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Terms of Service


Commissioned Sales Agreement

 

This Commissioned Sales Agreement (the “Agreement”) is made by and between Dr. NewSkin a dba of Adelson Eye and Laser Center, a Michigan USA Professional Corporation (“Dr. NewSkin “), and you, as a Member of our Commissioned Sales Program (“You”, “Your”, “Sales Agent”, “Affiliate”, “Member”).

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up, as a Member, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not sign-up and do not use the Artist Referral Agreement as an Affiliate.

The following agreement is summarized as follows:

  • You may refer your clients to us, and we will pay you a referral fee, following a Valid Sale.
  • You or your client must notify us that they are your referral prior to their first treatment.
  • You place our banners anywhere on your site as you see fit, or within non-spam emails.
  • We may email you concerning this program or other promotions we undertake in the future.
  • We might change the service periodically, and at our discretion.
  • Adult, Hate, or other related sites are not allowed to carry out banners or anchor text.
  • You will be paid your referral fees, at such time as your account balance is $8.00 or more.
  • All statistics are collected and calculated by Dr. NewSkin, and will be the only valid stats used for determining commissions.
  • Any page that contains a drnewskin.com or drnewskinlaser.com link, banners, or code must be written in English.
  • As a member, you can only have 1 account. Self-referrals are strictly prohibited.
  • You won’t hold us liable for anything, a link to a non-drnewskin.com Web site does not mean that drnewkin.com endorses or accepts any responsibility for the content or the use of such Web site.
  • You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send emails to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first violation of this policy.
  • You may place banners or links within your newsletters, in content of your website, or within other web related content.
  • An abandoned member account is defined as any account that has not been logged in to for a period of 12 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
  • NOT ALLOWED: All other uses of our banners or links in newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
  • NOT ALLOWED: Any placement of a creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
  • NOT ALLOWED: Any display of an Ad that isn’t the result of a direct click by the end-user.
  • Failure to abide by these rules could mean termination of your membership and a complete forfeit of commissions.
  • Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
  • You cannot refer yourself as a referral to Dr. NewSkin and receive commission. Sorry. We have a special pricing plan for our Members, so please call us to take advantage of this special pricing.
  • We may change the terms of this Agreement, at any time, and from time to time, at our sole discretion, and without notice.

PRIVACY POLICY

Dr. NewSkin respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact bradadelson@drnewksin.com.

DEFINITIONS

“You”, “Your”, “Sales Agent”, “Affiliate”, “Member” means an individual or business generating legitimate sales from referred clients.

“Dr. NewSkin”, “Merchant” means a dba of Adelson Eye and Laser Center, a Michigan USA Professional Corporation.

“Valid Sale”, “Valid Purchase” means a sale that has been both fully paid by a referred client, and fully collected by Dr. NewSkin from said client, for laser tattoo removal services.

“referral fees” or “commission” means the Payout from a Valid Sale. The sale could occur at the time of the initial visit or at a later date. So long as you remain a Member in good standing, all referral fees will be paid for all referrals you make resulting in a Valid Sale.

“click commission” means the Payout on a Valid Sale from the use of an authorized banner ad on your studio website.

“Payout” means the amount of a referral fee or commission. The Payout is defined as a percentage of a total sale amount(s).

“VOID” means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by Dr. NewSkin due to fraudulence, duplicate transactions or other valid reasons..

THE SERVICE

Dr. NewSkin has developed and operates a service (the “Service”) which allows Members to participate in our Artists Referral program.

LINK PLACEMENT

As an Member, you may place authorized links on Your business website and in other acceptable locations.

  • You may place our banners anywhere on your site as you see fit, or within non-spam emails.
  • Adult, Hate, or other related sites are not allowed to carry our banners or anchor text links or code.
  • Any page that contains our links, banners, or code must be written in English.
  • You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
  • You will be paid your referral fees, at such time as your account balance is $8.00 or more.
  • An abandoned member account is defined as any account that has not been logged in to for a period of 12 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state.
  • NOT ALLOWED: All other uses of our banners or links in newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
  • NOT ALLOWED: Any placement of a creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
  • NOT ALLOWED: Any display of an Ad that isn’t the result of a direct click by the end-user.

PAYMENT

You will receive a referral fee for sending us referral clients who make a Valid Purchase. In order to place Links on your businesses website, You must first be a Member of our Commissioned Sales program. You understand that the Payout amount may be changed at any time. You receive your referral fees from Dr. NewSkin. Payments are made twice per month. Checks will be mailed when Your account balance reaches $8.00 or more. Money credited to Your Account does not accrue interest. In the event of a VOID transaction, Dr. NewSkin may recover from You the corresponding referral fees previously credited to Your Account. The VOID referral fee will be immediately deducted from Your account balance. In the event that Your account balance is less than the VOID referral fee, the VOID referral fee will be deducted against Your future earnings. You will NEVER be asked to send money to Dr. NewSkin.

EMAIL CONTACT

Dr. NewSkin reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Dr. NewSkin related products and services.

CHANGES TO THE SERVICE

Dr. NewSkin reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Dr. NewSkin will notify You via e-mail, newsletter or through the Dr. NewSkin Website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.

REGISTRATION

To sign up as an Member you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO CARRY OUR AD BANNERS OR LINKS OR PARTICIPATE IN OUR ARTIST REFERRAL PROGRAM: ADULT SITES; SITES THAT DISPLAY ADULT BANNERS; SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED; SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Member account within the Service. You shall provide Dr. NewSkin with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive Dr. NewSkin, Members or other users as to Your true identity. You agree that Dr. NewSkin may rely on any data, notice, instruction or request furnished to Dr. NewSkin by You which is reasonably believed by Dr. NewSkin to be genuine and to have been sent or presented by a person reasonably believed by Dr. NewSkin to be authorized to act on Your behalf. You shall notify Dr. NewSkin by e-mail at info@drnewskin.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by shareasale.com and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to Dr. NewSkin that all content You provide to the Artist Referral Program is solely owned by You or provided by You and does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. As a Member You shall not provide, promote, distribute, place or otherwise publish any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Dr. NewSkin may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As a Member, You may not click on Your own banners and/or links for purposes of receiving a referral fee.

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any online Visitor.

Dr. NewSkin RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER. If You are terminated from our membership Service for violation of the terms of this Agreement, Dr. NewSkin has the right to withhold money You earned and You will not be allowed to re-join.

LIMITED WARRANTY

The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Dr. NewSkin DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Dr. NewSkin SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Dr. NewSkin will make reasonable commercial efforts to keep its website and offices operational during normal business hours. However, certain difficulties may arise, from time to time, resulting in temporary service interruptions. Member understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Dr. NewSkin liable for any of the consequences of such interruptions. Dr. NewSkin SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF MEMBER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.

LIMITATION OF LIABILITY

Dr. NewSkin OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Dr. NewSkin SERVICE OR ANY INFORMATION PROVIDED ON THE Dr. NewSkin WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN Dr. NewSkin OR A Dr. NewSkin AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Dr. NewSkin’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Dr. NewSkin, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You agree to indemnify, defend, and hold harmless Dr. NewSkin and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

Dr. NewSkin agrees to indemnify, defend, and hold harmless Members against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to Dr. NewSkin ‘s negligence or willful misconduct in performance of the Services or its breach of this Agreement.

NON-DISCLOSURE

Dr. NewSkin acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”). Dr. NewSkin agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of Dr. NewSkin, that becomes available to Dr. NewSkin from third parties without knowledge by drnewskin.com of any breach of fiduciary duty, or that Dr. NewSkin had in its possession prior to the date of this Agreement. Dr. NewSkin does not collect information about a Member’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. Dr. NewSkin reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Dr. NewSkin deems appropriate.

OWNERSHIP AND LICENSES

You, the Member, are granted a non-exclusive, limited, revocable right to use Dr. NewSkin’s trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Dr. NewSkin, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Dr. NewSkin’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

REPRESENTATIONS

Dr. NewSkin makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non- Dr. NewSkin Web site does not mean that drnewskin.com endorses or accepts any responsibility for the content or the use of such Web site.

NONASSIGNABILITY

Members may not assign this Agreement to any successor without the express written consent of Dr. NewSkin and the mutual agreement between both parties.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by Michigan, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Michigan, USA and You consent to such jurisdiction.
MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

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