BM Pharmacy Pty Ltd Affiliate Program
Terms of Agreement
This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of BM Pharmacy. As used in this Agreement, "we" or "us" means BM Pharmacy Pty Ltd., "you" or "your" or "our" means the applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BM PHARMACY PTY LTD. BY CLICKING ON THE "I AGREE" LINK AT THE END OF THIS AFFILIATE AGREEMENT YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
1. Order Processing
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site(s). We will process orders placed by customers who follow the Links from your site to the affiliated sites. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make reports, summarizing this sales activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.
2. Referral fees
We will pay you referral fees for each and every new order and each and every re-order of a customer referred by you. You will also be paid referral fees on sales referred by other affiliates who you have introduced to BM Pharmacy Pty Ltd. For current information regarding our commission structure, please Click Here.
Referrals bonuses and other incentives may be offered from time to time. Only products that are sold by and for which BM Pharmacy Pty Ltd. has received full payment will qualify for a referral fee. A referral fee will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No referral fee will be paid if the visitor to our site cannot be tracked by our system. BM Pharmacy Pty Ltd. will make payment on the 10th and 25th day of each month (or first working day thereafter) for all fully paid referrals up until the time that the payment report is run. A minimum earning of $300 is required before a payment will be issued. If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next monthly payment. Bank Transfers may attract a processing fee.
3. Tracking of Sales
The Participant will be solely responsible for ensuring that all links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant in real time with a special URL that they are assigned. You may add as many links, or remove such links, at anytime and without prior approval from BM Pharmacy Pty Ltd.
BM Pharmacy Pty Ltd. policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of BM Pharmacy Pty Ltd. The Participant does not have the authority to make or accept any offer on behalf of BM Pharmacy Pty Ltd. All BM Pharmacy Pty Ltd. policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. BM Pharmacy Pty Ltd. is not responsible for any representations made by the Participant that contradict our policies.
No SPAM: SPAM (in any way, shape or form, including email and newsgroup spamming) will result in immediate account termination. ZERO commissions will be paid. THIS IS YOUR ONLY WARNING.
No Call Centres: Call centres (in any way, shape or form, including outbound and inbound calling) are strictly prohibited from representing BM Pharmacy Pty Ltd. No affiliate call centres are allowed or tolerated. All affiliate accounts associated with call centre activity will be immediately terminated. ZERO commissions will be paid.
THIS IS YOUR ONLY WARNING.
5. Pricing and availability
Product prices and availability may vary from time to time. In case of any price discrepancies, the price charged to the customer will always be the price listed on BM Pharmacy Pty Ltd.. web page(s) linked from your sponsoring website. We cannot guarantee the availability or price of any particular Product.
6. Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. BM Pharmacy Pty Ltd. will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
7. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated for any other reason, you are only eligible to earn a referral fee on sales occurring during the term of the Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for 15 days to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
9. Relationship of Parties
You and BM Pharmacy Pty Ltd. are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.
10. Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or BM Pharmacy Pty Ltd's performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
We make no express or implied warranties or representations with respect to the Product or other items sold through BM Pharmacy Pty Ltd. (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Representations and Warranties
You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
You hereby agree to indemnify, defend and hold harmless BM Pharmacy Pty Ltd., its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your site.