Retail Affiliate Program: Terms & Conditions
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the MPS Retail Affiliate Program. The purpose of this Agreement is to allow linking between the leaflets that you will display at your premises, and the MPS website. Please note that throughout this Agreement, “MPS”, "we," "us," and "our" refer to www.magnetic-products-store.com and by extension to Adva Trading Ltd, and "you," "your," and "yours" refer to the affiliate.
1. Your Obligations
1.1 To participate, an affiliate must have a physical premise, like store, clinic, surgery and so on.
1.2 To begin the enrolment process, you will complete and submit the online application at our site. We may reject your application at our sole discretion. We may decline your application if we determine that your premises or business is unsuitable for our Program. We may not provide a reason for declining your application.
1.3 You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are MPS website.
1.4 You agree to display the leaflets that we provided only in the leaflet holder that we provide.
1.5 You are not allowed to change the content of those leaflets in any way.
1.6 Once a customer visits the MPS website, they are customers of MPS, and you agree to direct them to us in any query.
2. Our obligations
2.1 We will provide you with a leaflet holder, and the leaflets for this holder.
2.2 The leaflets will contain a unique URL that customers should follow to the MPS website. By providing you this URL, we grant you a non-exclusive, non-transferable, revocable right to provide potential customers with an access to our MPS website.
2.3 Commission will be recorded on your Affiliate Account and paid to you only if the customers to MPS site used the URL on the leaflets that we provided, and checkout in one continuous session. No manual adjustments will be available.
2.4 Commission will be paid directly to your bank account once a month for the previous calendar month, by the 10th of every month, if a minimum of £50 was accumulated in your Affiliate Account.
2.5 As a member of The MPS Retail Affiliate Program, you will have an online access to your Affiliate Account. Here you will be able to view the accumulated commission.
2.6 We reserve the right to change the commission rate, with a notice of one week, which will be posted on our MPS website.
2.7 This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
3.1 Either you or us may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email. Money accumulated at the time of termination of the Affiliation Account will be paid to the Retailer within 7 days of the termination.
3.2 In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. If any breach detected, MPS shall not be liable to you for any commissions that originated from the breaches.
4.1 No product on MPS website is sold as a medical device. We STRONGLY recommend seeking advice from conventional medical professional for any medical condition. We have received emails over the years that magnets did help ease or treat certain medical conditions. Those testimonials have not been substantiated with medical or scientific evidence.
You represent and warrant that:
5.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
5.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
6. Limitations of Liability
6.1 WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MPS’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
7.1 You agree that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MPS. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether in your premises or online that reasonably would contradict anything in this Section.
7.2 Neither party may assign its rights or obligations under this Agreement to any party
7.3 This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to the conflicts of laws and principles thereof.
7.4 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.