Emmett Miller, MD - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of DrMiller.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the DrMiller.com service as an affiliate. By signing up for the DrMiller.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Terms and Conditions for DrMiller.com Affiliates * Accounts containing invalid contact information (email address, phone number, etc) may be deleted without notice. * Accounts with no logins for 90 days may be deleted without notice. * Accounts associated with network abuse (including unwelcome email, cross-posting, mousetraps, or re-spawning windows) will be suspended without notice. * Accounts associated with promotions that conflict with DrMiller.com's Return and Cancellation Policy will be suspended without notice. * Payment is always subject to the terms of the Accounting Policy and the Client Contract. 1. What is DrMiller.com's return policy? Our official return policy for all DrMiller.com products is as follows: DrMiller.com will, at its discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within the standard 60-day return period. After 60 days all sales are final. 2. What is the difference between a refund and a cancellation? If a customer requests a refund, the money for the requested transaction is refunded back to the customer. Multiple payment returns can be provided as long as they are within the standard 60-day return period. 3. How are customer inquiries handled? When a customer reaches us by phone or email, our first response is to offer technical support for the product. However, in some cases a product may be unsatisfactory to the customer for reasons completely beyond our control in which case a cancellation or a refund may be processed. Please Note: Refunds can only be credited back to the account used to make the original purchase. If the original account has been closed, the purchase is not eligible for refund. 4. What about customers who try to abuse the return policy? Customers requesting serial or repeated returns will be blocked from making further purchases. 5. What is the policy for returns requested within 60 days? Customers requesting a return within 60 days of purchase may be approved by our customer service team if the customer provides evidence that their case merits a return. 6. What is the policy for returns requested after 60 days? If you need to return an item after 60 days of purchase, please send your request to affiliate@drmiller.com. Sending an email is not a guarantee that your purchase will be refunded. Your case will be reviewed by Dr.Miller.com staff and an answer will be sent via email upon decision. Decision made by DrMiller.com staff is final. DrMiller.com will not be responsible for shipping costs for return or replacement of products. 7. Is there any other reason why a sale might be reversed? DrMiller.com has every incentive to keep customers happy by providing quality products and technical support. At times, we may reverse a sale in order to comply with: credit card industry rules, ACH industry rules, PayPal terms of service, US law, and requests from verified US judiciary or law enforcement agents. DrMiller.com Accounting Policy: For information about specific terms of the DrMiller.com Accounting Policy refer to the appropriate section below: * Payment Frequency and Pay Period End Time * Payment Distribution * Direct Deposit (United States) * Direct Deposit (International) * Payment Change Deadlines * Payment Threshold * Retail & Wholesale Pricing * Currencies * Returned Sales * Revoked Sales * Debit Backdating * Return Allowance * Determination of Affiliate * Account Closure * Account Transfer * Customer Distribution Requirement * Dormant Accounts * Postal Delays & Reissued Checks * Stale Checks * Stolen Checks * Returned Direct Deposits * Taxpayer ID Number Requirement for U.S. Based Affiliates Earning Over $600 * Legal Limitations Payment Frequency and Pay Period End Time All accounts receive payments monthly. Checks will be cut on the fifteenth of the month each month and mailed through US Post. All successful purchases that are made on or before 12midnight PST on the last day of any month will be credited to the account and paid out on the fifteenth of the following month. Payment Distribution Payments are always sent two weeks after period-end. Paper U.S. checks over $5,000 are sent at our expense by U.S. Priority Mail wherever possible. Paper U.S. checks over $10,000 are sent overnight via FedEx wherever possible. Payment Change Deadlines All changes to payment details, including address or payee changes, and changes between payment methods, must be made by the applicable deadline for each pay period. Specifically, changes must be complete before settlement is run, which occurs at end of day Tuesday, one week after a pay period ends. Payment Threshold The Payment Threshold is a predetermined minimum amount of money you must have in your account before we cut you a check. Our Payment Threshold amount is $50.00. We hold your check until your payable balance reaches this amount. A $2.50 pay period processing charge is deducted from each payment we issue. Currencies DrMiller.com processes sales in USD (United States Dollar) only. Returned Sales As part of our commitment to quality customer service, DrMiller.com may approve a return in response to a customer dispute. When a sale is returned the customer receives a 100% refund and payouts from that sale are debited back out of the corresponding publisher and affiliate accounts. These practices can help prevent revoked sales: * Remind the customer that your product brand name will not appear on their credit card statement. Instead they will see the name of product retailer "DRMILLER.COM". * Make it very easy for the customer to contact you for technical support. Visibly display your email address on the page so that they can write it down. If you have a business phone number, provide them with that too. * Let the customer know that product is backed by DrMiller.com's guarantee of quality customer service and that DrMiller.com will be happy to help them if there is any problem with their purchase Debit Backdating Returns and revokes are backdated 7 days for accounting purposes. For example, if a return is processed on a Thursday after pay period end, the debit is applied to the previous pay period. Determination of Affiliate The affiliate (if any) associated with any DrMiller.com sale is determined by DrMiller.com staff. Any decision made by DrMiller.com staff is final and not subject to petition or debate. Though we believe our tracking system to be more fair and accurate than any alternative, we make no representation regarding the ability of the system to track any specific customer, for any specific length of time. Account Closure You may close your account at any time. Any closing balance under $10 will be forfeited. Account Transfer At your request we can change the payee associated with your account. To initiate this process we need a signed authorization statement from the current payee sent to us via certified mail. A $50 account transfer fee applies. Customer Distribution Requirement DrMiller.com accounts cannot be used for the sole purpose of collecting rebates or otherwise extending credit to yourself or others. In compliance with US law, DrMiller.com will withhold payment of any account balance until the following criteria is met: * Sales made with 5 or more different credit card numbers and * Sales made with two different payment methods (either Visa, MasterCard, or PayPal). Note: PayPal purchases do not count toward the minimum 5 different credit card numbers. Postal Delays & Reissued Checks No national postal service is 100% reliable. If your check is significantly delayed you may request that we send you a new check. To issue a new check we have to pay a service fee to the bank network to recall (void) the first check. A $20 cancellation charge applies. New checks will only be issued on days when regular checks are sent. DrMiller.com must receive the reissue request by the pay period end date in order for the reissue check to be processed at the same time as the payment for that pay period. There are no exceptions to these deadlines. To request that a check be reissued, please email us at affiliate@drmiller.com. Stale Checks DrMiller.com checks are VOID after 90 days from the date of issue. Please present your checks to your financial institution promptly. If you present a check after the 90 days your bank may refuse the check. We can issue a new check if the stale check is in our possession. Please write "VOID" across the check and send it to the following address: Dr. Miller Attn: Accounting Department PO Box 803 Nevada City, CA 95959 After we receive the check a new one will be issued on the next payout date. Stolen Checks If a check is fraudulently endorsed (deposited by someone other than you) you will need to open a fraud case with our bank. If the bank determines that fraud did occur they will reimburse us the funds. We will then issue a replacement check. DrMiller.com cannot reissue a check prior to the funds being returned to us or prior to the completion of the investigation by the bank. Taxpayer ID Number or Social Security Number are a Requirement for US Based affiliates Earning Over $600. DrMiller.com highly encourages U.S. based affiliates earning over $600 a year to obtain an IRS issued Employer Identification Number (EIN) to input into your account as a taxpayer ID number from the IRS. The IRS will either provide your number online, or mail it to you. Once you have obtained your EIN please be sure to key it in to all of your DrMiller.com accounts, in this 9-digit format: 12-3456789. This helps to simplify the year-end 1099 reporting requirement. In any event, U.S. based affiliate accounts earning over $600 are required to have a taxpayer ID number of some kind linked to their account, at a minimum a social security number. If your inputting a social security number, be sure to use the proper 9-digit format including dashes: 123-45-6789. Note: The taxpayer ID number input to your account must match the payee name on the account. If you are utilizing a business payee name but reporting under an individual social security number, you will need to fax a completed IRS W-9 form to us at 530-478-0160. Be sure to include a cover sheet that indicates your account nickname. Second note: If you are utilizing a U.S. address but are a beneficial resident of a foreign country, you will instead need to fax a completed IRS W-8ben form to us at 530-478-0160. Be sure to include a cover sheet that indicates your account nickname. Legal Limitations This document is not a warranty. For more detail please consult the DrMiller.com Client Contract. DrMiller.com Client Contract The DrMiller.com Client Contract is the contract between the Company (dba "DrMiller.com") and the DrMiller.com Client ("You"). By using DrMiller.com you consent to the following terms: 1. You agree that California law, excluding principles of conflict of law, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Nevada City, California. You consent to the exclusive jurisdiction of such courts. 2. You agree to assume full responsibility for your decision to use DrMiller.com affiliated services. The Company offers the DrMiller.com service "as is" and disclaims any implied warranties including warranties for merchantability, fitness for a particular purpose, and non-infringement. 3. You agree that in no event will the Company be liable to You for any special, incidental or consequential damages. 4. It is expressly understood that you and DrMiller.com are, in all respects, independent parties to a contract. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create a relationship of employer or employee, partnership, or joint venture, fiduciary or similar relationship between you and DrMiller.com, for any reason whatsoever. Consistent with the parties' status as independent contracting parties: * You are not authorized to make any promise, warranty or representation on behalf of the DrMiller.com for any purpose. * You agree that you shall not represent to any person that you are the agent of DrMiller.com, nor fail to correct any misunderstanding as to such status. * You will not have the power or authority to, and agree that you will not, obligate or attempt to obligate DrMiller.com in any manner whatsoever. * You will be solely responsible for reporting or paying any federal or state income taxes on your earnings (including any earnings stemming from or related to this agreement). * You will be solely responsible for withholding, paying and/or reporting federal or state income taxes, FICA (Social Security or Medicare) taxes, FUTA taxes, state unemployment insurance taxes, state disability insurance taxes, or any other taxes directly associated with the compensation you pay to your employees, contractors or agents. 5. You agree that you are responsible to obtain all relevant licenses and permits associated with the legal operation of your enterprise. Furthermore, you agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive. 6. If You promote products listed by DrMiller.com, then: 1. You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with DrMiller.com's 60-day return policy. 2. You agree to make no such promotions that involve unlicensed or unauthorized use of materials protected by copyright, trademark or other intellectual property laws. 3. You agree that You will not engage in activities that interfere with our tracking of commissions, or with the normal flow of traffic from affiliates. 4. You agree that all such promotions will not be false or misleading and will be fully compliant with federal and state laws, including U.S. federal and state laws regarding network abuse, unsolicited messaging, and U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. All such promotions must contain all disclosures necessary to prevent them from being false or misleading in a clear and conspicuous manner. See Federal Trade Commission Policy, Dot Com Disclosures, http://www.ftc.gov/bcp/conline/pubs/buspubs/dotcom/index.pdf. 5. You agree to make no such promotions promising customers rebates, coupons, tickets, or vouchers in connection with their DrMiller.com purchase. 6. You agree that You and your products are subject to the "DrMiller.com Product and Publisher Review Program" which may be revised at any time and without advance notice to You. 7. You agree that your product will be subject to constant review and evaluation. You agree that DrMiller.com, in its sole discretion, may increase the amount of purchase funds kept in reserve, demand changes to product promotion and delivery pages, customer support or other items related. 8. You agree to provide DrMiller.com with an active and working email address related to your account and to respond within 24 hours to any email communication from DrMiller.com to you. 9. If You send (or cause to be sent) messages by electronic means (including but not limited to email and instant messages) in connection with the direct or indirect promotion of DrMiller.com products, then You represent and warrant the following: 1. No such message will be sent to any individual who has not explicitly requested to receive such messages specifically from You or your company. 2. No such message will be sent to any individual who has explicitly requested to receive no further messages from You or your company. 3. All such messages will be in full compliance with federal and state laws and regulations governing commercial electronic mail, electronic messaging, and advertising. 4. No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message. 5. All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message. 6. No such message will include any incomplete, invalid, misleading, fake, or forged message headers. 7. All such messages will include complete, valid, and accurate message headers indicating the origin of the message. 8. No such message will be delivered in conjunction with the use of mousetraps, such as windows that reappear, spawn new windows or otherwise resist being closed. 9. No such message will be delivered via means that exploit documented or undocumented security holes on any client or server machine. 10. All such messages by email will include clear, valid, and conspicuously displayed From, Subject, Removal or Opt-Out information, and a functioning return address (or hyperlink) that 1) enables the recipient to submit a request to receive no further messages from You; and 2) remains capable of receiving such requests for no less than 30 days from the date the message was sent. 11. No such message will be sent to an address that was obtained via 1) automated means from an Internet web site or proprietary online service operated by another party; 2) generation of possible addresses by combining names, letters, or numbers into numerous permutations; or 3) spyware, viruses, or other means of bypassing system security or invading consumer privacy. 12. No such message will be sent from (or made to appear that it was sent from) an address that was obtained via the use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages. 13. No such message will be sent, relayed, or transmitted by a protected computer or network that was accessed without authorization. 14. No such message will include any fraudulent, deceptive, false or misleading information. 10. You agree and understand that the Company's right to take any of the above actions does not constitute a right or obligation to take them for the benefit of any third parties, including you. 11. Following the suspension of an account or holding of funds per Section 9 above, the Company will review conduct that appears to violate this DrMiller.com Client Contract. This review will be conducted in a manner decided by the Company. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe actionable misconduct has occurred, the Company may seize funds in your DrMiller.com account as liquidated damages and/or for the benefit of third parties affected by the misconduct. The Company may also pursue other remedies as allowed by law. 12. You understand that the Company may also temporarily hold any portion of the funds in your DrMiller.com account if we determine such action is needed to secure the payment and performance of all liabilities, obligations, and indebtedness You may incur with the Company. 13. You understand that the Company may freely assign or otherwise transfer any or all of the rights and obligations described under the DrMiller.com Client Contract without your consent and without notice to You. 14. You agree that if any provision of this DrMiller.com Client Contract is declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination and the illegal or invalid part, term or provision shall not be deemed to be part of this DrMiller.com Client Contract. 15. You understand that the Company reserves the right to modify the DrMiller.com Client Contract at any time.
	I have read, understand and agree to the above terms and conditions.

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