You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. Affiliate Program Agreement This agreement is a binding, legal contract between you, the Affiliate and our business, R&D Enterprises Group, LLC, hereinafter referred to as the Company. Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You will be asked to submit a W8/W9 tax form. This affiliate program agreement protects you and your affiliate program from legal issues and gives you all the protection you need to run your program smoothly and legally. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Leave a Reply. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart. If we do so, you will be notified. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. You may only earn payouts as long as you are an Affiliate in good standing during the term. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company. This will likely be where the company is organized or incorporated. An affiliate agreement is a marketing or referral program where the affiliate receives payments from the merchant company running the scheme if web users visit a website, register with a website, make a purchase with a website, or takes some other action (eg Amazon affiliate program). A referral fee agreement is between an affiliate that “refers” sales or services to a company in exchange for compensation. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP"). In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes. b) You, the Affiliate: You will be referred to as the "Affiliate." This affiliate marketing agreement is between Lark Wellness LLC (the "Company"), and you, the individual or entity signing up to become an affiliate (the "Affiliate").. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. For any questions or concerns, please email us at the following address: ________. f) Website: The primary website we've noted above will be referred to as Website. After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment). For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. You agree that your participation in the Affiliate Program is at your own risk. … We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner. The agreement is a contract between the two parties. Leads may also be included in the agreement, for example, if the affiliate refers e-mail addresses to the company they may be able to receive compensation. Paid Order " means an order for which the Owner has received and processed payment, less the cost of returns and charge backs the Owner incurs on any of the Affiliate's referred customer orders. 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