FOREWORD

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well to protect our company’s good name. So please bear with us as we take you through this legal formality.

If you have any questions, please don’t hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results please email us at affiliates@phymatlife.com.

Best regards,

Elvina Boter
PHYMAT Affiliate Manager

AFFILIATE PROGRAM

PLEASE READ THE AGREEMENT CAREFULLY AND ENSURE YOU UNDERSTAND FULLY.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHENYANG ZHONGKANG ELECTRIC PADDING CO., LTD. (PHYMATLIFE.COM).

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES, YOUR SOLE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.

AGREEMENT

1. Introduction

contains the main terms and conditions that apply to an individual’s or entity’s participation in the Program. “Site” means a World Wide Web site and, depending on the context, refers to any site that you will link to our site (and which you will identify in your Program application). “Affiliate” means an applicant that has been approved by PHYMAT for participation in the Program. The acquisition of End Users is the purpose of the Program, and, in consideration of your referral to us of End Users pursuant to the terms and conditions of the Program, we shall compensate you as set forth below.

2. 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. PHYMAT 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 Program for any illegal or unauthorized purpose (IE: conflicting with the current TOS or any state or federal law of the USA). You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • The MAP (Minimum Advertised Price) must be the same as on our website.
  • Sales on marketplaces such as Amazon, eBay, Walmart, and others are prohibited unless expressly authorized by PHYMAT and its management.
  • Coupons or deals sites are prohibited from participating in affiliate programs except when the special arrangement is negotiated beforehand. This special arrangement supersedes these TOS and can be terminated at any time for any reason.
  • You are not allowed to publish your coupon codes in a searchable format.
  • Resellers cannot use any medical claims or health statements in connection with our sales or advertising that goes beyond statements published on phymatlife.com All resellers or distributors are entirely independent entities. We are not responsible for any resellers’ statements, ads, or actions.
  • Resellers are responsible for collecting all appropriate local taxes. Heating pads as medical devices could be sales tax-exempt in some states.
  • We might need to collect SSN or TAX-ID from your business before we pay any commission.
  • We need to have a business or personal mailing address as official correspondence.
  • To accurately establish a warranty period for products you may have sold as a reseller, you must have a receipt for sales with the following information: model number, date of purchase, the client’s contact information (name/address/telephone #), and your information as well.

3. Promotional Links:

Once you have been notified that our site has been accepted into the Program, you may use any method or form of promotion you choose as long as it complies with the terms and conditions of the Agreement and all applicable laws. Promotional links may include our name and Trademarks and any other content we specifically identify on our site for your use as a promotional feature, tools, and content (collectively, “Affiliate Promotional Links”). We will provide you with guidelines, link styles, and graphical artwork to use in linking to PhymatLife. We may change the design of the artwork at any time without notice.

Utilization of Affiliate Promotional Links:
  • a. We hereby grant you a limited, non-exclusive, and non-transferable license to use our Affiliate Promotional Links for placement on your site without modification, abridgment, or embellishment, for the sole and exclusive purpose of referring potential End Users to PHYMAT. We reserve the right to revoke this license to use the Affiliate Promotional Links, in whole or part, at any time.
  • b. We reserve the right to require you to modify your use of the Affiliate Promotional Links following a review of your site. If we issue formal policies and rules in connection with the usage of the Affiliate Promotional Links, you agree to promptly conform your use of the Affiliate Promotional Links to said policies, as same may be amended from time to time.
  • c. You may not use Affiliate Promotional Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity or to otherwise benefit any third party, save for your Referrals.
  • d. You agree that you shall not bid on, register or purchase search engine keywords, domain names, or other identifying search terms or titles that are similar to the Trademarks owned or controlled by PhymatLife (including but not limited to: PHYMAT, phymat, phymat life, acada, etc), or by any third party to promote your participation in the Program.
  • e. In utilizing the Affiliate Promotional Links, you agree that you will cooperate fully with us in order to establish and maintain the consistency and integrity of such Affiliate Promotional Links as they may be modified, enhanced, expanded, curtailed or eliminated from time to time by us, in our sole and unlimited discretion.

4. Referral Fees/Commissions and Payment

For a Product sale to be eligible to earn a referral fee, the customer must click through a Special Link from your site, email, or other communications to PhymatLife.com and complete an order for a product during that session. There is a 30-day cookie tracking period, during which you can earn commissions if your referral makes a purchase.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will NOT pay commissions if someone says they purchased or someone says they entered a referral code if it was NOT tracked by our system. We ONLY pay commissions on businesses generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $200 in commission. If your current partnership earnings are over $200 your commission will be paid out at the beginning of each month for orders that are over 60 days old. If your account never crosses the $200 threshold, your commissions will not be released or paid. In order to get paid, all US-based accounts are required to have a W-9 form on file.

5. Identifying yourself as a PHYMAT Strategic Partner

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, including stating you develop our products, stating you are part of PHYMAT, or expressing or implying any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

6. Affiliate Representations and Warranties

You warrant and represent as follows:

  1. You have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder;
  2. You are under no legal disability or contractual restriction that prevents you from entering into this Agreement;
  3. The information and data submitted by you in connection with your application and participation in the Program and/or this Agreement is true, accurate, and complete in all respects and shall in no manner mislead or deceive PhymatLife or any third parties.
  4. If your site contains content created by a third party or parties, you own or have acquired all rights to use such content from the owner of the copyright in same;
  5. The content of your site is neither obscene nor defamatory and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
  6. You and/or your site will not transmit unsolicited emails or engage in so-called “spamming” to publicize or promote your relationship with PHYMAT or to increase the number of your Referrals – nor will you advertise or otherwise publicize your relationship with PHYMAT through the use of pay per click search engine advertising or the like. This prohibition applies, by way of example and not by way of limitation, to Google Adwords, Yahoo! Search Marketing (previously Yahoo! Overture), MSN AdCenter, and Ask.com. You acknowledge that such advertising might infringe on the intellectual property rights of PHYMAT and/or third parties. In addition to its other rights and/or remedies under this agreement, PHYMAT shall be under no obligation to pay you any referral fees or other compensation if you violate the terms of this subparagraph.
  7. You and/or your site are not allowed to sell any of PHYMAT products on online stores or sites related to auctions, such as eBay, Amazon, etc.
  8. You and/or your site are not allowed to offer additional coupons, bonuses, or incentives to the End Users. Any discount promotion of our products by affiliates should be authorized by PHYMAT.
  9. You and/or your site shall not submit PHYMAT products to other websites by changing the product name or even using the same name as our products.
  10. You and/or your site are not allowed to sell any of our discontinued products; any liabilities resulting from this will be your sole responsibility of yourself.
  11. You and/or your site shall not exaggerate the functionalities of our products either in your promotion nor on your own sites.

7. PHYMAT’s Representations and Warranties:

  • PHYMAT has the power and authority to enter into this Agreement and to fully perform all of its obligations hereunder;
  • Upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, PHYMAT shall send you written notice of such claim, using the email address provided by you to PHYMAT, specifying the details of the claim as then known to PHYMAT. Pending the determination of a such claim, PHYMAT may withhold from fees and/or other compensation due to you hereunder and any other agreement you entered into with us, such sums as are reasonably related to the probable value of the claim as determined by PHYMAT. You may participate in the defense of any claim through counsel of your selection at your own expense.

8. Compliance with Laws

As a condition of your participation in the Program, you agree that while you are a Program participant you will comply with ALL laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state, or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

9. Term and Termination

  • The Term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement on written notice at any time, with or without cause.
  • Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, all Trademarks and logos, together with all other materials provided by or on behalf of PhymatLife in connection with the Program. You will not earn referral fees on Referrals that occur after the Term.
  • After Termination, we may withhold your final payment under the Program for a reasonable time to ensure that the correct amount is paid and that you have ceased the use of, and removed from your site(s), all Affiliate Promotional Links and are not in breach of this Agreement in any other respects.

10. Disclaimers

Except as stated in paragraph 7 above, we make no express or implied warranties or representations with respect to phymatlife.com any affiliated sites, the Program or any goods or services sold directly or indirectly through its sites (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representations or warranties that the operation and use of our site and the Program will be secure, uninterrupted or error-free, free of viruses or other harmful components or interfere with the operation and enjoyment of your site, and we will not be liable for the consequences of any interruptions or errors, viruses or other harmful components or interference with the operation and enjoyment of your site.

11. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

12. Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

13. Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of PHYMAT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and PHYMAT and govern your use of the Service, superseding any prior agreements between you and PHYMAT (including, but not limited to, any prior versions of the Terms of Service).