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Affiliated Terms and Conditions
Order processing - Physicians Select will be responsible for
providing all information necessary to allow the affiliate to make appropriate
links from the affiliate website to http://www.physiciansselect.co.uk We
will be responsible for processing all of the orders from customers
who are referred by any affiliate links. Processing includes order entry,
payment processing, shipping, cancellations and/or returns including
any other related customer service. We are also responsible for
tracking and reporting all sales generated by their affiliates. The
method of reporting and the frequency of the reports may vary at our
discretion. The affiliate is responsible for making sure that all links
to our website website are properly formatted. If there
are any questions or concerns regarding links to the website
affiliates should contact the affiliate program for confirmation.
Affiliate fees - currently, we pay $15.00 for each
approved order, plus 5% of the medication price. Individuals will also
receive 2% of the medication price on all refills. In addition, we pay
an additional 2% of the product price on second tier sales (those individuals
that sign up for our affiliate program under you). Only qualifying
products that are sold by and for which we have received received full payment
will qualify for a referral fee. An affiliate fee will only be paid if
the visitor to the www.physiciansselect.co.uk site is tracked by the affiliate
software from the time of the link to the point of the sale. No affiliate
fee will be paid if the visitor to the www.physiciansselect.co.uk site cannot
be tracked by our system. We will send a referral fee check for
the applicable affiliate fees by the fifth day of each month for the activity
from the previous month.
Qualifying medications - include the following: Viagra,
Cialis, Uprima, Phentermine, Tenuate, Reductil, Xenical, Propecia, Zyban,
Aldara, Condylox, Diflucan, Acyclovir, Valtrex Zovirax, Retin-A, Renova,
Vaniqa, Allegra, Zyrtec. We reserves the right to add or delete
products at any time at our sole discretion as market conditions change.
Tracking of sales -
the affiliate will be solely responsible for ensuring that all links are
formatted properly so the affiliate can receive credit for all of his/her
sales. Reports of product sales activity will be provided to the Affiliate
in real time via a special URL unique to each affiliate. Affiliates may
include additional links, or remove such links, without prior approval
from us. Policies
- any individual that purchases a product through this program is deemed
to be a customer of Physicians Select. The affiliate does not have the authority
to make or accept any offer on behalf of Physicians Select. All Physicians Select policies
concerning customer orders, including product availability, pricing and
customer service, will apply to these customers. Eromeds is not responsible
for any representations made by the affiliate that contradict our policies.
No spam policy - the use of spam to promote Physicians Select is
not permitted. This includes unsolicited e-mail, the posting of advertisements
to newsgroups and/or discussion group web sites unless their rules expressly
state that advertisements are permitted.
Misrepresentation - Physicians Select is not responsible for any
misrepresentations of the supplements line. Affiliates are not to make
any false claims concerning the benefits of Physicians Select medications and/or
products to the customer. Affiliates should refer to the content provided
on our web site when drafting their content for
their marketing pages.
Pricing and availability - supplement pricing and availability
may vary during certain periods. Concerning any price discrepancies, the
price charged to the customer will always reflect the price listed on
www.physiciansselect.co.uk linked from your affiliate website. Physicians Select
cannot guarantee the availability or price of any particular supplement.
Website service interruption - Physicians Select makes every effort
to keep its website operational. However, technical difficulties, forces
of nature, etc. may result in temporary service interruptions. The affiliate
agrees not to hold Physicians Select liable for any consequences of any such interruptions.
Copyrighted and trademarked material - affiliates are
solely responsible for ensuring that your reviews, product descriptions
and articles (if applicable at your site) obey all applicable copyright,
trademark, and other laws. You must have express permission to use another
party's copyrighted material. Physicians Select will not be responsible if you
use another companies trademarked or copyrighted material in violation
any laws. Termination and default
- the term of this agreement will begin upon our acceptance of the affiliate
application and will end when terminated by either party. Either Physicians Select
or the affiliate may terminate this agreement at any time, with or without
cause, by giving the other party written notice of termination. In the
event either party fails in the material covenant, representation or warranty
made herein, such party shall be in default unless the failed performance
or violation is remedied within ten (10) business days, after receipt
of such notice of same from the other party, unless the breach is of such
a nature as cannot be cured in ten (10) business days, in which case the
cure does not apply. In the event of default, the non-defaulting party
may terminate this agreement and pursue such rights and remedies as may
be available at law or in equity including obtaining indemnification from
the party in breach for reimbursement of costs, claims and liabilities,
including reasonable attorney’s fees, incurred by reason of an actual
or alleged breach of a warranty, representation or covenant contained
herein Affiliates are only eligible to earn referral fees on sales occurring
during the term of this agreement. Modification
- Physicians Selectreserves the right to modify any of the terms and conditions
contained in this agreement at our sole discretion. Any changes i.e. addition
of new supplements, affiliate payments, program rules etc. to the terms
and conditions will be posted on the http://www.physiciansselect.co.uk website.
If changes to this agreement is not acceptable to the affiliate he/she
reserves the right to terminate this agreement. An affiliates continued
participation in the Physicians Select affiliate program will constitute a binding
acceptance of any changes.
Relationship of parties - affiliates and Physicians Select are
independent contractors. There is no entity in the Terms and Conditions
that would create any joint venture, partnership, franchise, agency, sale
representative, or other type of employment relationship between the two
parties. Affiliates have no authority to accept offers, make statements
or representation that are not outlined on the http://www.physiciansselect.co.uk
website. Limitation of liability
- Physicians Select will not be liable for any incidental, indirect, 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 the Terms
and Conditions or Physicians Select performance of services or of any other obligations
relating to the Agreement, even if we have been advised of the possibility
of such damages. In addition, our aggregate liability arising with respect
to the Terms and Conditions will not exceed the total commissions paid
or payable to you under this agreement. The foregoing limitation of liability
shall apply regardless of the cause of action under which such damages
are sought. Disclaimers
- Physicians Select makes no express or implied warranties or representations with
respect to our supplements or other items sold through Physicians Select(including,
without limitation, warranties of fitness for a particular purpose, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no representation
that the operation of our site will be uninterrupted or error-free, and
we will not be liable for the consequences of any interruptions or errors.
Representations and warranties - Affiliates hereby represent
and warrant to Physicians Select that this agreement has been duly and validly
executed and delivered by you and constitutes your legal, valid and binding
obligation, enforceable against you in accordance with its terms; and
that the execution, delivery and performance by you of this agreement
are within your legal capacity and power; have been duly authorized by
all requisite action on your part; require the approval or consent of
no other persons; and neither violate nor constitute a default under the
(i) provision of any law, rule, regulation, order, judgment or decree
to which you are subject or which is binding upon you, or (ii) the terms
of any other agreement, document or instrument applicable to you or binding
upon you.
Notices - any notice
required or permitted hereunder shall be in writing and deemed validly
given if delivered by electronic mail to the following addresses with
reply confirmation.
Confidentiality - no public statements concerning the
existence or terms of the Terms and Conditions will be made or released
by either party except with the prior written approval of the other party.
However, this agreement is subject to the compliance with Court orders
from a Court of competent jurisdiction .
Indemnification - Affiliates hereby agree to indemnify,
defend and hold harmless Physicians Select its officers, directors, employees,
agents, affiliates, shareholders, successors and assigns, from and against
any and all demands, losses, liabilities, damages, claims, or expenses
(including attorneys' fees, costs, etc.) of any nature whatsoever incurred
or suffered by Physicians Select (collectively the "losses"), in so far
as such Losses (or actions in respect thereof) arise out of, are related
to, or are based on (1) any claim or threatened claim that our use of
the Affiliate Trademarks infringes on the rights of any third party; (2)
the breach of any representation or warranty made by you herein; or (3)
or any claim related to your site.
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