The following are the terms and conditions (this “Agreement”, “Terms” or the “Terms of Service”) for affiliates that direct potential customers to any Real Food Recharge web site (the “Real Food Recharge”, “RFR”, “Site”,”Program”) and where Real Food Recharge has agreed to pay that affiliate (“you” or the “affiliate”) for directing those potential customers to the Site.
By submitting your application for being an affiliate of the Real Food Recharge, you agree to be bound by the Terms as stated herein without modification.
B. Nature of the Relationship
The nature of the relationship between Real Food Recharge and you will be that of independent contractors for all purposes and in no event will you or any person employed by you be held or construed to be employees of Real Food Recharge. Specifically, Real Food Recharge is not a member of any partnership, joint venture or franchise arrangement with you.
C. Ownership and use of Real Food Recharge Materials
“Real Food Recharge Materials” include any PDF’s, images, meal plans, recipes, forms, downloads, software, products, web links, promotional material, email, information, partial Real Food Recharge Material or any other materials provided by Real Food Recharge, the Site or any Real Food Recharge service in any way. Real Food Recharge retains complete ownership and all rights to the Real Food Recharge Materials. You do not have the right to use or change any of the Real Food Recharge Materials without prior written consent of Real Food Recharge. You do not have the right to use any Real Food Recharge Materials for third party or competitive use. All use of Real Food Recharge Materials, with or without prior written consent, will cease after termination of this agreement.
D. 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. Real Food Recharge 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 Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
This Agreement will be for an indefinite term and can be terminated immediately without cause by either Real Food Recharge or you providing notice to the other party. Upon termination, you will stop using Real Food Recharge Materials.
- RFR will pay commissions from the sale of designated programs, products and/or promotions in accordance with the terms of such promotional campaigns as may be provided by RFR to Affiliate from time-to-time.
- Commissions will be tracked via dedicated unique links provided by RFR. Each affiliate and ambassador is required to use the link provided in advance of the promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commissions will only be paid on business generated through properly formatted affiliate links that are automatically tracked by our systems.
- All payment processing shall be performed by RFR. Commissions shall be paid out within 30 days after the completion of the 7-day refund period, and only on sales that have not been refunded within that period. You will have access to sales and commission reports available through the Real Food Recharge Affiliate Program dashboard.
- The cookie duration for tracking of affiliate sales will be 45 days.
- All commissions and prizes awarded will be subject to federal state, and/or local tax.
Payments only begin once you’ve earned more than $80 in affiliate income. If your affiliate account never crosses the $80 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $80 threshold.
Real Food Recharge agrees to pay you a commission of forty percent (40%) of the sale price of regular tier programs, excluding coaching or consultation add-ons.
F. Content Development
Affiliate shall promote and market our programs using only promotional materials supplied or approved by RFR. Promotional material (emails, landing pages, ads, social media posts) must be consistent with RFR’s branding and shall not be false or misleading.
You may be given or obtain access to non-public information of Real Food Recharge that Real Food Recharge considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively “Confidential Information”). You agree not to use any Confidential Information disclosed to you by Real Food Recharge for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Real Food Recharge immediately and in writing of any misuse or misappropriation of Real Food Recharge’s Confidential Information, which may come to your attention and to return Real Food Recharge’s Confidential Information upon the request of Real Food Recharge.
You agree to indemnify and hold Real Food Recharge, its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).
I. Limitations of damages
Real Food Recharge will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Real Food Recharge is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Real Food Recharge regarding such damages.
J. Trademarks and other Intellectual Property
You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Real Food Recharge (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Real Food Recharge. You may use and display such trademarks only in the manner and for the purpose authorized by the Real Food Recharge, and only during the Term of this Agreement. Real Food Recharge reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Real Food Recharge in any corporate, partnership or business name without Real Food Recharge’s prior written consent. Healthy Life Redesign Inc. is the owner of the Real Food Recharge trade name, brand and trademark.
No press releases mentioning your affiliate program participation may be made without prior written consent of Real Food Recharge to a release being made. You will provide a copy of any press releases to Real Food Recharge.
You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Real Food Recharge or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Real Food Recharge’s Site or products using illegal, unethical, or misleading methods, or through inaccurate content.
All affiliates (regardless of their country of domicile) must be in compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines.
Your service will be terminated immediately and without warning should you use our system as a part of any bulk email campaign. You may also be subject to government fines and legal actions as a result of your bulk email promotion.
M. Modification to Terms
Real Food Recharge reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. Continued use of the Real Food Recharge program after any such changes shall constitute your consent to such changes. Real Food Recharge is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized Real Food Recharge officer.
N. Entire Agreement
This Agreement cannot be assigned.
No failure or delay, on the part of Real Food Recharge, in exercising any right or power under these Terms will operate as a waiver of such right or power.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
R. Governing Law and Notices
In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the Province of British Columbia in Canada. You consent to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada. All notices will be addressed to firstname.lastname@example.org. Any notices to you may be delivered to you at the address, email address provided in your application or to any address later provided.
S. End User
The end user of Real Food Recharge’s Material will be subject to the Site’s terms and conditions and disclaimers.
T. Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Real Food Recharge and you.
The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.