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Millennium Medical Group, Inc. Affiliate Program
Terms of Agreement
This Agreement contains the complete
terms and conditions that apply to your participation as
an Affiliate of Millennium Medical Group, Inc.. As used in
this Agreement, "our", "we" or "us" means Millennium
Medical Group, Inc., "you" or "your" means the applicant.
All fees and commissions are paid in US Dollars only.
THIS IS A LEGAL AGREEMENT BETWEEN
YOU AND MILLENNIUM MEDICAL GROUP, INC. BY CLICKING ON THE
"I AGREE" LINK AT THE END OF THIS AFFILIATE AGREEMENT YOU
ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS
SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF
THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE
TERMS HEREOF.
1.
Order Processing
We will be responsible for providing all information
necessary to allow you to make appropriate Links from your
site to our site(s). We will process orders placed by
customers who follow the Links from your site to the
affiliated sites. We will be solely responsible for
facilitating all aspects of order processing and
fulfillment and related customer service. We will track
the volume and amount of sales generated by your site and
will make reports, summarizing this sales activity,
available to you through our site. The form, content, and
frequency of the reports may vary from time to time in our
discretion. To permit accurate tracking, reporting, and
fee accrual, you must ensure that the Links between your
site and our site are properly formatted.
2.
Referral fees
We will pay you referral fees of $25(USD) plus 10% of the
Qualifying Product sale per new order and 10% of of the
Qualifying Product sale per refill order. Only Qualifying
Products that are sold by and for which Millennium Medical
Group, Inc. has received full payment will qualify for a
referral fee. A referral fee will only be paid if the
visitor to our site is tracked by the system from the time
of the Link to the time of the sale. No referral fee will
be paid if the visitor to our site cannot be tracked by
our system. Millennium Medical Group, Inc. will send a
referral fee check for the applicable referral fees on the
on the 20th day of each month for activity from the 1st
through the 15th of that month and on the 5th day of each
month for the activity from the 16th through the 31st of
the prior month, as long as the affiliate has earned a
minimum of $100 US dollars in commissions. If your
commissions are less than $100 US dollars, your
commissions will be allowed to accumulate until they a.)
exceed $100 US dollars or b.) Your account it terminated
as described in section 6. If a referral fee qualifying
product is later returned by the customer, its referral
fee will be deducted from the next monthly payment; the
Participant will be billed.
3.
Qualifying Products
Qualifying Products are all products currently listed on
the website www.mmg-md.com. This list of medications is
subject to change without notice. We will make
reasonable attempts to notify affiliates of any changes in
product line. In any event it is the affiliate’s
responsibility to periodically revue the current list of
medications and make appropriate changes to affiliate’s
website.
4.
Link Placement
The Participant may place links for any or all of the
products listed in the affiliate section. However,
for each product link placement, the proper links for
Female patients (when available), Male patients (when
available), refills and customer service contact links
must be present. Failure to provide proper links can
result in termination of affiliate account.
5. Tracking of Sales
The Participant will be solely responsible for ensuring
that all links are formatted properly, a necessary
prerequisite to tracking such sales. Statements of product
sales activity will be provided to the Participant on a
daily basis. You may add as many links, or remove such
links, at anytime and without prior approval from
Millennium Medical Group, Inc.
6.
Policies
Millennium Medical Group, Inc. policies apply to all
orders: Every customer who buys a product through this
program is deemed to be a customer of Millennium Medical
Group, Inc. The Participant does not have the authority to
make or accept any offer on behalf of Millennium Medical
Group, Inc. All Millennium Medical Group, Inc. policies
regarding customer orders, including product availability,
pricing and problem resolution, will apply to these
customers. Millennium Medical Group, Inc. is not
responsible for any representations made by the
Participant that contradict our policies.
No SPAM: SPAM (in any way, shape or form, including email
and newsgroup spamming) will result in immediate account
termination. All referral fees owed up to termination date
will be paid. YOU WILL NOT GET A SECOND WARNING CONCERNING
SPAM. ALL AFFILIATE ACCOUNTS ARE SUBJECT TO OUR
APPROVAL AND MAY BE TERMINATED AT ANY TIME, FOR ANY
REASON, AFTER NOTICE IS SENT TO THE EMAIL, FAX, OR POSTAL
ADDRESS AFFILIATE REGISTERED WITH US WHEN SIGNING UP FOR
AN AFFILIATE ACCOUNT.
7.
Pricing and availability
Product prices and availability may vary from time to
time. In case of any price discrepancies, the price
charged to the customer will always be the price listed on
Millennium Medical Group, Inc. web page(s) linked from
your sponsoring website. We cannot guarantee the
availability or price of any particular Product.
8.
Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews,
product descriptions and articles (if applicable at your
site) obey all applicable copyright, trademark, and other
laws. Millennium Medical Group, Inc. will not be
responsible if you use another party's copyrighted or
trademarked material in violation of the law.
9.
Term of the Agreements
The term of this Agreement will begin upon our acceptance
of your Affiliate Application and will end when terminated
by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving
the other party notice of termination. Notice by e-mail,
to your address on our records, is considered sufficient
notice to terminate this Agreement. If this Agreement is
terminated because you have violated the terms of this
Agreement or if this Agreement is terminated for any other
reason, you are only eligible to earn a referral fee on
sales occurring during the term of the Agreement, and
referral fees earned through the date of termination will
remain payable only if the related orders are not canceled
or returned. We reserve the right to withhold your final
payment for 15 days to ensure that the correct amount is
paid.
10.
Modification
We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion.
11.
Relationship of Parties
You and Millennium Medical Group, Inc. are independent
contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the
parties. You will have no authority to make or accept any
offers or representations on our behalf. You will not make
any statement, whether on your site or otherwise, that
reasonably would contradict anything in this Section.
12. Limitation of Liability
We will not be liable for indirect, incidental,
special, or consequential punitive or multiple damages,
including without limitation any damages resulting from
loss of use, loss of business, loss of revenue, loss of
profits, or loss of data, arising in connection with this
Agreement or Millennium Medical Group, Inc.'s performance
of services or of any other obligations relating to the
Agreement, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising
with respect to this Agreement will not exceed the total
commissions paid or payable to you under this Agreement.
The foregoing limitation of liability shall apply
regardless of the cause of action under which such damages
are sought.
13. Disclaimers
We make no express or implied warranties or
representations with respect to the Product or other items
sold through Millennium Medical Group, Inc. (including,
without limitation, warranties of fitness for a particular
purpose, 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.
14.
Representations and Warranties
You hereby represent and warrant to us that this Agreement
has been duly and validly executed and delivered by you
and constitutes your legal, valid and binding obligation,
enforceable against you in accordance with its terms; and
that the execution, delivery and performance by you of
this Agreement are within your legal capacity and power;
have been duly authorized by all requisite action on your
part; require the approval or consent of no other persons;
and neither violate nor constitute a default under the (i)
provision of any law, rule, regulation, order, judgment or
decree to which you are subject or which is binding upon
you, or (ii) the terms of any other agreement, document or
instrument applicable to you or binding upon you.
15. Indemnification
You hereby agree to indemnify, defend and hold harmless
Millennium Medical Group, Inc., its shareholders,
officers, directors, employees, agents, affiliates,
successors and assigns, from and against any and all
claims, demands, losses, liabilities, damages or expenses
(including attorneys' fees and costs) of any nature
whatsoever incurred or suffered by us (collectively the
"Losses"), in so far as such Losses (or actions in respect
thereof) arise out of, are related to, or are based on (i)
any claim or threatened claim that our use of the
Affiliate Trademarks infringes on the rights of any third
party; (ii) the breach of any representation or warranty
made by you herein; or (iii) or any claim related to your
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