Terms of Use and Privacy Statement

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Last updated: May 30, 2024


AFFILIATE AGREEMENT


PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OBJECTIVE NUTRITION LTD. (DBA OBJECTIVE NUTRIENTS)

BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.


1. Overview


This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Objective Nutrients’ Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Objective Nutrients web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Objective Nutrients, and "you," "your," and "yours" refer to the affiliate.


2. Enrollment and Affiliate Obligations


2.1. To begin the enrollment process, you will complete and submit the online application at the Affiliatly.com server. The fact that we approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

  • Promotes sexually explicit materials
  • Promotes violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • Includes "Objective Nutrients" or variations or misspellings thereof in its domain name
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  • You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Objective Nutrients or any other affiliated business.

2.2. As a member of Objective Nutrients’ Affiliate Program, you will have access to Affiliate Account Manager located at www.affiliatly.com. Here you will be able to review our Program’s details, download HTML code (that provides for links to web pages within the Objective Nutrients web site) and banners, and get tracking codes. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

2.3. Objective Nutrients reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4. The technical operation, maintenance and the updating of your site will be your responsibility. You will also ensure that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability for these matters and you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. We may also monitor your site as we feel necessary to make sure that it is up-to-date.

2.5. Make efforts to promote our products. There will need to be some traffic generated by your links. At least 1 visitor a month, and if after 3 months there is no traffic the account will be subject to removal. Customer completing the order is not required, only that at least one person visited from your link in the last 3 months. If you are using only coupons or promo codes, at least one coupon/promo code must be redeemed every 3 months. Additionally, any accounts that have not reached the £100 payout threshold after 2 years will be subject to removal. We will send an email notifying you of this situation before we remove the account.


3. Objective Nutrients Rights and Obligations


3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Objective Nutrients Affiliate Program.

3.2. Objective Nutrients reserves the right to terminate this Agreement and your participation in the Objective Nutrients Affiliate Program immediately and without notice to you should you commit fraud in your use of the Objective Nutrients Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Objective Nutrients shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.


4. Referral Fees


4.1. We will pay you Referral Fees on certain product sales to third parties generated from our Site only. For a product sale to generate a Referral Fee, the customer must: (a) use a browser that has its cookies setting enabled, (b) use a cookie that is less than 30 days old, (c) follow a Qualifying Link (in the format provided by us) from your site to the objectivenutrients.com site, (d) purchase the product using our automated ordering system, (e) accept delivery of the product at the shipping destination, (f) and remit full payment to us.

4.2. We will not pay Referral Fees on any products are purchased on our Site when a customer has re-entered our Site (other than through a Qualifying Link from your website) after the Referral Fee Time, even if the customer previously followed a link from your website to our Site.

4.3. You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."

4.4. In addition, you may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or awarding of any benefits) for using Qualifying Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Qualifying Links on your site to access our site). If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement.

4.5. Current list of Qualifying Products are: 

  • Thiamax (both 60ct and 180ct bottles)
  • ThiActive B
  • Thiamega
  • ThiAssist
  • Thiavite
  • Complete Thiamine Protocol Pack **
  • Mega Dose Thiamine Pack **  

Qualifying Products marked with “**” use a Flat referral fee (see 5.1)


5. Referral Fee Schedule & Payment


5.1. You will earn referral fees based on qualifying revenues according to referral fee schedules to be established by us. "Qualifying revenues" are revenues derived by us from our sales of qualifying products, excluding costs for discounts, shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. "Qualifying orders" are orders containing at least one or more qualifying products.


Qualifying revenues in USD and EUR are converted to GBP at a fixed rate of:


1 GBP = 1.32 USD

1 GBP = 1.15 EUR

The current referral fee schedule based on total of qualifying revenues in a given month (note that tiers are reset 1st day of every month):    

Starting rate…..              20%

Above £8800 in sales…..  25%

Above £11000 in sales….. 30%

For specially marked Qualifying Products:

Flat referral fee…..               10%


5.2. We will pay you referral fees on a monthly basis. Approximately once a month, at the start of the month, we will send payment via PayPal or bank transfer (depending on the payout method selected) for the referral fees earned on our sales of Qualifying Products that were shipped during that month, less any taxes that we are required by law to withhold. However, if the referral fees payable to you for any month are less than £100.00, we will hold those referral fees until the total amount due is at least £100.00 or (if earlier) until this Agreement is terminated. If monthly payout is more than £500.00, payment may be issued via bank transfer even if you chose PayPal as the payment method. If a Qualifying Product that generated a referral fee is returned by the customer, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the referral fee.

5.3. You are responsible for the payment of all taxes according to your local legislation related to the referral fees you receive under this Agreement.

5.4. For banks accounts or PayPal accounts that are in a currency other than GBP, you are responsible for any fees on transfer or exchange rates your bank or PayPal charges.


6. Coupon / Discount / Promo codes


Pending review, Affiliate coupons can be associated with your affiliate account, however, you must adhere to our coupon guidelines as follows:

  • You may ONLY advertise coupon codes that are provided to you through the affiliate program.
  • Your affiliate coupon can only be used by end-customers who have followed your referral link. The affiliate coupon cannot be used by customers who haven't followed the referral link.
  • Posting any information about how to work around the requirements of a coupon/promotion (i.e., first-time customers only) will result in removal from the program.
  • Coupons must be displayed in their entirety with the full offer, valid expiration date (if applicable) and code.
  • Posting any information about how to work around the requirements of a coupon/promotion (i.e., first-time customers only) will result in removal from the program.
  • You will not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
  • You will not advertise coupon codes obtained from any non-affiliate marketing channel, customer e-mails, paid search, or any other non-affiliate advertising campaign.
  • If your website ranks on the first page of any search engine for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.


7. Identifying Yourself as an Affiliated Site


7.1. We will make available to you a variety of graphic images that identifies your site as an Affiliate Program participant. You must display one of these images, or the phrase "In association with Objective Nutrients" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not make any press release with respect to this Agreement or your participation in the Affiliate Program without our prior written consent, which may be given or withheld in our sole discretion.

7.2. Affiliate shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

7.3. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that objectivenutrients.com supports, sponsors, endorses or contributes money to any charity or other cause).


8. Limited License


We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Affiliate Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.


9. Promotion Restrictions


9.1. You are free to promote your own web sites, but naturally any promotion that mentions Objective Nutrients could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Objective Nutrients. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.

In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Objective Nutrients so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Objective Nutrients so long as the news group specifically welcomes commercial messages.

At all times, you must clearly represent yourself and your web sites as independent from Objective Nutrients. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Objective Nutrients Affiliate Program. ANY PENDING BALANCES OWED TO YOU WILL NOT BE PAID IF YOUR ACCOUNT IS TERMINATED DUE TO SUCH UNACCEPTABLE ADVERTISING OR SOLICITATION.


9.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Objective Nutrients, ObjectiveNutrients, www.objective-nutrients.com, www.objectivenutrients.co, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Objective Nutrients Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

9.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Objective Nutrients’ content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, Yandex and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in . s, hidden links and automatic pop ups that open Objective Nutrients’ site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.


10. Termination


Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. 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 Objective Nutrients 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 Affiliate Program.

You are only eligible to earn referral fees on our sales of Qualifying Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Once the balanced is settled your account will be closed and deleted. If you wish to re-join you will need to register a second time.

Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. In this case, any pending balances owed to you will not be paid and your account will be removed.


11. Modification


We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Objective Nutrients’ Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Objective Nutrients’ Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.


12. Disclaimer


OBJECTIVE NUTRIENTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OBJECTIVE NUTRIENTS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OBJECTIVE NUTRIENTS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.


13. Representations and Warranties


You represent and warrant that:

  • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.


14. Limitations of Liability


WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OBJECTIVE NUTRIENTS’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.


15. Indemnification


You hereby agree to indemnify and hold harmless Objective Nutrients, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.


16. Confidentiality


All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.


17. Miscellaneous


17.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Objective Nutrients. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

17.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to the conflicts of laws and principles thereof.

17.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

17.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

17.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

17.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.


18. Privacy


Please refer to Objective Nutrients privacy policy for more details.