As an authorized affiliate (Affiliate) of 3W Wellness Inc (The Third Wave), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting The Third Wave as an Affiliate.
Your participation in the Program is solely to legally advertise our products and services to receive a commission on purchases by individuals referred to The Third Wave by your own website, social media or personal referrals.
By signing up for the The Third Wave Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred customer’s purchase must have ocurred more than 17 days prior.
You cannot refer yourself, and you will not receive a commission on your own transactions.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
To reward Affiliate for multiple successful referrals, a Tiered Rate is used. Affiliate will receive an increasing comission % based on total monthly earnings. This works as follows:
- $0 – $1000 in affiliate earnings = 20% commission rate
- $1001 – $5000 in affiliate earnings = 25% commission rate
- $5001 – $10000 in affiliate earnings = 30% commission rate
Your affiliate 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.).
- Failure to disclose the affiliate 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. The Third Wave reserves the right to require license agreements from those who employ trademarks of The Third Wave in order to protect our intellectual property rights.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, The Third Wave reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within your email messages. You may also advertise The Third Wave site 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 Condition 3.
5. Coupon and Deal Sites
The Third Wave occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to our site.
- Referrals must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or Click to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
The Third Wave will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate 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 and/or the memberships or products sold by The Third Wave. 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.
7. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate 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 are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change. Changes to this agreement will be communicated to you by e-mail.
Affiliate shall indemnify and hold harmless The Third Wave and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by The Third Wave 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 Affiliate.
9. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Michigan. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Grandville, Michigan.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
10. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the The Third Wave affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Third Wave application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
11. Referral Tracking
The Third Wave will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to The Third Wave. The Third Wave will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. The Third Wave is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.