1. Introduction
Welcome to the Thomas Clinics Affiliate Program. By signing up to be an Affiliate in Thomas Clinics Affiliate Program ("Program"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
2. Enrollment in the Program
To enroll in the Program, you must submit a completed Program application, provided by request via our website. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion.
3. Affiliate Responsibilities
As an Affiliate of Thomas Clinics, you agree to actively promote our products using ethical marketing strategies. You will not engage in any misleading, deceptive, or fraudulent activity. You must comply with all applicable laws and regulations.
4. Commissions
Affiliates will earn a commission of 10% on direct sales generated by referred customers for a period of three (3) years following the referral. Commissions are calculated based on the net sales amount, excluding shipping, handling, fees, taxes, and any discounts applied.
5. Commission Payment
Commissions are paid out quarterly. Payments are made within 30 days following the end of the quarter in which the sales were made. Commissions are paid via PayPal or bank transfer. Affiliates are responsible for providing accurate payment information and keeping it up to date.
6. Referral Tracking
Thomas Clinics will track referrals initially using referral codes. Subsequently, a referred customer will no longer require a code and will have been attributed to the Affiliate. A referral is valid for 3 years from the date a new customer submits a first order. If the customer makes a purchase within this period, the referral will be credited to the Affiliate.
7. Termination
Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination, the Affiliate will be eligible to receive any unpaid commissions earned prior to the date of termination. However, no further commissions will be earned after the termination date.
8. Modification
Thomas Clinics reserves the right to modify or update these Terms of Service at any time. Affiliates will be notified of any changes via email or through our website. Continued participation in the Program after any such changes shall constitute your consent to such changes.
9. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of Thomas Clinics.
10. Limitation of Liability
Thomas Clinics will not be liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
11. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Thomas Clinics is headquartered, without regard to its conflict of laws principles.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, written or oral.
14. Acceptance
By submitting your application and participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
15. Language
All parties have requested that this Agreement be prepared in the English language. Les parties reconnaissent avoir exigé et consenti à ce que cette convention ainsi que tous documents, avis, correspondance et procédures légales consécutifs à, ayant rapport directement ou indirectement avec, faisant partie ou découlant de cette convention soient rédigés en anglais seulement.