KIBOW BIOTECH AFFILIATE REFERRAL AGREEMENT This agreement describes the terms and conditions for participation in the Kibow Biotech Affiliate Referral Program. The terms "Affiliate," "you," and "your" are referring to the applicant. "We" and "our" refer to the Kibow Biotech Affiliate Referral Program. Each are independent parties and this agreement will not form any partnership.
AGREEMENT DURATION This agreement will begin upon Kibow Biotech’s acceptance of the affiliate application and will end when terminated by either party. Termination may occur at any time, with or without cause, by giving the other party written notice of termination.
MODIFICATION Kibow Biotech, Inc. may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral commissions, commission schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the notification of a Change Notice or new agreement, it will be considered as your acceptance of the change.
COMMISSION FEES The affiliate will receive 15% of the sale price as a commission from orders placed through the Kibow Biotech website by customers entering your unique referral code number. For a sale to generate a commission to an Affiliate, the customer must complete the online order form and remit full payment for the product ordered. If they phone or fax an order, they must supply your referral number at the time of order. You will not be paid a commission on freight charges. Commissions can only be earned between the acceptance of the Affiliate application and notice of termination. Commissions will be paid quarterly by Kibow Biotech, Inc. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following commission payment. If no payment is due a billing invoice for the amount will be issued.
MARKETING MATERIALS Kibow Biotech, Inc. will provide the approved Affiliates with literature, brochures, DVDs; business cards printed with the referral number and assorted marketing materials for distribution. The Affiliate will be provided a unique referral number that must be referenced at the time of order.
ORDER PROCESSING Kibow Biotech, Inc. will be solely responsible for processing every order placed by a customer. Customers who purchase products and services through the Kibow Affiliate Referral Program will be deemed to be customers of Kibow Biotech, Inc. Prices and availability of our products and services may vary from time to time. Kibow Biotech, Inc. policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies. Freight charges will be added to the invoice and are not subject to Affiliate commission.
DISCLAIMER We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn commissions from the Kibow Affiliate Referral Program. 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 down time. Additionally, Kibow Biotech’s products are not intended to diagnose, treat, cure, or prevent any disease. Kibow Biotech rejects any claims to the contrary made by the Affiliate to his or her clients. Discovery of such claims are grounds for immediate termination of this agreement and may result in possible legal action. This Agreement will be governed by the laws of the United States and the Commonwealth of Pennsylvania, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Newtown Square, Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.