Terms
of Agreement
This
Agreement contains the complete terms and conditions
that apply to your participation as an Member of
PrescriptionProfits.com. As used in this Agreement,
"we" or "us" means PrescriptionProfits.com
, "you" or "your" or "our"
means the applicant.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND PrescriptionProfits.com
BY CLICKING ON THE "I AGREE" LINK AT THE
END OF THIS AGREEMENT YOU ARE STATING THAT YOU HAVE
READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND
ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND
YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
We
reserve the right to change these terms of service
at any time, without prior notification.
1.
Order Processing
We
will be responsible for providing all information
necessary to allow you to make appropriate Links from
your site to our site (s). We will process orders
placed by customers who follow the Links from your
site to the Member sites. We will be solely responsible
for all aspects of order processing and fulfillment,
including order entry, payment processing, shipping,
cancellations, returns and related customer service.
We will track the volume and amount of sales generated
by your site and will make reports, summarizing this
sales activity, available to you through our site.
The form, content, and frequency of the reports may
vary from time to time in our discretion. To permit
accurate tracking, reporting, and fee accrual, you
must ensure that the Links between your site and our
site are properly formatted.
2.
Payout System:
We
pay out 25% of the profit on every sale that
is "Shipped." Gross Profit is defined at
the Retail Price (selling) less the Wholesale Cost.
Wholesale Cost is always noted on our order tracking
system in the "Manage Items Section."
We
reserve the right to modify wholesale cost at any
time. An order is considered "shipped" when
the customer has paid in full and the package has
physically left the shipping facility.
We
pay exclusively by secure wire transfer, contingent
upon accurate wire data being supplied by the Partner.
Payments are issued weekly. The payment cycle ends
Wednesday at 11:59 PM. Payments can normally be expected
7-10 business days after the pay period cutoff, depending
on the communication between banks. Once our bank
has been notified of the partner payment, it is out
of our control.
There
is a minimum payout balance of $250 for payment to
be issued. If a balance is under $250, the balance
will be carried over to the next pay period. We reserve
the right to modify the minimum payment amount without
prior notice.
We
offer a second tier/referral commission. This system
pays a commission equal to 5% of the commission earned
by the referred party. We reserve the right to modify
the second tier/referral commission amount without
prior notice.
3.
Qualifying Products
Qualifying
Products are Phentermine, Meridia, Xenical, Ionamin,
Bontril, Retin-A, Renova, Valtrex, Viagra, Propecia,
Celebrex, Vioxx, Didrex, Tenuate, Prozac, Paxil, Sarafem,
Celexa, Ultram, Acyclovir, Vaniqa, Ortho Tri-Cyclen
and Zyban. PrescriptionProfits.com reserves the right
to add or delete products at any time at our sole
discretion as market conditions change.
4.
Tracking of Sales
The
Participant will be solely responsible for ensuring
that all links are formatted properly, a necessary
prerequisite to tracking such sales. Statements of
product sales activity will be provided to the Participant
in real time with a special URL that they are assigned.
You may add as many links, or remove such links, at
anytime and without prior approval from PrescriptionProfits.com
5.
Policies
PrescriptionProfits.com
policy applies to all orders: Every customer who buys
a product through this program is deemed to be a customer
of PrescriptionProfits.com The Participant does not
have the authority to make or accept any offer on
behalf of PrescriptionProfits.com All PrescriptionProfits.com
policies regarding customer orders, including product
availability, pricing and problem resolution, will
apply to these customers. PrescriptionProfits.com
is not responsible for any representations made by
the Participant that contradict our policies.
6.
Zero tolerance Spam Policy:
PrescriptionProfits.com is totally ANTI-SPAM!!!
PrescriptionProfits.com has a ZERO-TOLERANCE SPAM
Policy! You could be sued by us!
YOU MAY NOT Promote PrescriptionProfits.com with SPAM!
SPAM is defined as one or more commercial or noncommercial
unsolicited electronic messages. You may not reference
your PrescriptionProfits.com address in any unsolicited
electronic messages. You may not do anything that
would cause people to complain about your advertising
practices.
THIS INCLUDES SO-CALLED "TARGETED" MAILING
LISTS! IF YOU DO NOT RECEIVE EXPLICIT PERMISSION TO
SEND EMAIL TO *EVERYONE* ON YOUR LIST, THEN YOU ARE
IN VIOLATION OF THIS POLICY!
In other words, you may not cause any messages to
be sent to anyone unless they explicitly ask for said
message!
It is strongly suggested that you read the complete
Member terms and conditions.
Once you read the terms and conditions you will understand
that PrescriptionProfits.com may sue you and charges
may be lodged against you for fraud by sending spam
or breaking ny of the other terms of this agreement.
If your account is canceled for SPAM, your license
to promote PrescriptionProfits.com will be permanently
revoked and all commissions due to you will be forfeited.
NOW THAT YOU ARE AWARE THAT YOUR LICENSE TO USE THIS
SERVICE STRICTLY PROHIBITS THESE ACTIVITIES... IF
YOU BLATANTLY BREAK ANY OF THESE RULES, YOU MAY BE
SUED AND CHARGES
7. Pricing
and availability
Product
prices and availability may vary from time to time.
In case of any price discrepancies, the price charged
to the customer will always be the price listed on
PrescriptionProfits.com web page(s) linked from your
sponsoring website. We cannot guarantee the availability
or price of any particular Product.
8.
Copyrighted and Trademarked material
You
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. PrescriptionProfits.com will not be
responsible if you use another party's copyrighted
or trademarked material in violation of the law.
9.
Term of the Agreements
The
term of this Agreement will begin upon our acceptance
of your Member Application and will end when terminated
by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving
the other party notice of termination. Notice by e-mail,
to your address on our records, is considered sufficient
notice to terminate this Agreement. If this Agreement
is terminated because you have violated the terms
of this Agreement or if this Agreement is terminated
for any other reason, you are only eligible to earn
a referral fee on sales occurring during the term
of the Agreement, and referral fees 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
15 days to ensure that the correct amount is paid.
10.
Modification
We
may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion.
11.
Relationship of Parties
You
and PrescriptionProfits.com 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, whether on your site or otherwise,
that reasonably would contradict anything in this
Section.
12.
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 or PrescriptionProfits.com 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 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.
13.
Disclaimers
We
make no express or implied warranties or representations
with respect to the Product or other items sold through
PrescriptionProfits.com (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.
14.
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, 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.
15.
What Is Required From The Partner?
Partners
are required to enter a Federal Tax ID or Social Security
Number on the sign up form. We will register a 1099
for all U.S. domestic entities to whom we issue combined
yearly payments of $600.00 or more in accordance with
federal law. Failure to provide this information will
cause your payment to be delayed or withheld.
16.
Partner Members Must...
As
an Partner member you MUST agree to the following:
upon termination of an Partner's account, the Partner
member must immediately cease using our names, forms,
banners, buttons, popup consoles, images and representations
of us on their site.
17.
System Liability
Our
systems are responsible for tracking Partner accounts,
and is not liable for system downtime.
We
disclaim any and all liability with regard to the
operation of Partner sites. These sites are outside
of our control, and as such we cannot be held responsible
for their actions.
The
minimum age for participation is 18.
Our
service is made available to you "AS IS"
and "AS AVAILABLE," and we make no warranty
as to its use or performance.
The
potential Partner warrants that he or she has the
legal capacity to enter into a binding contract, and,
if appropriate, has the authority to bind his or her
principal or employers to the agreement
18. We Reserve The Right...
We
reserve the right to terminate any Partner for any
reason, including but not limited to, fraud or suspected
fraud. Fraud includes, but is not limited to, the
submission of unauthorized email signups, the creation
of new email addresses for submission by the Partner,
or changing HTML or other code related to the Partner
program.
Referring
a Partner who already exists in the Partner database
is prohibited.
Partners
will not receive referral commissions from referred
Partners who are terminated from the program for any
reason.
We
reserve the right to change the terms and conditions
of their Partner program without prior notice, including
the right to discontinue this program. In the event
that we discontinue the Partner program, it will pay
all Partners the balance of their accounts.
The
Partner agrees to defend, indemnify, and hold harmless
us and our directors, officers, agents, and employees
for any and all losses, costs, liabilities or expenses
(including, without limitation, reasonable attorneys'
and expert witnesses' fees) incurred or arising from
(a) any breach of Partner's Covenants, (b) any user-generated
content or (c) any claims arising from the sale or
license of goods or services promoted or made available
through the Campaign. Our indemnity rights shall not
be limited or offset by any contributory negligence
by us.
From
time to time we may send e-mail to Partners with regard
to system updates, promotions, or offers. Partners
agree to receive this e-mail by signing up for the
Partner Program. This e-mail is provided on an opt-out
basis -- a Partner can unsubscribe from receiving
these updates.
We
are not obligated in any way to reveal the reasons
for termination of referred Partners. We will not
release information on a Partner unless fraud and/or
abuse have been committed against a third party program.
The final decision regarding account status and information
will be made by us in the case of a request for information
by a third party program/venture.
19.
We Do Not Permit
Any
Partner who violates or infringes upon 3rd party copyright,
trademark, patent, or any intellectual property rights
will be terminated immediately. This includes, but
is not limited to, fraudulent activity against any
other program. Termination will result if you are
found to be profiting from the false submission of
names, using executable files to defraud other online
ventures, and/or if you are in any way committing
fraud against 3rd party companies.
Any
Partner found to have defrauded any other sponsor
will be terminated immediately.
We
do not tolerate spam by its Partners to generate subscribers
or Webmaster referrals. This includes, but is not
limited to, spam via email, instant messaging, ICQ,
chartrooms, message boards, and online forums. We
will not tolerate unsolicited advertising in any form.
Any member of the Partner Program involved in any
of these types of activity will be terminated. We
have strict anti-spam policies regarding Internet
programs.
Partners
may not keep a copy of any of the names or associated
data they generate through the program. We retain
sole and exclusive rights to this data.
We
deal primarily with a U.S. based clientele, so we
may require that a certain percentage of the targeted
audience be in the U.S. This is to help maintain our
high pay rate to webmasters, as well as provide quality
assurance for our clients.
We
do not allow adult-oriented sites into its network,
which includes, but is not limited to, pornographic
sites.
20.
Fullfillment & Billing Statements
All fullfillment of your services will be performed
through our partnersite ProMarketingUSA.com and all
marketing services billed and processed will reflect
a charge on your monthly credit card statement in
the name of PROMARKETING USA.
20.
Monthly Hosting:
Monthly
hosting fees of $9.95 will be automatically debited
to the payment method that you made this purchase
with. Monthly hosting is contracted on a month-to-month
basis and cancelable at any time prior to the first
of the month by providing written notice as outlined
below. Hosting fees may increase or decrease from
time to time depending on resources available. If
you wish to "lock-in" your hosting costs
you may prepay for up to 2 years in advance at the current
rate to avoid future increases.
21.
Cancellation
You
may cancel this transaction, without penalty or obligation,
within three business days from the actual date of
this transaction, or receipt of this notice, which
ever is later.
If
you cancel, any property traded in, any payments made
under the contract or sale, and any negotiable instrument,
executed by you will be returned within 10 days following
receipt by seller of your cancellation notice, and
any security interest arising out of the transaction
will be cancelled.
If
you cancel, you must make available to the seller
at your residence, in substantially as good condition
as when received, any goods delivered to you under
this contract or sale, or you may if you wish, comply
with the instructions of the seller regarding the
return shipment of the goods at the sellers expense
and risk.
If
you do make goods available to the seller and the
seller does not pick them up within 20 days of the
date of your notice of cancellation, you may retain
or dispose of the goods without any further obligation.
If you fail to make the goods available to the seller,
or if you agree to return the goods to the seller
and fail to do so, then you remain liable for the
performance of all obligations under contract.
To
cancel this transaction, mail or deliver a signed
and dated copy of this cancellation notice or any
other written notice, or send a telegram to PrescriptionProfits.com
<ADDRESS HERE> no later than midnight of the
third business day from the actual date of this transaction,
or receipt of this notice, which ever is later.
After
the third business day from the date of this transaction,
this transaction is non-cancelable, and setup fees
for the website are non-refundable. The monthly billing
for hosting and maintenance is cancelable at any time
prior to the first day of each month. Fees paid for
hosting are non-refundable.
22.
Indemnification
You
hereby agree to indemnify, defend and hold harmless
PrescriptionProfits.com its shareholders, officers,
directors, employees, agents, Members, successors
and assigns, from and against any and all claims,
demands, losses, liabilities, damages or expenses
(including attorneys' fees and costs) of any nature
whatsoever incurred or suffered by us (collectively
the "Losses"), in so far as such Losses
(or actions in respect thereof) arise out of, are
related to, or are based on (i) any claim or threatened
claim that our use of the Member Trademarks infringes
on the rights of any third party (ii) the breach of
any representation or warranty made by you herein
or (iii) or any claim related to your site.
23. Independent Investigation
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 OR OPERATE WEB SITES THAT
ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
24. Miscellaneous
This Agreement will be governed by the laws of the
United States and the state of Florida, without reference
to rules governing choice of laws. Any action relating
to this agreement must be brought in the federal or
state courts located Dade County, Florida, and Member
irrevocably consents to the jurisdiction of such courts.
You may not assign this Agreement, by operation of
law or otherwise, without prior written consent. Subject
to that restriction, this Agreement will be binding
on, inure to the benefit of, and enforceable against
the parties and their respective successors and assigns.
failure to enforce you strict performance of any provision
of this agreement will not constitute a waiver of
right to subsequently enforce such provision or any
other provision of this agreement.
25. Disclaimers
Prescription Profits makes no express or implied warranties
or representations with respect to the Member’s
business operations or the legality of such business
operations under local, state or Federal law. In addition,
Prescription Profits makes no representation that
the operation of Member’s site will be uninterrupted
or error-free, and Prescription Profits will not be
liable for the consequences of any interruptions or
errors.
26. Mediation
We will investigate and resolve any problems or discrepancies
pertaining to commissions, within thirty days of an
email notification to the company. If you have a problem
with your commissions, please notify us via email.
27. Non U.S. Members
Although we do not ship drugs outside the U.S., individuals
residing in other countries are welcome to join our
program. All payments will be made in U.S. dollars.
28.
Modification
We may modify any of the terms and conditions contained
in this agreement, at any time and in our sole discretion,
by posting a change notice or a new agreement on our
site. Modifications may include, for example, changes
in the scope of available referral fees, fee schedules,
payment procedures and program rules. Any substantive
changes ie. change of commissions will be made with
at least 14 days notice by onsite update of agreement.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING
OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
29. Reporting
We will provide you with a login to our web-based
administrative backend, which will permit you to view
your orders in real-time and run commission reports.
30. Term of the Agreement
The term of this agreement will begin upon our acceptance
of your Member application and will end when terminated
by either party. Either Member or Prescription Profits may
terminate this agreement at any time, with or without
cause, by giving the other party written notice of
termination. Additionally, if Member removes our
order links from Member's website(s) this shall
immediately terminate the agreement. Member is
only eligible to earn referral fees on sales occurring
during the term of the agreement.
31. Relationship of Parties
Member and Prescription Profits are independent contractors,
and nothing in this agreement will create any partnership,
joint venture, agency, franchise, sales representative,
or employment relationship between the parties. Member
will have no authority to make or accept any offers
or representations on our behalf. Member will not
make any statement, whether on Member’s site or
otherwise that reasonably would contradict anything
in this section.
32. Responsibility for Member Site - Member
will be solely responsible for the operation and maintenance
of Member’s site. Prescription Profits hereby disclaims
all liability. Further, Member will indemnify and
hold Prescription Profits harmless from all claims, damages,
and expenses (including, without limitation, attorneys'
fees) relating to the development, operation, maintenance,
and contents of Member’s site. Member is solely
responsible for any and all materials (including their
appropriateness and accuracy), sales, customer service
and returns for Member’s own site. Member is
solely responsible for ensuring that the materials
posted on its site do not violate or infringe any
third party’s rights, including, but not limited to
a third party’s copyrights, trademarks, privacy or
other personal or proprietary rights. Member is
solely responsible for ensuring that materials posted
on the site are not libelous or otherwise illegal.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PrescriptionProfits.com
BY CLICKING ON THE "I AGREE" LINK AT THE
END OF THIS JOIN FORM YOU ARE STATING THAT YOU HAVE
READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND
ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND
YOU AGREE TO BE BOUND BY THE TERMS HEREOF
Last Updated Aug 23, 2004
