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Just Between You & Us

Our affiliates are very important to us.  Therefore, we endeavor to treat you with the fairness and respect you deserve, the same way we want to be treated.  We simply ask the same consideration from 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 these necessary formalities.

If you have any questions, please let us know. We wholeheartedly embrace straight-forward and honest communication. For quickest response please contact us on our Secure Contact Form. You can also reach us via phone:

Healthy Regards,
William Sobieski (Mr. Bill)
Progesterone.com Affiliate Manager

New York: (212) 796-4343
London: 0207-0963-939

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Terms & Conditions

As an authorized affiliate (Affiliate) of Health Science, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement before registering and promoting Serenity Organics or elan organics as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission for products purchased by individuals referred to Health Science by your website, a link sent via email or personal referrals using your unique Affiliate ID number.

By applying for the Health Science Affiliate Program (Program), you consent to the terms and conditions of this Agreement.

Approval or Rejection of the Application

We reserve the right to approve or reject any Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.  This clause also protects your confidential information.

Commissions

Commissions are paid on retail sales only and will be paid once a month. For an Affiliate to receive a commission, your account must remain active with a minimum of one unit of cream purchased every 90 days.

You cannot refer yourself, and you will not receive a commission on your own account. One commission will be paid per order completed and will be calculated with the appropriate % for all items purchased in that order.  Should your account become inactive, commissions will not be disbursed for the months of inactivity.  To reactivate an account, simply order at least one unit and receive commissions from beginning that month.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be counted toward your commission.

• Commissions are set at a rate of 15% for all items purchased & paid at retail. Volume of 1-100 units per calendar month = 15% commission to you.
• Volume of 101-250 units per calendar month = 18% commission to you.
• Volume of 251 and above units per calendar month = 21% commission to you.

Shipping & handling charges do not earn a commission. After you have been an Affiliate for 30 days, commissions are awarded an increase on a sliding scale provided you meet the above minimums.  You will be able to review these milestones, once logged into your account.

Affiliate Links (Branding Matters!)

We provide graphic banners (creatives) and text links for your website, Social Media Account and within your email messages. You may also advertise the Health Science site in online and offline classified ads, magazines, and newspapers.

You may only use the graphics and text provided by us, that are harmonious with the Health Science brand.  If you wish to create your own graphic banners, you must use images, text and colors approved by Health Science.

Pay Per Click (PPC) Policy

PPC bidding is not allowed without a review of the terms by Health Science and subsequent written permission, prior to implementation.

The Alpha & the Omega

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by Health Science, as the need may arise.  If any modifications are not acceptable to you, you may terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any necessary updates.

Liability

Health Science will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Health Science. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

• Promotes sexually explicit materials
• Promotes violence
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promotes illegal activities
• Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
• Includes “Health Science”, “Serenity Organics”, “elan Organics” or variations or misspellings thereof in its domain name
• Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to others, at our sole discretion.
• Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
• 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 Health Science or any other affiliated business.
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. Health Science reserves the right to require license agreements from those who employ trademarks of Health Science in order to protect our intellectual property rights.
• Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Health Science, however, is acceptable.
• Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Health Science reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or any other reason that might jeopardize the trust of our customers and the stability of Health Science.

Indemnification

Affiliate shall indemnify and hold harmless Health Science and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Health Science to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Palm Beach County, Florida.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

The Miscellaneous 7

1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Health Science. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Health Science affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Health Science Affiliate Application. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

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