Terms of Use and Privacy Statement

Affiliate Terms and Conditions

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the SomaEnergetics.com Associates Selling Program (the "Program"). As used in this Agreement, "we" means SomaEnergetics.com, Inc., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to SomaEnergetics.com's site located at the URL href, or to the site that you will link to our site (and which you will identify in your Program application).

1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program Application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion for any reason(s)) that your site is unsuitable for the Program. We reserve the right to reject any site that is not in the field of Natural Therapies or supportive of Natural Therapies.  You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

2.Links on Your Site and QR Codes.
Once you have been notified that your site has been accepted into the Program, you may provide on your site your personal AFFILIATE ID links to our site and/or generate QR Codes.

3.Order Processing
We will process Product orders placed by visitors who follow your AFFILIATE ID Link(s) from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish including sales from existing customers. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products using the AFFILIATE ID Link(s) from your site to our site and will make available to you reports summarizing this sales activity.

4.Referral Fees
We will credit your account 10% of the purchase price of each product (after discounts) on our web site. For a Product sale to be eligible to earn product credit, the customer must follow a AFFILIATE ID Link(s) provide by you to our site, view and purchase the Product within the associate shopping area using our secure ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us.  We do NOT pay referral fees on self purchases by the affiliate.

6.Referral Fee Credit
We will credit your referral fees on sale by sale basis. At the end of any month in which your total commissions reach the $500 minimum payout, you will be paid within 15 days via PayPal.  If you wish to redeem your commissions prior to reaching the $500 minimum, you may request a SomaEnergetics Gift Card that can be used for any products on the SomaEnergetics Website.

Visitors who buy products through this Program will be deemed to be customers of SomaEnergetics.com. Accordingly, all SomaEnergetics.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.

8.Identifying Yourself as an Associate 
You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion.

9.Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting the appropriate AFFILIATE Link(s) with the graphics images/logos and text.

10.Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, with giving the other party written notice of termination. Affiliates are considered inactive when there are no sales in 6 months.  Inactive affiliates may be terminated.  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, and all SomaEnergetics.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

11.Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12.Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

13.Limitation of Liability
We will not be liable for 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. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

14.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). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15.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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.

16.Miscellaneous
This Agreement will be governed by the laws of the United States and the state of North Carolina, 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 Allentown, Pennsylvania, 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.