Phen.com Affiliate Program Terms & Conditions
Thank you for considering the Phen.com affiliate program! Our affiliates are very important to us. This agreement is designed with you in mind, as well as to protect you, Phen.com and our customers. Please read thoroughly. If you have any questions, please don’t hesitate to contact us at firstname.lastname@example.org.
This agreement describes the terms and conditions for participation in the Phen.com affiliate program. In this agreement, the term "Affiliate" refers to the Affiliate (the applicant). In this agreement, “Phen.com” refers to Anakena Internet Services, a company based in Barcelona, Spain that owns and operates the website Phen.com, with whom you are entering into this agreement. By applying to the Phen.com affiliate program you are confirming that you have read this agreement in its entirety and agree to the stated terms and conditions.
To sign up as an Affiliate of Phen.com the Affiliate must be at least 18 (eighteen) years of age.
The following types of sites are not allowed to participate in the Phen.com affiliate program: adult sites, sites that display adult content/banners, sites that promote violence, bigotry or hatred, and sites that promote illegal activity (including but not limited to warez, cracking and hacking sites).
As part of the registration process, the Affiliate will select a username and password combination that (s)he uses to access the affiliate account area of the site. The Affiliate should provide Phen.com with accurate, complete and updated registration information. The Affiliate may not select the name of another person with the intent to impersonate that person or deceive members or other users as to his/her true identity.
The Affiliate must notify Phen.com by email at email@example.com of any known or suspected unauthorized uses of his/her links or account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of the Affiliate’s username and password. The Affiliate is responsible for maintaining the confidentiality of his/her username and password and remains responsible for all usage and activity on his/her account, including use of the account by a third party authorized by the Affiliate to use his/her Phen.com account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Phen.com and referral to the appropriate law enforcement agencies.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
The Affiliate will receive a commission for the first order placed by a customer during the 120 days after the initial clickthrough. Commissions are neither generated on recurring orders nor on orders from existing customers. Commission payout value is calculated as a percentage of total order value after discounts and before shipping and handling have been applied.
The Affiliate cannot refer him/herself, and will not receive a commission on his or her own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out (see below). To reduce the rate of void commissions, Phen.com will hold all Affiliate payouts for a period of 30 days after the initial purchase.
In the event a customer requests a return and refund for an order for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
In the event that the Affiliate’s account balance is less than the return commission, the return commission will be deducted against the Affiliate’s future earnings. The Affiliate will NEVER be asked to send money to Phen.com.
The Affiliate will receive a Commission for sending Phen.com authorized sales, leads, and/or clicks via the Affiliate’s links. In order to place links, the Affiliate must first be approved to become an Affiliate of Phen.com.
Terms or amount of commission payout may be changed at any time. The affiliate is responsible for determining if the commission agreement for a link placed on his/her site has changed or been discontinued. This information is always available to the Affiliate via the Phen.com Affiliate Dashboard.
The Affiliate will receive the Commission from Anakena Internet Services on behalf of Phen.com. Payments are issued automatically when the Affiliate’s account reaches a minimum balance of $20.00 (twenty USD). The minimum time between payments is 30 (thirty) days. Therefore, if the Affiliate amasses an account balance greater than or equal to the stated minimum in less than 30 (thirty) days, payout will be delayed until 30 (thirty) days have passed since the previous payout. Money credited to the Affiliate’s Phen.com account does not accrue interest.
The affiliate will be paid exclusively via PayPal. It is the Affiliate’s sole responsibility to provide Phen.com and its affiliate program with a correct and current email for the receiving PayPal account. The Phen.com affiliate program does not support commission payout via direct deposit, wire transfer, credit cards, debit cards, or any other means apart from PayPal.
Brand Ownership and Licenses
Affiliates are permitted to use the Phen.com brand and marketing resources available in the Affiliates section of the Phen.com application. However, the Affiliate does not gain any trademark, copyright or any other rights to these materials. Logos and other assets cannot be modified.
More specifically: all images, technology and content provided for use by the affiliate shall remain the sole property of Phen.com, and no part thereof shall be deemed assigned or licensed to the Affiliate except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to Phen.com and its products will remain the sole property of Anakena Internet Services, including rights in and to any derivatives thereof.
The Affiliate will never represent themselves, Phen.com or their relationship with Phen.com in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Phen.com.
You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
The Affiliate represents to Phen.com that all content the Affiliate provides to the site is solely owned by the Affiliate or provided by the Affiliate with the express authority of the company the Affiliate represents, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. The Affiliate shall not provide, promote, distribute, place or otherwise publish any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Phen.com may not review all information provided by the Affiliate, the Affiliate shall remain solely responsible for his/her content and website.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any link placed must be done in such a way that it is not misleading to any customer and is done with the intention of delivering valid sales, leads, or clicks to Phen.com for that link.
Term and Termination
Either party has the right to terminate the agreement immediately, and for any reason, without prior notice.
An affiliate application and status in the Program may be suspended or terminated by Phen.com for any of the following reasons:
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on adult sites, sites that display adult content/banners, sites that promote violence, bigotry or hatred, and sites that promote illegal activity (including but not limited to warez, cracking and hacking sites).
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. Phen.com reserves the right to require license agreements from those who employ trademarks of Phen.com in order to protect our intellectual property rights.
• Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Phen.com, however, is acceptable.
• Self-referrals, fraudulent transactions, suspected Affiliate fraud.
If the Affiliate terminates the agreement, no further commissions from Phen.com will be paid for any past or future customer transactions.
If Phen.com chooses to terminate the agreement, any balance greater than $20.00 (twenty USD) will be paid to the Affiliate within 60 days of termination. Balances that are smaller than $20.00 (twenty USD) will be forfeited.
This Agreement shall be governed, construed, and enforced in accordance with the laws of Spain and the European Union, without regard to its conflict of laws rules.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Spain. An award of arbitration may be confirmed in a court of competent jurisdiction.
Limitation of Liability
Anakena Internet Services, and by extension Phen.com, has no responsibility or liability as a result of the Affiliate’s placement of authorized links from his/her website, and the Affiliate jointly and severally agrees to indemnify, defend, and hold harmless Anakena Internet Services and its officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this agreement or the subject matter hereof and any dispute relating thereto.
Phen.com agrees to indemnify, defend, and hold harmless the Affiliate and its officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Phen.com's negligence or willful misconduct in sale of products or its breach of this agreement.
Modification of Agreement
Phen.com reserves the right to change, modify, add or remove portions of this agreement at any time and may add to, change, suspend or discontinue any aspect of the partnership at any time.
In the event of any material change, Phen.com will notify the Applicant via e-mail and the Phen.com affiliate platform at least 7 days prior to any such changes taking effect, at which time the Affiliate may either agree to such changes or withdraw from the partnership.