DATE: Is the date in which the affiliate is given approval by Xtend-Life.
BETWEEN:
Xtend-Life Group Limited the "Company" with a registered address at 12 Mary Muller Drive, Hillsborough, Christchurch 8022, New Zealand
AND: the "Affiliate" being the entity as approved by Xtend-Life.
Whereby it is agreed as follows:
1. DEFINITIONS
1.1. The Affiliate will abide to all the provisions in this agreement.
1.2. This agreement remains valid so long as the Affiliate continues to maintain sales for new customers of at least US$500 (or equivalent currency) for each quarter being the periods ending March, June, Sept and Dec.
1.3. A new customer is one who has never purchased from the Company before.
1.4. Affiliate maintains valid contact details, including email address, with the company at all times.
1.5. When required the Affiliate responds to the Company within 5 business days of any communication (including notifications and emails) being sent to him/her.
1.6. Affiliate ensures that all URLs and marketing collateral are the most current versions available and makes any and all changes to URLs and marketing collateral as requested by the Company within 14 business days.
1.7. Affiliate must not directly copy material from the Company's website but may refer to any content. Material must be re-written where appropriate and the Company to be notified of any changes or content to ensure compliance.
2. COMMISSIONS
2.1. Commission Structure:
New Customer initial order - 20%
Repeat orders - 10%
2.2. The recurring commissions will continue providing the affiliate meets the minimum requirements of introducing new customers as referred to in clause 1.2
2.3. If the Affiliate does not meet the minimum sales requirements referred to in clause 1.2 in 1 quarter, the affiliate will receive an email to let them know they have 1 further quarter to meet the sales requirement.
2.4. If the affiliate does not meet the sales requirement in clause 1.2 for 2 consecutive quarters their account will be deactivated and no further commissions will be paid from returning customers.
2.5. Commission calculations are made on the value of the retail sale less any promotion discount coupons, loyalty program discounts, shipping charged or taxes. For example, in the case where a customer purchases $100 of product and has a discount of 10% the commission would be calculated on $90.
3. VALIDITY OF REFERRED VISITORS
3.1. Affiliates who fully comply with this agreement, are entitled to commissions from all newcustomers who make a purchase directly from either your coupon or your link on a last click basis.
4. DISCOUNT CODES
4.1. Affiliates will not be entitled to use discount codes during heavy promotional periods where the company has manually altered the system pricing. During promotional periods where discounts are applied using a company discount code, only one discount code can be applied.
5. PERSONAL PURCHASES
5.1. Affiliates cannot make personal purchases through their own links.
6. PAYMENTS
6.1. Commission payments are made on the 20 th of the month following the sale through PayPal.
6.2. Where commissions remain under $100 (equivalent currency) the commission will be held and rolled over until the next month's payment provided it is over $100 (equivalent currency).
7. CHARGE BACKS/REFUNDS
7.1. If for any reason the Company gives a refund to a customer, this will reflect in the affiliate's online status report by way of a debit for that specific transaction. For the Company's refund policy please go to this link https://www.xtend-life.com/pages/refunds-and-returns.
8. MARKETING
8.1. Link setup
Affiliate is solely responsible for making sure they have correctly linked to the Company website and ensuring these links remain valid.
8.2. Email advertising
The affiliate is free to promote Xtend-Life in newsletters, customer lists, and e-zines etc. However, use of unsolicited email lists is strictly prohibited. Any and all distribution lists must be of a 'double opt-in' nature, and customers should be aware they have agreed to accept advertising messages.
9. GENERAL
9.1. An affiliate is an independent contractor and does not have authority to make statements or accept anything on behalf of the company. Affiliates are not permitted to do anything that could provide the impression that they are Xtend-Life Natural Products or any part of the Xtend-Life group of companies. In other words, you may not use expressions referring to Xtend-Life Natural Products in first-person grammatical narratives ('our', 'us', 'we', etc). We are not responsible for any unauthorized representations.
9.2. Social Media
9.2.1. Affiliates are free to use social media, or personal networking websites/services to market Xtend-Life products; however, should they choose to use this type of site or service, they will then be expected to follow the necessary etiquette and 'rules' associated with social media, such as:
9.2.2. Do not post comments, promotions and/or updates which make claims of the Company's products being able to treat, cure or mitigate any disease/medical condition whatsoever;
9.2.3. Do not spam social sites with brand-heavy content;
9.2.4. Do not ignore feedback or comments to the affiliates page/profile;
9.2.5. Engage openly and honestly with people who choose to interact with you regarding content about the Company Xtend-Life;
9.2.6. Do not use another user's profile/page as a platform to market/promote or make reference to Xtend-Life and/or its products in any form or format;
9.2.7. Do not 'hijack' a popular online conversation by posting irrelevant comments that are out of context and/or may be interpreted as marketing/promoting or making reference to Xtend-Life and/or its products in any form or format;
9.2.8. Abide by all regulatory requirements at all times;
9.2.9. Do not refer to Xtend-Life in first-person grammatical narratives ('our', 'us', 'we', );
9.2.10. As the Company Xtend-Life is very protective of its brand and product names the affiliate may not bid on the Xtend-Life name or the Xtend-Life product names, or use these brand and product names as ad content or display URL's, on any pay-per-click (PPC) or cost-per-action (CPA) networks (e.g. Google AdWords, Microsoft AdCenter, Bing.com, Ask.com, Yahoo.com, Ad Blade, etc...) however the affiliate may use these networks to bid on product benefits related to Xtend-Life products(e.g. digestive health, Omega 3 fish oil benefits, general health, natural skincare, etc.). The affiliate must also direct the clicks from these campaigns to their own platform or website and not direct link to the Xtend-Life
10. PROFESSIONAL BUSINESS CONDUCT
10.1. Spam
The Company has zero tolerance for the sending of unsolicited emails or communication of any kind which promote or make reference to Xtend-Life and/or its products in any form or format. If an Affiliate violates this policy the account will be terminated and all outstanding commissions will be forfeited.
10.2. Professionalism
If an affiliates conduct brings Xtend-Life or any of its affiliates or distributors into disrepute, or the affiliate promotes any form of slander, abuse, racism, or unfair business practices, they will also have their account cancelled. Any outstanding commissions will be forfeited.
10.3. Right to reject application
Company reserves the right to reject any affiliate application. Any media controlled by the affiliate that in our opinion promotes any form of violence, illegal activities, or unfair business practices will have their application rejected, even if it is after having been initially accepted. We reserve the right to cancel the affiliate agreement at any time should such a violation of this condition be brought to our attention at any time in the future.
11. AFFILIATE SITE CONTENT
11.1. Affiliate sites are not allowed to use domains or URLs which are materially similar to xtend-life.com or any other domain names that may cause confusion. This also includes domains which are using any of Xtend-Life product names. Xtend-Life can and will veto the use of such domains by any affiliate and/or third party promoter. Domains and URLs which constitute potentially unacceptable health claims are not allowed.
11.2. Affiliate websites, email messages or any other content communicated online or offline must not contain copy that can be interpreted as disease / health claims under the legislation, rules and regulations of the countries that you are targeting with country-specific domains. Examples of such copy include, without limitation, claims of 'curing', 'treating', or 'mitigating' disease states. Likewise, any content implying that any Xtend-Life product 'will...' do/perform/guarantee any physiological or disease treatment / effect / action or function is not
11.3. If the affiliate uses a .com, .net or any other USA domains or target customers in the USA by any other means, they must abide by all USA rules and regulations, including all those administered and enforced by the FTC and
11.4. Affiliate websites, email messages or any other content communicated online or offline must not contain content that is in contrast, conflict and/or not at all applicable to Xtend-Life, our products or business, as well as content that directly or indirectly portrays Xtend-Life in a negative
11.5. Affiliate websites must not contain domains or URLs that use the Xtend-Life product or brand names as the main part of the URL or domain name (e.g. omega3qhpremium.com), or names of Xtend- Life personnel (e.g. com) or similar.
11.6. Using mis-spellings of Xtend-Life brands, product names, personnel names, or trademarks as keywords for a SEM / PPC campaign or as part of a domain name is not permitted.
11.7. It is not permitted to use Meta Titles and/or Meta Descriptions and/or Meta Keywords that use the words "Scam", "Warning", or any other words that give an inference of exposing "truths" or similar for Xtend-Life or its products, or any other words which have the potential to show Xtend-Life in a negative light when shown in a search results
12. AFFILIATE WEBSITE QUALITY AND LINK CREATION
12.1. All affiliates are expected to maintain the highest quality web content possible and to only show Xtend- Life and its products in a positive light. Affiliates are expected to follow best practice, including the following:
12.1.1. Branded links should be used, including Xtend-Life or product names in the links to our website.
12.1.2. Quality content. We expect affiliates to generate high quality, unique, relevant content that reflects positively on the Xtend-Life brand.
12.1.3. Good standing / reputation - your website should not be associated with illegal/high risk content or websites.
13. PROHIBITED TACTICS
The following tactics are expressly prohibited:
13.1. Cookie Stuffing
This includes delivering click cookies to the affiliate's visitors when they have not clicked and dropping false cookies which attribute sales to the affiliate or using JavaScript to mimic clicks/redirect when the visitor has not clicked.
13.2. Malware and Adware
Using programs such as spyware, pop-ups and pop-unders to promote Xtend-Life are not acceptable. Using any software to poach other affiliates traffic/cookies is also not permitted. Xtend- Life must not be affiliated with malicious content harmful to users or our reputation.
13.3. Social Media Hijacking
Creating false social media accounts to impersonate the Xtend-Life brand will not be tolerated. We offer coupons from time to time and will advise when these coupons can be used by an affiliate. Spamming on social media to promote Xtend-Life is not permitted and affiliates are not allowed to post affiliate links on official social media brand pages
13.4. Paid Advertising
Affiliates shall not use the keyword "Xtendlife" or any variations in ads, nowhere in an ad copy - title or body text. Affiliate users can't use the keyword "Xtendlife" or any variations and any Xtendlife Trademark within online ad campaigns (including, without limitation, within metadata or search-based advertising such as Google Adwords) without prior written consent from Xtendlife.
14. AFFILIATE IT & TECHNICAL CONCERNS
14.1. The following IT and technical issues are mandatory:
14.1.1. All affiliates must accept emails, notifications and communications from Xtend-Life - regardless of an affiliate's spam-filters, Firewall etc. If an affiliate consistently fails to respond to communications sent via email from Xtend-Life, we reserve the right to suspend payment of commissions due until a reliable email address is provided for such communication. Should an affiliate fail to respond to repeated communications from Xtend-Life within 5 business days, all commissions due to the affiliate will be deemed null and void and his/her/their account will be closed.
14.1.2. All affiliates must ensure that they have and retain access to their website(s) should an issue arise with affiliate links or content such that a change is required to such website(s).
14.1.3. It is expected that affiliate websites should, within reasonable limits, keep up to date with product changes in descriptions, appearance or naming when advised by Xtend-Life of any such changes.
14.1.4. The use of link obfuscation techniques such as link shrinking, cloaking and redirection pages is acceptable so long as the affiliate retains the ability to change the destination of any links obfuscated by such techniques. This means that the use of public link shrinkers such as tinyurl.com and bit.ly is not acceptable.
14.1.5. The use of framesets, iframes, or other URL masking techniques is not acceptable. The use of such techniques reduces customer confidence in our website and will result in suspension of commission payments. The use of iframes is only allowed when using an infographic supplied by Xtend-Life.
14.1.6. Any systems, technologies or techniques implemented by an Affiliate with respect to executing the role of affiliate not mentioned in this agreement which do not reflect the values of Xtend-Life and/or the intent of this document may result in suspension of commission payments and, if not corrected, the cancellation of the affiliate account.
14.1.7. A full list of all websites used by an Affiliate to promote Xtend-Life products must be maintained by Xtend-Life at all times. It is the Affiliates responsibility to advise Xtend-Life of any new websites by email at affiliate@xtendlifeaffiliates.com.
15. COPYRIGHT, PRODUCT IMAGES AND BANNERS
15.1. Apart from the text and banner links that affiliates have unrestricted use of while members of this program, all other material on www.xtend-life.com and other Xtend-Life websites is subject to full copyright and must not be copied or duplicated in anyway unless you have first obtained written consent from us.
If the affiliate does need to use images for a website, these are freely available within the UpPromote portal and all image files on an Affiliates site should link to this directory of approved images. Affiliates must not copy images from the main Xtend-Life.com site and upload them to their own sites. This allows Xtend-Life to meet regulatory requirements and update labels as changes are made regularly to develop our products.
Failure to link to current images of Xtend-Life products is a violation of this agreement. Xtend-Life does not accept the use of old product images. Failure to resolve these issues within 5 business days of notification by Xtend-Life will result in the suspension of the affiliate account and failure to resolve these problems within 10 days may result in cancellation of the affiliate account.
16. PRIVACY POLICY
16.1. We have a strict privacy policy and as such visitors to xtend-life.com and other Xtend-Life websites who become customers remain the sole customers of Xtend-Life. The identities of these customers are not provided to affiliates or any other party. However, in the interests of helping affiliates track their sales we do reveal the first and last name and country of those visitors who become customers.
17. PRODUCT PRICING
17.1. The price charged for any product under this program is determined by Xtend-Life. Affiliates are not permitted to publish any product prices on their website unless it is part of approved material having first been submitted to Xtend-Life and agreed to.
18. SERVICE INTERRUPTION
18.1. Xtend-Life makes every effort to ensure that all our websites are fully operational at all times, but we will not be responsible for any losses that any affiliate may incur as a result of interruption of service for any reason whatsoever.
19. TAX
19.1. All affiliates are deemed to be independent contractors and as such are responsible for their own accounting of income earned under this program to their respective authorities. Xtend-Life will not withhold any tax or make any other deductions from the gross commission payments unless this becomes necessary as a result of applicable law.
20. LEGAL COMPLIANCE
20.1. All affiliates are required to be aware of and abide by the laws and regulations in all markets where they promote Xtend-Life products. This includes, without limitation:
- Affiliate disclosure rules
- Health / disease claims rules
Affiliates must not promote products in markets where these products are not allowed to be sold. For example, without limitation, affiliates must not promote Xtend-Life dietary supplement products to Australian consumers or use .com.au domains.
21. ACCOUNT CANCELLATION
21.1. The affiliate has the right to terminate their participation in this affiliate program for any reason at any time by email. Affiliate accounts will not be terminated without at least 30 days' notice from the company and the affiliate has an opportunity to take action to meet the requirements of the affiliate agreement, unless the affiliate is responsible for actions against the best interests of the company, or has failed to maintain at least 1 active website/internet property, the minimum sales thresholds or has had a long period of no activity. Xtend-Life is committed to working with all affiliates to resolve all issues.
21.2. If the affiliate account is cancelled the remaining commission balance will be paid out at the normal time. Upon suspending or cancelling your affiliate account, or termination of this agreement (by the affiliate or by us):
21.2.1. We may withhold any remaining commission balance (and seek recovery of any amounts already paid to you following your violation or failure to comply with this agreement);
21.2.2. All rights and licenses granted to you under this agreement immediately cease;
21.2.3. All websites and any other material or marketing activity that contain any references to Xtend-Life or Xtend-Life products must be removed / discontinued / discarded immediately; and
21.2.4. All terms and conditions that are intended to survive the expiry or termination of this agreement shall continue in full force and effect.
22. DEATH
22.1. In the unfortunate event that an affiliate passes away, the following will occur:
22.1.1. If an affiliate is a sole trader, the affiliate account will be cancelled, and all commission will be paid out to the affiliate's estate within 30 days of the details being provided to Xtend-Life.
22.1.2. If the affiliate holds the affiliate account in partnership with another party, the affiliate account will continue with the other party unless we are advised otherwise.
23. TERMS OF AGREEMENT
23.1. This agreement is valid as long as the affiliate remains active (as described in section 1) and according to the following:
23.1.1. The terms and conditions of this agreement can be varied at any time (30 days' notice will be given) by Xtend-Life.
23.1.2. The assignment of the agreement is subject to our approval; and
23.1.3. If the affiliate sells their website this agreement is transferable upon an approved application, The application will also be dependent on (a) the purchaser makes a legally binding obligation to abide by all of the terms and conditions of this program, and (b) the purchaser is not involved directly or indirectly in anything contrary to the best interests of Xtend-Life as determined by us at our sole discretion.
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Xtend-Life Group Limited
