As an authorized partner clinic (PC) of NeoGenesis, Inc., you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting NeoGenesis, Inc. as a PC.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to NeoGenesis, Inc. by your own website or personal referrals.
By signing up for the NeoGenesis, Inc. PC program, you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY PC Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your PC Program Application.
You will receive a complete report of all sales by the 5th of the following month. Commissions will be paid once a month, on the 15th of the following month. In the event a PC has a disagreement on the sales/commissions, it must be submitted to NeoGenesis, Inc. via email to email@example.com, within 30 days of the month that the transaction occurred.
Commissions will be paid on net sales, which includes gross sales, less tax, shipping, returned products, and chargebacks.
For a PC to receive a commission, the referred account must be active and in good standing.
Your PC application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the PC relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. NeoGenesis, Inc. reserves the right to require license agreements from those who employ trademarks of NeoGenesis, Inc. in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kickbacks from your PC commission as an incentive. Adding bonuses or bundling other products with NeoGenesis, Inc., however, is acceptable.
- Advertising discounted pricing online or in print.
- Fraudulent transactions, suspected PC fraud.
NeoGenesis, Inc. will give PC a 30-Day notice upon pending termination. In the event NeoGenesis, Inc. perceives there to be an immediate threat to NeoGenesis, Inc., NeoGenesis, Inc. reserves the right to terminate the PC account without notice.
In addition to the foregoing, NeoGenesis, Inc. reserves the right to terminate any PC account at any time, for any violations of this Agreement or any reason.
Partner Clinic Links
You may use graphic and text links both on your website and within your email messages. You may also advertise the NeoGenesis website in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
NeoGenesis, Inc. will not be liable for indirect or accidental damages (loss of revenue, commissions) due to PC tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program. Please refer to our website for information on product warranties. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance into the Program and will end when your PC account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement is unacceptable to you, your only choice is to terminate your PC account. Your continuing participation in the Program will constitute your acceptance of any change.
PC shall indemnify and hold harmless NeoGenesis, Inc. and its affiliated entities, subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by NeoGenesis, Inc to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of PC.
We do not anticipate any future issues to arise between us, but it is always prudent to provide an amicable process to resolve any that may occur. Therefore, we mutually agree that we will use reasonable efforts to amicably resolve any controversy or claim arising out of or relating to this Agreement. In the event any controversy or claim cannot be resolved by agreement, NeoGenesis, Inc. and the Company mutually agree that any dispute arising under or related to this Agreement will be resolved exclusively by binding arbitration before the San Diego County, California office of JAMS pursuant to its then existing rules except that it is required to adhere to California substantive law and to include factual and legal reasoning in all its rulings. THE COMPANY UNDERSTANDS AND AGREES THAT: THE COMPANY AND NEOGENESIS, INC. ARE WAIVING THEIR RIGHT TO A JURY TRIAL AND THEIR RIGHT TO SEEK REMEDIES AVAILABLE IN A COURT PROCEEDINGS; PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED; AND ANY PARTY’S RIGHT TO APPEAL OR SEEK MODIFICATION OF THE ARBITRATION AWARD IS STRICTLY LIMITED AND THE AWARD IS FINAL. Any arbitration award will be binding and enforceable in the Superior Court of the State of California and any other court of competent jurisdiction. This arbitration provision does not prevent either the Company or NeoGenesis, Inc. from seeking provisional relief pending the outcome of an arbitration proceeding. This Agreement and the relationship between NeoGenesis, Inc. and the Company is governed by California law, regardless of any laws on choice of law or conflicts of laws of any jurisdiction.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the NeoGenesis, Inc. PC program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the NeoGenesis, Inc. application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.