"upstreamaffiliates" and the Applicant, hereinafter referred to as "the Partner", on the other part, have concluded the present Agreement as follows:
THIS IS A LEGAL AGREEMENT BETWEEN THE PARTNER AND UPSTREAMAFFILIATES.COM
Upstreamaffiliates.com will be responsible for providing all information necessary to allow the Partner to make appropriate Links from the Partner's site to Upstreamaffiliates.com order forms. Upstreamaffiliates.com will process orders placed by customers who follow the Links from the Partner's site to Upstreamaffiliates.com order forms. Upstreamaffiliates.com will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. Upstreamaffiliates.com will track the volume and amount of sales generated by the Partner's site and will make reports, summarizing this sales activity, available to the Partner through Upstreamaffiliates.com. The form, content, and frequency of the reports may vary from time to time in Upstreamaffiliates.com discretion. To permit accurate tracking, reporting, and fee accrual, the Partner must ensure that the Links between the Partner's site and Upstreamaffiliates.com forms are properly formatted.
Upstreamaffiliates.com will pay the Partner either 35% - 45% (OR $30 PER ORDER DEPENDS ON THE CAMPAIGN) of the sales or the difference between the base and the price charged to the customer. The Partner chooses which method the Partner will use on the Partner's initial signup. Only Products that are sold by and for which Upstreamaffiliates.com has received full payment will qualify for a referral fee. A referral fee will only be paid if the visitor to Upstreamaffiliates.com forms is tracked by the system from the time of the Link to the time of the sale. No referral fee will be paid if the visitor to Upstreamaffiliates.com forms cannot be tracked by Upstreamaffiliates.com system. Upstreamaffiliates.com will pay a referral fee by Ewallet to its choice or wire for the applicable referral fees Once a month (for some twice a month- depends on the payment method and Ewallet), after commission became "approved". If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next payment or the Agent/Affiliate will be billed.
Qualifying Products are listed in the back office. Upstreamaffiliates.com reserves the right to add or delete products at any time at Upstreamaffiliates.com sole discretion as market conditions change.
The Agent/Affiliate will be solely responsible for ensuring that all links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Agent/Affiliate in real time with a special URL that they are assigned. The Partner may add as many links, or remove such links, at anytime and without prior approval from Upstreamaffiliates.com.
Upstreamaffiliates.com policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of Upstreamaffiliates.com. The Agent/Affiliate does not have the authority to make or accept any offer on behalf of Upstreamaffiliates.com. All Upstreamaffiliates.com policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Upstreamaffiliates.com is not responsible for any representations made by the Agent/Affiliate that contradict Upstreamaffiliates.com policies.
Product prices and availability may vary from time to time. Upstreamaffiliates.com cannot guarantee the availability or price of any particular Product.
The Partner is solely responsible for ensuring that the Partner's reviews, product descriptions and articles (if applicable at the Partner's site) obey all applicable copyright, trademark, and other laws. Upstreamaffiliates.com will not be responsible if the Partner uses another party's copyrighted or trademarked material in violation of the law.
The term of this Agreement will begin upon Upstreamaffiliates.com acceptance of the Partner's Affiliate Application and will end when terminated by either party. Either the Partner or Upstreamaffiliates.com may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to the Partner's address on Upstreamaffiliates.com records, is considered sufficient notice to terminate this Agreement.
Upstreamaffiliates.com may modify any of the terms and conditions contained in this Agreement, at any time and in Upstreamaffiliates.com sole discretion.
The Partner and Upstreamaffiliates.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Partner will have no authority to make or accept any offers or representations on behalf of Upstreamaffiliates.com. The Partner will not make any statement, whether on the Partner's site or otherwise, that reasonably would contradict anything in this Section.
Upstreamaffiliates.com will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or Upstreamaffiliates.com's performance of services or of any other obligations relating to the Agreement, even if Upstreamaffiliates.com has been advised of the possibility of such damages. Further, Upstreamaffiliates.com aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to the Partner under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
Upstreamaffiliates.com makes no express or implied warranties or representations with respect to the Product or other items sold through Upstreamaffiliates.com (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Upstreamaffiliates.com makes no representation that the operation of Upstreamaffiliates.com site will be uninterrupted or error-free, and Upstreamaffiliates.com will not be liable for the consequences of any interruptions or errors.
The information contained on this website has been compiled with great care by pharmacists and doctors. But information can change. It is therefore imperative that you always read the patient information leaflet before you start taking any medicine, and that you check that the product you have ordered has been supplied in the correct strength and in the correct form. We (i.e. Upstreamaffiliates.com and its network, its affiliated doctors and pharmacies/pharmacists this website works with) are only able to supply prescription medicines on the basis of a prescription written by a doctor registered in the UK. We cannot accept responsibility for the accuracy of the diagnosis and/or treatment given. The pharmacy is responsible for ensuring that the correct medication, in the correct amount and the correct strength is supplied to the correct patient.
Product liability lies solely with the manufacturer. The user and/or purchaser is responsible for the correct choice and use of self-medication drugs and other pharmaceutical products which are available without a prescription. No diagnostic or therapeutic value should therefore be inferred from the information we provide about such products. That information can never be a substitute for a consultation with or treatment by your doctor, but should be seen merely as general product information provided by the manufacturer or importer.
13. Representations and Warranties the Partner hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by the Partner and constitutes the Partner's legal, valid and binding obligation, enforceable against the Partner in accordance with its terms and that the execution, delivery and performance by the Partner of this Agreement are within the Partner's legal capacity and power have been duly authorized by all requisite action on the Partner's part require the approval or consent of no other persons and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which the Partner are subject or which is binding upon the Partner, or (ii) the terms of any other agreement, document or instrument applicable to the Partner or binding upon the Partner.
The Partner hereby agrees to indemnify, defend and hold harmless Upstreamaffiliates.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that Upstreamaffiliates.com use of the Affiliate Trademarks infringes on the rights of any third party (ii) the breach of any representation or warranty made by the Partner herein or (iii) or any claim related to the Partner's site.
