AFFILIATE TERMS & CONDITIONS
THE “AGREEMENT”
Please read this entire agreement so you know and understand the program rules!
1. DENTISTRX AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation in the DentistRx affiliate program. In this agreement, the term “Affiliate” refers to (Fill in Name) (the affiliate). In this agreement, DentistRx refers to the company, DentistRx, LLC., (“DRX”) and the products it owns sells and otherwise makes available for purchase and/or use.
2. MODIFICATION
By posting a Change Notice or a new agreement on this site, DRX may modify any of the terms and conditions within this Agreement at any time and at its discretion. These modifications may include, but not limited to changes in the scope of available sales commission, commission schedules, payment procedures and Affiliate Program rules. If any of the modifications are unacceptable to affiliate, affiliates only recourse is to terminate this Agreement by sending DRX an e-mail or notifying DRX of the termination. Continued participation shall be deemed acceptance of the new terms following the posting of a Change Notice or new agreement.
3. ENROLMENT AND ELIGIBILITY
- To enroll in the affiliate program, you must submit an affiliate application and be approved. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
- All applicants must be over the age of 18 and reside in the United States
- You agree that any and all digital and/or social media postings, text and email messages, and all other communications or statements (each, a “Communication”) effected by or on behalf of you in connection with your promotion of DentistRx and DentistRx products will comply with all applicable laws, rules, regulations, and guidelines (including without limitation, the federal Telephone Consumer Protection Act, 47 U.S.C. section 227 et. seq, the federal CAN-SPAM Act, 15 U.S.C. sections 7701-7713, and the Federal Trade Profit Share's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR part 255 (https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), as well as the rules, regulations and policies of each applicable digital and/or social media platform. Without limiting the generality of the foregoing, each Communication shall be preceded with (i) a clear and conspicuous disclosure of the nature of your Affiliate relationship with DentistRx and that you can receive commissions on sales referred to DentistRx; or (ii) if the posting is a social media posting, either the disclosure in the foregoing clause (i) or “#ad,” #DentistRxSponsored,” “DentistRx_Affiliate” or other such hashtags as may be required by DentistRx’s sponsorship or endorsement posting guidelines as may be provided by DentistRx from time to time. You agree to promptly edit any posts as may be requested by us.
4. AFFILIATE URL
You will be issued a special URL once you become an approved member of the DentistRx Affiliate Program which will be unique to you and you only and will allow you to be paid for affiliate sales.
5. COMMISSIONS
Affiliates will receive a percentage of the revenue as a commission from orders for Power Toothbrush products placed through properly coded Affiliate links (unless noted otherwise for a product). Commissions may vary based on different product promotions.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
The affiliate program is valid only for power toothbrush products sold through the DentistRx website. Sales through 3rd party sellers and/or resellers does not qualify.
6. PAYMENT
DentistRx pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. Payments will be made on, or around the 1st and 15th of each month to any affiliate who has a balance of more than $25.
7. ORDER FULFILLMENT
DentistRx will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any DentistRx products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. DentistRx will also be solely responsible for all customer service inquires.
Customers who purchase products and services through the DentistRx Affiliate Program will be deemed to be customers of DentistRx. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. DentistRx policies will always determine the price paid by the customer.
8. PROHIBITED PROMOTIONS
DentistRx Affiliates MAY NOT promote DentistRx or DentistRx Products through any forums, groups, blogs or sites that:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
9. PERMITTED USAGE
The following are permitted uses of the DentistRx brand, content, creative assets and marketing resources:
- All digital and/or social media postings, text and email messages, and all other communications or statements (each, a “Communication”) effected by or on behalf of you in connection with your promotion of DentistRx and DentistRx products will comply with all applicable laws, rules, regulations, and guidelines (including without limitation, the federal Telephone Consumer Protection Act, 47 U.S.C. section 227 et. seq, the federal CAN-SPAM Act, 15 U.S.C. sections 7701-7713, and the Federal Trade Profit Share's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR part 255 (https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), as well as the rules, regulations and policies of each applicable digital and/or social media platform. Without limiting the generality of the foregoing, each Communication shall be preceded with (i) a clear and conspicuous disclosure of the nature of your Affiliate relationship with DentistRx and that you can receive commissions on sales referred to DentistRx; or (ii) if the posting is a social media posting, either the disclosure in the foregoing clause (i) or “#ad,” #DentistRxSponsored,” “DentistRx_Affiliate” or other such hashtags as may be required by DentistRx’s sponsorship or endorsement posting guidelines as may be provided by DentistRx from time to time. You agree to promptly edit any posts as may be requested by us.
- DentistRx may grant DentistRx Affiliates access to certain content through the Affiliate Dashboard or otherwise to assist in promoting or selling the DentistRx products (“Promotional Content”). DentistRx hereby grants a non-exclusive, non-transferable, non-sublicensable license to Affiliates to use the Promotional Content solely for the purpose of selling or promoting the DentistRx products or promoting DentistRx in accordance with these Affiliate Terms. DentistRx Affiliates shall not use or permit the use of the Promotional Content for any other purpose, nor shall they (1) alter or modify it in any way or create derivative works from it without advance written permission from DentistRx or (2) use it in connection or conjunction with other content that DentistRx in its sole discretion deems inappropriate. As between DentistRx and DentistRx Affiliates, all intellectual property and other proprietary rights in and to the Promotional Content are and shall be owned by DentistRx and/or its licensors. DentistRx may revoke this license at any time in its sole discretion. Upon revocation of the license, termination of these Terms or your Affiliate relationship with DentistRx, you shall immediately cease using and displaying the Promotional Content.
- Affiliates may post personal reviews via messaging and/or video content so long as they are in compliance with DentistRx Terms of Use.
10. PROHIBITED USAGE
The following cases are prohibited and are grounds for immediate termination of the affiliate account.
- Affiliates MAY NOT make outlandish, misleading or false claims of DentistRx product performance or health benefits.
- Affiliates MAY NOT use the DentistRx, Products, Promotional Content or DentistRx Brand in any way that would:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
- Affiliates MAY NOT use the DentistRx logo, logo marks or other DentistRx website/branding imagery in a header graphic or in any way as to indicate they are official representatives of DentistRx.
- Affiliates MAY NOT use the term DentistRx in ANY variation in their site URL ex. (DentistRx.net, DentistRxcouponcodes.com, DentistRxtoothbrush.com, DentistRx-toothbrushes.com, etc.).
- Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
11. DENTISTRX ANTI-SPAM POLICY
DentistRx strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system.
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
- DentistRx, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, the DentistRx Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department.
12. RELATIONSHIP OF PARTIES
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
13. TERM AND TERMINATION
The term of this Agreement will begin when you accept and will end when terminated by either party. Either DentistRx or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Sites and Social Media, all links to the DentistRx websites, and all DentistRx trademarks, logos, and other DentistRx marks and all other materials provided in connection with this program.
14. LIMITATION OF LIABILITY
DentistRx will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
15. DISCLAIMERS
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and DentistRx will not be liable for the consequences of any interruptions or errors.
16. SEARCH POLICY
Affiliates may not use the terms DentistRx , “DentistRx” as keywords in any form of search-based advertising or advertising on social networks including, but not limited to: Facebook, Twitter, Google and Reddit.
17. MISCELLANEOUS
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up to the DentistRx Affiliate Program you are agreeing to receive occasional e-mail communication from DentistRx to inform you about new products and news so that you in turn can inform your readers and followers.
By signing up with the DentistRx Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
Without notice to you, DentistRx also reserves the right to “unregister" a Program account that is inactive and cause that Program account to be ineligible for the Program. An inactive Program account is defined as a DentistRx account that has not earned commissions for one year. In the event your Program account is unregistered due to inactivity, then you will no longer be eligible for Program benefits. You may reactivate your Program account by obtaining and using a new Personal URL, but any commissions earned prior to your program account being deemed inactive will be forfeited and void.
18. DISPUTES
Any disputes related to these Affiliate Terms and the subject matter herein will be resolved pursuant to the dispute resolution terms of DentistRx. If any provision of these Affiliate Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Affiliate Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Affiliate Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign any rights or obligations under these Affiliate Terms, in whole or in part, without the written consent of DentistRx. DentistRx may freely assign or transfer these Affiliate Terms. Any assignment or transfer in violation of the foregoing is void. These Affiliate Terms are the final, complete and exclusive Affiliate Terms between you and DentistRx with respect to the subject matters hereof and supersedes and merges any discussions between you and DentistRx with respect to such subject matters. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program.
RIGHT TO CANCEL PROGRAM AND CHANGE TERMS
DENTISTRX RESERVES THE RIGHT TO MODIFY AND/OR TERMINATE THE PROGRAM AND/OR MODIFY ALL OR ANY PORTION OF THESE AFFILIATE TERMS OR ANY POLICY PERTAINING TO THE PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO DISCONTINUE OR CHANGE ANY PROGRAM BENEFITS OR EXPIRATION DATES FOR COMMISSIONS AND RELATED URL CODES RECEIVED THROUGH THE PROGRAM, MERGE THE PROGRAM WITH ANOTHER REWARDS PROGRAM, OR TO ADJUST HOW COMMISSIONS ARE EARNED, CALCULATED OR REDEEMED. IF WE MAKE CHANGES, WE WILL POST THE AMENDED AFFILIATE TERMS TO OUR WEBSITE AND UPDATE THE “LAST UPDATED” DATE ABOVE. WE MAY ALSO ATTEMPT TO NOTIFY YOU IN OTHER WAYS. UNLESS WE SAY OTHERWISE, THE AMENDED AFFILIATE TERMS WILL BE EFFECTIVE IMMEDIATELY AND YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER THE AMENDED AFFILIATE TERMS ARE POSTED WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THE AMENDED AFFILIATE TERMS, YOU MUST STOP PARTICIPATING IN THE PROGRAM.
QUESTIONS?
If you have any questions about the Program or these Affiliate Terms, please contact us at info@dentistrx.com.
