Terms and Conditions of Participation

TOWER LABORATORIES AFFILIATE AGREEMENT

Referral Fee Schedule is 20%.  Tracking is continued for 120 days.  If the Tower customer referred by a Tower Affiliate reorders at any time, even if he or she comes to the Tower Website directly and bypasses the Affiliate's Website, the Affiliate will continue to receive commissions on the reorders.  Once an Affiliate has registered for participation in the Tower Laboratories Affiliate Program, Tower will send the Affiliate an e-mail with instructions on how to place Affiliate links on the Affiliate's Website. 

Participation

To participate in the Tower Laboratories Corporation Affiliate Program, the Affiliate registration form must be completed.  Once approved, all applicants are immediately eligible to participate in the Tower Laboratories Affiliate Program.  However, such participation is subject to ongoing, periodic review by Tower Laboratories Corporation and may be revoked at any time without notice.  Participation may be suspended or terminated if Tower determines at its sole discretion that an Affiliate's Website is unsuitable for the Program.  Unsuitable sites include but are not limited to those that:

•Promote illegal activities
•Promote violence
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation,
  or age
•Violate intellectual property rights
•Are otherwise deemed inconsistent with the best interests of Tower Laboratories. 

Creating the Affiliate Link(s)

Once an Affiliate has completed the online registration application Tower will provide the Affiliate with an Affiliate Number and several examples of links that will include the Affiliate's Number to be used in all links between the Affiliate's Website(s) and Tower's www.paulingtherapystore.com Website.  The Tower Laboratories Corporation Affiliate Program will capture the Affiliate's ID and the linking Website's URL.  Affiliates will only earn referral fees on sales at Tower's site that occur directly through the Affiliate's Tower Laboratories Affiliate link. Tower Laboratories will not be liable to any of its Affiliates with respect to failure by the Afffiliate to correctly configure the Tower Laboratories Affiliate link(s), by any failure resulting from issues of Internet connectivity, Website or application failure on the Affiliate's server or the Pauling Therapy Store server, or any other such action which may result in the referring Affiliate not being credited for a sale.

Bona Fide Orders

Tower Laboratories will process all qualified orders placed by customers who follow Tower Laboratories Affiliate links from the Affiliate's site to Tower's Pauling Therapy Store.  Tower reserves the right to reject orders that do not comply with the requirements that Tower Laboratories may from time to time establish. Tower Laboratories assumes the responsibility for all aspects of order processing and fulfillment and will prepare and maintain all order forms, process payments and cancellations, and handle customer service.  Tower Laboratories will track sales made to customers who purchase products using Tower Laboratories Affiliate links from an Affiliate's Website to Tower's Pauling Therapy Store Website and will make available to each Affiliate a monthly commission statement summarizing this sales activity.

Payment of Referral Commissions

Tower Laboratories will review all Affiliate accounts approximately once per month and issue Affiliate commissions by check based on that review.  If a product that generated an Affiliate referral fee is returned by the customer, Tower will deduct the corresponding referral fee from the referring Affiliate's next scheduled commission payment.  If there is no subsequent payment, Tower will send the Affiliate a bill for the referral fee.

Policies and Pricing

Customers who purchase products through Tower's Affiliate Program will be deemed customers of Tower Laboratories Corporation, Incorporated.  Accordingly, all Tower Laboratories rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.  Tower may change its policies and operating procedures at any time.  For example, Tower will determine the prices to be charged for products sold under this Affiliate Program in accordance with its own pricing policies.  Product prices and availability may vary from time to time.  Because changes in price may affect products that an Affiliate already has listed on his Website, Tower recommends that its Affiliates do not include price information in their product descriptions.

Identification as a Tower Laboratories Affiliate Partner

Tower Laboratories will make available to each Affiliate a small graphic image that identifies the Affiliate's site as a Tower Affiliate Program participant.  The Affiliate may display this logo or the phrase "Tower Laboratories Affiliate" somewhere on his Website.  Tower retains the right to modify the text or graphic image at its discretion and agrees to provide each Affiliate with the new text or graphic.  Tower Affiliates may not misrepresent or embellish in any manner the relationship between Tower and said Affiliate, or express or imply any relationship or affiliation between Tower, said Affiliate, or any other person or entity except as expressly permitted by this Agreement.

Limited License

Tower grants to each Affiliate a nonexclusive, revocable right to use the graphic image and text and such other images for which Tower grants express permission solely for the purpose of identifying an Affiliate's Website as a Tower Laboratories Affiliate Program participant and to assist in generating product sales. Tower Affiliates may not modify the graphic image or text or any of Tower's other images in any way.  Tower reserves all rights to the graphic image and text, any other images, its trade names and trademarks, and all other intellectual property rights.

Responsibility for Affiliate's Site

Tower Affiliates are solely responsible for the development, operation, and maintenance of their Websites and for all materials that appear on their sites.  For example, the Affiliate will be solely responsible for:

•The technical operation of its site and all related equipment
•Creating and posting product descriptions on its site and linking those descriptions to
  Tower's Website
•The accuracy and appropriateness of materials posted on the Affiliate's site (including,
  among other things, all product-related materials)
•Ensuring that materials posted on its 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 its site are not libelous or otherwise illegal

Liability

Tower Laboratories Corporation disclaims all liability for these matters.  Further, each Tower Affiliate will indemnify and hold harmless Tower Laboratories Corporation from all claims, damages, and expenses including but not limited to attorney fees related to the development, operation, maintenance, and contents of the Affiliate's Website.

Term of the Agreement

The term of this Agreement will begin upon Tower's acceptance of an Affiliate application and will end when terminated by either party.  Either the Affiliate or Tower may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.  Upon termination of this Agreement for any reason, the Affiliate will immediately cease to use and remove from its Website(s) all links to Tower's Website(s), and all Tower Laboratories Corporation trademarks, trade dress and logos, and all other materials provided by or on behalf of Tower to the said Affiliate pursuant hereto or in connection with Tower's Affilliate Program.  Tower Affiliates are only eligible to earn referral fees on Tower's sales of products that occur during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned.  Tower may withhold an Affiliate's final payment for 60 days to ensure that the correct amount is paid. 

Participants in the Tower Affiliate Program are also goverend by the provisions contained in the Tower Laboratorires Distributor Agreement, Compensation Plan, and Policies and Procedures.

Modification

Tower may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a Change Notice or a new Agreement on its Website.  Modifications may include but not be limited to referral fee percentage changes and frequency of commission payments, commission payment procedure changes, and Affilliate Program rule changes.  IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, HIS ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED PARTICIPATION IN TOWER'S AFFILIATE PROGRAM FOLLOWING TOWER'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON ITS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties

Tower and its Affiliate Program participants are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.  Tower Affiliates have no authority to make or accept any offers or representations on Tower's behalf.  Tower Affiliates will make no statements, whether on their Websites or otherwise, that would reasonably contradict anything in this Agreement.

Limitation of Liability

Tower Laboratories Corporation 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 Tower has been advised of the possibility of such damages.  Further, Tower's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to an Affiliate under this Agreement.

Disclaimers

Tower Laboratories Corporation makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate 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).

Independent Investigation

BY REGISTERING FOR PARTICIPATION IN TOWER'S AFFILIATE PROGRAM THE AFFILIATE ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT AND AGREES TO ALL OF ITS TERMS AND CONDITIONS. THE REGISTERING AFFILIATE UNDERSTANDS THAT TOWER LABORATORIES CORPORATION MAY AT ANY TIME, EITHER 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 AN AFFILIATE'S WEBSITE.  THE ENROLLING AFFILIATE AGREES BY COMPLETING THE AFFILIATE PROGRAM REGISTRATION PROCESS THAT HE OR SHE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of Nevada.  Any action relating to this Agreement must be brought in the federal or state courts located in Las Vegas, Nevada and the enrolling Affiliate irrevocably consents to the jurisdiction of such courts.  The Affiliate may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Tower Laboratories Corporation.  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.  Tower's failure to enforce an Affiliate's strict compliance of any provision of this Agreement will not constitute a waiver of Tower's right to subsequently enforce such provision or any other provision of this Agreement.

TOP
This Agreement contains the complete terms and conditions that apply to an individual or company's participation in Tower Laboratories Corporation's Affiliate Program.  By clicking AGREE below you hereby indicate acceptance and compliance with Tower's Affiliate Agreement and enroll in Tower's Affiliate Program.
Tower Laboratories Corporation - Home of the Original Pauling Therapy Formula for Occlusive Cardiovascular Disease
Disclaimer:  The Food and Drug Administration (FDA) has not evaluated any statements on this Website.  Tower Laboratories Corporation does not make health claims for its products.  Tower Laboratories products are not intended to diagnose, treat or cure any disease.  Tower is not responsible for independent third parties who may otherwise represent the efficacy of its products.  These individuals are not Tower's agents and do not have permission to do so.  Unsatisfactory products sold in the USA may be returned for a full refund within 60 days of the original ship date.
Made in the U.S.A.   •   Copyright © 2008   •   All Rights Reserved.
Tower Laboratories Corporation   •   3432 N. Bruce Street, Suite 3   •   North Las Vegas, NV  89030-8023   •   (702) 876-5805