Affiliate Terms and ConditionsHere are the terms and conditions for use of the Breathe & Eat © Affiliate Program. By signing up as an Affiliate, you agree to be subject to the Terms and Conditions outlined below. For details of our company In Fitness & In Health (including address, contact form and telephone) please visit this page. "Breathe & Eat ©", "BreatheAndEat.com", "We", "Our" and "Us" refer to In Fitness & In Health, which is The Company issuing the Agreement. "You", "Your affiliation" and "The Affiliate" refers to the end user accepting this Agreement.
Duration of affiliationYour affiliation duration begins when you have been accepted as an Affiliate. The duration of your affiliation will continue until either party has ended it. Commission fees are applicable during this period only. We reserve the right to remove the Affiliate and withhold commission fees of the Affiliate if any Affiliate is found to be in violation of this Agreement.
ReferralsAffiliate referrals are created automatically when a new member makes a payment. If two Affiliates have referred the same new member before the member has signed up, then the first Affiliate will win the referral.
OrdersIf at any point an order has been found to be fraudulent, or if an order has been refunded, cancelled or otherwise reversed, we reserve the right to withhold any commission fees that are due from the referred member.
Commission & paymentsAffiliates will be paid via PayPal the end of the following calendar month of the referral when there is a balance owed. Payment will be made to the Affiliate using their registered email address. We reserve the right to disqualify an Affiliate from the program and to withhold any commissions due to the Affiliate at our own discretion.
Relationship of partiesNothing in this Affiliate Agreement will create any partnership, joint venture, franchise or employment relationship of any kind between the parties. You will have no authority to make or accept offers or representations on Our behalf. As an Affiliate, you will not make any statements that violate this section of the Agreement, whether in print, spoken word or on your website.
Disallowed contentWe will not allow or tolerate an Affiliate that uses disallowed content on their website. Disallowed content includes; sexually explicit material, violence, illegal activity, discrimination and violation of copyright. We expressly do not allow any Affiliate that uses SPAM emails, SPYWARE, ADWARE or similar techniques to gain Internet traffic. We reserve the right to monitor our Affiliates from time to time so that we can ensure the terms of this Agreement are kept.
Username & passwordAs an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorized manner.
Linking to BreatheAndEat.comYou may link to our website using the Affiliate link accessible in your Affiliate account. You may save a graphic that we may supply you for linking purposes, but on doing so you agree that you shall not modify the graphic and you will only use it with the link generated from our website. You agree not to link to our website or any portion of it in a frame or by using framed techniques without express written consent. You may access the website on the condition that you will NOT download, copy or modify any portion of it.
Governing law & jurisdictionThis Agreement is to be treated as made in New York according to New York Law and subject to the exclusive jurisdiction of New York Courts.