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Affiliate Program Contract

Welcome to the exciting opportunity of integrating Valley Health Marketplace products into your website and earning commissions as an affiliate!

THIS AGREEMENT

(the “Agreement”) provides the terms and conditions of the relationship between:

 

Company:

Valley Health Acupuncture, a/an S-Corportation.

220 5th Ave Sw Albany Oregon 97321

State of: Oregon

Effective date:November 21, 2024

and

Affiliate:

 

WHEREAS,

the Company is the sole owner and operator of the Internet site (https://valleyhealthclinic.com/store/) known as (the “Site”); and

WHEREAS,

the Company has created a Program that enables Affiliates to refer internet traffic to the Site from the website(s) or advertising networks of others in exchange for agreed consideration; and

WHEREAS,

you are the sole owner of the website(s) [ Affiliate Web Address: ] known as (collectively, the “Affiliate Site”); and

WHEREAS,

you desire to participate in the Program, as evidenced by your application, which application the Company may approve or disapprove, at its sole discretion.

THEREFORE,

in consideration of the mutual promises herein, the Parties agree as follows:

 

Affiliate Responsibilities

It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws.

The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate's website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.

The Company reserves the right to accept or reject any prospective customers. It will pay the Affiliate a commission per customer sale using an affiliate code or by embedding company store or specific products into affilate website and according to a designated payment schedule.

I Agree

 

Nature Of Partnership

The Affiliate will act as an agent on behalf of the Company by placing links on their website(s) to direct traffic to the Company website(s) registered at (https://valleyhealthclinic.com/store/). In addition, the Affiliate shall coordinate with the Company to carry out successfully the marketing, publicizing, and promotion of the Company's products or services.

Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the company website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.

I Agree

 

Terms Of The Agreement

• The term of this Agreement will begin upon the Company's acceptance of the Affiliate's application.

• The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned through the date of termination will remain payable only if the orders for the related products and services are not canceled and comply with all terms laid out in this Agreement.

• The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred company in its sole discretion.

• Any Affiliate who violates either this Agreement or the Company's Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program.

• Without limitation, the Affiliate's participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate's violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.

I Agree

 

Confidentiality

The Affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company's prior written consent.

The Affiliate shall not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement without the Company's prior written consent.

The Affiliate's obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.

Confidential information does not include information that.is or becomes publicly known through lawful means;.was rightfully in provider’s possession or part of the Affiliate's general knowledge before the effective date of this Agreement; or.is disclosed to the Affiliate without confidential restriction by a third party who rightfully possesses the information

(without confidential restriction) and did not learn of it, directly or indirectly, from the Company. 

I Agree

 

Indemnification

The Affiliate hereby agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:

• Any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.

• Any claim related to the Affiliate's site, including, without limitation, its development, operation, maintenance,and content therein not attributable to the Company.

• Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.

I Agree

 

Enrollment In the Affiliate Program

To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to the Company. The Affiliate Program Application is included on the Company's website and can be completed and submitted through the site.

The Company will evaluate the application and notify the Affiliate of their acceptance or rejection. The Company may reject the application for any reason at their sole discretion.

Without limiting the ability to reject any application for any reason at the Company's absolute discretion, the Affiliate application will be rejected if:

• The application is incomplete.

• The Affiliate website contains images or content that promotes violence or discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age.

• The Affiliate website promotes illegal activities or is intended to harass or defame any person.

• The Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates the Company's intellectual property rights or the intellectual property rights of others.

If the Company rejects the Affiliate’s application, the Affiliate is welcome to reapply to the program at any time.

However, if the company accepts the application, they reserve the right to terminate the Affiliate’s participation in the program for any reason at their sole discretion immediately and without prior notice.

I Agree

 

Modification

The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules.

If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Company Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.

I Agree

 

Affiliate Payment

The Company makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate's site.

Commissions will be based on a set price, not including any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to the Company that is not the purchase price of the product.

The percentage paid as commissions is outlined in Schedule A (attached to this agreement). Payments are mailed on the (5th) day of each month OR when the Affiliate's account balance reaches $(100) or more for the previous month's transactions. The Affiliate understands that the Company may change the payout amount at any time.

The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.

I Agree

 

Severability

If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

I Agree

 

Applicable law

The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Albany, Oregon and the Affiliate irrevocably consents to the jurisdiction of such courts.

The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. The Company's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of the Company's right to subsequently enforce such a provision or any other provision of this Agreement.

 

Termination of agreement

Either the Affiliate or the Company may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. The Company may change the program or service policies and operating procedures at any time.

 

IN WITNESS WHEREOF

the Company has caused this Agreement to be signed by a duly authorized officer, and the Affiliate has affixed their signature hereto.

 

Entire Agreement

This Agreement sets forth the entire agreement and understanding between the Affiliate and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Affiliate and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.

 

First Affiliate Name

First Name*

Middle Name

Last Name*

Phone*
First Affiliate Date of Birth*
First Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
First Affiliate Signature*
Second Affiliate Name

First Name*

Middle Name

Last Name*
Second Affiliate Date of Birth*
Second Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Third Affiliate Name

First Name*

Middle Name

Last Name*
Third Affiliate Date of Birth*
Third Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Fourth Affiliate Name

First Name*

Middle Name

Last Name*
Fourth Affiliate Date of Birth*
Fourth Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Fifth Affiliate Name

First Name*

Middle Name

Last Name*
Fifth Affiliate Date of Birth*
Fifth Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Sixth Affiliate Name

First Name*

Middle Name

Last Name*
Sixth Affiliate Date of Birth*
Sixth Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Seventh Affiliate Name

First Name*

Middle Name

Last Name*
Seventh Affiliate Date of Birth*
Seventh Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Eighth Affiliate Name

First Name*

Middle Name

Last Name*
Eighth Affiliate Date of Birth*
Eighth Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Ninth Affiliate Name

First Name*

Middle Name

Last Name*
Ninth Affiliate Date of Birth*
Ninth Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Tenth Affiliate Name

First Name*

Middle Name

Last Name*
Tenth Affiliate Date of Birth*
Tenth Affiliate Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Affiliate Web Adderss *

Affiliate Tax ID *

Affiliate Company Name *
Affiliate Company a/an *
Individual
Corporation
Limited Liability Company
Other

Affiliate Company Street Address *

Affiliate Company City *

Affiliate Company State *

Affiliate Company Postal Code *

If you want your payments mailed to a different location, please enter it here.
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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