Operating Agreement
This agreement describes the entire terms and conditions for participation in the Diet Amino Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Diet-Amino.com. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" or "Diet-Amino.com" refer to Diet Amino Ltd and the term "product" refers to Diet Amino in packet form.
You can add or remove links at any time:
You may add as many links to Diet-Amino.com, or remove such links, at anytime and without prior approval from Diet Amino Ltd.
Referral Fee Amount:
The purchase price of Diet Amino will count toward the total sales during the calendar month in which Diet Amino is sold. Only orders of the product that are sold by Diet Amino Ltd and distributed from the Diet-Amino.com website and for which Diet Amino Ltd has received full payment will qualify for a referral fee.
The total of such sales (exclusive of shipping charges) referred by the sponsoring website in any given month will be the amount upon which the referral of 10% will be calculated.
Referral Fee Payment:
Diet Amino Ltd will send your referral fees using PayPal on the 30th day of the month following the sales.
Referral Fees:
Order Processing:
Diet Amino Ltd will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use the Diet-Amino.com secure online ordering process. Order forms, payment processing, shipping and distribution and related customer service are the responsibility of Diet Amino Ltd.
All of the rules, operating procedures and policies of Diet Amino Ltd regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Diet Amino Ltd reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales:
Diet Amino Ltd will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in real-time with a special URL that they are assigned.
Promotional Techniques:
The Participant is free to promote the link to Diet Amino in all the ways we recommend in the introduction email letter the participant receives by email immediately after signing up. Examples of acceptable ways to promote Diet Amino are: through banners, text links, letters of recommendation to newsletters subscribers or client base. However, if the participant uses SPAM (in any way, shape or form, including email and newsgroup spamming), or offers Vaam on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to the participant and will be property of Diet Amino Ltd.
References/Testimonials:
You agree to cooperate with Diet Amino Ltd in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.
Resellers Signing-Up Under Themselves:
We will not tolerate current associates signing themselves up as sub-resellers under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this (which is programmed to look for any similarities whatsoever in any of our associate records and flag us). If we find that this is ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain the sole property of Diet Amino Ltd.
Copyrighted material:
As the Participant, you are solely responsible for ensuring that your reviews, course descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Diet Amino Ltd will not be responsible if you use another party's copyrighted material in violation of the law.
Diet Amino Ltd policy applies to all orders:
Every customer who buys a product through this program is deemed to be a customer of Diet Amino Ltd. The Participant does not have the authority to make or accept any offer on behalf of Diet Amino Ltd. All Diet Amino Ltd policy regarding customer orders, product distribution, pricing and problem resolution, will apply to these customers. Diet Amino Ltd is not responsible for any representations made by the Participant which contradict our policies.
Product prices and availability:
The price charged for every product sold under this program will be determined by Diet Amino Ltd according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the Diet-Amino.com website linked from your sponsoring website.
Product availability can change, and Diet Amino Ltd will present the best information available to all sponsoring sites and its clients regarding product availability.
Website service interruption:
Diet Amino Ltd will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Diet Amino Ltd liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents:
You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with Diet Amino. You will act consistently with these rights and act to preserve them in the course of the marketing and sales of Diet Amino. We grant you the right to our Trademarks and Trade Names in connection with the marketing and sales of Diet Amino.
Term of the Agreement:
The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Diet Amino Ltd and shall end when cancelled by either party as provided below.
Referral Fees earned through to the date of expiration or cancellation of this agreement will remain payable. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified:
Diet Amino Ltd reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
Cancellation of this agreement:
Either Diet Amino Ltd or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer:
Diet Amino Ltd makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Diet Amino Ltd’s then current product sales policies, any products sold there under, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages:
Diet Amino Ltd shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Diet Amino Ltd has been advised of the possibility of such damages. Further, Diet Amino Ltd's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Diet Amino Ltd to the Participant under this agreement.
Miscellaneous:
Participant and Diet Amino Ltd are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Diet Amino Ltd. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.