The Affiliate Program of DrGoldson.com is as follows, wherein the parties are the affiliate and DrGoldson.com. It is understood that the affiliate is referred to as ‘Company’ or ‘person’ and DrGoldson.com as the owner of the program.
The Parties agree to the following:
1.The referral fee shall be calculated as 20 percent (20%) of the net value from the sale order by a client as a direct result of a referral. The net value shall exclude value-added sales tax, shipping charges, refunds and payments not honored by a financial institution. The referral fee will be paid as long as the client sale transaction is honored by his or her banking or credit institution.
2. Upon reconciliation of referral fees due, DrGoldson.com shall issue payment to the Company or person within thirty (30) days from the day the customer’s transaction is paid by his or her banking or credit institution. Payouts are made on the 15th of each month for the previous month's commissions (i.e. payment for January commissions will be paid on February 15th).
3. Placement of advertisements and branded referral methods for DrGoldson.com are at the sole discretion of the Company. However, in order to solicit sales, the Company shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by DrGoldson.com unless authorized in writing by DrGoldson.com
4. The Company may make use of DrGoldson.com’s trademarks for the sole purpose of promoting DrGoldson.com and its goods. Any such use shall be in accordance with DrGoldson.com’s trademark policies. It is expressly understood that this referral agreement does not grant the Company any interest in DrGoldson.com’s trademarks or any other intellectual property rights.
5. The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this referral agreement and at no time may the Company position itself as affiliated to DrGoldson.com, except as an independent referrer. In view of this independent relationship, the Company shall not enter into any agreements on behalf of DrGoldson.com or its brands, shall make no warranty either expressed or implied on behalf of DrGoldson.com and shall not incur any expenses on behalf of DrGoldson.com.
6. This referral agreement does not grant exclusive rights to the Company to act as the referrer on behalf of DrGoldson.com and the Company shall have no rights under any other agreements entered into by DrGoldson.com with other Companies.
7. The Company agrees not to disclose any confidential information pertaining to DrGoldson.com goods nor that of prospective or existing customers to any third party. The Company may do follow-up inquiries with its referred customers to confirm their purchase and to gather feedback about their experience with DrGoldson.com’s goods as supplied.
8. Either party may terminate this referral agreement at any time by giving the other party ten (10) business days prior written notice. Upon termination, by either party, all outstanding referral fees due to the Company or person at that time shall be settled in full within thirty (30) business days.
9. Each party shall indemnify, defend and hold the other party (and any other relation to the other party) harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other activity related to this agreement.
10. This agreement constitutes the whole agreement between the parties and any alteration must be in writing and signed by both parties.