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This Affiliate Service Agreement (the "Agreement") is made by and between Sunn og Frisk AS. ("VHE"), and you, as an Affiliate utilizing the www.vitalhealtheurope.com (“VHE”) Affiliate Service ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before applying and using the Service as an Affiliate. By signing up for VHE’s Affiliate Service, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the VHE Affiliate Service.
VHE respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact info @ vitalhealtheurope.com.
"Performance Marketing" occurs when individual web sites that generate their own traffic ("Affiliates") partner with online Merchants ("Merchant")’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale.
"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales. Affiliates use VHE to facilitate relationships between VHE and Referrals as well as gain tracking, reporting, and receipt of commission payment.
"Referral" means anyu person or user that clicks on an Affiliate link to VHE and completes a purchase within 30 days..
"Visitor" means any person, or user that clicks on an Affiliate link to VHE’s Web site but does not complete a purchase within 30 days. "sale commission" means the Payout set by VHE and agrees to pay for Referrals generated by Affiliate that result in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"Payout" means the amount of sale commission VHE agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
"Commission" means the amount sale commission VHE agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to VHE’s website via redirection. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the VHE.
"VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by the VHE. VHE may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
"Your Account" means a specific account within the Service, where Commissions are credited.
VHE has developed and operates a service (the "Service") which allows Affiliates to participate in and earn commission from generating Referral sales for VHE.
As an Affiliate of the Service, you may place and remove VHE Links and Banners on Your site and in acceptable locations.
You will receive a Commission for sending Referrals to VHE via Your Links. In order to place Links, You must first be approved by a VHE to become an Affiliate. You understand that the Payout amount may be changed at any time. This information is also available to You at your VHE “My Account” Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from VHE. Payments are requested by you on VHE Web site and are made on the first (1st) day of the following month. Money credited to Your Account does not accrue interest. In the event of a VOID, VHE may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to VHE.
SERVICE AND SUPPORT
VHE will provide support for the Service as indicated on the www.vitalhealtheurope.com Web site.
VHE reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any VHE related products and services.
CHANGES TO THE SERVICE
VHE reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, VHE will notify You via e-mail, newsletter or the www.vitalhealtheurope.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
To sign up as an Affiliate of VHE and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN THE VHE AFFILIATE SERVICE: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide VHE with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that VHE may rely on any data, notice, instruction or request furnished to VHE by You which is reasonably believed by VHE to be genuine and to have been sent or presented by a person reasonably believed by VHE to be authorized to act on Your behalf. You shall notify VHE by e-mail at info @ vitalhealtheurope.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by VHE and referral to the appropriate law enforcement agencies.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to VHE.
Points or reward programs for click or lead programs are NOT allowed. VHE RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF VHE. If You are terminated from the Service, VHE has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join VHE.
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VHE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, VHE SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. VHE will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold VHE liable for any of the consequences of such interruptions. VHE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. VHE SHALL HAVE NO LIABILITY WITH RESPECT TO OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF VHE HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF VHE HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY VHE AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
VHE OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE VHE SERVICE OR ANY INFORMATION PROVIDED ON THE www.vitalhealtheurope.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF VHEOR A VHE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VHE'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that VHE, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You agree to indemnify, defend, and hold harmless VHE and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
VHE agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to VHE's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
VHE acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. VHE agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of VHE that becomes available to VHE from third parties without knowledge by VHE of any breach of fiduciary duty, or that VHE had in its possession prior to the date of this Agreement. VHE reserves the right to be able to utilize data collected in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as VHE deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use VHE provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the VHE, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain VHE’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. VHE may immediately terminate Your license to use the marks if VHE reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by VHE above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge VHE’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of VHE.
VHE makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-VHE Web site does not mean that VHE endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or VHE may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.