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| This Agreement contains the terms and conditions agreed upon between you (Affiliate Website, Affiliate, Associate, or Member, Premier Program) and eAntiAging Inc. (eAA Inc.) with respect to eAntiAging Inc servicing as your provider for nutritional supplements and health products, (collectively referred to herein as health products). |
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1. REFERRAL FEES eAntiAging Inc. operates a worldwide network, eAntiAging.com (eAA.com), on the Internet, giving members and affiliates the chance to earn global referral income. Consumer buying habits continue dramatically to shift to Internet purchases. eAntiAging.com will provide the world with the latest scientific and medical research along with suggestions on how to deter the aging process. All Members will be eligible to participate in eAA Inc.'s referral program and receive store and cash credits. When your friends become Members of eAntiAging.com and tell us you referred them, we'll pay you 10 - 15 percent on their purchases. Best of all, these referral fees never come out of your friends pockets. We pay it to you as our way of saying "thanks!" 2. DEFINITIONS OF AN AFFILIATE Affiliates are members of eAA Inc. as defined in section 3 below who have agreed to the Affiliate Policies and Procedures Agreement with the purpose of earning referral fees from customers they refer to eAntiAging.com (eAA.com). Affiliates include, but are not limited to, Members with or without a website, and Members who choose to be in the Associate Program (ASP) and have a gateway web page (GW). Not all members are Affiliates but all Affiliates have to be Members. 3. BECOMING AN AFFILIATE Prior to becoming an affiliate, you must first become a Member of the eAA.com community, which is FREE. To become a Member, you must complete the membership registration process on the eAA.com website. All members must annually renew their membership when it expires. By signing onto eAA.com and completing the membership registration process, you are indicating your agreement to be bound by the terms and conditions as set forth and posted in various policy statements of eAA Inc., including but not limited to the eAA Inc. General Disclaimer, eAA Inc. Privacy Policy,and the eAA Inc. Terms of Service and Conditions (TOSC). You may purchase products directly from eAntiAging Inc. and may receive a number of additional benefits such as eAA Inc. credits. You are not authorized to market or resell eAA Inc. products. When you have successfully registered with eAA Inc. as a Member, you can start making referrals and start earning referral credits provided that the friends you refer clearly identify you as their referring source by inputting your correct email address under the box marked "Referred By" in the eAA.com website. At any time you may become an Affiliate by going to the Affiliate section of the Website and following the instructions. All credits earned, as a member, will remain in your member account. All credits earned, as an Affiliate, will remain in your Affiliate account. Additionally you must signup at least on Associate and generate at least $1500 of sales in one calendar month. 4. INDIVIDUALS AND CORPORATIONS, TAX EXEMPT ENTITIES AND TRUSTS eAntiAging Inc. will only accept, as members, individuals or entities that fall into one of the following categories:
5. MEMBERS AND AFFILIATE IDENTIFICATIONS You may not use or submit to eAntiAging Inc. any e-mail other than your own e-mail address. 6. PROPER INFORMATION eAntiAging Inc. will not be responsible for loss of referral fees due to:
7. ESTABLISHING AFFILIATION ON YOUR SITE Once you have successfully become a Member of eAA Inc., you may start the process of referring customers to eAA.com and start earning referral credits. You may also start establishing your site as an Affiliate Site. If you do not have a website, you have the option of having eAA Inc. build one for you at a minimal charge. You are responsible for setting up the links properly in accordance with our instructions on Links for your Site. You may not use personal images to represent eAA.com or other banners without the written consent of eAA Inc. You may display our banner or search engine graphic on your home page. You may do this at your discretion by choosing from the images and coding provided on our Links for your Site. 8. ORDERING We will process orders placed by customers who follow special links from your site to eAA.com. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for order processing and fulfillment, including preparation of order forms, processing payment, cancellations, returns, and customer service. We will track sales made to customers who purchase health products using special links from your site to eAA.com. A report summarizing all purchase activity is available on line for your tracking. Once a customer places an order through an Affiliate Site, a unique tracking code will be assigned to that customer so referral fees on all future sales from that customer (including internet, mail order and phone sales) can be paid to the Affiliate Site. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and eAA.com are properly formatted. eAntiAging Inc. encourages you to order early in the month. All orders are credited to the calendar month in which they are received. All orders must be in an approved payment method such as Visa, MasterCard, American Express or Discover. Orders for products will usually be processed by eAntiAging Inc. in a timely manner of receipt. Shipment will be by best available common carrier. Orders placed during the last week of the month may be delayed due to the large volume of orders received at the end of the month. 9. CUSTOMER SATISFACTION GUARANTEE If for any reason a Member or Affiliate is not completely satisfied with any eAntiAging Inc. product, then eAntiAging Inc. will credit, or replace it in accordance with the return policy postmarked within 30 days of shipping by the Member or Affiliate. Unless you request otherwise, eAntiAging Inc. will credit your eAA Inc. account for the purchase price of the returned product less any fees mentioned is this Agreement. This credit can be redeemed for eAntiAging Inc. products at any time. If your account has been inactive for a period exceeding 24 months, all unredeemed credit will be considered abandoned and will be forfeited. eAntiAging Inc. may, but is not obligated to, make an effort to locate you and advise you in writing of the credit on your account. eAntiAging Inc. may make this effort and continue to make such attempts on a periodic basis, including monthly reminders. eAntiAging Inc. may charge your account a service fee for each notification process so delivered. 10. REFERRAL FEES DEFINITION Members and Affiliates who refer others are eligible to receive cash credits if their referrals make purchases. When Member referrals make a purchase, Members will receive cash credits in their account, which can be used to purchase products, or exchanged for cash. All Members, who are eligible to receive cash credits, are bound by and must agree to the Affiliate Policy & Procedures Agreement. You may receive referral fees based on net purchase amounts. Net purchase is defined as the gross receipt less any special discounts. For a transaction to generate a referral fee, each transaction must be completed and paid for in full. The referral fee is paid as long as this Agreement is in force. You are not entitled to, or earn, referral fees until you become a member, which is FREE. No referral fee is disbursed until you submit the necessary tax information required by law after agreeing to this APPA. When product is returned to eAntiAging Inc. for a refund, the referral fees attributable to that product may be deducted from your account. eAntiAging Inc. reserves the right to set aside a reasonable amount from your account as reserve for credit and cushion against unforeseen return . If your account does not have sufficient credit to cover the return, eAntiAging Inc. shall either bill you or deduct any future amounts owed from your future referral fees. 11. ACCOUNTING No accounting statement will be sent to you. You can access your account on line and print out your account status at anytime. We try to keep information up to date but no warranty is made that it is on real time basis. 12. POLICIES AND PRICING Customers who purchase through this program are deemed as customers of eAntiAging Inc. Accordingly, all eAntiAging Inc rules, policies, and operating procedures will apply to those customers. We reserve the right to change our policies, operating procedures, and prices at any time. 13. RETURN POLICY At eAntiAging Inc., we take pride in offering our valued customers the highest quality products to promote anti-aging health and lifestyle. We are so confident in the quality and efficiency of all our products that we offer an unconditional 100% satisfaction guarantee. If you are unhappy with the products you have purchased from eAntiAging Inc., call or email us. Simply return the unused portion within 30 days for a refund*. To return any product, follow these simple steps:
eAntiAging Inc. *All returns are subject to a 20% return fee. Customers are responsible for postage on return items. eAntiAging Inc. will credit your account upon receipt of your return provided that the customer follows proper administrative procedures as outlined. 14. ERRORS OR QUESTIONS You should notify eAntiAging Inc. immediately of any errors or questions about return fees orders or charges. eAntiAging Inc. will correct any errors reported to it within 60 days, but eAntiAging Inc. will not be responsible for any errors, omissions or problems not reported within 60 days. 15. GENERAL PROMOTION You may promote eAntiAging Inc. in any legal and ethical manner you desire with permission, in writing, from eAntiAging Inc. No reproduction of eAntiAging Inc. literature or labels, in part or whole, is allowed. Reproduction of product labels is a violation of state law. Only original materials, as furnished by eAntiAging Inc., may be used. 16. LIMITED LICENSE We grant you a non-exclusive, revocable right to use the eAntiAging.com logo and its associated device, banners, and/or buttons provided for linkage and such other images for which we grant express permission, solely for the purpose of identifying your site as our Premier Program participant. You may not modify the banners, the message or any of our images in any way. We reserve all of our rights in the banners, the message, any other images, our trade names and trademarks and all other intellectual property rights. We may revoke your license at any time with or without notice for violating these rules. 17. RESPONSIBILITY FOR YOUR SITE You will be solely responsible for the development, operation, and maintenance of your site. You are responsible not only for the technical operation of your site but also all of your related equipment. You are also responsible for the accuracy and appropriateness of materials posted on your site and to ensure that such material does not infringe upon the rights of any third party including but not limited to copyrights and trademark rights. We disclaim all liability for these matters. Further, you hereby indemnify and hold eAntiAging Inc. harmless from all claims, damages and expense (including without limitation, attorney. s fees) relating to the development, operation, maintenance and contents of your site. 18. ONE AFFILIATE PER HOUSEHOLD IN REGARDS TO REFERRAL FEES Any individual in a household (same address) may become a member, however only one member in a household, which is designated as the Affiliate or Member, can earn referral fees. For purposes of clarity the first member to join in a household shall be considered as the Affiliate who receives referral fees, unless notified otherwise to eAntiAging Inc. Therefore, for example, if the wife is the first member, the husband may also be a member, however only the wife will receive referral fees. Should the husband, or any other member living at the same address, refer other members, only the first member shall be eligible to receive referral fees, and only if any referrals input the first members email into the proper location on the website. If a husband and wife who each hold memberships divorce, both may retain Affiliate rights and both are eligible to receive referral fees. It is the obligation of the divorced couple to advise eAntiAging Inc. and supply proper documentation. These instructions must be in writing, signed by both parties and include a certified copy of the court approval of the divorce decree or property settlement. If an Affiliate is in violation of this policy, eAntiAging Inc. will have the right, at its discretion, to suspend referral fees or disbursement of such fees until compliance with this policy. 19. CONDUCT OF HOUSEHOLD AFFILIATES If you or any member of your Household engages in any activity which would violate any eAntiAging Inc. policy, such activity will be decreed a violation. 20. INHERITANCE OF REFERRALS AND REFERRAL FEES A member may not inherit or will their referral interest or this Affiliate Agreement. 21. SALE OR TRANSFER OF REFERRALS AND REFERRAL FEES A member may not sell, assign, license, or transfer any part of their referral interest or this Affiliate Agreement. 22. REFERRAL TRANSFER A Member may change the person who referred them only during the calendar month in which the member enrolls. Thereafter, no member who enrolled (enrollee), who was referred by another Member (referee) shall transfer to a 3rd member (any member other than the original referee) unless the member (enrollee) has been inactive (receiving no referral fees) for a period of 6 consecutive months. 23. PROPRIETARY INFORMATION AND TRADE SECRETS By becoming a member or Affiliate of eAntiAging Inc., you acknowledge that all information, including names, addresses and telephone numbers of other members or Affiliates are eAntiAging Inc.'s proprietary trade secret information. You agree not to disclose such information to any third party. You acknowledge that such proprietary information is of such character as to render it unique and that disclosure or use thereof is in violation of this provision and will result in reparable damage to eAntiAging Inc. which will be entitled to obtain injunctive relief and/or to recover damages. 24. SELLING IN STORES You may not display or sell eAntiAging Inc.. s products in retail stores, except as approved by eAntiAging Inc. Such approval could include, but not limited to, Doctors, Chiropractors, and private clubs. 25. MEDIA INQUIRES It is eAntiAging Inc.'s policy to have a single spokesperson handling all inquiries from the media and all media relations. You may not, for any reason, discuss your membership with the media, or act as spokespersons for eAntiAging Inc. nor talk to the media regarding eAntiAging Inc., eAntiAging.com, or its products or services. It is a violation of this policy to provide any information to the media, regardless of whether the information is positive or negative, accurate or inaccurate. All inquiries from the media must be referred to eAntiAging Inc. 26. REFERRAL FEE CHECKS Referral fee checks will be mailed by eAntiAging Inc. approximately 15-30 days (the Payout Date) after the end of each calendar month for referral fees earned the previous calendar month. Our goal is to affect the Payout Date as close to 45 days after close of the previous month as possible but no warranty of this Payout Date is made herein. The exact date may vary due to holiday schedule and weekends and our workload. We reserve the right to change the Payout Date at any time. You expressly agree to waive any claim for late or delay payment if such is caused by administrative error, administrative overload, or mail delivery problems by 3rd party carriers such a the U.S. Post Office. A data processing fee of $5.00 will be automatically deducted from your check each time. For example, if your referral fee is $80, you will then be charged a $5 data processing fee and your net check amount would be $75. No checks will be issued unless the amount of the check exceeds U.S. $50 due to the administrative work involved. Checks under U.S. $50 will carry a surcharge of $ 2.00 per check, and your specific request, in writing, is required to issue such checks. For example, if your referral fee is $30 and you request, in writing, to have the check sent to you, you will be charged a data processing fee of $5 plus a surcharge of $2, totaling $7. Your net check amount would be $23 after you have given us written instructions to issue the check. All international checks will carry an additional $5 surcharge. Referral fee checks, which remain uncashed for more than 180 days, will not be honored. Affiliates who are in possession of uncashed referral checks which are more than 180 days old will be issued a replacement check only upon receipt of a written request from the affiliate to whom the original check was issued and a processing fee of $10 U.S. per check in addition to the normal data processing fee and/or any other applicable surcharges. Checks which are uncashed for more than 360 days will be considered abandoned and eAntiAging Inc. assumes no responsibility to re-issue replacement checks even when requested. 27. PURCHASES FOR OTHER PERSONS You may not order or pay for products for members without such members. express authorization. 28. RESTRICTIONS ON INTERNATIONAL MARKETING You are authorized and encouraged to refer potential members world wide through our website where permitted. You may not ship or sell eAntiAging Inc.. s products across any international border for the purpose of resale. You may not sell, give, transfer, import, export or distribute eAntiAging Inc. products or sales aids in any country where prohibited. 29. COMPANY NAMES, TRADEMARK, SERVICE MARKS AND TRADE NAME RESTRICTIONS You may not use, reproduce or disseminate the eAntiAging Inc. name or logo or any eAntiAging Inc. trademarks, service marks, or company names except in the use and dissemination of literature published and made available by eAntiAging Inc. and with the written approval from eAntiAging Inc. 30. RESTRICTIONS ON ADVERTISING You may promote eAntiAging.com website, however, you may not create, publish or distribute any literature, audio or videotapes, electronic media (including e-mail computer bulletin boards, Internet communications and telephone ads and messages) infomercial materials or merchandise representing eAntiAging Inc., its products, or services other than that which is provided by and listed on the current eAntiAging Inc. products price list and website. You may not use the services in any notice, display, advertisement or promotion, including, but not limited to, newspaper, magazine, radio or television advertisements or Internet sites. The display, advertisement or promotion of eAntiAging Inc. products, services or return fees at country fairs, craft fairs, business fairs, trade show, flea markets or any similar event, including the use of booths are prohibited unless prior written approval is obtained from eAntiAging Inc. 31. PRODUCT CLAIMS AND WARRANTIES Other than your own personal experience and testimonial, you may not make any product claims, weight loss or health benefit claims, or product warranties other than those published in official eAntiAging Inc. material. Claims relating to the diagnosis, treatments or curing of diseases by nutritional supplement is specifically prohibited. You hereby indemnify eAntiAging Inc. for all damages, losses, costs, and attorneys' fees incurred as a result of such action. 32. ETHICAL PRACTICES You shall not:
33. OBLIGATIONS OF AFFILIATES As a member of eAntiAging Inc. it is your responsibility to:
34. AFFILIATES ARE NOT CORPORATE REPRESENTATIVES You are not corporate representatives of eAntiAging Inc. and are not authorized to incur any debt, expense or obligation on behalf of or for eAntiAging Inc. nor bind eAntiAging Inc. to any agreement or contract. You shall not, in any way, be associated with eAntiAging Inc. other than as a Member and Affiliate of the website. You are not considered an employee, agent or sales representative for eAntiAging Inc. and are not allowed to represent the company in any form. 35. WAIVER The failure or delay of eAntiAging Inc. at any time to enforce any provision of the policies, rules and regulations will not affect the right of eAntiAging Inc. to enforce such provision or to exercise any right, power or remedy hereunder. Any waiver by eAntiAging Inc. or some breach of any provision of these policies, rules, and regulations should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right power or remedy hereunder. 36. CORRECTIVE MEASURES All of the policies and provisions in this Affiliate Policies and Procedures Agreement are material terms accrued to by all Affiliates. If you violate any of the terms and conditions of the APPA, or if you commit any illegal, fraudulent, deceptive or unethical business conduct, eAA may choose one or more of the following corrective measures:
eAntiAging Inc. has the right to withhold referral fees during the period that eAntiAging Inc. is investigating any alleged misconduct by you. If your membership is canceled due to a violation preceding the investigation, you will not be entitled to any referral fees withheld by eAntiAging Inc. during the investigation period. 37. FORFEITURE OF RIGHTS TO REFERRAL FEES So long as you are in compliance with all policies and the terms of the APPA, you will be paid referral fees in accordance with the referral fees plan. Your referral fees constitute the entire consideration for all of your efforts in referring customers, and your right to receive referral fees from eAntiAging Inc. constitutes the entire value attributable to you. Following an Affiliate. s resignation, cancellation, voluntary or involuntary, or death, the former Affiliate shall have no right, title, claim or interest to referral fees. The former Affiliate shall have no claim for compensation of referral fees stemming from sales generated within or by eAntiAging Inc. 38. TERMS OF AGREEMENT This agreement shall begin upon your acceptance of the agreement and continue for a period of 1 year unless either party gives written notice of intent to terminate. eAntiAging Inc. reserves the right to alter the content , policy, procedure, and administrative flow of this agreement by posting revised guidelines or terms on this site. You may terminate this Agreement by notifying eAntiAging Inc. if you disagree with said amendments. 39. MISCELLANEOUS The laws of the United States of America and the State of California shall govern the application of these provisions, disclosures and disclaimers and all other matters arising from your use of this Web site or of any information you obtain from eAntiAging.com. Any claims, disputes or other controversies relating to, or arising From these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from eAntiAging.com, shall be brought exclusively and resolved exclusively in the County of Los Angeles and resolved by arbitration in accordance to the rules formulated by the American Arbitration Association, with each party bearing its own expense and cost. You expressly consent to the exercise of jurisdiction over you by such arbitration proceedings. To the fullest extent permitted by applicable law, you Agree to waive your right to a jury trial with respect to any action brought under or in connection with this Agreement or any transaction with or involving this Website.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ATOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 40. AMENDMENTS TO REFERRAL FEES, POLICIES, AND PROCEDURES eAntiAging Inc. may, at its sole discretion, amend its referral fees schedule by posting the amended schedule on its website or by email notification. It is the responsibility and the burden of the Affiliate to visit the affiliate section of the eAA website and get the up to date information on the referral fee schedule and any amendments thereof. 41. DISCLAIMER By agreeing to this APPA, you also acknowledge and agree to be concurrently bound by the eAA Inc. General Disclaimer located at the home page of eAA.com. There are NO expressed or implied warranties or representations with regards to the affiliate program or any products or services sold through the program, including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage. We will use our best effort to maintain our site's functionality, however, technical difficulties may occur as a matter of fact and we will not be liable for the consequences of any such interruptions or errors. 42. ACKNOWLEDGEMENT You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time 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 as an affiliate in the Premier Program and are not relying on any representation, guarantee or statement other than as set forth in this agreement. |