This Agreement contains the terms and conditions that apply to your participation as an Affiliate in the TestKitPlus.com Affiliate Program and to the setup of links from your affiliate website to our website, “TestKitPlus.com”. As used in this Agreement, “you” and “your” means the entity or individual applying to participate hereunder in the TestKitPlus.com Affiliate Program as an Affiliate, and “we”, “us”, and “our” refers to TestKitPlus.com.
This is a legally binding agreement. To apply to become an affiliate you will be asked to click a button labeled “Sign up.” If you agree to the terms, please click the button to continue. If you do not agree to the terms, please leave the page and the application process will terminate.
1. Enrollment in the Affiliate Program
To begin the enrollment process, you will submit a complete Affiliate Program application via our site. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. If we reject your application, you may reapply to the Affiliate 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 Affiliate Program, we may terminate this Agreement at any time with or without cause effective immediately upon notice to you.
2. Promotion of Affiliation
a. As an Affiliate Program member, we will make available to you a variety of links (“Links” or “Link”), which, subject to the terms and conditions of this Agreement, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Program and will establish a link from your site to ours.
b. Agreements Regarding Links: In utilizing the Links, you agree that each Link connecting users of your site to the relevant area of our site will in no way alter the look, feel or functionality of our site.
3. Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a Link from your site, for tracking the volume and amount of sales generated by your site. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
5. Commission Determination
Only products available for purchase on TestKitPlus.com that are (i) sold by us, (ii) purchased by users linking to our site from your site pursuant to a Link (“Linked Users”), (iii) shipped by us, and (iv) fully paid for will qualify for a commission. Commission rates will be based on the aggregate amount actually paid to us for Qualifying Purchases of the TestKitPlus.com Products, excluding amounts collected by us for sales taxes, duties, gift-wrapping, shipping, handling, and similar charges, amounts due to credit card fraud and bad debt, and credits for returned goods (“Net Sales”). Commission rate is 15% of Net Sales for all qualifying products. Commission rates may be increased at the sole discretion of TestKitPlus.com. Affiliate commissions may not be combined with other discounts such as coupons, drop ship and wholesale orders. TestKitPlus.com, at it’s discretion, may reverse any awarded commission.
6. Commission Payment
When the total commissions due to you exceed fifty Canadian dollars ($50.00 CAD), a PayPal payment in Canadian dollars will be sent to you for the applicable commission (less any taxes required to be withheld under applicable law). Such commission payments will be sent approximately thirty (30) days after the end of each month anniversary of the date hereof. If at the end of each month period your earned commissions are less than $50.00, such earned commissions will be held and accumulated until such time that the earned commission equals $50.00 or more at which point they will be paid as set forth above.
7. Reports of Sales
You will be given access to a password-protected site to receive your sales statistics.
8. Policies and Pricing
Customers who buy TestKitPlus.com Products through the Affiliate Program will be deemed to be customers of TestKitPlus.com. Accordingly, all of our rules, policies, terms and conditions and operating procedures concerning customer orders, customer service, and TestKitPlus.com. Product sales will apply to those customers. We may change our policies, terms and conditions and operating procedures at any time without prior notice. Prices and availability of TestKitPlus.com Products may vary from time to time. Accordingly, you may not include price information in your product descriptions. While we will use commercially reasonable efforts to present accurate information, we cannot guarantee the availability or price of any particular product.
a. We grant you, during the term of this agreement, a non-exclusive, non-transferable, revocable right to access our site through the links solely in accordance with the terms of this agreement for the sole purpose of promoting TestKitPlus.com products and linking your site to our site, where your users can purchase TestKitPlus.com products. We reserve all of our rights in the licensed materials. You are only entitled to use the licensed materials to the extent that you are a member in good standing of the affiliate program.
We reserve all of our rights in the licensed materials and any other materials we may provide to you. We may revoke your license at any time without prior notice you. b. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light.
10. Obligations Regarding Your Site
a. You 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 a part of our site, nor will you frame any page on the TestKitPlus.com site being viewed by a user of your site who links to the TestKitPlus.com site through a Link.
b. You represent and warrant that your site does not currently contain and will not contain any content, or links to any material that is in any way unlawful, infringing, harmful, threatening, harassing, defamatory, obscene, or violent.
d. You also agree that your site will not contain any content from our site or any materials that are proprietary to us or any of our affiliates except with our prior permission, or to the extent that materials are obtained by
you strictly in accordance with the provisions of this agreement. You further agree that your domain name does not and will not contain the words “Test Kit Plus”, “TestKitPlus.com” or any variation thereof or misspelling.
11. Term of Agreement and Termination
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, without written notice of termination. You are only eligible to earn commissions on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related qualified purchases are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. Modifications may include, but are not limited to, changes in the scope of available commissions, commission payment schedules, payment procedures, payment percentages, 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.
Neither TestKitPlus.com nor its suppliers makes any express or implied warranties or representations with respect to the affiliate program or to any TestKitPlus.com products sold through the affiliate program (including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, neither TestKitPlus.com nor its suppliers make any representation that the operation of the TestKitPlus.com site will be uninterrupted or error free, and neither TestKitPlus.com nor its suppliers will be liable for the consequences of any interruptions or errors.
14. Limitation of Liability
Neither TestKitPlus.com nor its suppliers will be liable for any direct, indirect, special, incidental, or consequential damages, or for any loss of revenue, profits, or data, arising in connection with this agreement or the affiliate program, even if advised of the possibility of such damages, and you waive all rights to any claims for any such damages. Further, the aggregate liability of TestKitPlus.com and its suppliers with respect to this agreement and the affiliate program is $0.00 CAD.
You agree to indemnify and hold harmless TestKitPlus.com and its suppliers, and their directors, officers, employees, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, (“Losses”) insofar as such Losses, or actions in respect of Losses, arise out of or are based on (i) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you, or (ii) any claim related to your site, including, without limitation, claims regarding content on your site.
16. Representations and Warranties
You represent and warrant to us that: (i) you have the right and authority to enter into this Agreement and perform your obligations under the Agreement; (ii) you are an adult of at least 18 years of age.
17. Uncontrollable Circumstances
TestKitPlus.com’s performance under this Agreement shall be excused to the extent that its performance is hindered, delayed or made commercially impractical by causes beyond its reasonable control.