materials available to Affiliates in the marketing section and you wish to use, you may not use them without prior written permission. Permission is not to be construed as Designer Physique giving you any legal ownership or rights to these logos, trademarks or text content.
The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.
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.
10. Responsibility for Your Business.
You will be solely responsible for the development, operation and maintenance of your Affiliate business and for all materials used. We shall have no responsibility for the development, operation and maintenance of your activities. You hereby represent and warrant to us that materials used does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials used by you when representing Designer Physique are not libelous or otherwise illegal. You must have express permission to use copyrighted material owned by another party or other proprietary material. We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law.
11. Term of the Agreement.
The term of this Agreement will begin when Your Affiliate Application has been received by Designer Physique and You have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by Designer Physique or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Designer Physique banners, images, content, trademarks, etc., or provide your code to anyone whatsoever. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records of a change notice or a new agreement is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our notification will constitute binding acceptance of the change.
13. Relationship of Parties.
You and Designer Physique are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement whatsoever that reasonably would contradict anything in this Section.
14. Limitation 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, the Affiliate Program, or Designer Physique performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or the amount of income expected from this affiliation.
16. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power require the approval or consent of no other persons; and neither violates nor constitutes a default under the provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or the terms of any other agreement, document or instrument applicable to you or binding upon you.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for you and not generally available to other members of the Affiliate Program, business and financial information relating to Designer Physique, customer and vendor lists relating to Designer Physique, and pricing and sales information for Designer Physique and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DESIGNER PHYSIQUE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.