Affiliate Terms of Services

Last modified: October 21st, 2019

Agreement

EZlief.com is managed and owned by Lieu Le Wellness LLC. The term “we”, “us”, “our” refer to EZlief.com and its registered company, which is Lieu Le Wellness LLC. The term “you” or “your” refer to the Affiliate that signs up and is approved to participate with the EZlief’s Affiliate Program (“Program”), and agrees to all terms and conditions set forth in the Program.

By signing up to be an Affiliate in the Program, you are agreeing to be bound by the following Terms and Conditions (“Terms of Service”). The Terms of Services are subject to change by our company at any time within the discretion. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Please review these Terms of Services periodically.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own EZlief’s customer product accounts.

Website and Social Media Requirements

  • Must have been in operation for at least 6 months.
  • Must have more than 2,000 visits per month.
  • Should not be overloaded with ads or sponsors.
  • Should look professional with a strong user experience.
  • Must have an active following of at least 1,000 followers.
  • May not defame the brand or product.
  • Should post on a weekly/regular basis.
  • Should interact with your followers actively and in professional manners.
  • Should request and include a custom discount code in all posts.

EZlief’s Affiliate Program Rates

After you complete an application to participate in the Program, we will review your account within 24 hours; and if you’re approved, you’ll be assigned your commission rate based on your approval criteria (Affiliate’s experience, numbers of social media followers, etc.). The Affiliate’s commission rate is within 15% to 25% of each total sale that occurs when a sale is made from your registered and trackable unique Affiliate Link (“Link”). You’ll also be given a link to register your Affiliate Portal to view and track your performance and payments.

The Program’s cookie is set to valid for 60 days, offering 60 days of commission payments from each single time your unique Link is clicked by a consumer and we’ll compensate you for every purchase that a consumer makes during the cookied affiliate timeframe.

For a product sale to be eligible to earn a commission, customer must click on your unique Link from your site, email, or other communications to https://EZlief.com/ and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payment threshold and schedule

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold. Commission calculations are based on total sales revenue before discount and sales tax (if applicable).

When your affiliate’s earning crosses the $20 account threshold, you’ll automatically start receiving earnings from us. The payment term is monthly, so you’ll be paid every month before the 15th, when you make a sale during the cookied affiliate timeframe. For payments earned below $20 minimum threshold in a month period, that balance will be carried over with your total in the following month or until you’ve crossed the threshold.

Affiliate payments will be sent via business check or bank transfers (ACH or direct) to the address or account information that you’ve used to register your Affiliate account with us.

In case of refunded or cancelled orders from the sales that you make using your Affiliate Link. If we already issue your payment, we will readjust the payable commissions in the next payout period. If we haven’t issued your payment, it will be deducted from your payable commissions in the current payout period.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Link. You are permitted to place links, banners, or other graphics we provide on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

You will earn commissions only with respect to sales on EZlief’s products, occurring directly through your unique Link; we will not be liable to you with respect to any failure by you or someone you refer to use your Affiliate Link or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Identifying yourself as EZlief’s Affiliate

You may not issue any Press or News Release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, for example:

  • You may not claim that you develop or manufacture our products;
  • You may not claim that you are part of EZlief or our registered company (Lieu Le Wellness LLC);
  • You may not express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause);
  • You may not create or design any website that resembles our website, or design your website in a manner which leads customers to believe you’re EZlief or any other affiliated business.

You may not purchase products through your Affiliate Links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment;
  • Ensuring the display of Affiliate Link on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site);
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Affiliate Link);
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
  • Ensuring that materials posted on your site are not libelous or otherwise illegal;
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

We may cancel your application or terminate your account at any time if we determine that your websites and/or social media profiles are unsuitable for our Program, including but not limited to:

  • Promote or contain violence materials;
  • Promote or contain sexually materials;
  • Promote or contain illegal activities;
  • Promote discriminations based on race, sex, nationality, religion, disability, sexual orientation, or age;
  • Contains software download that potentially enable diversions of commissions from other affiliates in our Program;
  • Make misleading, false, or untrue claims or statements in your marketing campaigns.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern advertising rules, including without limitation, the Federal Trade Commission Act (FTC), the CAN-SPAM Act of 2003 and all other anti-spam laws. You can refer to the following guides from the FTC regarding the use of endorsements and testimonials in advertising.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold 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 EZlief will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Due to the characteristic of our products, we advise our Affiliate to always include disclaimers on their websites, to be in compliance with the Food and Drug Administration (FDA): “Statements made on this Website regarding products contained within this page have not been evaluated by the Food and Drug Administration (FDA). The effectiveness of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented on this Website is not meant as a substitute for or alternative to information from a professional or health care practitioner. Always consult your health care professional about possible interactions or other possible side effects before using any product.”

Other disclaimers can be viewed under the Disclaimers page at https://EZlief.com/disclaimer/.

Intellectual Property Rights, Copyright and Trademark Infringement

All contents included on EZlief.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, remain our properties or its content suppliers and protected by international copyright laws.  You may not remove or alter any copyright, trademark, trade name, service mark, or any other proprietary notice by any means.

We reserve the rights and will seek legal action against Affiliates who infringe our copyrights contents, registered trademarks, or replicate our brand’s or product’s design for any reason.

Terms of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your 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 written notice of termination.

Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://EZlief.com/, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. We reserve the right to end the Program at any time. Upon program termination, we will pay any outstanding earnings accrued over $20.

Termination

At our sole discretion, we have the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other EZlief’s service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we 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.

Limitations of Liability

We will not be held liable for any loss, injury, direct, indirect, incidental, or damages of any kinds, arising from your use of our Website and products. You expressly agree that your access and use of our Website and products remain to be your sole risk and on an “as is” basis, without any representations, warranties and/or conditions of any kinds, implied or express. Further, our aggregate liability arising with respect to this agreement and the Program will not exceed the total referral fees paid or payable to you under this Terms of Services.

We shall be held liable only for our own gross negligence, willful misconduct or bad faith. You agree to indemnify and hold EZlief.com, its registered company, its subsidiaries, other affiliates, executives, employees, suppliers, and contractors harmless against any and all liabilities, including judgments, costs, expenses and reasonable counsel fees, for anything done or omitted by our company in the execution of this Terms of Services, except as a result of our company’s gross negligence, willful misconduct or bad faith.

Complaints and Disputes Resolution

We are committed to a professional, lawful and fair partnership. In an unfortunate event that you have to pursue claims or other means of disputes against us; by agreeing to this Terms of Services, you agree to give us an opportunity to resolve any claims or disputes by first contacting us at Info@EZlief.com. If we are not able to resolve your claim or dispute within 60 business days, a dispute shall be resolved through a binding Arbitration Agreement – governing and interpreting by and under the laws of the State of California, consistent with the Federal Arbitration Act, as detailed below:

Scope –  The Affiliate and Lieu Le Wellness LLC hereby agree to give up the right to go to court to have a trial in front of a judge or a jury, and further expressly delegate to the arbitrator the authority to determine the arbitrability of any claim or dispute. A written Notice of Dispute should first be sent to the other party, describing the basis of the dispute and the requested relief. A Notice of Dispute can be sent to our office address at: 2700 N. Main Street, Suite 420, Santa Ana CA 92705 and Info@EZlief.com. The terms of the Arbitration Agreement provisions shall survive after the Affiliate’s relationship with Lieu Le Wellness LLC ends.

Arbitration – The Affiliate and Lieu Le Wellness LLC may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), which is available via www.adr.org, or by calling (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, either party shall seek other arbitration provider. Payment of all filling, administration, and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Small Court Claims – Instead of arbitration, the Affiliate and Lieu Le Wellness LLC may bring any individual claim in small claim courts consistent with the jurisdictional and dollar limits that may apply, as long as the claim is structured as an individual claim.  

Waiver of Right to Bring Class Actions and Representative Claims – Where permitted under the applicable laws, the Affiliate and Lieu Le Wellness LLC waive the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class action or as a representative, or to act as a private attorney general. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis only.

To the extent that you have in any manner violated or threatened to violate our intellectual property rights, we reserve the rights to seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.

Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate websites that are similar to or compete with your website.  You have independently evaluated the desirability of participant in the program and are not replying on any representation, guarantee, or statement other than as set forth in this Terms of Services.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. 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 be 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.

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Lieu Le Wellness LLC and govern your use of the Service, superceding any prior agreements between you and Lieu Le Wellness LLC (including, but not limited to, any prior versions of the Terms of Service).

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