Relationship of the Parties

Under these terms and conditions both you and Health Products NZ Ltd are to be considered independent, this means the affiliate programme you wish to enter into does not create a relationship between either parties.  Therefore you can not act as a representative of any kind on our behalf as this would be considered contradicting this affiliate programme

Refusal of applications and/or referrals to the affiliates programme is the right of Health Products NZ Ltd based on the belief of being involved in harmful trafficking.  We reserve the right to research all active and potential members and their actions at our own discretion to access if and when practises need to be put in place.

Programme members that Health Products find to be under violation of these terms will be terminated immediately and forfeit all commissions.  We reserve the right to cancel memberships and exclude malicious websites at our own discretion.

Our Responsibilities

Health Products will provide all members adequate information to allow you to make programme links between our site and yours.  Health Products NZ will be responsible for:

• Processing applications placed by a customer following an affiliate programme link from your site.

• Tracking all sales coming from the link on your site.

• Providing information on sales amounts generated.

Affiliates Responsibility

Affiliates are responsible for their own website and its development, maintenance and materials including:

• Provide accurate information and materials on your website, including affiliate Programme materials.

• Not infringing copyright laws or right of third parties.

• Ensuring no illegal information is stored on your site

You are also responsible for all expenses and indemnify us from all damages or claims.

Affiliate Programme Linking

Health Products will make available to our members a range of links which are subject to our terms and conditions that you can display on your website whenever you like.  This identifies you as a member of our affiliate programme.

If requested you must provide all URLs to Health Products that display affiliate links.  You also agree that:

• Graphics provided by us are the only ones used, and updated when new graphics are provided.  Or other graphics provided Health Products have given written consent.

• Co-operate fully with Health Products allowing us to establish links to your site,

• Displaying these links notably to relevant sections of your site.

• Not promote materials that are illegal, violent or discriminate in New Zealand

At any time Health Products may deem other pages at its sole discretion to be inappropriate and reserves the right to do so.

The affiliate’s website is subject to a periodic review, at any point if we determine that your site is carry a link that is not suitable for our program we may either suspend service to the URL or site, or terminate this agreement.

Affiliate Programme Commission Schedule

You will earn commissions (referral fees) based on revenues according to the commissions schedules to be established by us and our affiliate program. The current affiliate program commission schedule is 10% per product purchased.

Affiliate Programme Commission Payment

Commission refers to referral fees these are earned based on revenues set out by the commission schedules set by Health Products and the Affiliates program.  The current schedule is 10% per product purchased.

Commission by Payment

Fees will be paid via direct debit into a NEW ZEALAND bank account that you have specified, payment will occur monthly however if the total is less than $50.00 fees will be carried forward to the next month and accumulated.

All referral fees exclude GST, please supply us with your GST number and GST will be charged at the current rate upon payment.  We are authorised by IRD to issue invoices for these payments.

Refund or Cancellation

Referral fees are required to be entirely refunded to Health Products if:

• Where a fee has been paid to you and the products is returned before one (1) months of purchase.

• If a product has been cancelled and/or refunded or partially refunded through guarantee or any other cause.

Please note: your account may be placed in debit occurring a negative balance by refunds or referral fees.

If this occurs for more than sixty (60) days at a time, the balance must be paid to Health Products within seven (7) days notice.  At any time if the balance exceeds $100.00 we reserve the right to request the payment be paid within 14 days.

A 2% penalty interest per month will occur on any accounts that have not been paid by the due date.

Affiliate Programme Behaviour

At no time may you:

• Engage in any activity “spamming” or otherwise that could cause damage to Health Products’ name or reputation.

• Hide or misinterpret your identity, domain name, or email address.

• Mass email unauthorised clientele unless they are already existing clients and have authorised you to send them emails.

Breaching these conditions may result in termination of this agreement without prior notice.

Term of Agreement and Termination

Upon acceptance of your affiliate application this agreement shall begin, termination of this agreement can occur at anytime by either party, with or without cause in writing.

Referral fees are only earned on revenue occurring during the term of this agreement only; we reserve the right to withhold any final payments for a reasonable time to ensure amount of payment is correct.  All negative balances must be paid immediately upon termination of this agreement to Health Products, all legal costs occurred through non payment shall be the sole responsibility of the affiliate.

Affiliate links must be removed immediately upon termination of this agreement.

Modification of Agreement

At any time upon our sole discretion may Health Products modify the terms and conditions of this agreement; we must do so by posting a change notice or new agreement on our website.  It is the responsibility of the affiliate to regularly monitor our site for any modifications that may occur including:

• Programme Rules

• Fee Schedules

• Payment Procedures

Once these modifications have been announced you have thirty (30) days following the notice to advise us you do not accept these changes, if you do not accept these changes your participation in this programme is terminated.  Continued participation with the programme and the changes constitutes acceptance of these new terms and conditions.

General Liability Provisions

All agreements and transactions between Health products and the affiliate shall abide by the following:

• Health Products under any circumstances are not liable for any damages that result from a failure, act, omission or breach on our part.

• Health Products are not liable for any claims, costs or damages made by third parties held against us or you relating to your participation in this programme.

• Health Products, its employees, owners and directors are fully indemnified against all third party claims etc including all reasonable legal costs in defending Health Products and its employees, owners and directors.

Miscellaneous

This agreement shall be deemed to be made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

No agreement can be transferred or assigned, this agreement must be terminated and a new agreement completed to change the identity of the affiliate.

This agreement has been created by two (2) independent parties for the purpose of a service in return for a reward; at no time shall this relationship be construed to deem a partnership, joint venture, employer/employee or any other form.

All responsibilities for taxes and risks are the responsibility of the affiliate in accordance with the law and otherwise.

No representation shall be made, incur credit or commit on behalf of Health Products or any retailer without prior written approval from Health Products.  This agreement does not constitute our approval.

Finally

If you complete and submit this application form you are acknowledging you have read and agree with the terms and conditions of this agreement.

With the understanding that at anytime we may solicit referrals on the terms that may differ from this agreement or operate similar or competing web sites.

You have independently evaluated the desire to participate in this programme and are not relying on any representation, guarantee or statement other than what is set out in these terms and conditions.