BEFORE SUBMITTING YOUR ONLINE APPLICATION, READ THE FOLLOWING
THIS AGREEMENT IS A LEGALLY BOUNDING DOCUMENT BETWEEN YOU AND
IF SUBMITING THIS ONLINE APPLICATION YOU AGREE TO HAVE READ AND
UNDERSTOOD THE TERMS AND CONDITIONS HEREBY DISPLAYED AND CONSENT TO BE LEGALLY
RESPOSNIBLE FOR ALL TERMS AND CONDITIONS.
PRINTED COPIES OF THIS AGREEMENT MAY BE MADE FOR YOUR OWN
complete terms and conditions you would be applicable for as part of Senda
Essentials’ affiliate program are contained within this agreement. This
agreement was made to allow HTML links between your site and Senda Essentials
web site. Please note that "we," "us," and "our"
in this agreement refer to Senda Essentials, and "you,"
"your," and "yours" refer to the affiliate.
To become an affiliate, an online application has to be submitted to Kickbooster.
Although the application may be automatically approved we may re-evaluate it on
a later stage. Your application may be rejected at our sole discretion. If we
determined that your site is unsuitable for our affiliate program your
application may be cancelled. Your site may be considered unsuitable if
containing the following:
Promotion of sexually explicit materials
2.1.2. Promotion of violence
2.1.3. Promotion of discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
2.1.4. Promotion of illegal activities
2.1.5. Incorporation of any materials which infringe or assist others to
infringe on any copyright, trademark or other intellectual property rights or
to violate the law
2.1.6. "Senda Essentials" or variations or misspellings thereof in
its domain name
2.1.7. Is otherwise somehow unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable to us in
our sole discretion.
2.1.8. Software downloads that potentially enable diversions of commission from
other affiliates in our program.
2.1.9. A design that may imply in any manner resemblance to our site or leads
to believe you are Senda Essentials or other affiliated business.
As a member of Senda Essentials’ affiliate program, you will have access to
Affiliate Account Manager. Here you will be able to review our program’s
details and previously-published affiliate newsletters, download HTML code
(that provides for links to web pages within the Senda Essentials web site). In
order for us to accurately keep track of all guest visits from your site to
ours, you must use the HTML code that we provide for each banner, text link, or
other affiliate link we provide you with.
Placement and use of your links may be reviewed at any time by Senda
Essentials. Placement or use changes may be required to comply with the
guidelines provided to you.
Update and maintenance of your site is your responsibility. To ensure that
information is up-to-date, Senda Essentials may monitor your site and may
notify you if determined that changes may enhance your performance.
Following all applicable intellectual property and other laws that pertain to
your site is entirely your responsibility. Express permission must be required
to use any person’s copyrighted material whether in writing, and image, or
other copyrightable work. If you use another’s person intellectual property or
copyrighted material in violation of the law or any third party rights, you
will be solely responsible; Senda Essentials will not be responsible.
sendaessentials.com Rights and Obligations
To determine that you are complying with the terms and conditions of this
agreement we have the right of monitoring your site. Notifications in regards
of any changes or links in your site we feel are required may be made. If the
changes we consider necessary are not made, we reserve the right to end your
participation in Senda Essentials affiliate program.
If you were to commit fraud or abuse the affiliate program in any way, Senda
Essentials reserves the right to end this agreement and your participation in
our affiliate program without any notice. Senda Essentials shall not be liable
to you for any commissions for fraudulent sales if fraud or abuse is detected.
Upon our acceptance of your affiliate application this agreement will begin.
This agreement will remain unless ended hereunder.
agreement may be terminated at any time and with or without cause by both
parties. The agreement must be ended by giving written notice to the other
party. Written notice must be given in the form of email. If you breach this
agreement in any form, it will be immediately terminated.
our sole discretion we may modify any terms and conditions in this agreement,
if so we will notify you by email. If any modification is unacceptable to you,
your only option is to end this Agreement. Senda Essentials will interpret as
an agreement to the changes on your site your continued participation in Senda
Essentials affiliate program.
Essentials uses Kickbooster to handle all tracking and payments. Kindly review
Kickbooster’s payment terms and conditions.
Access to Affiliate Account Interface
enter your secure Kickbooster affiliate account you will create a password. From
your account you will have access to your sales report and commissions report.
You are free to promote your own website, however promotions that mention Senda
Essentials could be perceived by the consumer or the press a joint effort. I
would like to inform you that certain forms of advertising are prohibited by
Senda Essentials. Including, but not limited to spam. Spamming is unacceptable
to Senda Essentials and it could cause damage to our name. Other forms of
advertising generally prohibited includes the use of (UCE) unsolicited
commercial email, cross-posting to several newsgroups at once and posting to
non-commercial newsgroups. Additionally, any way of advertising that in any way
conceals or misrepresents your identity, your return email address, or your
domain name, is prohibited. You may use mailing to customers to promote Senda
essentials as long as the recipient is already a subscriber or a customer of
your web site or your services, and the option to remove oneself from future
mailing is given to the recipients. Whenever a news group specifically welcomes
commercial messages, you may post to promote Senda Essentials. Always, you must
clearly represent your website and yourself as independent from Senda
Essentials. If it comes to our attention that you are spamming, we will
consider that cause for immediate termination of this Agreement and your
participation in Senda Essentials affiliate program. If your account is
terminated due to such an unacceptable advertising or solicitation, any pending
balances owed to you will not be paid.
You aren’t prohibited from keying in prospect’s information into the lead form
as long as the prospects’ information is true and real, and these are valid
leads (i.e. sincerely interested in Senda Essentials’ products).
Grant of Licenses
You are granted a non-transferable, non-exclusive, revocable right to (i)
access our site through HTML links accordingly to the terms of this agreement
and (ii) solely in connection with such links, to use our trademark, trade
names, logos and similar identificatifying material (collectively, the
“Licensed Material) that it is provided to you or authorized by Senda
Essentials for such purpose. Only as an ongoing member in good standing of
Senda Essentials affiliate program you are entitled to use the Licensed Material.
You agree that all use of Licensed Matetials will be on behalf of Senda
Essentials and the good will associated therewith will inure to the sole
benefit of Senda Essentials.
Both parties herein agree to not use the other’s proprietary materials in any
way that is obscene, misleading, disparaging or that otherwise portrays the
party in a negative light. All the respective rights in the proprietary
materials covered by this license are reserved by each party. Each party
retains all title, right and interest to its respective rights and no title,
right or interest is transferred to other, other than the license granted by
Essentials makes no implied or express representations or warranties in regards
to Senda Essentials’ web site, services or the products provided therein, any
implied warranties of Senda Essentials fitness, ability for a particular purpose,
and non-infringement are expressly disclaimed and excluded. Additionally, no
representation that the operation of our site will be error free or uninterrupted
it’s made. And Senda Essentials won’t be liable for the consequences of any
interruptions or errors.
Representations and Warranties
represent and warrant the following:
This agreement has been validly and duly executed and delivered by you and
constitute your valid, legal, and binding obligation, enforceable against you
in accordance with its terms;
You have full authority, power and right to enter into and be bound by the
terms and conditions of this agreement and to perform your obligations under
this agreement, without the consent or approval of any other party.
You have sufficient interest, title, and right in and to the rights granted to
us in this agreement.
Limitations of Liability
Essentials will not be liable to you under any contract, strict liability,
tort, negligence or other legal or equitable theory for any incidental,
consequential, incident, special or exemplary damages (including, but not
limited to, loss of revenue or good will or lost business, or anticipated
profits), even if Senda Essentials has advised of the possibility of such
damages, with respect to any matter of this agreement. Additionally,
notwithstanding anything to the contrary contained in this agreement, in no
event shall Senda Essentials cumulative liability to you arising out of or
related to this agreement, whether based in contract, tort, strict liability,
negligence or other legal or equitable theory, exceed the total commission fees
paid to you under this agreement.
hereby agree to indemnify and hold harmless Senda Essentials, and its
subsidiaries and affiliates, and their officers, directors, agents,
shareholders, members, partners, and other owners, against any and all claims,
demands, actions, liabilities damages, losses, settlements, damages, expenses
and costs (including reasonable attorneys’ fees)( any or all of the foregoing
hereinafter referred to as “Losses”) insofar as such Losses ( or actions in
respect thereof) are based on or arise of (i) any claims that our use of the
affiliate trademarks infringes on any trademark, service mark, trade name,
copyright, intellectual property, license or other proprietary right of any
third party, (ii) any misrepresentation of a representation or warranty or
breach of a covenant and agreement made by you herein, or (iii) any claims
related to your site, including, but not limited to content therein not
attributable to Senda Essentials.
confidential information, including, but not limited to any technical,
business, customer information, financial, disclosed by one party to the other
during negotiation or the effective term of this agreement which is marked
‘Confidential”, will remain the some property of the disclosing party, and
confidentiality will be kept by both parties and not disclose or use such
proprietary information of the other party without the disclosing party given
express written permission.
You agree that nothing in this agreement will create any joint venture,
partnership, sales representative, franchise, agency, or employment
relationship between you and Senda Essentials, as you agree that you are an
independent contractor. Accepting any offers or representations on Senda
Essentials’ behalf is prohibited to you as have no authority to do so. No
statements will be made by you, whether on your site or any other of your site
otherwise, that reasonably would contradict anything in this section.
Neither us nor you may assign to any party its rights or obligations under this
agreement, with the exception 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 State of Queensland without regard to the conflicts of laws and
Unless in writing and signed by both parties, no provision of this agreement
may be amended or waived by you.
The entire agreement between you and Senda Essentials is represented in this
agreement, and all prior agreement and communications of the parties in both oral or written form shall superseded
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.
Any 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, if any provision of this agreement
is held to be invalid or unenforceable.