All Digestinol affiliates ARE prohibited from using our url, WWW. digestinol.com or our Brand Name; "Digestinol "in their PPC campaigns and as keywords on their site separately or in combination with any other words. Example; Using the words Digestinol + the words; coupon or discount or discount coupon is NOT allowed. Using our trademark name DIGESTINOL and any other combination of words is NOT allowed. Use will be in violation of our program agreement and will lead to reversal of past month sales and removal from the program.
Digestinol respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about your privacy rights, contact us at CustomerCare@Digestinol.com
The following agreement is summarized as follows:
"Performance Marketing" occurs when e-businesses ("Merchants") and individual web sites that generates their own traffic ("Affiliates") partner to drive traffic to the Merchant’s Web site and the Merchant pays a reward or bounty when the Visitor referral results in a sale, lead, click, or other measurable action.
"Affiliate" means a site that is rewarded for a legitimate sale, lead, click, or other measurable action by a Visitor.
"Merchant" means a Web site that pays a reward for a legitimate sale, lead, click, or other measurabel action by a Visitor.
"Visitor" means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate's Web site.
"sale commission" means the Payout the Merchant agrees to pay for Visitors referred to the Merchant's Web site that results 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 60 days. If a sale occurs after 60 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"lead commission" means the Payout the Merchant agrees to pay for Visitors referred to the Merchant's Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"click commission" means the Payout the Merchant agrees to pay for a valid click from an Affiliate Partner's site to the Merchant's site that results in the Merchant's Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.
"Payout" means the amount of sale commission, lead commission, or click commission established and agreed upon by the Merchant. The Payout may be expressed as a set amount or as a percent of sales.
"Commission" means the amount of sale commission, lead commission, or click commission established and agreed upon by the Merchant. The Commission may be expressed as a set amount or as a percent of sales.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, serves a Merchant's Web site to the Visitor's browser. The Link may be in the form of text, a product image, a button, a banner or any other format acceptable to the Merchant.
"VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant's may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
"Your Account" means a separate, specific account within the Service that is credited with Your Commissions and other earnings.
As an Affiliate of the this affiliate program, you may place and remove Merchant Links on Your site and in Your email messages at Your discretion.
You will receive a Commission for sending a Merchant authorized sales, leads, and/or clicks via Your Links. In order to place Links, You must first be approved by a Merchant to become an Affiliate of that Merchant’s program. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, 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.
CHANGES TO THE SERVICE
Digestinol 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, Digestinol will notify You via e-mail or newsletter 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 Digestinol and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN the Digestinol affiliate program: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to 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 Digestinol 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 Digestinol may rely on any data, notice, instruction or request furnished to Digestinol by You which is reasonably believed by Digestinol to be genuine and to have been sent or presented by a person reasonably believed by Digestinol to be authorized to act on Your behalf. You shall notify digestinol by e-mail at CustomerCare@Digestinol.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 shareasale.com and referral to the appropriate law enforcement agencies.
Links may not be placed in newsgroups, unsolicited e-mail, 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, leads, or clicks to the related Merchant for that Link.
Points or reward programs for click or lead programs are not allowed. Digestinol.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF the Digestinol affiliate program. If You are terminated from the Service, Digestinol 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.
LIMITATION OF LIABILITY
Digestinol OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS 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 Digestinol SERVICE OR ANY INFORMATION PROVIDED ON THE Digestinol 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 Digestinol OR A Digestinol 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, Digestinol'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 Digestinol, 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, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless Digestinol 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.
Digestinol 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 Digestinol's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
Digestinol acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. Digestinol 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 Digestinol, that becomes available to Digestinol from third parties without knowledge by Digestinol of any breach of fiduciary duty, or that Digestinol had in its possession prior to the date of this Agreement. Digestinol does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code. Any information we receive is used solely for tracking and Commission payment purposes. Digestinol reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Digestinol deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, 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 the Merchant’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.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges 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 the Merchant 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 the Merchant’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 the Merchant.
Digestinol makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non Digestinol.com Web site does not mean that Digestinol endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or Digestinol may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, pandemic or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Florida, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Florida, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.