RULES AND REGULATIONS OF THE BARIATRICPAL AMBASSADOR AND PARTNER PROGRAM
While it is our goal to be inclusive to everybody and create a simple program to follow, there are some rules and regulations to follow. Failure to do so may result in termination as a BariatricPal Ambassador and Partner or Partner and banishment from future endeavors with BariatricPal. Rules and regulations are as follows:
- Your Ambassador and Partner discount code, link, and/or related marketing materials are not to be posted on any BariatricPal social media posts in any form. You are encouraged to comment and share BariatricPal posts, but keep your links and codes to your own social media profiles or those that give you proper permission to do so.
- Your Ambassador and Partner discount code, link, and/or related marketing materials are not to be posted in any FaceBook group that's managed by BariatricPal unless you're provided with prior authorization.
- You may not engage in any search engine marketing, Google ads, CPC, Ad words, keyword marketing, or similar forms of marketing with your affiliate links.
- You may post your links on websites you control, platforms or websites that you have direct permission to post on, and your social media profiles, including Facebook, Instagram, Twitter, Pinterest, WhatsApp, Viber, YouTube, and similar platforms. You may not post your code or link to coupon websites.
- BariatricPal does not tolerate bullying, racism, sexism, or discrimination of any kind. As a BariatricPal Ambassador and Partner, you are expected to adhere to this at all times.
- You may use the BariatricPal logo, images, and marketing assets as provided in the Software, or from any of the BariatricPal Social Media profiles, so long as it is done in a tasteful manner and does not contain negative intent towards BariatricPal and/or its competitors.
We reserve the right to alter, update, or remove our Ambassador and Partner program, Service, and Software at any time. We may conduct such modifications to our Ambassador and Partner program, Service or Software for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Ambassador and Partner program, Service or Software for security, legal or other purposes.
COMMISSIONS AND PAYOUTS
As a BariatricPal Ambassador and Partner, you will be provided with a discount code, and a link with a discount that can be used by your followers, friends, and family for a specified % discounted. For each use of the code or link, BariatricPal will pay you 5% for new orders and 3% for subsequent orders placed by that customer. Once an individual uses your code or link, so long as your code or link is the first ambassador or partner code or link used by that individual, they will be tied to you - while that individual may be able to use other discount codes or links, the only ambassador that will receive commissions for that customer is you, and only if they use your code. You will become eligible for a payout once your "bank" reaches $20. Payouts are made weekly, on Fridays, and will cover all commissions earned through Thursday of the same week. You will receive a payout each week your bank is above $20 by Thursday. All payouts are made through PayPal funds transfer - if you do not have a PayPal account, contact us at email@example.com and we will be able to help you get that setup.
TRACKING SOFTWARE LICENSE AND USE
USE OF BARIATRICPAL AMBASSADOR SOFTWARE
When using our Service, you are responsible for your use of the software, and for any use made using your account. You agree not to access, copy, or otherwise use the software, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by BariatricPal.
SOFTWARE AND SITE AVAILABILITY
We do not guarantee that the Software or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Software may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Software will work as advertised, or that it will give you the desired results.
COMPLIANCE WITH ALL LAWS AND REGULATIONS
BariatricPal is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our Software and Service are void where prohibited.
INTELLECTUAL PROPERTY RIGHTS
The design of the BariatricPal Ambassador and Partner software, along with BariatricPal created text, templates, scripts, graphics, interactive features, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BariatricPal, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. BariatricPal reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
REPRESENTATIONS AND WARRANTIES
OUR SITE OR SERVICE ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR SOFTWARE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, SOFTWARE, OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. AMBASSADOR IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BARIATRICPAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, SOFTWARE, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
You agree to defend, indemnify and hold harmless BariatricPal, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the BariatricPal Ambassador and Partner Site and Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the BariatricPal Ambassador and Partner Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
BariatricPal and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Software and please do not submit any information to us.
CHOICE OF LAW
This Agreement shall be governed by the laws in force in the state of New York.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Ambassador and Partner shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
TERMINATION OF SERVICE
We may terminate or suspend your account, or our Service and Software for any reason without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
The communications between you and BariatricPal use electronic means, whether you visit the Software, Site, or Service or send BariatricPal e-mails, or whether BariatricPal posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from BariatricPal in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that