Pure Prescriptions - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of Pure Prescriptions, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Pure Prescriptions service as an affiliate. By signing up for the Pure Prescriptions affiliate program, you indicate your acceptance of this agreement and its terms and conditions. PURE PRESCRIPTIONS AFFILIATE PUBLISHER AGREEMENT We will evaluate your registration form and notify you if your Site is not accepted for participation in the Pure Prescriptions Store Affiliate Publisher Program ("Program"). We may reject your application after initial approval if we determine (in our sole discretion) that your Site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that: • Infringe trademark rights of Pure Prescriptions or any third party or otherwise violate the rights of any third party; • Contain sexually explicit materials; • Contain hate/violent/offensive content; • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; • Promote illegal activities or otherwise violate any applicable laws, including those targeting "spyware", "adware" or SPAM; • Violate any intellectual property rights, including, without limitation, scraping text or images from Pure Prescriptions's Websites; • Do not clearly state an online privacy policy to its visitors; or • Otherwise are considered offensive or inappropriate at Pure Prescriptions's sole discretion. In consideration of the promises set forth below, Pure Prescriptions and Affiliate Publisher agree as follows: 1. Affiliate Publisher's Responsibilities. 1.1. Affiliate Publisher may bid on search terms from website search engines or other directory or referral services (e.g. Yahoo Search Marketing, Google, etc. collectively "Search Engines"), provided that (i) Publisher Affiliate's search terms, listing titles and descriptions, and the content of their websites do not violate the copyright or any other rights of Pure Prescriptions or third party, as determined by Pure Prescriptions at its sole discretion; and (ii) Affiliate Publisher complies with the following guidelines, as determined by Pure Prescriptions and its sole discretion: 1.2. Affiliate Publisher will not present or use any content at its site, including, without limitation, graphical images, logos, text copy, editorial copy, press releases, or marks, that: (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, Pure Prescriptions; (ii) is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of Pure Prescriptions or any third party; (iv) refers to Pure Prescriptions but is used as part of a name of a product or service of a company other than Pure Prescriptions; or (v) is used in any other manner inconsistent with any term of this Agreement or with any provision of law. 1.3 Affiliate Publisher will not engage in deceptive software download or computer settings practices to promote Pure Prescriptions or Pure Prescriptions's sites. The deceptive practices prohibited include, but are not limited to, installing software without user knowledge, changing a user's home page without securing user permission, or offering downloadable software that does not uninstall. 1.4. Pure Prescriptions shall process all Customer orders. Affiliate Publisher acknowledges that all agreements relating to sales to Customers shall be between Pure Prescriptions and the Customer. Pure Prescriptions will set prices for ordered products at its discretion. 2. Ownership and Licenses. 2.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or that it may use or develop in the future. 2.1. Pure Prescriptions shall at all times have the right to review Affiliate Publisher's activities related to this Agreement. 3. Confidentiality. 3.1 Pure Prescriptions shall own and retain all right, title and interest in all names, addresses and other identifying information of customers visiting Pure Prescriptions's sites ("Customer Data") that Pure Prescriptions collects, including without limitation, Customers who access Pure Prescriptions's sites through Qualifying Links, and Affiliate Publisher shall have no right to use any such Customer Data. 4. Termination. 4.1. Pure Prescriptions may terminate any Engagement upon seven (7) days written notice by: (a) expiring the Engagement; or (b) replacing the Program Term for an Affiliate Publisher. Termination of an Engagement shall not terminate this Agreement. 4.2. This Agreement shall commence upon your click of the “I accept” button and Pure Prescriptions’s approval of your application for the Program and shall terminate as set out herein 5. Representations. 5.1. Each party represents that it has the authority to enter into this Agreement. 5.2. Affiliate Publisher represents that: (a) the contents of its website do not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) contain defamatory or libelous material; (iv) contain lewd, pornographic or obscene material; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (b) that Affiliate Publisher has and complies with a privacy policy that is prominently displayed on its website and in conformity with any laws that may apply to the privacy policy. 5.3. Each party shall indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein. 5.4. Pure Prescriptions may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion upon at least seven (7) days prior written notice, by pushing out a new Program Term with a new Agreement attached and giving Affiliate Publisher notice of the modification through IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE PUBLISHER, ITS ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE PUBLISHER'S CONTINUED PARTICIPATION FOLLOWING PURE PRESCRIPTIONS'S OFFER OF A NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGES.
	I have read, understand and agree to the above terms and conditions.

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