"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
- It is understood that you will introduce Breakfast Cure products and services to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws.
- Breakfast Cure reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.
The Affiliate is allowed to place links on their website to websites which have an Affiliate Program registered at Breakfastcure.com
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on Breakfast Cure website.
The Affiliate must keep themselves informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
The Affiliate must comply with the requirements of the Affiliate Program including in particular any stipulations as to the nature and content of the Affiliate's website and the use of third party or other Affiliates trademarks and logos.
TERMS OF THE AGREEMENT:
- The term of this Agreement will begin upon our acceptance of your Affiliate Program application.
- You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
- We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Breakfast Cure in its sole discretion.
- Any Affiliate who violates either this Agreement or Breakfast Cure's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Breakfast Cure Affiliate Program.
- Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
- You agree not to use your “Professional” level discounts in conjunction with your Affiliate links. You will either get a discount at the time of purchase as a “Wholesale Professional” OR you will earn Commission Fees, never both for the same purchase.
Only duly-authorized Breakfast Cure officers, employees, and agents will have access to information furnished or obtained in connection with the Affiliate registration; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make Affiliate decisions and to respond to inquiries or notices from government entities.
- You hereby agree to indemnify and hold harmless Breakfast Cure and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
- Any claim related to your site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
ENROLLMENT IN THE AFFILIATE PROGRAM:
- To begin the enrollment process, you will submit a complete Program application via our Website.
- We will evaluate your application and notify you of your acceptance or rejection.
- We may reject your application for any reason our sole discretion.
- We generally reject applications related to websites that: Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities or are intended to harass or defame anyone; Or variations or misspellings thereof in their domain names; or
- Otherwise violate our intellectual property rights or the intellectual property rights of others.
- If we reject your application, you are welcome to reapply to the Program at any time.
- If we accept your application, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.
- We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
- In such event, you will be notified by email. Modifications may include, but are not limited to: changes in the payment procedures and Breakfast Cure Affiliate Program rules.
- If any modification is unacceptable to you, your only option is to end this Agreement.
- Your continued participation in Breakfast Cure Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- You will receive a Commission for sending Breakfast Cure authorized sales, leads, and/or clicks via Your Links.
- In order to place Links, You must first be approved by a Breakfast Cure to become an Affiliate of Breakfast Cure’s program.
- You understand that the Payout amount may be changed at any time.
- This information is also available to you at the breakfastcure.com Affiliate Area.
- You are responsible for determining if the Payout for a Link you have placed on your site has changed or been discontinued.
- You receive the Commission from breakfastcure.com. Payments are made automatically on the twentieth (10th) day of each month when your account balance reaches $25 or more for the previous months' transactions.
- All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
- The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws.
- Any action relating to this Agreement must be brought in the federal or state courts located in The USA, Oregon, Lane County, Oregon 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 a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
- Either you or Breakfast Cure may terminate the Affiliate relationship at any time.
- You are only eligible to earn Affiliate payments during your time as an approved Affiliate.
- Breakfast Cure may change the program or service policies and operating procedures at any time.
In consideration of the affiliate opportunity provided by the Company, the affiliate, intends to be legally bound, agrees to the following:
I. Term of Agreement This Agreement is effective on the Effective Date ands shall remain throughout the term of affiliate’s acceptance into the Affiliate Program with the Company and for a period of 3 year(s) thereafter.
II. Limitations of this Agreement This Agreement is not a contract of employment. Neither affiliate nor the Company is obligated to any specific term of employment. This Agreement is limited to the subject matter of covenants not to compete or solicit as described in this Agreement.
III. Covenant Not to Compete. Affiliate agrees that at no time during the term of their acceptance in the Affiliate Program with the Company that they will engage in any business activity which is competitive with the Company nor work for any company which competes with the Company. For a period of 3 year(s) immediately following the termination of Affiliate’s account in the Affiliate Program, Affiliate will not, for themselves or on behalf of any other person or business enterprise, engage in any business activity which competes with the Company anywhere in North America.
IV. Non-Solicitation During the term of Affiliate’s acceptance in the Affiliate Program, and for a period of 3 year(s) immediately thereafter, affiliate agrees not to solicit any affiliate or independent contractor of the Company on behalf of any other business enterprise, nor shall affiliate induce any other affiliate or independent contractor associated with the Company to terminate or breach an employment, contractual or other relationship with the Company.
V. Soliciting Customers After Termination of Agreement For a period of 3 year(s) following the termination of the Affiliate’s Affiliate Program account and their relationship with the Company, Affiliate shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of the Company or any other information pertaining to them. Neither shall Affiliate call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom Affiliate have called or with whom Affiliate became acquainted with during the term of their acceptance in the Affiliate Program, as a direct or indirect result of being in the Affiliate Program with the Company.
VI. Injunctive Relief Affiliate hereby acknowledges (1) that the Company will suffer irreparable harm if Affiliate should breach their obligations under this Agreement; and (2) that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if Affiliate breaches any such provisions, then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
VII. Severable Provisions The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
VIII. Modifications This Agreement may be modified only by a writing executed by both Affiliate and the Company.
IX. Entire Agreement This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement. The Agreement supersedes all prior understanding, agreements, or representations.
X. Waiver Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
XI. Jurisdiction and Venue This Agreement is to be construed pursuant to the laws in the State of Oregon. Affiliate agrees to submit to the jurisdiction and venue of any court of competent jurisdiction in Lane County, State of Oregon without regard to conflict of laws or provisions, for any claim arising out of this Agreement.
IN WITNESS WHEREOF, the Owner has caused this Agreement to be signed by a duly authorized officer, and Recipient has affixed their signature hereto.
Breakfast Cure®, LLC
The affiliate’s signature below acknowledges that they have read and understands the foregoing Agreement, that Affiliate agrees to comply with all of the terms of the Agreement, and that you have received a copy of the Agreement.