This agreement describes the terms and conditions for participation in the BURSTClub.com Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to BURSTClub.com. We are independent parties and this agreement will not form any partnership.
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.
Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
You will receive 30% of the revenue per sale of programs or recurring subscriptions as a commission from orders placed through your Affiliate Site. For a sale to generate a commission to an Affiliate, the customer must complete the order form, and remit full payment for the product ordered. Affiliate commissions will only be paid on sales which are made through qualified Affiliates. Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the 30th or last business day of each month by HealthyOates Inc. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. Affiliates must have an active link on their website. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month.
BURSTClub.com will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the BURSTClub.com will be deemed to be customers of BURSTClub.com. Prices and availability of our products and services may vary from time to time. BURSTClub.com policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
BURSTClub.com reserves the right not to accept any site into the BURSTClub.com Affiliate Program based on site content. Sites that Do Not Qualify for the BURSTClub.com Affiliate Program include sites such as sites that are:
Unsolicited Commercial E-mail - BURSTClub.com in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the BURSTClub.com Affiliate Program, with no refund.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from BURSTClub.com Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Nashville,Tn., and you irrevocably consent to the jurisdiction of such courts. 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 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.
By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
*Please note that NO COMMISSION is paid on your original purchase of becoming a BURSTClub.com subscriber. In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.