Our affiliates are very important to us. We do our best to treat affiliates with the fairness and respect. We simply ask the same consideration from you. We have written the following affiliate agreement with you in mind, as well as to protect RD2RD’s brand and name.
The legal terms are an important formality. Please read these terms in their entirety prior to submitting affiliate application. Additional details are available in referral program policy.
If you have any questions, please don’t hesitate to let us know. Email us at mailto:[email protected].
RD2RD AFFILIATE AGREEMENT
PLEASE READ THIS AFFILIATE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE (RD2RD.COM) AND SERVICES OFFERED BY MEGAN BOITANO NUTRITION, LLC d/b/a RD2RD (“RD2RD,” “we,” “us,” or “our”).
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RD2RD. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE RD2RD AFFILIATE AGREEMENT, , AND , AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR ALL RESPONSIBILITIES AND PROVISIONS THEREIN.
RD2RD’s Affiliate Program (the “Program”) incentivizes HTML linking between your website and RD2RD’s website. This Agreement contains the complete terms and conditions that apply to you (“you,” “your,” or “Affiliate”) becoming an Affiliate in RD2RD’s Affiliate Program.
Affiliate Account Access
- To enroll in the Program, you must complete and submit the online application at RD2RD.com/affiliate-area. After submission of the online application, you will receive a response within 48 hours.
- RD2RD reserves the right to reject your application or terminate your Affiliate Account at any time and for any reason, including, but not limited to, if your site:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or violate the law
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion
- Is a promotional website or Coupon Affiliate (as defined herein)
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program
- Includes “RD2RD” or any variations or misspellings thereof in its domain name
- Is created or designed, or any other website that you operate, explicitly or implied, in a manner that resembles the RD2RD website or is designed in a manner that leads customers to believe that your site is RD2RD.com or any other affiliated business
- If accepted to the Program, you will receive access to the RD2RD Affiliate services, tools, and resources (the “Affiliate Services”), including Program details and previously-published affiliate newsletters, downloadable HTML code to link to web pages within the RD2RD website, banner creatives, and tracking codes for our coupons and deals.
- This Agreement and all rights and obligations stated herein will become effective upon RD2RD’s acceptance of your Affiliate application and will continue unless terminated pursuant to this Agreement.
- In order to keep track of all qualifying visits from your site to ours, you must either register your domain with RD2RD (when allowed by RD2RD) or use the unique HTML code that we provide to you for each banner, text link, or other affiliate link (“Your Link”).
- You, as owner and/or authorized representative of your site, are wholly responsible for any and all updates to and maintenance of your linked website.
- It is the responsibility of the Affiliate to comply with all applicable intellectual property and other laws pertaining to the operation and maintenance of your site. Affiliate agrees to accept full responsibility for the unauthorized use of copyrighted material or other intellectual property in violation of the law and/or any third-party rights.
- We strongly advise Affiliates to maintain compliance with all Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, and testimonials on RD2RD’s products and services, as well as relationships between RD2RD and other types of content websites, including but not limited to forums, blogs, microblogs, and other social media channels, must be clearly disclosed in a separate policy on the affiliated sites. FTC mandates that when a connection exists between an endorser and the seller of an advertised product, it is imperative that such a connection is fully disclosed. It is the FTC’s position that an end-user has the right to be informed of and understand the existence of an endorser-sponsor relationship. We agree with this underlying idea and approach and strongly encourage our Affiliates to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any Affiliate whom we deem to be noncompliant with these FTC rules.
Rights and Obligations of RD2RD
- RD2RD reserves the right to monitor your site at any time during your participation in the Program to ensure that your site is up-to-date and is in compliance with the terms and conditions of this Agreement. In the course of our review, we may notify you of any changes that we feel can and should be made to your site to ensure that the use and/or placement of Your Links are appropriate and comply with RD2RD guidelines. In some instances, we may feel that certain changes to your site are necessary, and failure to implement the changes may result in termination of your Affiliate status.
- RD2RD may modify any of the terms and conditions of this Agreement at any time and at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Program rules. In such an event, you will be notified by email to the address in our records. If any enacted modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in the Program or use of Affiliate Services, following notice of the modification and posting of the modified Agreement on the RD2RD website, will constitute your agreement to the pertinent modifications.
- Either party may terminate this Agreement at any time, with or without cause, by providing the other party written notice in the form of mail, email, or fax.
- This Agreement will immediately terminate upon any breach of this Agreement by you. RD2RD reserves the right to terminate this Agreement and your participation in the Program immediately and without notice to you for any fraud or abuse of Your Link or the Program. If such fraud or abuse is detected, RD2RD shall not be liable to you for any commissions resulting from such sales.
Payment and Returns
- All monies due to Affiliates pursuant to the Program will be paid to such Affiliates within approximately twenty-one (21) days following the last day of the month in which a qualifying sale is made. RD2RD reserves the right to delay payment. Monthly payments will be made through registered PayPal accounts for all Affiliates. RD2RD reserves the right to add, remove or otherwise alter the specified payment method used by the Program as detailed in this Agreement.
- You are free to promote your own websites, but naturally any promotion that mentions RD2RD could be perceived by the public or the press as a joint effort. Be advised that certain forms of advertising are generally prohibited by RD2RD, as they could cause damage to our brand and reputation, these include, but are not limited to: (i) advertising commonly referred to as “spamming”, (ii) the use of unsolicited commercial email (UCE), (iii) postings to non-commercial newsgroups, (iv) cross-posting to multiple newsgroups at once, (v) the use of Pay-Per-Click campaigns and do not direct the traffic from such campaigns to their own website prior to redirecting it to ours, and (vi) cybersquatting or typo-squatting on trademark-related domains. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote RD2RD so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote RD2RD.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from RD2RD. If it comes to our attention that you are spamming, or are otherwise in violation of the above Promotion Restrictions, your participation in the Program will be immediately terminated, and any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
- RD2RD does not accept Coupon Affiliate websites. A “Coupon Affiliate” is defined as a user whose business model substantially consists of making coupons available. Whether a site is classified as a Coupon Affiliate shall be determined by RD2RD in its sole discretion. Factors that may lead to classification as a “Coupon Affiliate” include, but are not limited to (i) the presence of coupon offerings, especially from many different merchants, on the affiliate’s website, especially if such coupons represent many different merchants and/or are indexed or are organized in a directory; (ii) the presence of certain words (or variations or misspellings thereof) in the website’s URL or prominently featured in the website’s content, such as “coupons,” “deals” or “savings”; or (iii) a website that is focused on other merchants and the discounts or promotions offered by them, rather than on products, and that features little original, human-generated content.
- Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited RD2RD’s site (i.e., no page from our site or any RD2RD content or branding is visible on the end user’s screen). As used herein “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of RD2RD’s site in IFrames, hidden links, and automatic pop ups that open RD2RD’s site; (d) targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; or (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.
- RD2RD grants to you a nonexclusive, nontransferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are an Affiliate in good standing with the Program. You agree that all uses of the Licensed Materials will be on behalf of RD2RD and the goodwill associated therewith will inure to the sole benefit of RD2RD.
- Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Representations and Warranties
You hereby represent and warrant that:
- This Agreement constitutes a legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- 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.
Limitation of Liability
IN NO EVENT SHALL RD2RD, AND (AS APPLICABLE) RD2RD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR RD2RD’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, RD2RD’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
RD2RD’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF RD2RD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO RD2RD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You understand and acknowledge that this Program relies on third party services to track cookies, affiliate links, and otherwise. RD2RD does not guarantee that all referrals and links between your site and RD2RD will be accounted for or effective and is not responsible for any such failures.
YOU AGREE TO INDEMNIFY AND HOLD RD2RD AND (AS APPLICABLE) RD2RD’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SUBMITTED CONTENT, BREACH OF THIS AGREEMENT, OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and RD2RD. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflicts of laws and principles thereof.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
- 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.
Updated: December 1, 2017