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By registering as an affiliate you agree to the following Terms of Service.
This Affiliate Agreement ("Agreement") is by and between MedInfo, Inc. (“MedInfo”) and/or its assigns ("Clipboards.com”, “MDpocket.com”, “WhiteCoatClipboards.com") and the entity or person that is hereby applying to be an affiliate of MedInfo and who is accepted by MedInfo to be an affiliate ("Affiliate").
Background
Affiliate desires to place a link on its website that will forward interested browsers to MedInfo websites for the purpose of purchasing items offered by MedInfo. For any purchases made by using Affiliate's Unique Referral URL (defined below), MedInfo will pay a commission at a rate of 5% or, if an alternate rate has been negotiated with MedInfo, at that alternate rate.
1.Terms and Conditions
1.1. Unique Referral URL: MedInfo will pay Affiliate a specified commission on transactions verified by MedInfo to have resulted from the purchaser linking to MedInfo’s websites using a link that incorporates Affiliate's Unique Referral URL. The "Affiliate's Unique Referral URL" will be a URL with a unique Tracking Code generated and provided by MedInfo to the Affiliate. Affiliate's Unique Referral URLs may be viewed on Affiliate's account page.
1.2. Change of Terms: At any time prior to the purchaser following a link incorporating Affiliate's Unique Referral URL, MedInfo may, with or without notice, change, suspend or discontinue any aspect of its affiliate program.
1.3. Posting of Affiliate's Unique Referral URL: Affiliate may choose the location for posting the links which incorporate Affiliate's Unique Referral URL and may modify, remove or alter the placement of the Affiliate's Unique Referral URL in its discretion, provided, however, that should MedInfo object to any such posting, Affiliate will immediately remove or alter the posting pursuant to MedInfo's request. Affiliate may post a deep link to products sold on MedInfo's websites.
1.4. Affiliate Statements: Affiliate shall not make any warranty or representation regarding MedInfo, products or services or MedInfo's website policies except as expressly directed or permitted by MedInfo.
1.5. URL Malfunctions: Affiliate shall notify MedInfo of any malfunctioning Affiliate Unique Referral URL or any other problems relating to this Agreement.
1.6. Framing and Marketing Practices: Browsers following Affiliate's Unique Referral URL shall experience MedInfo' website exactly as presented by MedInfo without the use of "frames" by Affiliate or the Affiliate's addition or use of advertisements, branding or other material. Affiliate shall not transmit "interstitials," "Parasite Ware," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations/Add ons," "Shopping Wallets" or "deceptive pop ups/unders" to browsers following the Unique Referral URL from the time the browser clicks on the Affiliate Unique Referral URL link until such time as the browser has fully exited Affiliate's website. Affiliate sites that use pop ups/unders for the purpose of aiding browsers may not use such devices to overwrite a commission tracking cookie, deceive the browser or redirect the browser from MedInfo's websites at any time. Affiliate shall not automatically set tracking cookies on the browser's computer in any way. Only direct clicks on the Affiliate Unique Referral URL will be used to create or overwrite a tracking cookie as specified by MedInfo. Affiliate shall not cause any program to be downloaded or installed on any browser's computer without the express consent by such browser. Affiliate shall not distribute any e-mail containing the Affiliate's Unique Referral URL link without first obtaining the written approval of MedInfo.
1.7. Use of Thumbnails: Affiliate may utilize product thumbnail and preview images made available by MedInfo on MedInfo's websites for the purpose of providing potential customers with a preview of those products and a deep link directly to that product page. Under no circumstances may Affiliate display, in whole or in part, actual products on Affiliate's website.
1.8. Domain Names: Affiliate will not register or use any domain name that contains, in whole or in part, any of MedInfo' Marks (as defined below).
1.9. Privacy Policy/Terms and Conditions: During the application/sign up process to be come an Affiliate, MedInfo requires that certain personally identifying information be provided. For Affiliates, the information includes a complete IRS form W-9 or W-8 BEN which will include the Affiliate's Social Security Number or Employer Identification Number. MedInfo does not store this information online, but does maintain it at its local offices for record keeping and reporting purposes. All other information provided to MedInfo while on any MedInfo website is governed by the Privacy Policy. Affiliate acknowledges that its activities on MedInfo's website are also governed by the Terms and Conditions.
2. Payments and Discounts
2.1. Timing of Payments: All payments to Affiliates will be made during the last week of each calendar quarter. Any account with a balance over $150.00 USD will receive a payment at that time. Balances under $150.00 will be rolled over from month to month until the balance exceeds $150.00.
2.2. Payment by Check/Wire Service: Affiliates may choose to receive payments through various third party payment services. Affiliates in the United States opting to receive payment by check will receive the check, at no additional charge, via U.S. First Class Mail. For Affiliates who request a payment check to be sent outside of the United States, the cost of first class postage will be deducted from the amount paid. Any Affiliate choosing to have payment made by Western Union, PayPal, or other wire service, will have the fees for utilizing that service deducted from the amount paid.
2.3. Affiliate Discount: Affiliates may take advantage of the referral program by purchasing products for their own usage from MedInfo websites. If the Affiliate completes the purchase through their own Affiliate's Unique Referral URL, the standard referral payment will be credited to Affiliate's account.
3. Ownership and License of Intellectual Property
3.1. Ownership of Marks: Affiliate acknowledges that MedInfo is the exclusive owner of the following trademarks, service marks, trade names, slogans and any related artwork or logos: “Clipboards”, “Clipboards.com”, “WhiteCoat Clipboard”, “WhiteCoatClipboards.com”, “The Clipboard Shop”, “Clipboards.com", “MDpocket.com”, “MDpocket”, “MedInfo, Inc.”, and "TheClipboardShop.com " (collectively, the "Marks"). All good will arising out of the use of the Marks as set forth in this Agreement shall inure to the benefit of MedInfo and Affiliate shall not claim any ownership rights in the Marks or any derivative thereof or any confusingly similar marks.
3.2. Ownership and Rights: Affiliate acknowledges that MedInfo owns, or has exclusive rights in, all of the products and images on the MedInfo websites.
3.3. License and Quality Control: MedInfo grants Affiliate a revocable, nonexclusive, nontransferable license, without right of sub license, to use and reproduce the Marks on Affiliate's website solely for the purpose of promoting the products and services of MedInfo and only in close proximity to the Affiliate Unique Referral URL link. Any use of the Marks that does not meet the approval of MedInfo will be immediately removed by Affiliate. Affiliate may not use the Marks to gain priority listing on any search engine or in connection with any pay per click, paid listing or other advertising or marketing. MedInfo grants Affiliate a revocable, nonexclusive, nontransferable license, without right of sub license, to use and reproduce product thumbnail and preview images solely for the purpose of promoting the products and services of MedInfo and only in close proximity to the Affiliate Unique Referral URL link. Any use of the product thumbnail and preview images that does not meet the approval of MedInfo will be immediately removed by Affiliate.
3.4. Ownership of Customer Data: MedInfo shall own and retain all right, title and interest in all personally identifying information (names, addresses, e-mail addresses, etc.) collected from browsers visiting MedInfo website, including those who access the website by following the Affiliate Unique Referral URL link.
4. Termination
4.1 Termination: Either party may terminate this agreement at any time, for any reason or for no reason at all, by providing notice of such termination via e-mail.
4.2. Effect of Termination: Upon termination, MedInfo will pay to Affiliate any earned, but unpaid commissions. Affiliate will immediately erase from its website any Affiliate Unique Referral URL link and cease any and all use of the Marks and template thumbnails and previews. No commission will be paid on any sale made by following the Affiliate Unique Referral URL link after termination.
5. Representations and Warranties
5.1. Affiliate's Representations: Affiliate represents and warrants that it has the right, power and authority to enter into the Agreement and that it will comply at all times with all applicable laws, rules and regulations relating to the operation of its website, including, but not limited to all anti-SPAM legislation.
5.2. No Guarantee: Affiliate acknowledges that MedInfo and/or its assigns does not guarantee or predict any type of profit or response from said services. Affiliate agrees to hold MedInfo harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which MedInfo and/or its assigns may become subject arising out of or relating in any way to the use by Affiliate of the services provided under this agreement, including,without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses,suits, damages or liabilities.
5.3. DISCLAIMER OF WARRANTIES: MEDINFO MAKES NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES DESCRIBED HEREIN. MEDINFO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
6. Indemnification
6.1. Affiliate Indemnification: Affiliate agrees to and shall indemnify, defend and hold harmless MedInfo and its successors and assigns from and against any and all claims, demands, suits, judgments, damages, costs, losses, expenses(including reasonable attorneys' fees and expenses) and other liabilities incurred by MedInfo arising from (a) any breach of any of the representations, warranties or agreements made by Affiliate under this Agreement; (b) any unauthorized use by Affiliate or any of its sub contractors of any Marks; (c) Affiliate's sales and marketing practices or those of its representatives and agents, including without limitation, any material misrepresentation, warranty or guarantee made by Affiliate or its agents or representatives regarding MedInfo services; or (d) any other claim with respect to Affiliate's sites or any products sold through Affiliate's sites other than a claim relating to products sold and delivered by MedInfo or a claim relating to claimed infringement involving the Marks, provided that the Marks have only been used by Affiliate in accordance with the terms of this Agreement.
6.2. MEDINFO SHALL NOT BE LIABLE TO AFFILIATE OR ANY THIRD PARTY FOR ANY LIQUIDATED, INDIRECT, CONSEQUENTIAL,EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT, EVEN IF MEDINFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Miscellaneous Terms
7.1. Use of System: Affiliate agrees: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to not yourself, and to not permit others with links on Affiliate's website to, offer for sale any illegal goods or services, pornographic or adult-themed material, get rich quick schemes, gambling or any other goods or services that MedInfo, in its sole discretion, deems inappropriate; (3) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to browsers or other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (4) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and (5) to accept commercial emails from us.