AFFILIATE TERMS AND CONDITIONS
By applying to become and/or becoming an Affiliate for Health Evolution, I certify that I have carefully read these Health Evolution Policies and Procedures and agree to abide by all terms.
I understand that I have the right to terminate my affiliate status at any time, with or without reason, by sending written notice to the Company.
I certify that if requested, the Social Security Number or Federal Tax ID Number entered is my correct taxpayer identification number.
I understand that any intentional misrepresentation of any information I provide to Health Evolution may result in action by the Company, up to and including termination of this agreement.
This document sets out the terms and conditions between Health Evolution Affiliates and Health Evolution.
- One email address is allowed per individual affiliate name (per person). No "Double Dipping" as this makes the commission structure unfair for all concerned.
- We need to communicate so if you unsubscribe or opt-out from receiving emails, all affiliate payments and your affiliate membership will be canceled.
- The following countries are part of the Health Evolution NFR countries: Australia, New Zealand, Republic of Korea.
- NFR stands for Not For Resale, and means that product shipped to any location designated as NFR is to be used by the purchaser for PERSONAL USE only and should not be resold to others.
- The NFR program allows consumers to sign up as Customers and/or Affiliates, purchase products, refer others to the program and receive commissions.
- Even though you may not sell directly to retail customers in any of the NFR countries, you may sign up others to become customers and Affiliates so that anyone can build their business on a global level. It is permitted to purchase online in NFR countries for personal use.
- Health Evolution products are available for purchase in all countries in which Health Evolution is open as NFR or otherwise.
- I am of legal age in my state/country of residency. I understand that as a Health Evolution Affiliate, I may cancel this agreement at any time regardless of reason by written or electronic notice to Health Evolution I also understand that my acceptance as a Health Evolution Affiliate is not automatic, but is subject to the receipt and acceptance of my Affiliate application by Health Evolution at its head office in Nevada USA..
- I certify that the Social Security Number (SSN), Federal Tax ID number or equivalent, if applicable, if requested as part of this Affiliate Application and Agreement is my correct taxpayer identification number. I agree that I am an Affiliate responsible for determining my own time expended on business activities without control or direction from Health EvolutionI am not an agent, employee or legal representative of the Company and I am responsible for the payment of any federal and state self-employment taxes and other taxes required by any federal, state or taxing agency. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt or custody of the income of which I am the beneficial owner, or any withholding agent that can disburse or make payments of the income of which I am the beneficial owner.
- I agree that I will retain records of product sales and distributions.
- I will not make any false or misleading or disparaging statements about Health Evolution, the Health Evolution Affiliate position, Health Evolution products, Health Evolution earning opportunities, Health Evolution personnel, customers or other affiliates.
- In particular, I will not use reverse clickbait tactics eg no healthevolutionscam.com or similar URLs, no tags such as “Is Health Evolution a scam?” which disparage the brand. Health Evolution is a reputable company providing premium products: the regenerative formulas with genuine ingredients at the recommended clinical dose are respected by health professionals and individuals.
- I will not use the Company name, or the Company trade names, logos, sales materials, company literature, trademarks, any websites or service marks of Health Evolution except in materials provided by the Company or approved in writing by Health Evolution prior to their use by me. I understand that unauthorized use or duplication of trade names, trademarks and copyrighted materials is a violation of federal law.
- I understand that it is an affiliate condition that the company Health Evolution LLC owns all domain name suffixes (the domain, also known as a top-level domain or TLD for short) - eg ending in .co.uk, com.au, net, me, etc etc.
- Health Evolution is the owner of numerous names, marks and trademarks, including but not limited to “Health Evolution”, “TeloMind”, “AminoBoosters”, “AminoB12”, "AminoSerene", and other names and marks of Health Evolution which are exclusively owned by Health Evolution and Affiliates have no ownership or use or interest therein by virtue of this agreement or otherwise. Health Evolution hereby grants a limited license to affiliates to use the names, marks and trademarks of Health Evolution, subject to the Terms and Conditions of this agreement. Affiliates recognise the value of the goodwill Health Evolution has created with its names, marks and trademarks and acknowledges that the names, marks and trademarks of Health Evolution or its affiliates and all rights therein and goodwill pertaining thereto belong exclusively to Boom!
- If found to be spamming in connection with activities as an Affiliate, any business relationship with Health Evolution will be terminated immediately and no future commissions will be paid. Health Evolution reserves the right to impose disciplinary action, including termination of affiliate status in appropriate situations in Health Evolution’s sole discretion based upon violation of these Terms and Conditions by any one or more person within the household of an affiliate.
- In order to maintain a viable marketing program and to comply with international, federal, state and local laws and economic conditions, Health Evolution may provide additional Terms and Conditions to this agreement from time to time, as well as to modify the Health Evolution Affiliate Compensation Plan and the Health Evolution Policies and Procedures. Such additions and modifications shall become a binding part of this agreement upon publication on the official Health Evolution website. I understand that no attorney general or other regulatory authority ever reviews, endorses or approves any product, Compensation Plan or company, and I will make no such claims regarding Health Evolution. Affiliates shall not create, sell or utilize any promotional materials or website referring to Health Evolution, its Health Evolution Compensation Plan or products except those provided by the Company UNLESS approved in writing by the company Chief Executive Officer.
- I have carefully read and agree to comply with these Health Evolution Terms and Conditions, the Health Evolution Compensation Plan and the Health Evolution Policies and Procedures together with all future modifications. I understand that I must be in good standing and not in violation of these Terms and Conditions to be eligible for participation in the Health Evolution Compensation Plan. The continuation of my affiliate business or my acceptance of commissions shall each constitute my acceptance of all amendments.
- I acknowledge that no representations or guarantees have been made to me by Health Evolution, its officers, affiliates or any representative of the Company concerning how much money I will earn as an affiliate.
- I understand that my affiliate position may be inherited or bequeathed and may be transferred or assigned during my lifetime upon the prior written consent of Health Evolution and upon the Terms and Conditions set by Health Evolution, which consent shall not be unreasonably withheld. I agree to obtain all governmental licenses and permits applicable to my business activities as an affiliate. I agree to abide by all local, state, federal and international laws that apply to my Health Evolution affiliate business and my marketing of Health Evolution products.
- Health Evolution is responsible for the following fulfillment to affiliates: Fulfillment of affiliate and customer product orders and the payment of affiliate commissions. No credit purchases or CODs are available. Affiliates agree to recommend to other affiliates and to sell Health Evolution products in locations as Health Evolution may permit from time to time.
- Change of original sponsor is not permitted without written approval by the Chief Executive Officer. Affiliate and customer lists and all data and information concerning Health Evolution affiliates and customers are owned by the Company and may not be used by the affiliate for any purpose without the prior written consent of the Company. During the term of this agreement and for two (2) years thereafter, affiliates shall not directly or indirectly, solicit Health Evolution affiliates or customers to other business opportunities and/or organizations, nor to provide names or contacts for the same or similar reasons to a third party.
- This agreement is governed under the laws of Nevada USA. The parties agree that all claims, disputes and differences arising between them under this agreement shall be exclusively resolved by binding arbitration pursuant to the relevant legal framework with arbitration to occur in Queensland Australia. The arbitrator may award, in addition to declaratory relief, contract damages and may also award consequential damages in the event of a breach of any provisions of sections 4, 5, 6 and 13 of this agreement and shall award reasonable costs and attorney fees to the prevailing party. An arbitration award may be enforced in any court of competent jurisdiction. This provision shall not preclude either Health Evolution or affiliates from seeking temporary or permanent injunctive relief in any court of competent jurisdiction.
- I understand that if I fail to comply with the terms of this agreement, Health Evolution may impose upon me action(s) as it determines in its sole discretion including termination of my Affiliate status.
- I agree to indemnify and hold Health Evolution harmless from my actions and omissions that fall outside of my relationship to Health Evolution, as well as those that are in violation of this agreement, including Health Evolution’s legal fees and costs.
- Affiliates may return literature and products purchased from Health Evolution within 60 (sixty) days of purchase; if returned to Health Evolution, affiliates may obtain a refund of the purchase price less shipping fees. Shipping costs for returned items shall be borne by affiliates. Payment of refunds will be made within sixty days of actual receipt of returned items. Sales materials and services delivered by internet methods are not capable of being returned to Health Evolution and are not subject to refund. Health Evolution will honor refund requirements at variance with this paragraph as specified by state or federal law. If the products being returned are part of a package (including any event specials) that included free products, then the number of free products for the package will be first deducted from the number of items being returned and the remaining number of items will be refunded on a pro-rata basis, subject to a 10% restocking fee.
- This agreement in its current form and as amended by Health Evolution at its discretion constitutes the entire contract between Health Evolution and affiliates. Any implied promises, representations, offers or other communications not expressly set forth or incorporated by reference to this agreement are of no force or effect. If any provision of this agreement shall be declared invalid by the adjudicator of the law, the remaining provisions shall remain in force and effect and the language of the offending provision shall be reformed only to the extent necessary to ensure its enforceability.
- If an affiliate wishes to bring an action against Health Evolution for any act or omission relating to or arising from this agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Health Evolution for such act or omission. An affiliate waives all claims permissible by any other applicable statutes of limitation.
- Affiliates authorize Health Evolution to use the affiliate’s name, photograph, personal story and/or likeness in advertising or for promotional materials and hereby waive all claims for remuneration for such use. An affiliate may cancel this authorization at any time by contacting Health Evolution by written letter sent by way of recorded mail.