Thank you for having chosen the BH BioScience affiliate program, which is owned and operated by 9357-3707 Quebec Inc. By submitting your online application, you confirm that you have read and hereby agree to all of the Terms and Conditions contained herein. This agreement will begin upon our acceptance of your affiliate application and will continue unless terminated hereunder. Please note that "we," "us," and "our" refer to BH BioScience, and "you", "your", and "yours" refer to the affiliate.
Affiliate Application Approval
Once you submit your application form, it will be pending approval. Your application should be approved within 48 hours, however, we may contact you by email if we have additional questions. We may reject your application at our sole discretion if we determine that your online property or promotional methods are unsuitable for our Affiliate Program. Your application will not be approved if your website, personal blog, social media account, video channel or any other online property you intend to use for our Affiliate Program:
1. Promotes violence or any kind of illegal activities.
2. Promotes discrimination based upon race, age, gender, religion, nationality, politics, disability, and sexual orientation.
3. Incorporates or promotes sexually explicit content.
5. Incorporates any materials that infringe or may assist others to infringe on copyright, trademark or other intellectual property.
6. Is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable to us in our sole discretion.
7. Resembles BH BioScience website or social media accounts in a manner, which leads customers to believe you officially represent BH BioScience.
You will receive a 20% commission for every purchase made via your affiliate link. In addition to other payment methods (such as "check"), we use a third party (PayPal.com) to handle affiliate payments. Affiliate payouts are made on a monthly basis. Depending on your affiliate account standing, Net Zero or Net 15 may be applied.
We reserve the right to disapprove or suspend any affiliate commission at any time, in case we refund the order or believe the order may be fraudulent, or for any other reason, with or without notice. Suspension period may last as long as we verify the order in question. Likewise, we reserve the right to disapprove previously approved commission and/or manually adjust an unpaid balance in case of a refund charge-back with or without notice.
We reserve the right to alter our program terms and principles, including but not limited to your referral commission with or without notice.
In order to get paid affiliates must accumulate CAD 50 or more.
Affiliate Links and Creatives
Your affiliate links and creatives are accessible via your affiliate admin area. You may use a default link as well as a link to any product page. If you use our creatives, you may not modify the default links. We reserve the right to review the use of your affiliate links and require that you change the placement of your affiliate links to comply with our policies. If you intend to use your own creatives, you must submit them for approval via email. Please contact [email protected]
The following promotional methods are not recommended:
1. Unsolicited commercial email.
2. Postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once.
3. Any advertising commonly referred to as "spamming".
4. Any advertising that is based upon or associated with "spyware", "adware" or "malware".
You may use commercial mailings to customers to promote BH BioScience products as long as the recipient is already a subscriber of your website, who has the option to remove themselves from future mailings. You can also post to newsgroups to promote BH BioScience products if the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites or social media accounts as independent from BH BioScience. If it comes to our attention that you violate these terms, we will consider that cause for immediate termination of this agreement and your participation in the BH BioScience affiliate program. Any pending balances owed to you will not be paid if your account is terminated due to such solicitation.
It is forbidden to use advertising that incorporates health-related claims not supported by BH BioScience website. If you have concerns regarding the information you wish to publish or otherwise distribute, please contact us.
Affiliate Program Termination
BH BioScience reserves the right to terminate its affiliate program at any time for whatever reason without any prior notice.
Affiliate Account Termination
Either you or we may end this agreement at any time, with or without cause, by giving the other party a written notice in the form of an email. Your participation in our affiliate program will terminate immediately upon any breach of this agreement by you. In the event that we believe that you violate this agreement or otherwise abuse our affiliate program in any way, we reserve the right to terminate your participation in our affiliate program without prior notice to you. Should the case arise, we shall not be liable to you for any unpaid commissions.
We reserve the right to decline any affiliate commission in the event that we believe or have reasons to believe, in our sole discretion, that an unlawful act is being committed, including where we suspect that a payment vehicle or any transaction has been compromised or is being used in a fraudulent manner. In such an event, we may at our sole discretion, cancel or terminate an affiliate commission.
Changes and Updates
You hereby understand that your use and access to this affiliate program shall represent your agreement to be bound to and to abide by the most current version of these Terms and Conditions, which are subject to review, at our absolute discretion. You agree to be bound by any subsequent amendments and updates to the Terms and Conditions and consequently, it is incumbent on yourself to review the contents of the latest version of said Terms and Conditions. The act of continuing to use our affiliate program shall be interpreted to mean that you consent to the latest version of said Terms and Conditions.
BH BioScience makes no express or implied representations or warranties regarding BH BioScience website or the products or services provided therein, any implied warranties of BH BioScience ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. 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 errors.
Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall our cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and BH BioScience. You will have no authority to make or accept any offers or representations on our behalf.
You hereby agree to indemnify and hold harmless BH BioScience, its subsidiaries and affiliates, their directors, officers, employees, agents, shareholders, partners, members, and owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
4610 Circle Road
Montreal, Quebec, Canada
Updated: August 29, 2018