Program Application

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By participating in the Physicians Choice Affiliate (“Program”),
you agree with the terms and policies set forth in the agreement (“Agreement”)
below. Please read the entire Agreement. It is a legal agreement between you
and Physician’s Choice. By submitting the online application, you are agreeing
that you have read and understand the terms and policies of this
Agreement, and that, if Physician’s Choice accepts your application,
you agree to be legally responsible for each and every term and policy.

Your participation in the Program is solely for the purpose of
legally advertising Physician’s Choice to receive a commission on
products purchased by your referrals.

This Agreement begins when Physician’s Choice accepts
you into the Program and will end when your participation is terminated.

Physician’s Choice may change the Program or this Agreement
at any time without notice. If any change to the Program or the Agreement is
unacceptable to you, your only choice is to terminate your participation. Your
continuing participation in the Program will constitute your acceptance of any

You or Physician’s Choice may suspend or terminate
your participation in the Program at any time for any reason. You are only
eligible to earn commissions while you are participating in the Program in
accordance with the terms of this Agreement.


Physician’s Choice will attribute referrals to you based on
a tracking code embedded in your affiliate links.

Physician’s Choice uses the Refersion affiliate tracking
system owned by Refersion, Inc. When a referral clicks through your affiliate
link, Refersion sets a cookie in the browser that contains your tracking code.
Refersion also tracks other information, such as the IP address of the
referral, in its database along with your tracking code. When the referral
decides to buy a product at Physician’s Choice, a script will look for the
cookie, or try to match the IP address, or use similar technology to identify
you and award the commission. Referrals from your affiliate link may make a
purchase later in time and Physician’s Choice will still award the
commission if the cookie is still present in the browser or the IP address
still matches one logged in the database.

Physician’s Choice reserves the right to refuse service to
any referral.


Physician’s Choice will pay you a commission on products
purchased by your referrals according to the designated payment schedule.

Physician’s Choice uses the Refersion affiliate tracking
system owned by Refersion, Inc. to tabulate and track sales and commission
payments due to our affiliates after the tracking process and purchases are
completed. Through the Refersion website, you will have access to information
we use to determine commissions we owe you.

Physician’s Choice reserves the right to increase or
decrease commission rates from time to time as it sees fit.

There is no maximum commission limit.

If a referral returns a product or if the referral requests a
chargeback on the purchase, you will not receive a commission. Physician’s
Choice returns all money to the referral, so you must also return your
portion of the sale. Because of the 30-day return period for all Physician’s
Choice products, and because of periodic processing, Physician’s
Choice may hold your commission payout for a period of up to 3 months.


Physician’s Choice reserves the right to reverse orders due to
order cancellations, duplicate tracking, returns, disputed charges, and program
violations as outlined in these terms and policies.

Additionally, if we ask you for clarification or more
information on any orders or clicks that we suspect may be in violation of our
terms and policies, we expect that you will respond in a timely and honest
manner. Below are violations of our communications policy.

1) You are not forthcoming, you are intentionally vague, or you
are found to be lying.

2) You are not responsive within a reasonable time period and
after multiple attempts to make contact using the information listed in your
network profile.

3) You cannot substantiate or validate the source of your
traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to
suspend you from the Program, reverse orders, modify payouts, set your
commission to 0%, or immediately terminate your participation in the Program.
We know that many violations are a result of automated processes; however, it
is incumbent upon each affiliate to ensure that it has the appropriate checks
and balances in place to address such issues proactively and to adhere to the
terms and policies of this Agreement.


The tools, products, and creative assets (collectively “Assets”)
that Physician’s Choice provides to you include valuable information
vital to the success of the Program, including a tracking code that Physician’s
Choice uses to attribute referrals to you.

Physician’s Choice grants to you a nonexclusive,
nontransferable license (“License”) to use Assets as specified under the terms
and policies of this Agreement. The term of the License shall expire upon your
departure from the Program or termination of this Agreement.

You will use the Assets as Physician’s Choice instructs:

1) You agree that you will not corrupt, modify, or disable the
tracking functionality in the Assets.

2) You will not alter, add to, subtract from, or otherwise
modify the Assets as Physician’s Choice provides them unless you
obtain prior written consent from Physician’s Choice.

3) You may only use the Assets for the purpose of
promoting Physician’s Choice and its products.

4) Physician’s Choice retains all rights, ownership,
and interest in the Assets, and in any copyright, trademark, or other
intellectual property in the Assets. Nothing in this Agreement shall be
construed to grant you any rights, ownership, or interest in the Assets, or in
the underlying intellectual property, other than the License to use Assets as
granted in this Agreement.

5) You will not make any claim to ownership of the Assets, or of
the copyright, trademark, or other intellectual property therein.

6) You will not publish or otherwise distribute any other
advertising materials that reference Physician’s Choice unless Physician’s
Choice gives prior written consent to the distribution of such materials.


Under no circumstances shall you send commercial electronic mail
messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with
respect to the Physician’s Choice affiliate program.

Physician’s Choice reserves the right to
collect, withhold, or cancel any and all compensation related to
commercial electronic mail messages you send.

You may send transactional or relationship messages as defined
in the Act.

Social Media

Physician’s Choice permits you to promote offers on Facebook,
Twitter, blogs, discussion forums, and other social media following these
general guidelines:

1) You ARE ALLOWED to post your affiliate links on your own
social media.

2) You ARE PROHIBITED from posting your affiliate links on the
social media of Physician’s Choice.


You shall not purchase keywords, domain names, advertising,
search terms, adwords, or any other identifiers that include the word “Physician’s
Choice,” the names of Physician’s Choice products or services, or any
variations or misspellings thereof.

Specifically, this policy prohibits you from:

1) Bidding on “Physician’s Choice” and any keyword string that
includes this term, such as “Physician’s Choice nootropics” or “Physician’s
Choice supplements” or “Physician’s Choice coupons” or “Physician’s
Choice promotions”; and

3) Purchasing domain names based on “Physician’s Choice” or
variations, such as “Physician’s” or “” or “www.Physician’s”;

4) Purchasing domain names based on “Clarity” or variations,
such as “” or “” or “www.Physicianschoice”
.  etc


This Agreement shall not be construed to create any employment
relationship, agency relationship, or partnership between you and Physician’s
Choice. You will provide services for Physician’s Choice as an independent
contractor. You will have no authority to bind Physician’s Choice into any
agreement, nor will you be considered an agent of Physician’s Choice in
any respect.

Physician’s Choice will not be responsible for any taxes
that you owe arising out of your relationship with Physician’s Choice as
set forth in this Agreement. Physician’s Choice will not withhold any
taxes from the commissions paid to you.

You shall include a disclosure statement within any and all
pages or posts where you use affiliate links in an endorsement or review, and
where it is not clear that the link is a paid advertisement. This disclosure
statement should be clear and concise, stating that Physician’s Choice is
compensating you for your review or endorsement.

Prohibited Claims

You shall not make claims that Physician’s Choice products
or services are intended to diagnose, treat, cure, or prevent any disease.


Physician’s Choice makes no express or implied warranties
or representations with respect to the Program.

Physician’s Choice makes no representation that the
operation of the Program will be uninterrupted or error-free, and Physician’s
Choice will not be liable for the consequences of any interruptions or

You represent and warrant the following:

1) You have the legal authority to enter into this Agreement and
to be bound to the terms and policies set forth in this Agreement.

2) Your website does not contain any materials that are:

(a) Unlawful or solicitous of behavior that is unlawful in the
United States;

(b) Unlawful or solicitous of behavior that is unlawful in the
geographic area from which you operate.

3) You have obtained any necessary clearances, licenses, or
other permission for any intellectual property used on your website. Nothing on
your website infringes upon the intellectual property rights of any person or
entity. No person or entity has brought or threatened an action claiming such
infringement, nor do you have any reason to believe that any person or entity
will bring or threaten such a claim in the future.

4) You do not compete with Physician’s Choice. You are not
an employee, agent, or partner with any person or company that competes
with Physician’s Choice. You may be an affiliate with or an independent
contractor to persons or companies that compete with Physician’s Choice.


You will indemnify and hold harmless Physician’s Choice from any
claim, damage, lawsuit, action, complaint, or other costs arising out of any
breach of your warranties set forth above. You will also indemnify and hold
harmless Physician’s Choice for any damage, loss, or other cost
arising out of your use or misuse of the Assets.


Any information that you are exposed to by virtue of your
relationship with Physician’s Choice under these terms and policies,
which information is not available to the general public, shall be considered
to be confidential company information. You may not disclose any confidential
company information to any person or entity, except where compelled by law,
unless you obtain prior written consent for such disclosure from Physician’s


Physician’s Choice will not be liable for any loss of
profits or costs, or for any direct, indirect, special, incidental, or
consequential damages, including costs associated with the procurement of
substitute goods or services (whether Physician’s Choice was or
should have been aware or advised of the possibility of such damage), arising
out of or associated with any loss, suspension, or interruption of service,
termination of this Agreement, use or misuse of the Assets, or other
performance of services under this Agreement