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Terms and Conditions
To be an authorized affiliate of Stress Free ADHD, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Stress Free ADHD service as an affiliate. By signing up for the Stress Free ADHD affiliate program, you indicate your acceptance of this agreement and its terms and conditions. If you have any questions regarding this agreement, please send us an email by clicking above on 'Contact Affiliates Admin' or call us at (866)411-2343 begin_of_the_skype_highlighting (866)411-2343 end_of_the_skype_highlighting. APPLICATION PROCESS-- To join the Online Affiliate Program of Healthcare Management Innovation Center and Stress Free ADHD, you need to submit an application through our website. We will evaluate your application in good faith and notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. AFFILIATE AGREEMENT-- THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HEALTHCARE MANAGEMENT INNOVATION CENTER. BY CLICKING ON THE "CREATE MY ACCOUNT" BUTTON AT THE END OF THIS AGREEMENT, YOU AGREE THAT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THE TERMS SET FORTH IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Overview-- This Agreement contains the terms and conditions that apply to an individual, corporation or organization joining the Healthcare Management Innovation Center (HMIC) Online Affiliates Program (the "Program"). As used in this Agreement, "we" means HMIC. You" and Affiliate means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to the Stress Free ADHD website, located at the URL www.StressFreeADHD.com, or to any site that you will link to our site (and which you will identify in your Program application). Representation of HMIC and Stress Free ADHD-- Affiliate agrees to represent HMIC and its products, in a professional manner. Affiliate hereby acknowledges that HMIC products, in particular, Stress Free ADHD, is not intended to take the place of prescription medicines, nor is promoted as a cure, or replacement for other sound forms of professional prescriptive advice from physicians and mental health professionals. It is offered only as a behavior management program incorporating an organized compilation of techniques, tools, and tactics used by various authors and industry professionals in the treatment and management of ADD and AD/HD. Therefore, the product carries no warranty, nor express or implied guarantee other than for informational purposes only. Link to Our Site-- If we accept your application, your web site will become an "Affiliate Site" of HMIC, which, subject to the terms and conditions of this Agreement, you may display as often and in as many areas on your Affiliate Site as you desire. As an Affiliate of the Program, you will have access to marketing resources and your own password protected account information at the Affiliate Center, located at http://www.StressFreeADHD.com/idevaffiliate/index.php. After you login to this site, you will be able to download HTML code and graphics for you to use on your web site and in emails. You may only use the HTML code and graphics provided by HMIC to link to the www.StressFreeADHD.com web site. The HTML code provided contains your unique affiliate ID that HMIC uses to keep track of your traffic and sales. We will not be liable to you for any lost commissions resulting from users following links outside the provided path. HMIC uses cookies and IP logs to track returning visitors. We may not be able (and will have no obligation) to track users who refuse the use of cookies, whose browsers do not support cookies, whose cookies are unusable (such as if the cookie file is edited or removed). Cookies and IP logs will automatically expire 30 days from the date they were set. Sales from a user any time during the 30-day period will be credited to your Affiliate Program Account. It is your responsibility to ensure that the correct tracking code is used on your web pages and in e-mail messages. You are solely responsible for all content and activities relating to your web site or e-mail messages sent containing your tracking code. We do not condone e-mail "spamming" or the use formally or informally of spyware or parasitic software and will cancel your participation in the affiliate program if you participate in these activities Even though you are a member of the HMIC and Stress Free ADHD Online Affiliate Program, you may not in any manner misrepresent or embellish the relationship between you and us, nor may you express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. The Design of Your Sites-- As a member of our Affiliate program your web site may not in any way copy or resemble the "look and feel" or "design and features" of our web site as to wrongly represent to users that your site is representing www.StressFreeADHD.com. Furthermore, you are prohibited in any way to create a misleading impression that your site is our site or a part of our site Full Cooperation-- You agree to fully cooperate with us to establish and maintain any links between the www.StressFreeADHD.com web site and your site. You also agree that the graphic images that you display pertaining to the www.StressFreeADHD.com web site, for use as a link or otherwise, will only be the graphic images that we provide to you at your Affiliate Center. If we update our graphics, you may need to replace our old graphics with the new ones. Maintaining Your Site-- HMIC has the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. Retail Pricing-- HMIC reserves the right to amend its suggested retail prices, promotional pricing, and/or offer from time to time various price changes, coupons or promotional special pricing, or any combination. HMIC agrees to inform affiliate of any such promotion or change to published price (that price offered through the web site, www.StressFreeADHD.com), at least 14 days prior to such promotion or price change. Affiliate agrees that it shall not offer for sale or actually charge a customer/patient a price that is higher than the price published on the www.StressFreeADHD.com web site at the time of offering or a price that is lower than the price published on the www.StressFreeADHD.com web site at the time of offering, without prior approval from HMIC. Rebate Schedule and Commission Payment-- HMIC will provide a rebate each quarter to the affiliate based on the net sales (total number of valid orders received from that affiliate minus returns and return processing). The amount of rebate will be based on the percentages (not the dollars) outlined below of the then current, published, retail price. The accounting period will be the fiscal, calendar year quarters of each year. HMIC will make a reasonable effort to calculate the total units sold by the affiliate during the month following each calendar quarter. Payment will be made within six (6) weeks following the end of each quarter. For calculations purposes, the total sales made to date within each calendar year will be the determining factor in calculating the rebate percentage of sales, with a year end adjustment being made in the rebate check representing the last calendar quarter of the year. Rebate Schedule for Affiliates who choose the Online option only Earnings* per unit will be: Units sold in one year by affiliate % of sale Standard ($279.95) Deluxe ($329.95) 1-3 units/yr 5% $14.00 $16.50 4-25 units/yr 10% $28.00 $33.00 26-50 units/yr 15% $42.00 $49.50 51+ units/yr 20% $56.00 $66.00 * Based on full retail price. Actual price and income may vary with promotions, discounts and returns. For the purposes of counting units sold within one year to determine rebate percentages, the affiliates sales year will start on the first of the month, of the month in which the first sale occurred. On the one-year anniversary of this date, affiliates yearly sales count will return to zero for the purposes of calculating rebate percentages. Taxes-- Affiliate agrees that they are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with their participation in the Stress Free ADHD affiliate program. NOTE: The IRS requires that a W9 be filed after $600.00 of commissions have been paid in a calender year. Once you have reached the $600.00 thresh hold a W9 must be filed with our company in order for us to release any commissions. Term of the Agreement-- The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Written notice can be in the form of mail, email or fax. You are only eligible to earn a rebate from sales occurring during the term of the Agreement, and rebates earned through the date of termination will remain payable only if the product is not returned. If this Agreement is terminated because you have violated the terms of this Agreement, you are not eligible to receive any commission payments, even for commissions earned prior to termination. Warranties and Disclaimer-- All materials are provided on as is and as available basis without warranty of any kind. HMIC excludes any warranties, express or implied, as to the availability, quality, timeliness, or performance for a particular purpose of any of the Affiliates Program or services available at www.StressFreeADHD.com. HMIC shall not be liable for any cost and expenses arising or in connection with any unauthorized use of your username or password or any other breach of security not attributable to us. Limitation Liability-- HMIC and www.StressFreeADHD.com takes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in this site or downloading of any materials, data, text or images from this site. HMIC does not accept any liability for any injuries, losses, claims, damages or any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the use of the www.StressFreeADHD.com site or for its Affiliate Program. HMIC does not guarantee the availability and/or quality of products and/or services, accuracy of information provided by third parties. Alteration-- We may modify, amend or alter any of the terms and conditions contained in this Agreement, at any time in our sole discretion. Notification to you of any change by e-mail or posting of a change notice on www.StressFreeADHD.com shall be considered sufficient notice to you of a modification to the terms and conditions of this Agreement. Indemnification and Hold Harmless-- Both parties hereby agree to hold the other harmless for any and all acts relating to the use and results from the use of the products supplied by company and used and/or resold by Affiliate. Company and Affiliate further hereby agree to cross indemnify the other for any real or perceived liabilities incurred in connection with the products, their use, and this agreement. Relationship of Parties-- Affiliate and Company are independent entities and have no fiduciary status with one another, other than by the terms of this agreement, nor is the relationship one of employee and employer, nor one of agent. Entering into this agreement in no way alters that status. Arbitration-- Any controversies or claims relating to any aspect of this Agreement, or to its breach, shall be settled by Arbitration under the rules of the American Arbitration Association per the rules of the State of Illinois. The laws of Illinois shall be deemed controlling as to all matters arising under this Agreement.
I have read, understand and agree to the above terms and conditions.
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