Last Update January
2. 2024
PLEASE READ THIS AFFILIATE PROGRAM
AGREEMENT CAREFULLY.
This is a contract between you (the
“Affiliate”) and us (“Alamede LLC dba Hydration Harmony”). It describes how we
will work together and other aspects of our business relationship.
The Affiliate Program Agreement
applies to your participation in our Affiliate Program (the “Affiliate
Program”). These terms are so important that we cannot have you
participate in our Affiliate Program unless you agree to them.
We periodically update these terms. We
might also choose to replace these terms in their entirety if, for example, the
Affiliate Program changes, ends, or becomes part of an existing program,
including our partner programs. If we update or replace the terms, we or the
Affiliate Tool will let you know via electronic means, which may include an
in-app notification or by email. If you don’t agree to the update or
replacement, you can choose to terminate as we describe below.
Definitions
“Alamede LLC dba Hydration Harmony
Affiliate” means a company owned, operated or controlled by Alamede LLC dba
Hydration Harmony.
“Affiliate Program” means our
affiliate program as described in this Agreement.
“Affiliate Lead” means a customer
prospect who clicks on the Affiliate Link that we have made available to you
via the Affiliate Tool.
“Affiliate Link” means the unique
tracking link you place on your site or promote through other channels.
“Affiliate Policies” means the
policies applicable to affiliates which we may make available to you from time
to time.
“Affiliate Tool” means the tool that
we make available to you upon your acceptance into the Affiliate Program and
for you to use in order to participate in the Affiliate Program. The Affiliate
Tool is a Third Party system called Affiliately.com
"Agreement" means
this Affiliate Program Agreement and all materials referred or linked to
in here.
“Commission” means an amount described
in the Affiliate Tool (or if applicable, in the Program Policies) for each
Customer Transaction.
“Customer” means the authorized actual
user of the Alamede LLC dba Hydration Harmony Products who has purchased or
signed up for the Alamede LLC dba Hydration Harmony products after being an
Affiliate Lead.
“Customer Transactions” means those
transactions by Affiliate Leads that are eligible for Commission pursuant to
the ‘Customer Transactions’ section of this Agreement. Customer Transactions
may include customer purchases or customer signups, as further described in the
Affiliate Tool.
"Customer Data" means all
information that Customer submits or collects via the Alamede LLC dba Hydration
Harmony Products and all materials that Customer provides or posts, uploads,
inputs or submits for public display through the Alamede LLC dba Hydration
Harmony Products.
"Alamede LLC dba Hydration
Harmony Content" means all information, data, text, messages, software,
sound, music, video, photographs, graphics, images, and tags that we
incorporate into our services.
“Alamede LLC dba Hydration Harmony
Products” means both the Subscription Service and Other Products.
"We", "us", “our”,
and “Alamede LLC dba Hydration Harmony” means Alamede LLC dba Hydration Harmony,
Inc.
“You” and “Affiliate” means the party,
other than Alamede LLC dba Hydration Harmony, entering into this Agreement and
participating in the Affiliate Program.
Non-Exclusivity
This Agreement does not create an exclusive
agreement between you and us. Both you and we will have the right to recommend
similar products and services of third parties and to work with other parties
in connection with the design, sale, installation, implementation and use of
similar services and products of third parties.
Affiliate Acceptance
Once you complete an application to
become an Affiliate, you will receive email notification from the Affiliate
Tool with an additional secure link to upload your application tax information. Once you have securely uploaded your
appropriate tax information, your application is considered complete. We will
review your application and notify you if there is some reason that it is
determined that you may be unable to participate in the Affiliate
Program. We may want to review your application with you, so we may reach
out to you for more information. Upon review, we may require that you complete
certain requirements or certification(s) before we accept your application. Commission
payouts will not occur for affiliate accounts that do not have the appropriate
ta information on file.
If you are accepted to participate in
the Affiliate Program, then upon notification of acceptance, the terms and
conditions of this Agreement shall apply in full force and effect, until
terminated, pursuant to the terms set forth below.
Your acceptance and participation in
the Affiliate Program does not mean that you will be accepted into any of our
other Alamede LLC dba Hydration Harmony Partner Programs. In order to
participate in any other programs, you will need to apply in accordance with
the relevant application procedure.
You will comply with the terms and
conditions of this Agreement at all times, including any applicable Program
Policies.
Customer Transactions
Affiliate Program Limits. Each accepted Affiliate Lead will expire
according to the information provided in the Affiliate Tool (or if
applicable, in the Program Policies) from the date the Affiliate Lead
clicked on the Affiliate Link that was made available by you. We will pay you
Commission as described in the Affiliate Tool (or if applicable, in the
Program Policies) for each new Customer who completes an applicable
Customer Transaction after clicking on an Affiliate Lead made available by
you, provided that you remain eligible to receive Commission pursuant to
the terms of this Agreement. Eligibility. To be eligible for Commission (i) an Affiliate Lead must be
accepted and valid in accordance with the ‘Acceptance and Validity’
section, (ii) a Customer Transaction must have occurred, (iii) a
Customer must remain a customer during the locking period in the Affiliate
Tool (or if applicable, in the Program Policies). You are not eligible to
receive Commission or any other compensation from us based on transactions
for Other Products or if: (i) such compensation is disallowed or limited
by federal, state or local law or regulation in the United States or the
laws or regulations of your jurisdiction; (ii) the applicable Customer
objects to or prohibits such compensation or excludes such compensation
from its payments to us or Alamede LLC dba Hydration Harmony Affiliates;
(iii) the Customer has paid or will pay such commissions, referral fees,
or other compensation directly to you, (iv) the Commission payment has
been obtained by fraudulent means, misuse of the Affiliate Link, in
violation of any Affiliate Program Policies that we make available to you,
misuse of the Affiliate Tool or by any other means that we deem to breach
the spirit of the Affiliate Program, or (v) the Customer participates in
any of our other partner programs. If at any point you are eligible to
receive a revenue share payment or commission under another Program at Alamede
LLC dba Hydration Harmony, that payment amount will not change based
on your participation in the Affiliate Program. In competitive situations
with other affiliates, we may elect to provide the Commission to the
affiliate that we deem to be the most eligible for Commission, at our
discretion. We may discontinue Commission payments should any of the
eligibility criteria set forth in this subsection fail to be met at any
time. Acceptance and Validity. You will only be eligible for Commission payment
when you have valid tax information associated with your account. You will only be eligible for a
Commission payment for any Customer Transactions that derived from
Affiliate Leads generated by the Affiliate Link that we make available to
you and are accepted by Alamede LLC dba Hydration Harmony. An Affiliate
Lead will be considered valid and accepted if, in our reasonable
determination: a customer making a purchase using an affiliate link. Notwithstanding the foregoing, we may
choose not to accept an Affiliate Lead in our reasonable discretion. If an
Affiliate Lead does not purchase products within the time period described
on the Affiliate Tool (or if applicable, in the Program Policies) of their
first click on the Affiliate Link, you will not be eligible for a
Commission payment, even if the Affiliate Lead decides to purchase after
the time period has expired. An Affiliate Lead is not considered
valid if it’s first click on the Affiliate Link is after this Agreement
has expired or terminated. Engagement with Prospects. Once we have
received the Affiliate Lead information, we may elect to engage with the
prospect directly, regardless of whether or not the Affiliate Lead is
valid. If an Affiliate Lead is not valid then we may choose to maintain it
in our database and we may choose to engage with such Affiliate Lead. Any
engagement between Alamede LLC dba Hydration Harmony and an Affiliate Lead
will be at Alamede LLC dba Hydration Harmony’s discretion.Commission and Payment. In order to receive payment under this
Agreement, you must have: (i) agreed to the terms of this Agreement
(generally completed through the Affiliate Tool); (ii) completed all steps
necessary to create your account in the Affiliate Tool in accordance with
our directions, (iii) have a valid and up-to-date payment method in
the Affiliate Tool with such account (iv) completed any and all
required tax documentation in order for the Affiliate Tool to process any
payments that may be owed to you. Requirements for Payment; Forfeiture. Notwithstanding the foregoing or anything to the
contrary in this Agreement, if any of the requirements set forth in
section 4(a)(i-iv) remain outstanding for six (6) months immediately
following the close of a Customer Transaction, then your right to receive
Commission arising from any and all Customer Transactions with the
associated Customer will be forever forfeited (each, a “Forfeited
Transaction”). We will have no obligation to pay you Commission associated
with a Forfeited Transaction. Once you comply with all of the requirements
in section 5(a)(i-iv), then you will be eligible to receive Commission on
Customer Transactions, as long as these Customer Transactions do not
involve the same Customer associated with a Forfeited Transaction.Commission Payment. We or the Affiliate Tool will determine the
currency in which we pay the Commission, as well as the applicable
conversion rate. We will not pay more than one Commission payment or other
similar referral fee on any given Customer Transaction (unless we choose
to in our discretion). Taxes. You are responsible for payment of all taxes
and fees (including bank fees) applicable to the Commission. All amounts
payable by us to you are subject to offset by us against any amounts owed
by you to us. Commission Amounts. We reserve the right to alter or change
the Commission amount as per the Affiliate Tool.
Training and Support
We may make available to you, without
charge, various webinars and other resources made available as part of our
Affiliate Program. If we make such resources available to you, you will
encourage your sales representatives and/or other relevant personnel to
participate in training and/or other certifications as we recommend and may
make available to you from time-to-time. We may change or discontinue any or
all parts of the Affiliate Program benefits or offerings at any time without
notice.
Trademarks
You grant to us a nonexclusive,
nontransferable, royalty-free right to use and display your trademarks, service
marks and logos (“Affiliate Marks”) in connection with the Affiliate Program
and this Agreement.
During the term of this Agreement, in
the event that we make our trademark available to you within the Affiliate
Tool, you may use our trademark as long as you follow the usage requirements in
this section. You must: (i) only use the images of our trademark that we
make available to you, without altering them in any way; (ii) only use our
trademarks in connection with the Affiliate Program and this Agreement; (iii)
comply with our Trademark Usage Guidelines; and (iv) immediately comply if we
request that you discontinue use. You must not: (i) use our trademark in
a misleading or disparaging way; (ii) use our trademark in a way that implies
we endorse, sponsor or approve of your services or products; or (iii) use our
trademark in violation of applicable law or in connection with an obscene,
indecent, or unlawful topic or material.
Proprietary Rights
Alamede LLC dba Hydration Harmony’s Proprietary
Rights. No license to any
software is granted by this Agreement. The Alamede LLC dba Hydration
Harmony Products are protected by intellectual property laws. The Alamede
LLC dba Hydration Harmony Products belong to and are the property of us or
our licensors (if any). We retain all ownership rights in the Alamede LLC
dba Hydration Harmony Products. You agree not to copy, rent, lease, sell,
distribute, or create derivative works based on the Alamede LLC dba
Hydration Harmony Content, or the Alamede LLC dba Hydration Harmony
Products in whole or in part, by any means, except as expressly authorized
in writing by us. If you wish to use Alamede LLC dba Hydration Harmony
Content, you must comply with our Content Usage Guidelines (located at the
end of this document). Alamede LLC dba Hydration Harmony, the Sprocket
Design, the Alamede LLC dba Hydration Harmony logos, and other marks that
we use from time to time are our trademarks and you may not use them
without our prior written permission, except as otherwise set forth in
this Agreement.
We encourage all customers, affiliates and partners to comment on the Alamede
LLC dba Hydration Harmony Products, provide suggestions for improving
them, and vote on suggestions they like. You agree that all such comments
and suggestions will be non-confidential and that we own all rights to use
and incorporate them into the Alamede LLC dba Hydration Harmony Products,
without payment to you.Customer’s Proprietary Rights. As between you and Customer, Customer retains
the right to access and use the Customer portal associated with the Alamede
LLC dba Hydration Harmony Products. For the avoidance of doubt, Customer
will own and retain all rights to the Customer Data.
Confidentiality
As used herein, “Confidential
Information” means all confidential information disclosed by a party
("Disclosing Party") to the other party (“Receiving Party”), (i)
whether orally or in writing, that is designated as confidential, and (ii) Alamede
LLC dba Hydration Harmony customer and prospect information, whether or not
otherwise designated as confidential. Confidential Information does not include
any information that (i) is or becomes generally known to the public without
breach of any obligation owed to the Disclosing Party or (ii) was known to the
Receiving Party prior to its disclosure by the Disclosing Party without breach
of any obligation owed to the Disclosing Party. The Receiving Party
shall: (i) protect the confidentiality of the Confidential Information of the
Disclosing Party using the same degree of care that it uses with its own
confidential information, but in no event less than reasonable care, (ii) not
use any Confidential Information of the Disclosing Party for any purpose
outside the scope of this Agreement, (iii) not disclose Confidential
Information of the Disclosing Party to any third party, and (iv) limit access
to Confidential Information of the Disclosing Party to its employees,
contractors and agents. The Receiving Party may disclose Confidential
Information of the Disclosing Party if required to do so under any federal,
state, or local law, statute, rule or regulation, subpoena or legal process.
Opt Out and Unsubscribing
You will comply promptly with all opt
out, unsubscribe, "do not call" and "do not send"
requests. For the duration of this Agreement, you will establish and
maintain systems and procedures appropriate to effectuate all opt out,
unsubscribe, "do not call" and "do not send" requests.
Term and Termination
Term. This Agreement will apply for as long as you participate in the
Affiliate Program, until terminated.Termination Without Cause. Both you and we may terminate this
Agreement on fifteen (15) days written notice to the other party. All
pending commission payments up to 30 days of the date of written notice
will be paid. Any commission that accrues after 30 days of the date of
written notice is forfeited. Termination for Agreement Changes. If we update or replace the terms of this
Agreement, you may terminate this Agreement on five (5) days written
notice to us, provided that you send us written notice within ten (10)
days after we send you notice of the change.Termination for Cause. We may terminate this Agreement: (i) upon
thirty (30) days’ notice to you of a material breach if such breach
remains uncured at the expiration of such period, (ii) upon fifteen (15)
days notice to you of non-payment of any amount due to us if such amount
remains unpaid at the expiration of such period, (iii) immediately, if you
become the subject of a petition in bankruptcy or any other proceeding
relating to insolvency, receivership, liquidation or assignment for the
benefit of creditors, (iv) immediately, if you breach the terms applicable
to your subscription with us (if you have one), including if you default
on your payment obligations to us or our affiliate, or (v) immediately, if
we determine that you are acting, or have acted, in a way that has or may
negatively reflect on or affect us, our prospects, or our customers.Effects of Expiration/Termination. Expiration of this Agreement, and
termination of this Agreement: (i) without cause by us,(ii) by you with
cause, (iii) by you according to the ‘Termination for Agreement Changes’
section, shall not affect our obligation to pay you a Commission, so long
as the related payment by the Customer Transaction is recognized by us
within thirty (30) days after the date of such termination or expiration
and provided that in no event shall you be entitled to payment of
Commission under this Agreement if you are eligible to receive a revenue
share payment under the Solutions Partner Program Agreement. We will not
pay you fees on Customer Transactions recognized by us after thirty (30)
days after the date of such termination or expiration set out above.
Provided however, in the event of termination without cause by you, or for
cause by us, our obligation to pay and your right to receive any
Commission will terminate upon the date of such termination, regardless of
whether you would have otherwise been eligible to receive Commission prior
to the date of termination. Except as expressly set forth in this section,
you are not eligible to receive a Commission payment after expiration or
termination of this Agreement. Upon termination or expiration, you will
discontinue all use of and delete the Affiliate Tool that we make
available to you for your participation in the Affiliate Program. Upon
termination or expiration, an Affiliate Lead is not considered valid, and
we may choose to maintain it in our database and engage with such a
prospect.
Upon termination or expiration, you will immediately discontinue all use
of our trademark and references to this Affiliate Program from your
website(s) and other collateral. For the avoidance of doubt, termination
or expiration of this Agreement shall not cause a Customer’s subscription
agreement to be terminated.
Affiliate Representations and
Warranties
You represent and warrant that: (i)
you have all sufficient rights and permissions to participate in the Affiliate
Program and to provision Alamede LLC dba Hydration Harmony with Affiliate
Lead’s for our use in sales and marketing efforts or as otherwise set forth in
this Agreement, (ii) your participation in this Affiliate Program will not
conflict with any of your existing agreements or arrangements; and (iii) you
own or have sufficient rights to use and to grant to us our right to use the
Affiliate Marks.
You further represent and warrant
that: (i) you will ensure that you are compliant with any trade or regulatory
requirements that may apply to your participation in the Affiliate Program (for
example, by clearly stating you are a Alamede LLC dba Hydration Harmony
Affiliate on any website(s) you own where you make an Affiliate Link
available); (ii) you will accurately provide in the Affiliate Tool all websites
and domains you own where you intend to use Affiliate Links to generate
Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or
through an Affiliate Link that could be considered as competing with Alamede
LLC dba Hydration Harmony’s own advertising, including, but not limited to, our
branded keywords; (iv) you will not participate in cookie stuffing or pop-ups,
false or misleading links are strictly prohibited; (v) you will not attempt to
mask the referring URL information; (vi) you will not use your own Affiliate
Link to purchase Alamede LLC dba Hydration Harmony products for yourself; and
(vii) you will not use any mechanisms to deliver leads other than through an
intended consumer. This includes sourcing leads through compilations of
personal data such as phonebooks, using fake redirects or other tools or
automation devices to generate leads (including but not limited to robots,
lframes, or hidden frames), or offering incentives to encourage purchases or
signups.
Indemnification
You will indemnify, defend and hold us
harmless, at your expense, against any third-party claim, suit, action, or
proceeding (each, an "Action") brought against us (and our officers,
directors, employees, agents, service providers, licensors, and affiliates) by
a third party not affiliated with us to the extent that such Action is based
upon or arises out of (a) your participation in the Affiliate Program, (b) our
use of the prospect data you provided us, (c) your noncompliance with or breach
of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the
Affiliate Marks. We will: notify you in writing within thirty (30) days of our
becoming aware of any such claim; give you sole control of the defense or
settlement of such a claim; and provide you (at your expense) with any and all
information and assistance reasonably requested by you to handle the defense or
settlement of the claim. You shall not accept any settlement that (i) imposes
an obligation on us; (ii) requires us to make an admission; or (iii) imposes
liability not covered by these indemnifications or places restrictions on us
without our prior written consent.
Disclaimers; Limitations of Liability
Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE ALAMEDE LLC DBA
HYDRATION HARMONY PRODUCTS, ALAMEDE LLC DBA HYDRATION HARMONY CONTENT, THE
AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION
PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE
AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE ALAMEDE LLC DBA
HYDRATION HARMONY PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL
WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE ALAMEDE LLC DBA
HYDRATION HARMONY PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS
AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD
PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO
THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED
CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT
GIVING RISE TO A CLAIM.Affiliate Tool. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE TOOL THAT
YOU USE. WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO
YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF
A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, ALAMEDE LLC
DBA HYDRATION HARMONY SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY
HAVE BEEN OWED TO YOU.
General
Amendment; No Waiver. We may update and change any part or all of this
Agreement, including by replacing it in its entirety. If we update or
change this Agreement, the updated Agreement will be made available to you
via the Affiliate Tool and/or by email. The updated Agreement will become
effective and binding on the next business day after we or the Affiliate
Tool have notified you. When we change this Agreement, the "Last
Modified" date above will be updated to reflect the date of the most
recent version at href@@https://legal.Alamede@ @@@https://legal.Alamede@@href LLC dba Hydration Harmony.com/affiliate-program-agreement.
We encourage you to review this Agreement periodically. If you don’t
agree to the update, change or replacement, you can choose to terminate as
we describe above. No delay in exercising any right or remedy or failure
to object will be a waiver of such right or remedy or any other right or
remedy. A waiver on one occasion will not be a waiver of any right or
remedy on any future occasion.Applicable Law. This Agreement shall be governed by the laws of the State of Michigan,
without regard to the conflict of laws provisions thereof. In the event
either of us initiates an action in connection with this Agreement or any
other dispute between the parties, the exclusive venue and jurisdiction of
such action shall be in the state and federal courts in Detroit, Michigan.Force Majeure. Neither party will be responsible for failure or delay of
performance if caused by: an act of war, hostility, or sabotage; act of
God; electrical, internet, or telecommunication outage that is not caused
by the obligated party; government restrictions; or other event outside
the reasonable control of the obligated party. Each party will use
reasonable efforts to mitigate the effect of a force majeure event.Actions Permitted. Except for actions for nonpayment or breach of a
party’s proprietary rights, no action, regardless of form, arising out of
or relating to this Agreement may be brought by either party more than one
(1) year after the cause of action has accrued.Relationship of the Parties. Both you and we agree that no joint venture,
partnership, employment, or agency relationship exists between you and us
as a result of this Agreement.Compliance with Applicable Laws. You shall comply, and shall ensure that
any third parties performing sales or referral activities on your behalf
comply, with all applicable foreign and domestic laws (including without
limitation export laws and laws applicable to sending of unsolicited
email), governmental regulations, ordinances, and judicial administrative
orders. You shall not engage in any deceptive, misleading, illegal or
unethical marketing activities, or activities that otherwise may be
detrimental to us, our customers, or to the public. Export laws and
regulations of the United States and any other relevant local export laws
and regulations may apply to the Alamede LLC dba Hydration Harmony
Products. You will comply with the sanctions programs administered by the
Office of Foreign Assets Control (OFAC) of the US Department of the
Treasury. You will not directly or indirectly export, re-export, or
transfer the Alamede LLC dba Hydration Harmony Products to prohibited
countries or individuals or permit use of the Alamede LLC dba Hydration
Harmony Products by prohibited countries or individuals.Severability. If any part of this Agreement is determined to be invalid or
unenforceable by applicable law, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the
remainder of this Agreement will continue in effect.Notices. Notice will be sent to the contact address set forth herein (as
such may be changed by notice given to the other party), and will be
deemed delivered as of the date of actual receipt.
To Alamede LLC dba Hydration Harmony, Inc.: Alamede LLC dba Hydration
Harmony, Inc., 17910 Van Dyke St, Suite 1125, Detroit, MI 48234, U.S.A.
Attention: General Counsel
To you: your address as provided in our affiliate account information for
you.
We may give electronic notices specific to you by email to your e-mail
address(es) on record in our account information for you. We may give
notice to you by telephone calls to the telephone numbers on record in our
account information for you.Entire Agreement. This Agreement is the entire agreement between us for the
Affiliate Program and supersedes all other proposals and agreements,
whether electronic, oral or written, between us. We object to and reject
any additional or different terms proposed by you, including those
contained in your purchase order, acceptance or website. Our obligations
are not contingent on the delivery of any future functionality or features
of the Alamede LLC dba Hydration Harmony Products or dependent on any oral
or written public comments made by us regarding future functionality or
features of the Alamede LLC dba Hydration Harmony Products. It is the
express wish of both you and us that this Agreement and all related
documents be drawn up in English. We might make versions of this Agreement
available in languages other than English. If we do, the English version
of this Agreement will govern our relationship and the translated version
is provided for convenience only and will not be interpreted to modify the
English version of this Agreement.Assignment. You will not assign or transfer this Agreement, including any
assignment or transfer by reason of merger, reorganization, sale of all or
substantially all of its assets, change of control or operation of law,
without our prior written consent. We may assign this Agreement to any
affiliate or in the event of merger, reorganization, sale of all or
substantially all of our assets, change of control or operation of law.No Third Party Beneficiaries. Nothing in this Agreement, express or
implied, is intended to or shall confer upon any person or entity (other
than the parties hereto) any right, benefit or remedy of any nature
whatsoever under or by reason of this Agreement.Program Policies Page. We may change the Program Policies from time to
time. Your participation in the Affiliate Program is subject to the
Program Policies, which are incorporated herein by referenceNo Licenses. We grant to you only the rights and licenses expressly stated in
this Agreement, and you receive no other rights or licenses with respect
to us, the Alamede LLC dba Hydration Harmony Products, our trademarks, or
any other property or right of ours.Sales by Alamede LLC dba Hydration Harmony. This Agreement shall in no way limit our right
to sell the Alamede LLC dba Hydration Harmony Products, directly or
indirectly, to any current or prospective customers.Authority. Each party represents and warrants to the other that it has full
power and authority to enter into this Agreement and that it is binding
upon such party and enforceable in accordance with its terms.Survival. The following sections shall survive the expiration or termination
of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’,
‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’,
‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.Data Processing and Protection. For the avoidance of doubt and without prejudice,
Alamede LLC dba Hydration Harmony
shall be an independent controller of any Personal Data that it receives
or shares with Affiliate. All uses of Personal Data shall be lawful, and
only applicable to compliance with US Federal, and the State of Michigan
laws. All uses of Personal Data
shall be securely tracked, and documented.
Appendix:
Content Usage Guidelines:
- You can share links to any of our
content by email and social media. We'll love you for it!
- You can republish in full any Alamede
LLC dba Hydration Harmony-original images (such as charts, graphs,
cartoons, infographics), videos, or SlideShares by copying or embedding
them and including them in your content - as long as you honor the Content
Attribution Policy below. (Note: This does not include any
stock images we've purchased for use in our content.)
- Feel free to reference or quote
up to 75 words of any of our text content (facts, figures, quotes, etc.)
in your own blog articles, presentations, documents, etc., as long as you
honor the Content Attribution Policy below.
- Unfortunately, we cannot allow
you to republish in full any of our text-based content (blog articles,
PDFs, PPTs, DOCs) on the web. Why? Well, duplicate content is just bad for
SEO, and Google will hate us for it (and since they invested in Alamede
LLC dba Hydration Harmony, we like to keep them happy).
- Unfortunately, we cannot fulfill
requests for original files (e.g. PDFs, PPTs, DOCs, or original video
files). Sorry!
- You cannot monetize our content.
- You cannot claim our content as
your original ideas (i.e., using our content and publishing it on a
channel as your own). We love that you want to share it, please share the
original link instead. Thank you!
Content Attribution Policy
- Attribute Hydration Harmony as
the source.
- Link to the original Hydration
Harmony source you're referencing:
- For references
to a Hydration Harmony blog article, link to the URL of the specific blog
article you're referencing.
- For references
to Hydration Harmony's downloadable content offers behind a form, please
link to the landing page URL with the form for that individual offer.
