Affiliate program - terms & conditions

 

This Agreement defines your relationship with eshoprx.com (herein after referred to as eshoprx.com). This Agreement contains the terms and conditions that apply to a party’s participation as an Affiliate in the eshoprx.com Affiliate Program (the “Affiliate Program”). As used in this Agreement, “we” means eshoprx.com and “you” means the applicant party. “Site” means a World Wide Web site and, depending on the context, refers to the eshoprx.com Web site or to the site that you will link to our site (and which you will identify in your Affiliate Program application).

  1. Enrollment in the Affiliate Program You will submit a completed Affiliate Program application to begin the enrollment process. Submission of your application for enrollment into the Affiliate Program implies acceptance of the terms & conditions of this Agreement. We will evaluate your application in good faith and notify you of its acceptance or rejection. In our sole discretion we may reject your application if we determine for any reason that your Site is inappropriate for the Affiliate Program. An inappropriate Site includes, but is not limited to, a Site that promotes: illegal activities; lewdness; obscenity; pornography; violence; or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Unsuitable Sites also include violate intellectual property rights of eshoprx.com. Also, we will reject your application if it is incomplete. If we reject your application, you may reapply to the Affiliate Program at any time. Until approved you shall not link to our Site unless you are approved for the Affiliate Program.

  2. Linking to the eshoprx.com Site from Your Site Once you have been approved into the Affiliate Program, you will be provided with links that connect your Site to areas within our Site using special URLs specified in the Affiliate Program (the "Links"). You may post as many Links to the Required URLs as you like on your Site. The position, prominence, and nature of Links on your Site shall comply with any requirements specified in this Agreement.

  3. Order Processing We will process orders placed by customers who Link from your Site to our Site in agreement with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products through a Link from your Site to our Site and you will be provided with reports summarizing this sales activity. The content and frequency of the reports may vary from time to time. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Site and our Site are properly formatted.

  4. Fee Schedule You will earn Fees based on the sale price of eshoprx.com products, according to fee schedules to be established by us. “Sale price” means the cost listed on the eshoprx.com Site and excludes costs for shipping, handling, and taxes. All percentages listed are of "Gross Receipts” for those sales of eshoprx.com products via a Link from your Site(s). "Gross Receipts" shall mean the revenues generated by all initial sales of eshoprx.com products to those customers who "clicked" a Link from your Site during the term of this Agreement, and then purchased eshoprx.com product(s) via eshoprx.com’s shopping cart, less refunds, returns, and charge backs and shall not include costs or revenues Affiliate Program with sales taxes and shipping and handling. Gross Receipts shall not include any other sale or service which eshoprx.com subsequently makes to such customer.

  5. Fee Payment The purchase price of qualifying Product will count toward the total sales during the calendar month in which such Product are sold. Only qualifying Product that is/are sold by eshoprx.com, shipped to a customer and for which eshoprx.com has received full payment for will qualify for a commission fee. eshoprx.com will send your payment 5th day of each month for the prior month’s transactions, when commissions earned exceed our $100 payment minimum. If commissions earned do not reach the $100 minimum, they are rolled over into future pay period until they exceed $100 at which time a disbursement is made into your account on file.

  6. Policies and Pricing Customers who buy products through this Affiliate Program will be deemed to be customers of eshoprx.com. Accordingly, all eshoprx.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time in a manner consistent with applicable law. For example, we will determine the prices to be charged in accordance with our own pricing policies. Product prices and availability may vary from time to time. The price of any product is subject to change at any time. We cannot guarantee the availability or price of any particular product.

  7. Terms of the Agreement The terms of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party in accordance with this Section

  8. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice of termination. We reserve the right to terminate your participation in the Affiliate Program at any time if we determine, in our sole discretion, that your Site is unsuitable for the Affiliate Program. Upon the termination of this Agreement for any reason, you must immediately cease use of, and remove from your Site(s), all links to our Site, and all other materials provided by or on behalf of us to you in connection with the Affiliate Program. You are only eligible to earn fees on Qualifying Sales occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event over payment is made by us, you agree to promptly remit such excess payment upon notification by us. We reserve the right to withhold your final payment for a reasonable time to ensure the correct amount is paid.

  9. Responsibility for Your Site You will be solely responsible for the development, operation, and maintenance of your Site and for all materials that appear on your Site. You hereby agree that your Site will not, in any way, copy or resemble the look and feel of our Site nor will you create the impression that your Site is our Site or is part of our Site, nor will you frame any page on our Site being viewed by a user of your Site who links to our Site through a Link. Additionally, you agree that you will not create an integrated shopping cart between our Site and your Site.

  10. Representations and Warranties This Agreement has been duly and validly agreed to and accepted by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You will comply with all applicable local, state and federal laws, statutes, orders, ordinances and regulations relating to performance of the Affiliate Program. You are an adult of at least 18 years of age. You will not make any statement, whether on your Site or otherwise, that reasonably would contradict anything in this Section. We may identify you or your Site as a participant in the Affiliate Program without providing you prior notice or obtaining your specific written consent. We may modify the graphic image or this notice from time to time.

  11. Disclaimers WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE AFFILIATE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, 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.

  12. 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 AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL MARKETING FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

  13. Indemnification You hereby agree to indemnify and hold harmless eshoprx.com and its subsidiaries and Affiliate Program s, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorney's 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 (i) any claim that our use of your trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to the operation of your Site.

  14.  Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Modifications may include, for example, changes in the marketing fee schedule, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. The laws of the Democratic Republic of INDIA and the state of New Delhi will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the irrevocably consent to the jurisdiction of the above court.

 
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