Physicians
Select Herbal Supplement Affiliated Terms and Conditions
Order processing - Physicians Select
Herbal Supplements will be responsible for providing all information
necessary to allow the affiliate to make appropriate links from the
affiliate website to www.physiciansselect.co.uk.
Physicians Select Herbal Supplements 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. Physicians
Select Herbal Supplements is 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 the www.physiciansselect.co.uk
website are properly formatted. If there are any questions or concerns
regarding links to www.physiciansselect.co.uk
website affiliates should contact the affiliate program for confirmation.
Affiliate fees - Physicians Select
Herbal Supplements offers the most generous payouts in the industry.
individuals receive 20% commission on all orders including refills.
Second tier orders (orders coming from affiliates that have signed up
under your account) are paid a 5% commission on each order including
refills.
Average commissions range between $5.80 - $69.80 per order secondary
to individuals ordering multiple supplements at the same time.
Only qualifying products that are sold by and for
which Physicians Select Herbal Supplements has 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. Physicians Select Herbal Supplements
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.
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 Physicians Select Herbal Supplements .
Policies - any individual that
purchases a product through this program is deemed to be a customer
of Physicians Select Herbal Supplements. The affiliate does not have
the authority to make or accept any offer on behalf of Physicians Select
Herbal Supplements. All Physicians Select Herbal Supplements policies
concerning customer orders, including product availability, pricing
and customer service, will apply to these customers. Physicians Select
Herbal Supplements 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 Herbal Supplements 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 Herbal Supplements is not responsible for any misrepresentations
of the supplements line. Affiliates are not to make any false claims
concerning the benefits of Physicians Select Herbal Supplements to the
customer. Affiliates should refer to the content provided on the www.physiciansselect.co.uk
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 Herbal Supplements
cannot guarantee the availability or price of any particular supplement.
Website service interruption -
Physicians Select Herbal Supplements 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 Herbal Supplements 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
Herbal Supplements 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
Herbal Supplements 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 Select
Herbal Supplements reserves 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 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 Herbal Supplements
affiliate program will constitute a binding acceptance of any changes.
Relationship of parties - affiliates
and Physicians Select Herbal Supplements 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 www.physiciansselect.co.uk
website.
Limitation of liability - Physicians
Select Herbal Supplements 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 Herbal Supplements
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
Herbal Supplements makes no express or implied warranties or representations
with respect to our supplements or other items sold through Physicians
Select Herbal Supplements (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 Herbal
Supplements 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 Herbal
Supplements its officers, physicians, 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 Herbal Supplements (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.
The above Terms and Conditions contains
the complete terms and conditions that apply to your participation as
an affiliate of www.physiciansselect.co.uk.
As used in this Agreement, "we" or "us" means Physicians
Select Herbal Supplements, "you" or "your" or "our"
means the applicant.
This is a legal agreement between
the affiliate and Physicians Select Herbal Supplements. Affiliates by
clicking on the Submit button at the end of the Affiliate registration
you are stating that you have read and comprehend the terms set forth
in Terms and Conditions. In addition, Affiliates are indicating your
acceptance of the Terms and Conditions of the Physicians Select Herbal
Supplements and you agree to be bound
by the terms hereof.
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 www.physiciansselect.co.uk
. Physicians Select 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. Physicians Select is 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 the www.physiciansselect.co.uk
website are properly formatted. If there are any questions or concerns
regarding links to www.physiciansselect.co.uk
website affiliates should contact the affiliate program for confirmation.
Affiliate
Fees - unique from most affiliate programs
Physicians Select pays affiliates 20% of the product price on both the
original order and on all refills. In addition, we pay an additional
5% of the product price on second tier sales (those individuals that
sign up for the Physicians Select Affiliate Program under you). Only
Qualifying Products that are sold by and for which Physicians' Select
has received full payment will qualify for a referral fee. A 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. Physicians
Select 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.
If an affiliate fee qualifying product is later returned by the customer,
or there is a chargeback by the customer, Physicians' Select reserves
the right to deduct the affiliate fee from the affiliate's next months
payment.
Qualifying
Products - include the following: Male Libido Capsules, Climax
Control Gel, Female Libido Capsules, Female Sexual Enhancement Gel,
Breast Enhancement Capsules and Cream, HGH Capsules and Spray and Weight
Loss Capsules, etc. Physicians Select 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 Physicians Select.
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 Selects policies concerning customer orders, including
product availability, pricing and customer service, will apply to these
customers. Physicians' select 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 Supplements
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
of Physicians' Select Supplements - Physicians Select is not responsible
for any misrepresentations of the supplements line. Affiliates are not
to make any false claims concerning the benefits of the Physicians'
Select Supplements to the customer. Affiliates should refer to the content
provided on the www.physiciansselect.co.uk
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
interuptions.
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 Select reserves 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
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 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 hand or by (1) registered mail,
(2) FedEx or other similar overnight courier services, (3) telecopier
with machine printed confirmation report or (4) electronic mail to the
following addresses with reply confirmation (or to such other address
as the addressee shall notify in writing to the other party):
Physicians Select
8060 A1A
Melbourne Beach, Fl 32951
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.
Governing
Law - the Terms and Conditions will be governed
by the laws of the United States without reference to rules governing
choice of laws. Any action relating to the Terms and Conditions must
be brought in the federal or state courts located in Florida and you
irrevocably consent to the jurisdiction of such courts. Affiliates may
not assign the Terms and Conditions, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, the
Terms and Conditions will be binding on, inure to the benefit of and
be enforceable against the parties and their respective successors and
assigns. Physicians' Select failure to enforce your strict performance
of any provision of the Terms and Conditions will not constitute a waiver
of our right to subsequently enforce such provision or any other provision
of the Terms and Conditions.
The
above Terms and Conditions contains the complete terms and conditions
that apply to your participation as an Affiliate of
www.physiciansselect.co.uk. As used in this Agreement, "we"
or "us" means Physicians' Select, "you" or "your"
or "our" means the applicant.