Golden Isles Medical, Inc. dba Dr. Anna Cabeca (“Dr. Anna Cabeca” or “we”) is a wellness company that has developed several products and services to improve the lives of women (“Products and/or Services”). Dr. Anna Cabeca is offering you (“Affiliate” or “you”) the opportunity to earn commissions off of sales of the Products and/or Services to a customer (“Customer”) by placing a link to purchase the Products and/or Services from Dr. Anna Cabeca on your social media accounts, in emails and on your website (“Affiliate Services”). Affiliate desires to provide the Affiliate Services pursuant to the terms and conditions of this Agreement.
By applying to become an affiliate, you agree to be bound by this Agreement. You must read and accept this Agreement. If you do not agree to be bound by this Agreement, you may not become an affiliate. To enroll as an affiliate you must submit an application and be approved. Dr. Anna Cabeca has the sole and absolute discretion to accept or reject your application.
You represent and warrant to Dr. Anna Cabeca that all information in the application or provided by you is true, accurate, complete, and not misleading. Upon acceptance of your application, Dr. Anna Cabeca will provide to Affiliate an unique URL (“Affiliate URL”) allowing Dr. Anna Cabeca to track your sales of the Products and/or Service and pay you commissions on your sales.
Affiliate will receive the commissions posted on Dr. Anna Cabeca’s website for the Products and/or Services purchased through the Affiliate URL. Commissions will not include chargebacks, refunds and returns. Commissions are given for any purchases made by a Customer within ninety (90) days of the original click of the Affiliate URL. Commissions are received from a Customer for the six (6) months after the Customer’s initial purchase through the Affiliate URL or after a Customer becomes a lead by providing his or her email address and/or name and email address to Dr. Anna Cabeca. Affiliate is responsible for ensuring the Affiliate URL is accurate and properly coded.
Payment is made through the PayPal® account or Stripe® account provided to Dr. Anna Cabeca when you join. Affiliate is responsible for notifying Dr. Anna Cabeca of any changes to the account information. Changes to email addresses associated with the account are especially important. Dr. Anna Cabeca is not responsible for any issues with payment if Affiliate has not notified Dr. Anna Cabeca of changes to the account in a timely manner.
3. Prohibited Acts
Affiliates may not 1) collect payments from customers; 2) fulfill orders placed by customers; 3) sell any Products or Services outside of the Affiliate URL or code; 4) give away any of the Products or Services; 5) make any statements about the Products and/or Services apart from ones made by Dr. Anna Cabeca; 6) purchase key words that include Dr. Anna Cabeca’s trademarks or any other terms associated or affiliated with the Products and/or Services on any search engine or advertising space; and/or 7) promote any coupon codes for the Products and/or Services apart from the Affiliate URL.
To the extent that you acquire consumer email addresses or other personally identifiable information from customers who purchase the Products and/or Services or who otherwise contact you as a result of your use of the Affiliate URL, you agree that in an attempt to make sales through the Affiliate URL: (a) you will not use such information in any activity that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;” (b) you will only use such information in compliance with all applicable laws and regulations, including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Telemarketing Sales Rule, 16 C.F.R. pt 310 (2004), and all other laws and regulations governing email marketing and telemarketing; and (c) you will protect the privacy of the consumers who disclose personal information using reasonable measures.
You understand and agree that Dr. Anna Cabeca may review and ask you to delete any content on your website or social media used in connection with the Affiliate URL and/or Advertising Material that, in the sole judgment of Dr. Anna Cabeca, violates this Agreement, or which might be offensive or illegal, or that might threaten the safety of, violate the rights of, or otherwise harm others who will purchase or have purchased the Products and/or Services. You are solely responsible for the content that you create.
4. Order Fulfillment
Dr. Anna Cabeca will fulfill the orders placed by Customer via the Affiliate URL or codes. All Customers who purchase Products and/or Services through the Affiliate URL are customers of Dr. Anna Cabeca.
5. Intellectual Property Rights
Dr. Anna Cabeca solely and exclusively owns all title and interest in and to all copyright, patent, trade secret, trademark, moral, termination, authorship and authorship, right of publicity, and other proprietary rights (collectively “Intellectual Property Rights”) in the Products and/or Services. The Products and/or Services are protected by applicable intellectual property and other laws. You will not acquire any right, title, or interest therein under this Agreement or otherwise.
6. Advertising Material License
During the term of the Agreement, Dr. Anna Cabeca grants you a limited, nonexclusive, revocable license to access and use the advertising materials such as banners and designs located at www.drannacabeca.com to promote the Products and/or Services (“Affiliate Advertising Material”) for the purposes of selling through the Affiliate URL and pursuant to the terms and conditions in this Agreement (“License”). The License does not include the right to use any other advertising material such as logos and other trademarks and graphics owned by Dr. Anna Cabeca. Affiliate may not use any of Dr. Anna Cabeca’s trademarks in a URL. If you use any advertising apart from the Affiliate Advertising Material, Dr. Anna Cabeca may revoke the License granted to you.
The Affiliate Services shall at all times be in accordance with first class quality standards in the wellness industry. Failure to maintain these standards of quality may result in the immediate termination of the License by Dr. Anna Cabeca.
Either Dr. Anna Cabeca or Affiliate may terminate the Agreement at any time with or without cause. Upon the effective date of termination of the Agreement: (a) Affiliate will stop use of the Affiliate URL and remove it from all websites and social media; (b) all licenses granted hereunder shall terminate immediately; and (c) all Affiliate Advertising Material shall be removed from Affiliate’s websites and social media.
Dr. Anna Cabeca may, but shall have no obligation to, terminate this Agreement if it is determined in our sole discretion any content found on Affiliate’s website or social media is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s Intellectual Property Rights or this Agreement. Such illegal or unauthorized content includes content that:
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this section.
Dr. Anna Cabeca cannot guarantee and does not promise any specific results for Affiliate regarding the sale of the Products and/or Services. No advice or information, whether oral or written, obtained from Dr. Anna Cabeca or through or from the Affiliate Services shall create any warranty not expressly stated herein.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DR. ANNA CABECA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND/OR SERVICES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY DR. ANNA CABECA. IN NO EVENT SHALL DR. ANNA CABECA BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF AFFILIATE. THE TOTAL LIABILITY OF DR. ANNA CABECA ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE SUM OF THE COMMISSIONS ACTUALLY PAID TO AFFILIATE UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
9. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Dr. Anna Cabeca from and against any third party claim arising from or in any way related to your provision of the Affiliate Services, including any loss, cost, expense, damage, liability, or alleged liability (including costs of court and reasonable attorneys’ fees) related to or arising from or in connection with (a) the breach of any provision of this Agreement by you, (b) the violation or alleged violation of any law with respect to your provision of the Affiliate Services, (c) any actual or alleged infringement of any Intellectual Property Right or other right of any third party arising from or relating to your provision of the Affiliate Services, or (d) any allegation that any content posted by you in connection with the Affiliate Services is libelous or infringes the contractual or any other right of any other party.
Dr. Anna Cabeca shall not be liable for any failure or delay in its performance under the Agreement due to any cause beyond its reasonable control, including act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, acts of third parties, failures of third party software or equipment, power or electrical failures and internet and connectivity failures.
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Glynn County, Georgia.
If for any reason a court of competent jurisdiction finds any provision or portion of these Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
You may not broker, resell, assign or transfer any of your rights or obligations under this Agreement.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Dr. Anna Cabeca and Affiliate.
This Agreement constitutes the entire agreement between you and Dr. Anna Cabeca with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Agreement by a party will be effective only if in writing and signed by a party.