1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are under 18 years of age or determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
Your AFFILIATE application and status in the program may be suspended or terminated for any of the following further reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks)
- Spamming (mass email, mass newsgroup posting, etc...)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights
2. Commissions.
We will pay you a commission per patient who undergone hair restoration
with us which came from your Affiliate Link. The Commission Rate is
subject to change but a 10% commission is always guaranteed upon email
notice to you and commencing the 30-day following such notice. MHR
Center and the Matrixmedia Team incorporated the latest affiliate marketing
tools which are industry standards in Internet Marketing such as Google
Analytics and some proprietary affiliate marketing programs to track
your affiliate links to best reliability possible. All
commissions processed by Matrixmedia Philippines and signed by Dr.
Frank to be paid to the affiliates within the month are final. However, we give you a maximum of 10 days to inform us for any corrections with your affiliate income of the said period. Beyond these days, we won't entertain any corrections. Any corrections whether an increase or decrease of your affiliate income will be reflected on the next payment period.
3. Commission Payment.
Commissions due and owing to you under the Program will be paid to you directly by
Manzanares Hair Restoration Center through Matrixmedia Philippines in a
monthly basis. Our system has cut-off period which commences every 20th
day of the month to facilitate payment processes to be done by MHR
Center through Matrixmedia Philippines. Hence, any referrals after the
20th will be paid to you the next month. Payments to you will be done
within the first week of each month through Western Union Money Transfer or directly to your bank which you registered with us. Note, however, that directly depositing your affiliate earnings in your bank may constitute some delay as banks required transfer period. Note also that if the payment method used is through Western Union, the transaction charge paid to Western Union will be deducted in your final sales for the period concerned.
4. Marketing Must Conform To "Netiquette"
You may not send unsolicited email (SPAM). This action will lead to immediate termination of your account with us. There will be no leniency in cases of inappropriate marketing and affiliates in violation of this policy will forfeit their unpaid commissions excluding the act of spamming. Affiliates who caused actual damages to us through the use of prohibited forms of advertising are liable for liquidated damages in the amount of Php 500,000.00 for each day we suffer actual damages.
We do NOT authorize the harvesting or collection of screen names from any ISP service for the purpose of sending unsolicited email, and will terminate without pay any affiliate determined to have transmitted bulk emails advertising any websites marketed through this Program to lists gathered by such methods.
Should we determine, in our sole discretion, that you have violated this Agreement, be assured that you will be terminated immediately, will be ineligible to sign up for another account, will not be paid for any traffic or subscriptions generated prior to the date of termination; and your registration information may be turned over to complaining parties.
5. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. Having a website to become our affiliate is not a requirement but highly recommended. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited bulk email, IRC or IM advertising, forged header mailings or any other form of mailing, in violation of federal or state law;
- Provide inaccurate or incomplete information to us concerning your identity, bank account, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions or content of our sites or your sites;
- Promote passwords, MP3, or Warez;
- Your site had proven to disparage our products and services and Manzanares Hair Restoration Center itself, and negatively portrayed us.
- Altering by electronic, mechanical or automated means or other technologies, that may now exist or come into existence, the Program affiliate code or Program site URLs belonging to or identified with accounts other than your own.
- Own or operate a website in connection with a person who is under 18 years of age.
IN SHORT, WE DEMAND THAT YOU ACT WITH THE HIGHEST ETHICAL STANDARDS UNDER THIS AGREEMENT.
6. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program 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 email, to your email address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related operations are not canceled. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
7. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new Agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new Agreement on our site, will constitute binding acceptance of the change.
8. Relationship of Parties.
Nothing in this Agreement will create any partnership, joint venture, agency franchise, or employment relationship between the parties.
9. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or other matters through the Program (including, without limitation, warranties of fitness, 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.
10. 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.
11. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential. These information (such as your sales commission, payment reports, etc.) should be kept confidential in your part and no other third party involved.
12. Indemnification.
You hereby agree to indemnify, defend and hold harmless Manzanares Hair Restoration Center and Matrixmedia Philippines, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (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 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 promise, covenant, representation or warranty made by you herein; or (iii) any claim related to your site.
13. Other Grounds for Termination
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
Altering by electronic, mechanical or automated means or other technologies, that may now exist or come into existence, the Program affiliate code or Program site URLs belonging to or identified with accounts other than your own, or causing the modification or substitution of Program affiliate code or Program site URLs belonging to or identified with accounts other than your own that may reside within or originate from a third party system in the form of bookmarks, cached pages, cookies or other stored forms that may be passed to the Program and/or Company system by user operation of said third party system.
Making any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
14. Liability
We will not be liable for indirect or accidental damages (loss of
revenue, commissions) due to AFFILIATE tracking failures, loss of database files,
and any results of "intents of harm" to the program or our website. We do not make
any expressed or implied warranties with respect to the AFFILIATE program and/or
products sold at this site. We make no claim that the operation of the AFFILIATE program
and our website will be error-free and we will not be liable for any interruptions or errors.
Affiliate further agrees and warrants that it will comply with all local, state and
federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004)
regarding the sending of e-mails.
AFFILIATE shall indemnify and hold the Company harmless from any and all legal
actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under
no circumstances will the Company be liable whether in tort, contract or otherwise
for indirect, incidental, consequential, special or exemplary damages (including but not limited
to damages for any loss of revenue, profits, business interruption, loss of business information
or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss)
arising from or relating to any provision of this Agreement or the program. Without limiting the
foregoing, the Company aggregate liability arising with respect to this Agreement will
not exceed the total fees paid or payable to AFFILIATE under this agreement.
The Company
will own all right, title and interest in and to all information that is created or collected in
the operation of the the Company's website and reserves the right to amend or terminate
this Agreement at any time, with or without notice to AFFILIATE.
The laws of the Republic of the Philippines shall govern this Agreement. Should there be any legal dispute
between the parties, then both parties agree to take the matter before arbitration/mediation in
Pasig City, Philippines should the Company request arbitration/mediation in lieu of formal
legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in
Pasig City, Philippines.
15. Limitation of Liability.
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability, if any, arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement or Five Thousand Pesos (Php 5,000.00), whichever is higher.
By filling out the signup form you acknowledge that you have read, understand and agree the terms and
conditions above for the Hair Now!™ Affiliate Program of Manzanares Hair Restoration Center.
Agreement Version 1.0 (version date: January 1, 2008)