HealthyLine Strategic Partnership Program Terms of Service Agreement
By signing up to be a strategic partner of the HealthyLine Partnership Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
HealthyLine reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://staging.healthyline.com/affiliate-terms-of-service/
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding partnership commission payments earned during the violation. You agree to use the Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. HealthyLine cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Program for any illegal or unauthorized purpose (IE: conflicting with the current TOS or any state or federal law of the USA). You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- The MAP (Minimum Advertised Price) must be the same as on our website.
- Sales on marketplaces such as Amazon, eBay, Walmart, and others are prohibited unless expressly authorized by HealthyLine and its management.
- Coupons or deals sites are prohibited from participating in affiliate program except when special arrangement is negotiated beforehand. This special arrangement supersedes these TOS and can be terminated at any time for any reason.
- You are not allowed to publish your coupon codes in a searchable format.
- Resellers cannot use any medical claims or health statements in connection with our sales or advertising that goes beyond statements published on HealthyLine.com All resellers or distributors are entirely independent entities. We are not responsible for any resellers statements, ads, or actions.
- Resellers are responsible for collecting all appropriate local taxes. Heating pads as medical devices could be sales tax-exempt in some states.
- We might need to collect SSN or TAX-ID from your business before we pay any commission.
- We need to have a business or personal mailing address as an official correspondence.
- To accurately establish a warranty period for products you may have sold as a reseller, you must have a receipt for sales with the following information: model number, date of purchase, the client’s contact information (name/address/telephone #), and your information as well.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Program, you will be assigned a unique promotional code. You are permitted to place links, banners, or other graphics we provide with your promotional code on your site, in your emails, or other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to HealthyLine. We may change the design of the artwork at any time without notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with
special link formats to be used in ALL links between your site and HealthyLine. You must ensure that each of the links between your site and HealthyLine properly utilizes such special link formats. Links to HealthyLine placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.”
You will earn referral fees only with respect to sales of a HealthyLine product occurring directly through Special Links;
we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your promotional code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Partnership links should point to the page of the product being promoted.
Partnership Promotion Restrictions
Strategic Partners can
NOT bid on HealthyLine branded keywords through Adwords, Bing Ads, Google Shopping or any other PPC platform. Branded keywords include any combination of keywords like HealthyLine, Inframat Pro, TAO Mat, etc. Partnerships who will violate this provision will be terminated and all commissions withheld.
Strategic Partners can
NOT use link masking/cloaking that hides URLs which originated traffic.
If you must use tools that mask/hide your links, please contact us. Such cases will be approved on an individual basis.
Strategic Partners can
NOT optimize for organic traffic or bid through PPC providers for coupon/discount related
keywords like “Healthy Line Coupon”, ”Inframat Pro Coupon”, “Healthy Line Deals”, “Healthy Line Discounts”, etc. If for some reason your site started ranking for these keywords by itself, you have 2 courses of action:
- You can delete the page from your site or block it from ALL search engines.
Or
- If you want to keep the page in question live, you should remove all mentions of your promotional code from page text and from meta tags. You can use this free shipping coupon“freeship”on that page instead of your promotional code. You should also remove all partnership links to HealthyLine.com. However, if you have reviews of Healthy Line products on your site, you can link to those articles. There should be no mention of your promotional code, what kind of discounts it gives or any other benefits that customers can get by buying through your partnership links. You can’t promote your promotional code by telling customers to read your review. Your pitch for a customer to read your review should be neutral and should NEVER guarantee promise ANY benefits. You can NOT mention that our products treat or cure any additional medical cases. You can NOT use any other on-page marketing techniques like pop-ups, banners or redirects.
Strategic Partners can
NOT submit their individual promotional code to coupon/deals sites such as coupon cabin, retail me not, etc. In case your coupon got posted to one of these sites, it will be disabled and a new coupon will be issued instead.
Referral fees/commissions and payment
For a
Product sale to be eligible to earn a referral fee, the customer must click-through a
Special Link from your site, email, or other communications to
HealthyLine.com and complete an order for a product during that session. There is a 30-day cookie tracking period, during which you can earn commissions if your referral makes a purchase.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will
NOT pay commissions if someone says they purchased or someone says they entered a referral code if it was
NOT tracked by our system.
We ONLY pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $200 in commission. If your current partnership earnings are over $200 your commission will be paid out at the beginning of each month for orders that are over 60 days old. If your account never crosses the $200 threshold, your commissions
will not be released or paid. In order to get paid, all US based accounts are required to have a W-9 form on file.
Identifying yourself as a HealthyLine Strategic Partner
You may
not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may
not in any manner misrepresent or embellish the relationship between us and you, including stating you
develop our products, stating you are part of HealthyLine or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does
NOT violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do
NOT violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are
NOT libellous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
- Resellers can
NOT use any medical claims or health statements in connection with our sales or advertising that goes beyond statements published on HealthyLine.com. All resellers or distributors are entirely independent entities. We are not responsible for any reseller’s statements, ads, or actions.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will
comply with ALL laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party a written notice of termination (date of letter reflects date of termination). Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to HealthyLine, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. HealthyLine reserves the right to end the Program at any time. Upon program termination, HealthyLine will pay any outstanding earnings accrued above $200.
Termination
HealthyLine, in its sole discretion, has the right to suspend or terminate your account and refuse
any and all current or future use of the Program, or any other HealthyLine service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. HealthyLine reserves the right to refuse service to anyone for any reason at any time.
HealthyLine can also terminate your account due to obligations to the 3rd parties. In this case all accrued commissions will be distributed after 60 days mandatory holding period is over.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section. All resellers or distributors are a
totally independent entity. We are
NOT responsible for any resellers statement, ads or action.
Limitations of Liability
We 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, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will
NOT exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make
NO 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, we make
NO representation that the operation of the HealthyLine will be uninterrupted or error-free, and we will
NOT be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. 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.
The failure of HealthyLine to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and HealthyLine and govern your use of the Service, superseding any prior agreements between you and HealthyLine (including, but not limited to, any prior versions of the Terms of Service).
