New Affiliate Contract
P2Life Affiliate Agreement
The P2Life affiliate program is administered in part through a third party affiliate Platform, Refersion, and in part through the Shopify Inc, they provide us with the online e-commerce platform that allows us to sell our products and services.
Please read this agreement carefully before accepting this agreement. By clicking accept you agree to be effectively and immediately bound by this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not join the P2Life Affiliate Program. If this agreement is considered an offer, acceptance is expressly limited to this document.
You are granted nonexclusive, nontransferable, revocable, access to the P2Life site, and upon acceptance of these terms, to the P2Life Affiliate Program for purposes expressly permitted by P2Life.
SECTION 1 - ENROLLMENT
To enrol in the P2Life Affiliate Program, you must opt-in through the website, read through and accept the terms set out in this agreement. You will be notified via email if your submission is successful.
Affiliates are required to be of legal age to enter into a contractual agreement in their state, or province of residence.
SECTION 2 - AFFILIATE URL
Affiliates are issued a special affiliate code (URL), which is unique to you, and must be used in order to qualify and be paid for any commissions generated from sales. Affiliates are solely responsible for the correct coding and use of this URL.
SECTION 3 - COMMISSIONS
Affiliates will receive a commission of 20% of revenue from orders placed through properly coded affiliate links. For a sale to generate a commission, the customer must complete the order form and remit full payment for the product ordered through the secure order system on the P2Life Website. Commissions will not be paid if the affiliate code or discount coupons associated to an affiliate were not used.
P2Life tracks all sales on an independent, third party, referral tracker platform. Affiliates are only eligible for commissions when the correct affiliate code, unique to the affiliate, has been used correctly, providing that the affiliate is not in breach of any of the terms set out in this agreement. It is your responsibility as an affiliate to ensure you are using the correct code, and that the code is properly structured. P2Life is not liable for any sales lost arising from the affiliate using the incorrect code or incorrect tools. Commissions may be voided for several reasons including but not limited to, the violation of any of the terms in this agreement, or in the case of fraudulent orders.
SECTION 4 - DISCOUNTS
Affiliates are eligible for a 20% discount (to be paid as commissions) on all products they order through their affiliate account on the P2Life website. Please ensure you use your given link for tracking purposes.
SECTION 5 - PAYMENT
Affiliates will be compensated on a monthly basis, from date of joining, via the PayPal account provided to us joining the Affiliate Program. In order for a payment to be processed affiliates must generated a minimum of $50 in commissions. If the commissions fall below this minimum the balance will be continued over to the next month, or until the affiliate generates the $50 minimum. After each payment is processed the commissions account resets and affiliates will be subject to the $50 minimum for the next payment cycle. If the affiliate’s PayPal email changes it is the sole responsibility of the affiliate to notify P2Life to ensure proper commission of payments. P2Life will not resend payments returned due to incorrect payment email addresses.
SECTION 6 - ORDER FULFILLMENT AND CUSTOMER INFORMATION
P2Life will be responsible for processing, collecting payment, and packaging each order placed on the P2Life website via affiliate links. P2Life will be solely responsible for all customer service and retain sole access to customer information. P2Life uses third party vendors to complete the product shipment process, as well as third-party tools for order processing, payment and referrals. Affiliates are not authorized to collect payments or sell any P2Life products on other websites as a “reseller”. No “resale” rights are granted in any way. Affiliates are not authorized to give away product on behalf of P2Life, and are not authorized to sell P2Life products on any other website, or in any retail store, without express written permission from P2Life. P2Life is responsible for setting the price paid by the customer, and reserves the right to update these prices.
SECTION 7 - REFUNDS
If a customer is eligible for for a refund the affiliate is not eligible for a commission from that sale, and P2Life will issue the refund to the consumer. If the affiliate has already been paid for the sale the customer requires a refund for, then refund amount will be deducted from the balance of payment owed to the affiliate in the following month.
SECTION 8 - QUALIFYING SITES
Affiliate sites must not use their site:
i) for any unlawful or unauthorized purpose;
ii) to solicit others to perform or participate in any unlawful acts;
iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
v) to transmit any information we believe to be, in our sole discretion, abusive, intimidating, disparaging, violent, harassing, harmful, defamatory, vulgar, obscene, lewd, discriminatory, or otherwise objectionable;
vi) to upload, distribute or print anything that may be harmful to minors;
vii) Transmit any material which violates or infringes upon the rights of others, or unlawful;
viii) to submit false or misleading information;
ix) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
x) to collect or track the personal information of others;
xi) to spam, phish, pharm, pretext, spider, crawl, or scrape, or use any automatic or manual process to search or harvest information from the site;
xii) attempt to gain access to secured portions of the Site or Services to which you do not possess access rights, or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Service;
xiii) attempt to reverse engineer or jeopardize the correct functioning of the Site or Service, including the tools, methods, processes and infrastructure of the Site or Service;
xiv) impersonate P2Life, another P2Life user, employee, partner, or provider of P2Life
xv) use the Site or Service to generate unsolicited email advertisements or spam or to send the same to us;
xvi) link, “frame”, inline link or similarly display the P2Life’s content or property without express prior written permission of an authorized P2Life representative;
xvii) List or promote coupon codes or discounts that were not officially provided for them through the Refersion platform. Affiliates may not host coupon-stacking sites which enable customers to combine coupons to generate additional discounts. Affiliates may contact P2Life if they want to create special promotions, and P2Life will work with them on a case-by-case basis, P2Life has sole discretion on whether the discount or coupon code will be created.
xviii) for any obscene or immoral purpose; or
xix) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. P2Life reserves the right to terminate the agreement with any affiliate whose site misrepresents P2Life, uploads affiliate links in by means of unapproved methods or contains content P2Life feels may bring the company into disrepute.
Affiliates may not register, or purchase, any terms, keywords, domains, or other identifiers that include “P2Life” or any P2Life property including product names and slogans, or misspellings or similar alterations of these, for use in any search engine, directory, portal, sponsored advertising service, pay-per-click campaign or other service. P2Life may withhold any commissions otherwise payable to affiliate and immediately terminate this agreement with any affiliate found to be in breach of this provision.
Affiliates are permitted to use the creatives and marketing materials provided to them by P2Life in the Affiliate program. Affiliates may not use P2Life logos, names, marks or any other P2Life property to indicate or suggest they are partnered with P2Life. Affiliates are solely responsible for the development, maintenance and operation of their sites. P2Life is not responsible for making recommendations to affiliates when changing content or links on the p2life website. P2Life reserves the right to monitor affiliate sites for compliance and may at times, but is under no obligation, to notify affiliate of changes we feel should be made. Failure to make changes to rectify violations will be grounds for termination.
Affiliates are solely responsible to follow all applicable intellectual property and other laws pertaining to the affiliate laws. Affiliates agree they will obtain express permission to use any person or company’s copyrighted material, and affiliates accept sole responsibility for violating copyright law or the rights of any third party.
Affiliate sites must inform visitors if they are using cookies, and agree not to use Adware. Affiliate agree to take reasonable measures to inform parents and users of security measures enforced to protect user identity and minors. Affiliates should take reasonable measures to inform visitors of their site how the affiliate site uses their data. Affiliates agree to post U.S Food and Drug Administration disclaimers on the affiliate website where relevant.
SECTION 9 - ANTI-SPAM POLICY
P2Life takes Spam very seriously, and reserves the right to terminate this agreement and services for any affiliate found in violation of this spam policy. Affiliates may not spam email, send or engage in any other form of internet abuse including spamming of forums, blogs, Facebook, Twitter or any other social media outlets, or any form of illegal means of communication.
Examples of spam include but are not limited to:
i) Electronic email messages addressed to a recipient with whom the sender does not have an existing business or personal relationship, or has not requested or expressly consented to the subscription.
ii) Messages posted to forums, Facebook, twitter, usenet, or other message boards, that are off-topic or un-related, cross-posted to unrelated newsgroups, posted in excessive volume or posted in a way that violates the forum/message board rules. Should a forum or message board owner complain that an affiliate has spammed that affiliate account will be investigated and if found in violation of this policy, the affiliate account will be permanently terminated.
iii) Posting content or comments to blog posts for the sole purpose of keyword spamming, or content or comments that violate the comment policy of the blog owner.
iv) Posting solicitations in chat rooms, or to groups or individuals through Instant Messaging Platforms.
v) Offline activities that while are not considered spam are similar in nature, for example but not limited to distributing flyers, leaflets, print outs on private property, or where otherwise prohibited by any rules, regulations, laws or ordinances.
Communication using fraudulent or unethical means of communication, including but not limited to bots, fake email addresses, scripts, fictitious identities will also be grounds for immediate termination. Affiliates will not use their affiliate links in any pay-per-click programs, junk mail email server programs, any kind of spam, hit distribution networks.
P2Life will, with the receipt of any spam complaint, investigate the complaint and the affiliate account involved. If P2Life, at its sole discretion, finds the affiliate in violation of this anti-spam policy, the affiliate account will be terminated immediately, and the affiliate will forfeit any unpaid commissions on the account, as well as lose all referrals.
If you wish to report a violation of the P2Life anti-spam policy please forward the relevant evidence to email@example.com
and we will investigate the matter.
SECTION 10 - RELATIONSHIP OF PARTIES
Affiliates are independent contractors. Nothing in this agreement shall be construed to create or imply a joint venture, franchise, agency, sales representative, partnership, principal-agent, or employment relationship between the parties.
Affiliates have no authority to make or accept any offers or representations on behalf of P2Life, nor shall affiliate purport to be acting as the legal agent of P2Life. Unless P2Life specifically authorizes affiliate in writing, affiliate will not enter into any agreement on behalf of P2life or otherwise bind or purport to bind P2Life or cause P2Life to incur liability in any manner whatsoever. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
Affiliates are not eligible for any P2Life company benefits, including but not limited to insurance programs, medical benefits or other forms of compensation that are not contained in this agreement, unless otherwise expressly indicated in writing between affiliate and P2Life.
Affiliates agree to pay for all of their own marketing materials, and must not use any materials from any of the P2Life domains, sites, social media, any likeness to P2Life, or mention of P2Life (in a manner that demonstrates they’re affiliated), without expressed written permission from P2Life. Affiliates must not sign off as a distributor and agree to never impersonate an authorized P2Life agent, or introduce themselves as a P2Life agent to any customer, vendor, company or any third party.
Affiliate agrees they will not contract out they affiliate position to any third party, or hire another distributor to promote their affiliate url, and agree to not distribute any portion of their commissions with any third party for any promotional services or duties they accept in the affiliate program. Further Affiliates agree to not make any false, fraudulent, or slanderous claims that could bring P2Life into disrepute.
As independent contractors, affiliates are solely responsible for filing their taxes with the IRS. Affiliate agrees to pay all income taxes, unemployment insurance premiums, federal pension plan premiums, and all other taxes, charges and contributions which competent government authorities levy or require to be paid in respect of commissions paid to affiliate.
Affiliates are required to provide social security numbers or tax ID numbers, through a secure platform, once their account accrues over $600 in commission pay out, as the IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid, and recognized as an independent contractor. If the affiliate fails to provide this information in an accurate and timely manner the affiliate account may be terminated.
SECTION 11 - TRADEMARK
The company name, “P2Life,” the P2Life logo and all related names, logos, products and service names, formulations, creatives. designs and slogans are property of P2Life. You must not use any P2Life property without express prior written permission from P2Life.
All intellectual property rights, including but not limited to trademark, copyrights, patent rights or applications, trade names, product names, logos, designs, slogans, creatives, content, including rights in and to any derivatives thereof. You may not modify and P2Life property, content, trademarks or images provided to you without the express written permission from P2Life.
SECTION 12 - TERM AND TERMINATION
Upon termination of this agreement affiliate understands all licenses granted under this agreement terminate. Affiliate agrees to remove all P2life trademarks and property, including but not limited to any marketing material, logos, name, mention of or likeness of P2Life from all affiliate websites, immediately after termination. Affiliate understand they will not be eligible for any commissions brought in using their unique affiliate link once this agreement terminates.
SECTION 13 - LIMITATIONS OF LIABILITY
In no case shall P2Life, our employees, contractors, officers, other affiliates, agents, sub-contractors, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damage of any kind, including, without limitation lost profits, lost revenue, lost savings, goodwill, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or others arising from your involvement in the affiliate program or use of the P2life service, products or tools, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind, even if we have been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damage, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Further, notwithstanding anything to the contrary contained in this agreement, in no event shall P2life accumulate liability to you arising out of or related to this agreement, whether based on contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless P2Life and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these agreement, Terms of Service or the documents they incorporate by reference, or your violation of any law (including but limited to copyright law) or the rights of a third-party.
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise any right or provision of this agreement shall not constitute a waiver of such right or provision. This agreement and any policies or operating rules posted by P2Life on the site or in respect to the agreement constitutes the entire agreement and understanding between you and us govern your participation in the affiliate program, superseding any prior or contemporaneous agreements, communications, proposals, whether oral or written, between you and us including but not limited to, any prior versions of the agreement.
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. Any ambiguities in the interpretation of this agreement shall not be construed against the drafting party. If the court determines any of the provisions in this agreement to be unenforceable they will be severed from this Agreement and the remaining provisions shall remain in effect and in full force.
SECTION 16 - CHANGES TO THIS AGREEMENT
At times we may make changes to this agreement, we do this at our sole discretion. These changes may include, but are not limited to, changes in the scope of available commissions, payment procedures and Affiliate Program policies. If any of these changes are unacceptable to you, your only remedy for dissatisfaction is to terminate your participation in the program. If you continue your participation in the program it will be considered as your acceptance of the change. P2Life will notify you of changes to the email you provide upon sign up. It is your responsibility to monitor your email, read through and understand these changes. You can review the most current version of this agreement at any time on this page.
SECTION 17 - DISCLAIMERS
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the affiliate program. P2Life is exempt from all warranty, including but not limited to, traffic generated and revenue earned. In addition, P2Life makes no representation that the operation of the websites or the affiliate links will be uninterrupted or error-free, and P2Life will not be liable for the consequence of any interruptions or errors.
SECTION 18 - GOVERNING LAW
This agreement shall be governed and construed in accordance with U.S Federal law and the laws of the state of Florida.
In any action to enforce this agreement, the prevailing party will be entitled to cost and attorney’s fees. Any cause of action brought by you against P2Life must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Any dispute shall be resolved exclusively in the state or federal courts in Broward County, Florida. Affiliate agrees to submit the personal jurisdiction and venue of the courts of the State of Florida for any legal proceeding involving the program and site, regardless of who initiated the proceeding.
SECTION 19 - MISCELLANEOUS
This is an English-language agreement. In case of any inconsistency between this English-language agreement and its translation into another language, this agreement document shall control. Affiliate agrees that they have read and understand the contents of this document in full.
SECTION 20 - REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have read and understand this agreement in full and that you have the full right, power and authority to enter into and be bound by the terms of this agreement without the approval or consent of another party. By accepting this agreement and joining the P2Life Affiliate program, you, the Affiliate hereby agree the 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 the agreement terms.
SECTION 21 - CONTACT INFORMATION
Questions about this agreement should be sent to us at firstname.lastname@example.org.