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Affiliate Program Terms & Conditions

Last Updated: February 14, 2020

This Affiliate Programs Terms & Conditions (the “Affiliate Terms”) are a legally binding contract between Dr. Lite Medical Technology, Inc., a Florida corporation, (“Dr. Lite”, “We” or “Us”) regarding your eligibility and use of the affiliate program (the “Affiliate Program”). PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING AFFILIATE TERMS, INCLUDING THE DR. LITE PRIVACY POLICY. If you are not eligible, or do not agree to the Affiliate Terms, then you do not have our permission to use or participate in the Affiliate Program. TERMS AND CONDITIONS AND PRIVACY POLICY Your use of the Website and participation in the Program are also subject to the Dr. Lite Terms and Conditions and Privacy Policy. ARBITRATION The Terms and Conditions provide that all disputes between you and Dr. Lite will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review the Arbitration Section in our Terms and Conditions for the details regarding your agreement to arbitrate any disputes with Dr. Lite.

1. AFFILIATE PROGRAM

You can sign up for the Program by completing our Affiliate Program application (the “Application”). The Application will ask you from some information such as your name, email and website URL. Prior to signing up, you will have to acknowledge your acceptance to these Affiliate Program Terms. Once the Application is submitted, it will be reviewed by the Dr. Lite team and you will be notified whether it has been approved or rejected. Dr. Lite can either approve or decline the application. If approved, an Affiliate account will be created for you. You will receive an email stating your log-in details for you to set up your account (the “Affiliate Account”). Through your Affiliate Account, Users will be able to track their sales, payment history and referral link. As part of the affiliate program, you will receive a unique link (“Referral Link”) which will identify any purchases that have been referred by you. When a Qualifying Purchase (as defined below) has been made through your Referral Link, you will receive  a fee for such sale (the “Program Fees”). The use of the Referral Link will be valid for a period of sixty (60) days. Additionally, Dr. Lite will periodically provide coupon codes via email to members of the Affiliate Program. If a customer makes a Qualifying Purchase using the provided link, the customer will receive a discount and you will receive the Program Fees. You will ensure that the information in your Affiliate Program Application and information otherwise associated with your account on the Affiliate Program, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliate Program to the email address then-currently associated with your Affiliate Account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

2. ELIGIBILITY

Both individuals and businesses may apply to the Affiliate Program. Individuals must be over eighteen (18) years old and be able to enter into a contract in the United States. If the Referral Link will be placed on a website owned or managed by you, your website(s) must contain original content and be publicly available via the website address provided in the your Application. You must identify your website in your Application. We will evaluate your Application and notify you of its acceptance or rejection. Your website will not be eligible for inclusion in the Affiliate Program, if we deem it unsuitable. Unsuitable websites include those that:

1. promote or contain sexually explicit or obscene materials,
2. promote violence or contain violent materials,
3. promote or contain false, deceptive, libelous or defamatory materials,
4. promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age),
5. promote or undertake illegal activities,
6. are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws and regulations); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection;
7. otherwise violate any intellectual property rights.

We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply to the Affiliate Program at any time once you have complied with our suitability requirements. However, if at any time we (1) reject your application for any other reason or (2) terminate your account in connection with any violation or abuse (as determined in our sole discretion), you cannot attempt to re-join the Affiliate Program without our advance authorization.

3. QUALIFYING PURCHASES

You will receive a ten percent (10%) fee from the Qualifying Revenue (as defined below) of the Qualifying Purchase. Under these Affiliate Terms a “Qualifying Purchase”, occurs when:

1. a customer clicks through a Referral Link on your Site to Dr. Lite’s website www.drliteusa.com (the “Website”); and
2. the customer purchases a Product by adding a Product to his or her shopping cart and completing the order for that Product no later than sixty (60) days after their initial click-through of the Referral Link,; and
3. The Product is purchased by, and paid for by the customer.

For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, less any shipping charges, gift-wrapping fees, handling fees, taxes (e.g. sales tax and VAT), service charges, credits, rebates, credit card processing fees, and bad debt.

5. DISQUALIFYIING PURCHASES

Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Affiliate Terms or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliate Terms, the Terms and Conditions and our Privacy Policy (collectively, the “Dr. Lite Terms”) Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliate Program:

1. any product purchased after termination or suspension of your Affiliate Account;
2. any product order where a cancellation, return, or refund has been initiated;
3. any product purchased by a customer who is referred to the Dr. Lite Website by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network);
4. any product purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Website;
5. any product purchase that is not correctly tracked or reported because the Referral Link is not properly formatted.

4. 4. PROGRAM FEE REPORTING AND PAYMENTS

We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you a report summarizing Program Fees earned by you during that month. When accessing your Affiliate Account you will be able to select their preferred payout method. We will pay Program Fees in the US currency approximately thirty (30) days following the end of each calendar month in which they were earned by the method described below that you have selected.

1. Payment via PayPal. You may transfer the Program Fees to your PayPal account by selecting this option  through your Affiliate Account. PayPal is a third-party provider, please refer to PayPal user agreement for information regarding PayPal’s terms and conditions https://www.paypal.com/us/webapps/mpp/ua/useragreement-full

1. Payment by Direct Deposit. We will directly deposit the fees you earn into the bank account you designate once you have provided us with the name of your bank, the account number, the name of the primary account holder as it appears on the account, and other requested identifying information (such as the ABA, IBAN or BIC number, if applicable). If you select this option, we reserve the right to hold fees until the total amount due to you reaches certain minimum amount determined by Dr. Lite.

1. Payment by Check. We will send you a check in the amount of the fees you earn once you have provided us with a physical address. If you select this option, we reserve the right to hold fees until the total amount due to you reaches certain minimum amount determined by Dr. Lite and to deduct a processing fee from each check we send to you.

If you do not select or maintain valid information for a payment option, we may at our discretion pay you through another payment option or hold earned fees until you make your selection or provide such information. If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right, with 7 days’ written notice to withhold the accrued fees for your inactive account, any unpaid accrued Program Fees in your account may be subject to escheatment under applicable law or become extinct by applicable statute of limitation. Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under these Affiliate Terms.

5. PROMOTIONAL LIMITATIONS

You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with Dr. Lite or the Affiliates Program, that are not expressly permitted under the Affiliates. You will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos any content associated with the affiliate program (the “Program Content”) or any Referral Link in connection with email, offline promotion or in any offline manner (e.g., in any printed material, mailing, or attachment to email, or other document, or any oral solicitation).

6. USE OF AFFILIATE PROGRAM

You will be solely responsible for the content or representations you make on your website or to other third parties and shall ensure that:

1. You will not add to, delete from, or otherwise alter any Program Content in any way, including by adding additional information;
2. You will not sell, resell, redistribute, sublicense, or transfer any Program Content or any application that uses, incorporates, or displays any Program Content, PA API, or Data Feeds;

1. You will promptly remove and delete or otherwise destroy any Program Content that is no longer displayed on the Dr. Lite Website or that we notify you is no longer available for your use;

1. You will not use any Program Content, including any name or likeness embodied in that Program Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Program Content);

1. You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Referral Links. For example, you cannot implement any “rewards” or loyalty program that incentivizes persons or entities to visit the Dr. Lite Website via your Referral Link;

1. You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity;

1. You will not take any action that could reasonably cause any customer confusion as to our relationship with you;

1. You will not include on your website, display, or otherwise use Referral Links or Program Content in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device;

1. You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert fees from, any site that participates in the Affiliate Program;

1. You will not artificially generate clicks or impressions on your website or create session on the Dr. Lite Website, whether by way of a robot or software program or otherwise; or

1. You will not use a link shortening service, button, hyperlink or other ad placement in a manner that makes it unclear that you are linking to the Dr. Lite Website.

Upon our request, you will provide us with written certification that you have complied with the Dr. Lite Terms. Any failure to provide the certification in accordance with our request will constitute a material breach of the Agreement. ACCOUNT TERMINATION We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to participate in the Affiliate Program at any time, with or without cause, in our sole discretion. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including Affiliate Accounts that, in our sole judgment, appear to be malicious or unlawful. All provisions of these Affiliate Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. CHANGES TO TERMS We reserve the right, in our sole discretion, to change these Affiliate Terms under which the Affiliate Program is offered. The most current version of the Affiliate Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Affiliate Terms by giving you reasonable notice. By continuing to use the Affiliate Program after expiry of the notice period, or accepting the amended Affiliate Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Affiliate Terms. CONTACT US We welcome your questions or comments regarding the Affiliate Program and these terms: Dr. Lite Medical Technology Inc. By Mail: 332 S. Michigan Ave. Floor 9 Chicago, IL 60604   By E-mail: sales1@drliteusa.com