Affiliate Terms And Conditions
To be an authorized affiliate of www.22daysnutrition.com (the “Site”), you agree to abide by the terms and conditions contained in this agreement (“Agreement”).
Please read this Agreement carefully before registering and using the www.22daysnutrition.com service as an affiliate. By signing up for the 22 Days Nutrition Affiliate Program (“the Program”), you indicate your acceptance of this agreement and its terms and conditions. This Agreement contains the terms and conditions that apply to an individual or entity's participation in the Program. As used in this Agreement, “we” or “us” means Co.Exist Nutrition, Corp, d.b.a. 22 Days Nutrition (collectively, referred to as “22 Days”) and “you” means the participant or affiliate (“Affiliate”).
We reserve the right to accept or reject any company requesting to be part of the Program. An Affiliate acts an Independent Contractor, meaning that no partnership, joint venture, or any other type of legal agreement is being created between us.
We will provide you with the procedures and links to use in linking to our Site. To ensure accurate tracking, reporting and commission accrual, we will provide you with special tagged link formats to be used in all links between your site and our Site. You must make sure these links are properly utilized. We will not be held liable for any failure by you to use the 22 Days links. Affiliates may only use click-overs from www.22daysnutrition.com generated links. Full transaction sales detected on any site are cause for immediate termination of all programs.
Use of Materials
We grant you a limited license to use certain of our proprietary graphic images and text, solely for the purpose of identifying your site as a participant in the Program and to assist in generating sales. We reserve and maintain all rights to the ownership and use of any graphic images and text, any other images, and other intellectual property, including our trade names and trademarks.
All materials, articles or documents physically printed or published through the internet using the 22 Days logo or the words "22 Days" that have not been directly published on our site or through the Affiliate Program MUST be approved by 22 Days in writing.
We will pay commissions on orders that are placed on a click through from your site, including any extra sales as a result of that click through. Commissions will only be paid after an order is fully processed and paid. You will earn % on all referral sales of the total qualifying revenue, which excludes costs for shipping, handling, tax, returns and bad debt. Any customer returned products will be deducted from the next check. Checks will be sent out quarterly, unless the total of the commissions is more than $100.00 in one month.
You are responsible for ensuring that your Affiliate link is set up properly so that we can track your commissions. If you do not set up your account correctly (i.e. proper email address, proper physical address, etc.) we cannot be responsible for paying you. We also will only pay you commission for sales coming through the Program. If a buyer returns to our site through another Affiliate’s link, you have no right to commission on that subsequent sale; you can only earn commission on sales from buyers using your unique affiliate link code.
Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and fulfillment. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through the Program will be deemed to be our customers. All rules, policies, customer service and product sales will apply to those customers. We may change our policies and procedures at any time and prices and availability may vary.
Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any time without notice. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our provision of a change or new Agreement will constitute acceptance of the change.
Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of 22 Days trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. All commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid.
Compliance with Laws and Regulations
Products marketed and sold by us include products which are regulated by the Food and Drug Administration. Affiliates must comply with all applicable laws and regulations pertaining to the labeling, marketing, advertising, and sale of products regulated by the Food and Drug Administration, including, but not limited to, the fact that food, beverage, and dietary supplement products may not be marketed, advertised, or sold with the intent to diagnose, treat, cure or prevent any disease. Failure to comply with the applicable laws and regulations pertaining to the labeling, marketing, advertising and sale of products regulated by the Food and Drug Administration may result in termination of this Agreement and could subject you to regulatory action and civil liability. Affiliates, upon request by us, must produce, for review, any marketing or advertising materials used to promote any products through the Program.
You agree to indemnify and hold us, our directors, officers, employees, and agents harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your participation as an Affiliate in the Program or your breach of this Agreement.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products 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). 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. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.
This Agreement will be governed by the laws of the United States and the State of Florida. Any action relating to this Agreement must be brought in the federal or state courts located in Miami Dade County, Florida, and you consent irrevocably to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Our company has zero-tolerance toward SPAM and toward any Affiliate associated with SPAM. The accounts of Affiliates who are associated with SPAM will be terminated immediately once verified and all commissions or monies we owe you will be canceled immediately. We also report SPAMMERS to Federal Trade Commission (FTC). In short, we do not take SPAMMING lightly and we will not tolerate 22 Days being used for SPAM. If there are fines or any other liabilities incurred because you are SPAMMING using 22 Days name or materials, you will be liable for 100% of those damages and legal fees we incur because of them. We define SPAM by the same terms set out in the Federal CAN-SPAM act.