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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.