Home Made Medicine affiliate program agreement.

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the HMM Affiliate Program (the "Program"). As used in this Agreement, "HMM" means Home Made Medicine.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context refers either to the HMM site or to the site that you will link to our site. "Referring site" means the site of the applicant. "Product" refers to the items offered for sale by HMM. "Featured Items" and "Product Categories" and "Categories of Product" are specific products that can be linked directly from a referring site.

1.Enrollment in the Program

To begin the enrollment process, applicant will submit a complete Program application via the Clickbank.com site.

2.Order Processing

Clickbank.com will be responsible for all aspects of processing orders with credit card while HMM will be responsible for fulfilling the orders. HMM will be responsible for all aspects of order processing and fulfillment for orders without credit card.
Among other things, in the respective cases, Clickbank.com or HMM will prepare order forms; process payments, cancellations, and returns; and handle customer service. Clickbank.com will track sales made to customers who purchase products with a credit card using special links from your site to our site and will post reports on a password protected site summarizing this sales activity. To permit accurate tracking, reporting, and fee accrual, it is the applicant's sole responsibility to ensure that the special links between the referring site and HMM are properly formatted and installed.

3.Referral Fees

HMM will pay the applicant referral fees on product sales to third parties. For a product sale with credit card to generate a referral fee, the customer must follow a specially formatted link from the referring site to HMM's site; purchase the product using the site's and Clickbank.com's ordering system; accept delivery of the product at the customer's email address; and remit full payment to Clickbank.com, resp. HMM. HMM will pay referral fees on any products sold to a customer when he has reentered the site. For a product sale with cash, check or e-gold to generate a referral fee, the customer must purchase the product using the site's order form and insert the applicant's email in the referral field; accept delivery of the product at the customer's email address; and remit full payment to Xtatic Being.

The Program is intended for commercial use only; however, the applicant may purchase products through the Program for their own use. Such purchases will result in the applicant receiving the referral fees for the link used if the link is the applicant's.

4.Fee Schedule

Applicants will earn referral fees based on the price of products, according to fee schedules to be established by us. "Price" means the price listed for products on HMM and does not include costs for shipping, handling, and taxes if applicable. The current referral fee schedule is 50% of the price of each product that is sold to a customer resulting from a hypertext link to HMM. Applicants are responsible for paying all applicable taxes, and obtaining all relevant licenses and permits associated with the legal operation of their enterprise.

5.Fee Payment

Payment of referral fees earned on sales with credit card occur in accordance with the policies as defined by Clickbank.com to which the applicant is referred concerning this agreement. Payment of referral fees earned on sales without credit card are handled by HMM. HMM will pay the applicant referral fees on a quarterly basis. 30 days following the end of each calendar quarter, HMM will send out a check for the referral fees earned on products that were shipped during the previous quarter, less any taxes that we are required by law to withhold if applicable. However, if the fees payable to the applicant for any calendar quarter are less than $15.00, HMM will hold those fees until the total amount due is at least $15.00 or (if earlier) until this Agreement is terminated. If the customer returns a product that generated a referral fee or asks for a refund, HMM will deduct the corresponding fee from the applicant's next quarterly payment. If there is no subsequent payment, HMM will send you a bill for the fee.

6.Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of HMM. Accordingly, HMM's rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to these customers. HMM may change its policies and operating procedures at any time. Product prices and availability may vary from time to time. HMM will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.

7.Banner and text links.

HMM will make available to the applicant a selection of banners and text links that the applicant can use for linking to the site.

8.Limited License

HMM grants the applicant a nonexclusive, revocable right to use the icons and messages described in Section 7 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. The applicant is free to adapt these to his own liking if the resulting banner or text is not misleading or grossly offending. HMM reserves the right to refuse the posting of a banner or text as created or adapted by the applicant. HMM reserves all of rights in the icon, the message, any other images, trade names and trademarks, and all other intellectual property rights. HMM may revoke the applicant's license at any time by giving written notice.

9.Responsibility of Referring Site

The applicant will be solely responsible for the development, operation, and maintenance of the referring site and for all materials that appear on the referring site. The applicant will be solely responsible for:

HMM disclaims all liability for these matters. Further, the applicant will indemnify and hold HMM harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the referring site.

10.Terms of the Agreement

The term of this Agreement will begin upon HMM's acceptance of the applicant's Program application and the applicant's registration at Clickbank.com 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. The applicant is only eligible to earn referral fees on sales of products occurring during the term this agreement is in effect, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. HMM may withhold the applicant's final payment for a period not to exceed three months from the time of termination to ensure that the correct amount is paid. Final payment by Clickbank.com are handled according to their agreement to which the applicant is referred.

11.Modification

HMM may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but are not limited to, changes in the scope of referral fees, fee schedules, payment procedures, and Program rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO THE APPLICANT, THE ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE APPLICANT'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12.Relationship of Parties

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The applicant will have no authority to make or accept any offers or representations on our behalf. The applicant is not authorized to make any statement, whether on your site or otherwise, that reasonably would contradict the terms stated in this Section.

13.Limitation of Liability

HMM 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 Program, whether or not HMM has been advised of the possibility of such damages. Further, HMM's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the applicant under this Agreement.

14.Disclaimers

HMM makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, HMM makes no representation that the operation of our site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

15.Independent Investigation

APPLICANT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. APPLICANT UNDERSTANDS THAT HMM MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH THE REFERRING SITE. APPLICANT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16.Miscellaneous

This Agreement will be governed by the laws of the Netherlands, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in the Netherlands and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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