THIS IS A LEGAL AGREEMENT BETWEEN YOU (Affiliate) AND THE WELLNESS PRACTICE GLOBAL SELF-HEALTH CORP. (DBA The Wellness Practice®; also DBA Innate Choice®; also DBA Eat Well Move Well Think Well®). BY SUBMITTING THE ONLINE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO ADHERE TO THESE TERMS AND CONDITIONS.

By applying to become an AFFILIATE with The Wellness Practice Global Self-Health Corp., you signify your intent to refer others to purchase from our online retail store at www.eatwellmovewellthinkwell.com and you agree to be bound by the following terms and conditions of the program.

To become an AFFILIATE, you must submit a complete program application via our online sign-up form that was sent to you via one of our email campaigns.

As part of your application, you will create a unique “coupon code” that will apply only to you and will allow you to offer a 20% discount to customers who you refer to our website. If your choice of coupon code has already been used, you will be prompted to create another coupon code until one is accepted by the system. Customers referred by you enter this coupon code into the “discount code” field at checkout. In this way, their order will be linked back to you which will allow us to calculate your commission on any orders placed by them. SEE THE SECTION BELOW TITLED “PROMOTIONS” FOR IMPORTANT RESTRICTIONS ON THE USE OF THIS COUPON CODE.

Upon approval of your application, you will be able to log in to the Affiliate Portal and review your information. You will also be able to access your unique affiliate link – the url of this link is provided within your affiliate portal. This link can be shared with customers and embedded in your website to direct visitors from your site directly to our site. Use of this link on your website is not, and must not be construed as, an indication of an endorsement by The Wellness Practice® of any other content or activity contained, or advertised, on your website. SEE THE SECTION BELOW TITLED “AFFILIATE LINKS AND COOKIE TRACKING” FOR AN EXPLANATION ON HOW THIS LINK WORKS AND HOW COOKIES ARE USED TO TRACK WEBSITE VISITORS.

We may reject your application if we decide (at our sole discretion). If we reject your application, we will inform you in a timely fashion.

By registering for our Affiliate Program, you agree to receive email and other correspondence from us related to the program. We will not share or resell your information, and our Privacy Policy applies.

In order to be awarded a commission for a purchase, your referred customers MUST utilize your unique affiliate link and/or your unique “coupon code”. NOTE: if a customer places an order after having reached our website via your affiliate link WITHOUT entering your unique coupon code in the discount field at checkout, you will still receive a commission for the sale but the customer will not receive their discount. For this reason, we recommend that you always instruct your customers to manually enter your coupon code at checkout. This coupon code will be unique to your business and will track referred sales back to you and provide your customers with a 20% discount.

The Wellness Practice® will be using a third party e-commerce application (Refersion.com) to handle all tracking of sales on www.eatwellmovewellthinkwell.com that are generated by this Affiliate Program. You will be provided with a secure login to your account (referred to as your Affiliate Portal) where you may track earned, pending, and paid commissions.

Our Affiliate Program provides you with a 20% commission on REFERRED SALES (orders that have been successfully completed and paid), not including the value of shipping and handling or taxes. Your unique coupon code provides your referred customers with 20% off retail pricing, so your commission is applied on the discounted amount of the sale, not the full retail price. 

All sales on the www.eatwellmovewellthinkwell.com site are transacted in U.S dollars and commissions are paid in U.S. dollars. Affiliates and customers may be located in countries outside of the U.S.A.

When a customer visits our site directly from your unique affiliate link, a cookie is placed on their computer. This allows us to track the customer even if they don’t immediately make a purchase. They can close their browser and return later to complete the order, and you will still be recognized as the referring affiliate. Our cookies are set with a 90-day duration so as long as they order within 90 days of clicking on your link, you will be credited with the sale; notwithstanding the limitations in the next paragraph.

The customer may choose to clear their cookies at any time which will remove any tracking information. With cookies cleared, any purchases will no longer be tracked to your affiliate account. The same applies if they use a different web browser or device than originally used to access your referral link.

Once a purchase is made, that customer is linked to your affiliate account. As long as you are the most recent referrer, all future purchases by that customer account will be automatically tied to your affiliate account and will generate the relevant commissions with no further reliance on cookies.

IMPORTANT: If a customer uses your coupon code in the discount field at checkout it will not matter if their cookies are being tracked. The coupon code is unique to you and will make the connection between the customer’s order and your affiliate account.

We use “last click” tracking. This means that if a customer was referred by another affiliate weeks, months, or even years ago, but then clicks on your link (or uses your coupon code) and makes a new purchase, you will get receive commissions for this new order instead of the original referrer and will receive commissions on that customer’s future purchases for as long as that customer isn't referred by some other affiliate.

Conversely, if the customer uses another affiliate’s link or coupon code at checkout, that other affiliate will receive the commission for that order and will remain connected to that customer unless and until they use another affiliate’s link or coupon code.

"Last click" tracking is the most common type of affiliate tracking and rewards the most recent marketing and promotional efforts. It also ensures that commissions are only paid to the most recent referral effort.

We offer ongoing commissions as long as your referred customers are placing orders within our Affiliate Program and are using your affiliate link and/or coupon code. However, there are minimal performance requirements in place to ensure that the spirit of the agreement is being met.

Affiliates who do not meet our minimum performance requirements will lose commission status. Twelve (12) new referred customers per year are required to maintain commission status. If 12 new customers are not referred by any given affiliate within a single year, commission status will be revoked, and all recurring commissions previously earned under the Affiliate Program will cease.

Any affiliate accounts that have not made any referrals within a 90-day period and have no outstanding commission to be paid, may be designated as dormant. We reserve the right to delete accounts that have been found to be dormant.

Where customers choose to purchase a recurring product (e.g. monthly subscription of Essential Nutrients) you will receive your commission on all recurring orders as long as you are the last referring affiliate.

Commission is earned at the time of successful renewal (subsequent order).

If the customer cancels their ongoing recurring order (subscription), commissions will also cease.

In the event that a customer returns a product for a refund, or if credit card charges are reversed due to a chargeback dispute or credit card fraud, or if the shipment is lost and we need to send a replacement – we reserve the right to deduct any commission already paid out on that sale from future commissions.

You may NOT purchase products for yourself through your own affiliate account. You will not receive any commissions when making a purchase through your own affiliate links. You may receive a notification from the Affiliate Portal to let you know that a sale has taken place, but your affiliate payments will not include commissions for that sale.

Payments will be made once a quarter. You can expect payment approximately 30 days after the quarter is over. Payments are made at the end of January, April, July, and October.

This provides adequate time for us to account for clawbacks (i.e. revoking commissions earned on orders that have been refunded).

Affiliates must meet a minimum commission threshold of $200 in a given quarter in order to receive payment for that period. If you do not reach $200 in commissions in a given period it will just keep rolling over until you reach at least $200.

Our primary method of issuing commission cheques is via check/cheque. You will note that we ask for a PayPal email address at time of registration. We reserve the right to switch to payments via PayPal in the future. If you have not provided a valid PayPal email address, we will continue to provide commission payouts via check/cheque. We cannot be responsible for any banking fees (including PayPal fees) you may incur by receiving a payment from us.

YOU ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF TAXES AND ANY ADDITIONAL FEES AS REQUIRED BY STATE/PROVINCIAL AND FEDERAL LAWS AND STATUTES.  

Use of Coupon Codes: At registration affiliates create their own unique coupon codes. These coupon codes are exclusive to that affiliate and cannot be shared with any other affiliate. It is the affiliate’s responsibility to ensure that the use of their coupon codes complies with these terms. Affiliates may only promote their coupon codes on websites they own, or on social media using only accounts that they own, or in emails to individuals with whom they have an existing relationship (see more below under “Email Marketing”). It is the affiliate's responsibility to ensure their coupon codes are not posted on third party websites. 

Coupon websites are prohibited from our program. "Coupon websites" are defined as any website with the primary purpose of posting deals and coupon codes with the intent to receive commissioned clicks. Any affiliates found to be utilizing coupon websites may be immediately terminated from our program without notice. Any affiliates found promoting their coupon codes on third party websites or on social media accounts that they do not own will be immediately terminated from our Affiliate Program. We may disable any coupon codes at any time without notice.

Email Marketing: Any email marketing activity must be conducted in accordance with the CAN-SPAM regulations and/or any local guidelines. Any email promotion must not use purchased (aka “bulk”) mailing lists, and all contacts must have opted in. Advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our brand. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to EXISTING customers or subscribers of your services or web site. These recipients MUST have the option to remove themselves from future mailings. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

Websites and other platforms that promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; attempt to copy and/or assume the creative or business identity of The Wellness Practice®/Innate Choice® in any manner; and/or contain any other content that we (at our sole discretion) deem offensive and/or not in alignment with The Wellness Practice®/Innate Choice® brands, are unsuitable for our referral partner program, and if used may be grounds for termination of the Affiliate relationship.

You must act within the terms of any associated platform being used in your marketing activity. (e.g. Facebook, Google, etc).

Paid search and social advertising (Google Adwords, Facebook, etc.) on brand terms, trademarked terms, and product names are prohibited. This includes but is not limited to the following keywords and phrases:

You must not use The Wellness Practice®, Innate Choice®, Eat Well Move Well Think Well®, Live Right for Your Species Type® or other brand names owned by The Wellness Practice Global Self-Health Corp within your domain name. For example, you MUST NOT register a domain name such as http://innatechoicesupplements.com or http://innatechoicevitamins.com. Such use of our brand name may cause confusion with customers and is therefore prohibited.

You must not in any way, attempt to mislead the customer into believing you are the manufacturer or direct supplier of the products. You must not make any factual claims about the product’s composition, the benefits of using the product, or other significant claims that would influence a purchasing decision, other than those substantiated on our websites: www.eatwellmovewellthinkwell.com and www.innatechoice.com.

You must not represent the product in a negative way, nor make any connections between the product and another organization.

It is against these terms for you to purchase products for yourself through your own affiliate account.

It is against these terms to attempt to circumvent or alter any of the technical methods employed by our affiliate program.

YOU MUST NOT USE, OR ALLOW TO BE USED, any software downloads that potentially enable diversions of commission from other affiliates in our program.

If we detect that these terms have been breached for any reason, we reserve the right to deny registration, cancel your affiliate account, and void any unpaid commissions.

We reserve the right to suspend or delete an affiliate account at our discretion; with or without cause. Any breach of this agreement by you will be grounds for immediate termination.

Any affiliate accounts that have not made any referrals within a 60-day period and have no outstanding commission to be paid, may be designated as dormant. We reserve the right to delete accounts that have been found to be dormant.

If you wish to close your affiliate account directly or if you have any other questions, please contact us via email at [email protected].

We reserve the right to change the terms and conditions of our affiliate program at any time. In the event changes are made to the terms and conditions, affiliates will be notified by email. If affiliates disagree with the new terms they can cease the affiliate relationship. Continuing to operate as an affiliate under new terms after being notified of the new terms is considered an acceptance of the new terms.

WE WILL NOT BE LIABLE TO YOU (the Affiliate) WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT 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 THE WELLNESS PRACTICE GLOBAL SELF-HEALTH CORP.’S 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 hereby agree to indemnify and hold harmless The Wellness Practice Global Self-Health Corp. and its divisions, and directors, officers, employees, agents, shareholders, partners, members, and other 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 right 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.

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 The Wellness Practice Global Self-Health Corp. 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.

This Agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia, Canada without regard to the conflicts of laws and principles thereof.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between The Wellness Practice Global Self-Health Corp. and you and shall supersede all prior agreements and communications of the parties, oral or written.

The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

We value your business and privacy.

Information gathered on this site will not be shared with any third party without your permission.

In order to promote ongoing business with it's existing customers, The Wellness Practice - Global Self Health Corp. may send additional information via email to it's customers. Customers receiving such emails will have the option to remove themselves from our mailing list and will not receive any further informative, or promotional, material unless requested.