VPowerherbaltea Affiliate Terms and Conditions

***( YOU WILL NEED A PAYPAL ACCOUNT IN ORDER TO GET PAID WITH THIS PROGRAM–PLEASE OPEN A PAYPAL ACCOUNT BEFORE SIGNING UP FOR THIS AFFILIATE PROGRAM— NO OTHER PAYMENT METHODS ARE AVAILABLE )

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication.
For quickest results please email us at info@vpowerherbal.com

AFFILIATE COMMISSIONS
The current affiliate commission rate is 10% of the cost of every purchase as shown on our website.  Affiliate Commissions will be paid out to your PAYPAL account within 14 days.
You will be able to see your sales and commission report on your affiliate dashboard.
If the purchase amount is refunded for whatever reason, the commission will be deducted accordingly.

IMPORTANT:
Please note that if we suspect fraudulent activity of any sort, we reserve the right to terminate your affiliate account without giving any reasons or notice, and any accrued commissions will also be forfeited.
By signing up as an affiliate, you hereby agree to this.


AFFILIATE AGREEMENT

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Vpowerherbaltea.com’s Affiliate Program. The purpose of this Agreement is to allow linking between your web site and the vpowerherbaltea.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to VPowerherbaltea.com, and “you,” “your,” and “yours” refer to the affiliate.

2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at Vpowerherbaltea.com website. The fact that we approve most applications does not imply that we may not re-evaluate your application at a later time. All applications need to be approved. We may reject your application at our sole discretion without reason. We may cancel your application if we determine that your site or your promotion method is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “VPOWER Herbal Tea” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Vpowerherbaltea.com or any other of our affiliated websites.
2.2. As a member of Vpowerherbaltea.com’s Affiliate Program, you will have access to Affiliate Account Manager where you can review our Program’s details, download HTML code and banner creatives, and get tracking codes. You must use the HTML code that we provide for each banner, text link, or other affiliate link we provide without any alteration.
2.3. Vpowerherbaltea.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your own responsibility.

2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

3. Vpowerherbaltea.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made.
If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Vpowerherbaltea.com Affiliate Program.
3.2. Vpowerherbaltea.com reserves the right to terminate this Agreement and your participation in the Vpowerherbaltea.com Affiliate Program immediately and without notice to you should you commit fraud or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4. Termination
4.1 Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email only. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you, or if we discover fraudulent activity of any sort, in which case this agreement will be terminated without notice.
VPowerherbaltea.com also reserves the right to terminate this Affiliate Program in its entirety at any time. If the Affiliate Program is terminated VPowerherbaltea.com reserves the right to forfeit all outstanding affiliate commissions.
4.2 Your affiliate account will be terminated without notice if you attempt to earn affiliate commissions from your own personal purchases. In such an event, all outstanding commission payouts to you, if any, shall be forfeited immediately.

5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Vpowerherbaltea.com ‘s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Vpowerherbaltea.com ‘s Affiliate Program following our notification of the changes or new Agreement on our site will indicate your agreement to the changes.

6. Payments via PAYPAL only
Vpowerherbaltea.com uses PAYPAL to handle all payment. Kindly review PAYPAL’s payment terms and conditions. You WILL need a PAYPAL ACCOUNT in order to receive commission payments. No other forms of payment are available on this affiliate program.

7. Promotion Restrictions
7.1. You are free to promote your own web sites or email, but any promotion that mentions Vpowerherbaltea.com or VPowerherbal.com could be perceived by the public or the press as a joint effort and this is not acceptable to us. “Spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. At all times, you must clearly represent yourself and your web sites as independent from Vpowerherbaltea.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the VPowerherbaltea.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Vpowerherbaltea.com, Vpowerherbal.com, VPower.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from our Affiliate Program. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
7.3. Affiliates shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Vpowerherbaltea’s site (i.e., no page from our site or any Vpowerherbaltea.com’s content or branding is visible on the end-user’s screen). As used herein a “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of our site in IFrames, hidden links and automatic pop ups that open our site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

8. Grant of Licenses
8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our creatives, image and text banners, and similar identifying material (which can be found under the “Ads” tab after your logging in) that we provide to you or authorize for such purpose. You are only entitled to use these Banners and Text Ads to the extent that you are a member in good standing of VPowerherbaltea.com’s Affiliate Program.

8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

9. Disclaimer
VPOWERHERBALTEA.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF VPOWERHERBALTEA.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE HAVE THE EXPRESS RIGHT TO TERMINATE THIS AFFILIATE PROGRAM IN ITS ENTIRETY AT ANY TIME.

10. Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, under condition that you are our approved Affiliate;

11. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL VPOWERHERBALTEA.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

12. Indemnification
You hereby agree to indemnify and hold harmless VPowerherbltea.com, VPowerherbal.com, and its 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 (i) 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, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

13. Confidentiality
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.

14. Miscellaneous
14.1. You agree that you are an independent distributor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and VPowerherbaltea.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. VPowerherbaltea.com reserves the right to terminate this affiliate program without any explanations to any party.
14.4. You may not amend or waive any provision of this Agreement .
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

BY SIGNING UP FOR THIS PROGRAM, YOU HAVE READ AND AGREE TO ALL OF THE ABOVE TERMS & CONDITIONS.