By submitting an application to become an affiliate, you are agreeing to be bound by the terms and conditions below. These terms and conditions form the “Agreement.”
The Agreement is a legally enforceable contract between DIABETES MEAL PLANS (“DMP”, “we” “our” or “us”) and “you,” the company or person named in the application. If you do not want to be bound by the Agreement, you must not submit an application.
1. Joining the Affiliate Program
1.1: We operate an affiliate marketing program (the “Affiliate Program”), which enables website publishers and providers like you (“Affiliates”) to promote DMPs products (“DMPs Products”) in return for a commission.
1.2: No paid access is required for participation in DMPs Affiliate Program. Only Affiliates who have successfully completed the DMP Affiliate Program signup process may participate.
1.3: Access to DMPs Affiliate Program is based on DMPs approval. We reserve the right to choose our Affiliates and deny access to any Affiliate we believe are illegitimate or conducting spamming of any kind. We also reserve the right to deny access to anyone we feel is not a great fit for DMPs Affiliate Program.
1.4: If your application is accepted, you will become an Affiliate. If your application is rejected, the Agreement will terminate immediately.
2. Account Usage
2.1: As an Affiliate, you can participate in the Affiliate Program and promote DMPs Products by logging into your Affiliate account, where you will find a range of resources and can track your sales reports.
2.2: As an Affiliate, you will be given access to your unique affiliate links to the DMP Products (“Unique Affiliate Links”), which you can find inside your Affiliate account. You will also be given access to the promotional materials and trade marks of DMPs Products (together with the Unique Affiliate Links, the “Materials”). As long as you comply with the terms of this Agreement, and any terms of a particular DMP Product, you can place the Materials wherever you like on your website, email, and social media accounts.
2.3: DMP prohibits the use of this Site by Affiliates who operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of DMP.
2.4: DMP does not support the advertising or placement of advertisements on any sites connected with racist or illegal content.
2.5: DMP will at all times attempt to monitor any misuse.
2.6: DMP may deactivate your account if you have sent spam or engaged in any unsolicited promotional activities.
2.7: Affiliates must abide by the DMP Affiliate Terms and Conditions at all times while conducting any form of promotion or advertising relationship via DMPs Affiliate Program.
2.8: DMP reserves the right to remove accounts/emails that have remained unverified since creation or have not been accessed in up to 12 months.
2.9: You must notify us immediately if you become aware, or suspect, any abuses or potential abuses of the Affiliate Program.
3. Affiliate Commissions and Payment
3.1: You only make commissions if a person makes a purchase from DMP, not if they join our email list as a free subscriber.
3.2: DMP has an approximate 30 day delay in payment schedule to factor in a time period for customer refunds. Any payments that are refunded become null and void for Affiliate commission payouts.
3.3: All commissions are paid directly to your Paypal account.
3.4: Commissions will be paid to you in United States Dollars (USD), irrespective of your country of origin. You accept any currency conversion calculation that takes place is accurate and may include third party processing fees.
3.5: If a previously sent payment is rejected by an Affiliate or unclaimed and requires to be resent, a US$15.00 ‘repeat reprocessing' administration handling fee will be charged to the Affiliate and deducted from the commission payment amount. Any costs incurred or associated with return of a payment will be deducted from the commission payment amount.
3.6: If DMP suspect you have generated commissions in breach of this Agreement; you will, by way of future assignment, assign to us all of your rights and ownership in those commissions. This includes any commissions you have already been paid, which you will be required to repay to DMP if asked.
3.7: If DMP cannot get in contact with you using the contact details set out in your application or account settings, and we cannot pay you commissions because you have provided incomplete or incorrect payment information; you waive your right to be paid those commissions and you assign (way of future assignment) all of your rights and ownership in any commissions, which we are holding to your account.
3.8: If DMP are late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.
3.9: You will not receive any interest on commissions held to your account.
4. Affiliate Termination
4.1: DMP reserves the right to terminate an Affiliate and not pay the accrued balance where the Affiliate has been deemed to breach this Agreement.
4.2: DMP, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that DMP deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site.
Such improper conduct includes, but is not limited to:
a) falsifying personal information required during account creation;
b) sending spam emails;
4.3: DMP may void and refuse to pay/reimburse monetary sums that an Affiliate has earned or deposited and/or require the return of any monetary sums that an Affiliate may have accumulated if engaged or previously engaged in improper conduct.
4.4: Affiliates may voluntarily close or terminate their Affiliate account, which subsequently revokes access to the DMP Affiliate Program.
4.5: You will not receive any commissions, which are earned after the date of termination.
5. Copyrights and Proprietary Rights
5.1: Apart from the unique marketing resources provided to Affiliates, you may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text and images on the Site, without DMP's written permission.
5.2: You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in this Affiliates Agreement or in the text on the Site, without the written permission of DMP.
5.3: DMP assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or downloading of any materials, data, text or images.
6. Limitations of Liability
DMP 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 DMP 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.
You hereby agree to indemnify and hold harmless DMP, and its team, subsidiaries and merchants, 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 solicitors' 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:
a) any claim that our use of trademarks, images or text infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein; or
c) any claim related to your site or use of our Materials, including, without limitation, content therein not attributable to us
8.1: “Confidential Information” includes any information which is disclosed to you and marked or described as confidential. Confidential Information also includes any information disclosed to you and which ought reasonably be treated as being confidential. Know-how, marketing tips, information about DMPs Affiliate Program, data and software are all examples of Confidential Information. If you are unclear on whether any information disclosed to you is Confidential Information, you should ask us whether or not it can be disclosed.
8.2: You must not disclose any Confidential Information to any third parties and you must take all reasonable steps and precautions to prevent disclosure of Confidential Information. You must not use Confidential Information for any purpose other than enjoying your rights or fulfilling your obligations under this Agreement.
8.3: The disclosure of our Confidential Information may cause us harm which cannot be repaired, or may cause us losses which cannot be recovered or compensated. Therefore, if Confidential Information is disclosed in breach of this Agreement, or if disclosure of Confidential Information is threatened, you agree that we can obtain an injunction against you to prevent disclosure. Our right to an injunction is in addition to any other rights we may have to protect our Confidential Information. If the court grants us an injunction, you must pay all of our legal costs of applying for the injunction.
9.1: All referrals must be tracked using our Affiliate tracking technology, verbal referrals will not be accepted. If you fail to use your Affiliate Link correctly and your referrals are not tracked by our Affiliate tracking technology, you will not receive any commissions.
9.2: DMP Affiliates may not refer themselves (‘self referral') to DMP Products with the aim of receiving the referral commission.
9.3: Affiliates that share the same personal/company details, or website details or commission payment details will also be deemed ‘self referral.' Referral commission and any earnings associated with this type of ‘self referral' will not be paid.
9.4: DMP, in its sole discretion will determine the meaning of ‘self referral.'
11. Agreement and Changes
11.1: The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between DMP and the Affiliate, and supersede all prior agreements, representations and understandings between DMP and the Affiliate.
11.2: This Affiliate Agreement may be terminated by DMP at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination.
11.3: DMP reserves the right to change these terms and conditions at any time without notice. We will endeavor at all times to ensure affiliates have been notified when changes have been made to this Agreement. It is also agreed that after notification of Agreement changes, continued use of the DMP Affiliate Program constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.
11.4: The Affiliate acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.