This Genesis Health Products Affiliate Partner Program Agreement (the "Agreement") is made by and between Genesis Health Products, Inc., a California, USA corporation ("shop.genesisgold.com"), and you, as an Affiliate utilizing the Genesis Health Products service ("You", "Your", "Affiliate"). 

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for The Genesis Health Products Affiliate Partner Program you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Genesis Health Products Service as an Affiliate. 

The following agreement is summarized as follows:

• You may place our marketing banners anywhere on your site as you see fit, or within non-spam emails.


• We may email you concerning new products, services, or programs.


• We might make changes to this service as we see fit, but we will always notify you before any changes come into effect.


• Adult, Hate, or other related sites are not allowed to be used to market Genesis Health Products, Inc.


• You will be paid your commissions, on a monthly basis.


• All statistics are collected and calculated by Genesis Health Products, Inc., and will be the only valid stats used for determining commissions.


• Any page that contains shop.genesisgold.com links, banners, or code must be written in English.


• As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. 


• Self-referrals for affiliate or merchant accounts are strictly prohibited.


• Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA.


• You won't hold us liable for anything, a link to a non-shop.genesisgold.com website does not mean that shop.genesisgold.com endorses or accepts any responsibility for the content or the use of such website. 


• You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send emails to lists or groups that you do not have permission to send too. We cannot stress this enough, we WILL terminate your account on the first offense.


• You may place banners or links within your newsletters, in content of your website, or within other web related content.


• Affiliate accounts that are left inactive for more than 6 months will be removed from our system. An inactive affiliate account is defined as any account that has not been logged into for a period of 6 months, nor have any transactions been credited to that account. If any of these conditions are true - the account will remain in an active state.


• At no time will an affiliate ever owe monies to Genesis Health Products, Inc based on fees. 


• Failure to abide by these rules could mean termination from this affiliate program, with a complete forfeit of commissions.


• Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

PRIVACY POLICY

Genesis Health Products, Inc respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact [email protected]. 

DEFINITIONS

"Performance Marketing" occurs when individual websites that generate their own traffic ("Affiliates") partner with online Merchants ("Merchant")'s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use shop.genesisgold.com to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment. 

"Merchant" means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Merchants use shop.genesisgold.com  to facilitate relationships as well as gain tracking, reporting, and issuance of commission payment. 

"Visitor" means any person, or user that clicks on a Link to shop.genesisgold.com that was placed on an Affiliate's website. 

"Sale commission" means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant's website that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.

"Payout" means the amount of sales commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action. 

"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor to shop.genesisgold.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant. 

"VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant's may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons. 

"Your Account" means a specific account within the Service, where Commissions are credited. 

THE SERVICE

Genesis Health Products, Inc has developed and operates a service (the "Service") which allows Affiliates to participate in Performance Marketing programs. As an Affiliate of Genesis Health Products, Inc all Affiliate relationships will be conducted and managed through the Service.

LINK PLACEMENT 

As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in acceptable locations. 

• You may place our merchants banners anywhere on your site as you see fit, or within non-spam emails.


• Adult, Hate, or other related sites are not allowed


• Any page that contains shop.genesisgold.com links, banners, or code must be written in English.


• You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.


• Affiliate accounts that are left inactive for more than 6 months will be removed from our system. An inactive affiliate account is defined as any account that has not been logged into for a period of 6 months, nor have any transactions been credited to that account. If any of these conditions are true - the account will remain in an active state.


• At no time will an affiliate ever owe monies to Genesis Health Products, Inc based on fees. 

AFFILIATE PAYMENT 

You will receive a Commission for sending a Merchant authorized sales via Your Links. In order to place Links, You must first be approved by Genesis Health Products, Inc to become an Affiliate of this program. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You will receive the Commission from Genesis Health Products, Inc. Payments are made automatically once a month for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by Genesis Health Products, Inc, we may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Genesis Health Products, Inc. 

SERVICE AND SUPPORT 

Genesis Health Products, Inc will provide support for the Service as indicated on the shop.genesisgold.com website. 

EMAIL CONTACT 

Genesis Health Products, Inc reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Genesis Health Products, Inc related products and services. 

CHANGES TO THE SERVICE 

Genesis Health Products, Inc reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Genesis Health Products, Inc will notify You via e-mail, newsletter or the shop.genesisgold.com website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service. 

REGISTRATION 

To sign up as an Affiliate of Genesis Health Products, Inc  and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities. 

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Genesis Health Products, Inc : ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide Genesis Health Products, Inc  with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Genesis Health Products, Inc may rely on any data, notice, instruction or request furnished to Genesis Health Products, Inc by You which is reasonably believed by Genesis Health Products, Inc to be genuine and to have been sent or presented by a person reasonably believed by Genesis Health Products, Inc to be authorized to act on Your behalf. You shall notify Genesis Health Products, Inc by e-mail at [email protected] of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Genesis Health Products, Inc and referral to the appropriate law enforcement agencies. 

ACCEPTED USE

You represent to Genesis Health Products, Inc that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Genesis Health Products, Inc may not review all information provided by You, You shall remain solely responsible for Your content and website. As an Affiliate, You may not artificially inflate traffic counts to Merchant site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links 

LIMITED WARRANTY

The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Genesis Health Products, Inc DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Genesis Health Products, Inc SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY website OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

Genesis Health Products, Inc OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Genesis Health Products, Inc SERVICE OR ANY INFORMATION PROVIDED ON THE Genesis Health Products, Inc website OR ANY OTHER HYPERLINKED website, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Genesis Health Products, Inc OR A Genesis Health Products, Inc AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE website OR ANY HYPERLINKED website. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Genesis Health Products, Inc LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY. 

You agree that Genesis Health Products, Inc, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your website, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless Genesis Health Products, Inc and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

Genesis Health Products, Inc agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Genesis Health Products, Inc’s negligence or willful misconduct in performance of the Services or its breach of this Agreement. 

NON-DISCLOSURE

Genesis Health Products, Inc acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. Genesis Health Products, Inc agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Genesis Health Products, Inc, that becomes available to Genesis Health Products, Inc from third parties without knowledge by Genesis Health Products, Inc of any breach of fiduciary duty, or that Genesis Health Products, Inc had in its possession prior to the date of this Agreement. Genesis Health Products, Inc does not collect information about a Merchant's customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. Genesis Health Products, Inc reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as shareasale.com deems appropriate.

DATA PROTECTION

You, the affiliate, warrants, represents and covenants to Genesis Health Products, Inc that You will comply with all applicable privacy and data protection laws, and rules and regulations applicable to the use of the Services. You shall establish and maintain physical, electronic and procedural safeguards, including the use of keycards, codes, intrusion detection systems, user names, passwords and encryption software, to prevent the unauthorized access, use, copying, disclosure, modification, transference, destruction, loss, or alteration of any personal identifying information ("PII"), including a person's name, address, telephone number, email address, age, social security number, credit card or debit card number, IP address or any other information that is personal or is likely to enable identification of a specific individual, during Your use, transmission or storage of any such PII. Where applicable law requires consent for the cookies served by Genesis Health Products, Inc, You warrant that You will obtain the prior, freely given, specific and informed consent of any Visitors to any cookies served (or other similar technology used) by Genesis Health Products, Inc on the Visitor as a result of a click.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant's sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. 

Genesis Health Products, Inc may immediately terminate Your license to use the marks if Genesis Health Products, Inc reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant's ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.

REPRESENTATIONS

Genesis Health Products, Inc makes no representations whatsoever about any other website which You may access through the Service. In addition, a link to a non-Genesis Health Products, Inc website does not mean that Genesis Health Products, Inc endorses or accepts any responsibility for the content or the use of such website. 

NONASSIGNABILITY

Affiliate or Genesis Health Products, Inc may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties. 

FORCE MAJEURE 

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. 

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.