Affiliate Program Terms & Conditions
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.
Last updated: May 21, 2023
The purpose of this Agreement is to allow you to receive referral fees (“Referral Fees”) when people purchase Survival Med courses, programs, bundles, subscriptions, products or services (“Products”) after clicking on referral links placed on your website, social media platforms, email marketing, or communicated through print or in-person promotion (“Channels”) as described herein. It contains the Terms that apply to you as a Survival Med affiliate. Violation of any of these provisions may lead to termination of this Agreement.
The Affiliate Program Agreement (“Agreement” or "Affiliate Agreement") is a legal agreement between you (“Affiliate,” “your,” or “yours”, and including you, your employees, agents and sub-contractors) and Survival Med LLC (“we,” “us,” or “our”), headquartered in Iowa City, Iowa, United States of America.
(a) Your Agreement to these Terms. You must agree to the Terms & Conditions (“Terms”) contained in this Agreement to participate in our Affiliate Program (“Program”).
(b) Changes to Terms. We periodically update these terms and/or may replace them in their entirety, if, for example, we change referral rates, payment procedures or other Program rules; end the Program; or change other terms or practices.
If we update or replace the terms, we’ll notify you electronically by email. You should also review the Agreement regularly to ensure you’re aware of any changes to Terms, as any revised Terms will be effective when posted and shall supersede all previous Terms.
If you don’t agree to the revised Terms, remove all affiliate links from your Channels and terminate this Agreement as described below. Continuing use of your affiliate links constitutes acceptance of the revised Terms.
(c) Effective Date. These Terms become effective when you create a login to access the Survival Med affiliate dashboard, which constitutes your agreement that you have read and understand the terms and agree to be legally responsible for all terms and conditions in this Agreement. The Agreement will remain in effect until one of the parties terminates the Agreement.
(d) Languages Other Than English. Any version of these Affiliate Terms in a language other than English is provided for convenience. You understand and agree that the English language version will control if there is any conflict.
2. Enrollment in the Affiliate Program
(a) Application Completion. You must fully and accurately complete the Affiliate Program Application (“Application”). No application fee is required. We reserve the right to request additional data regarding your affiliate activities at the time of application or thereafter.
(b) Application Acceptance. We will notify you by email if we accept your Application. You will not be sent a hard copy of the signed Affiliate Agreement. We may accept or reject your application at our sole discretion:
If any of the information you provide is incorrect or incomplete
If your Channels publish, share or promote content which is in any way violent, hateful, harmful, threatening, terroristic, obscene, harassing, discriminatory, sexually explicit, pornographic, or defamatory
If you or your Channels discriminate, violate any applicable law, or any person’s intellectual property rights
For any other reason we deem fit
(c) Affiliate Dashboard Access. If we accept your Application, you’ll receive a welcome email so that you can set up a login providing access to your Affiliate Dashboard (“Dashboard”). It is your responsibility to keep your username and password secure.
Your Dashboard provides qualifying links to our products (“Referral Links”), your payout details so that we can pay you Referral Fees, and provides access to reports describing our calculation of Referral Fees due to you.
(d) Current Contact Information. You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
(e) Federal Trade Commission. You must be in good standing with the U.S. Federal Trade Commission (the “FTC”) and in compliance with all FTC guidelines including disclosure that you are an affiliate. You represent that you have read and fully agree to the rules & guidelines listed on the official FTC website.
(f) The relationship between you and Survival Med is non-exclusive. Both of us are free to enter into similar relationships with other parties.
3. Specific Obligations of Affiliates
As a member of our Program, you promise that you will:
(a) Links to Our Products. You will implement Referral Links obtained from your affiliate dashboard on the Channels specified in your Application. When people click through the Links to purchase an item on the Survival Med site, you will receive Referral Fees for qualifying individual purchases (“Referrals”) as described below in Section 5, Affiliate Referral Fees.
You must copy the HTML code exactly as it appears in your affiliate dashboard. If you alter it, you will not receive credit for sales of Products generated through your Channels.If we provide graphics to you, you may not alter them.
(b) Maintain Your Site. You’re responsible for maintaining and updating your Channels. Survival Med will notify you via email of any changes to these Terms and Referral Links. It is your responsibility to promptly update content on your Channels to reflect these changes.
(c) Comply with All Copyright Laws. It is entirely your responsibility to follow and comply with all applicable copyright and other laws that pertain to your Channels. We will not be responsible if you use another person's copyrighted material in violation of the law.
(d) Non-Solicitation. As a member of our Program, you agree that you will not directly or indirectly, for yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of our employees, contractors, interns or customers to upload or otherwise make Products available on your Channels or elsewhere, or otherwise alter, terminate or breach their contractual or other business relationship with Survival Med.
(e) Confidentiality. Both parties agree that this Agreement and all matters related to it including non-public Survival Med Product information, business and marketing plans, sales volumes, details of referral arrangements, payouts and other internal information (“Confidential Information”) are confidential and shall not be disclosed to any party other than your officers and employees who need the Confidential Information to perform their obligations under this agreement and who are also obliged to keep such information confidential and secret.
You shall not disclose Confidential Information to third parties during or after termination of this agreement, except as required for tax, regulatory or legal purposes.
Each party agrees that all Confidential Information is the sole and exclusive property of the supplying party; that its right to use Confidential Information will end when the Affiliate Agreement is terminated; upon termination, to return or destroy all digital or non-digital Confidential Information and all copies.
(f) Non-Disparagement. Both parties agree that they will not disparage the other or otherwise portray it in a negative light during this Agreement or after its termination.
4. Affiliate Responsibilities
You understand and agree to the following provisions. Violation of any of these provisions may lead to termination of this Agreement.
(a) Monitoring of Channels. You give us the right to monitor your Channels at any time to determine if you are following these Terms, and to notify you of any changes we feel you should make to remain in compliance. You must comply with any content takedown or modification requests we make.
(b) Use of Survival Med Name. You will not use our company name or variations of our company name in the profile names, sender names, web addresses or other identifying information for any of your Channels. You may not register or purchase domain names that include our company’s name or any misspellings or variations of our company name to run promotions as an affiliate.
(c) Look and Feel. Your Channels including content and media may not copy, mimic or resemble the look and feel of Survival Med websites or Channels or create the impression that your Channels are part of our business. You may not duplicate content found on our Channels other than as described in (d) below.
(d) Use of Our Content. You are free to display prices and other information related to our Products. You are responsible for keeping this information current. Our prices may change at any time. We will not provide pricing or other product updates to you.
You may create your own promotional materials using content on our site as a reference. You may also use course images and brief excerpts of text included in public pre-sales content on our websites to promote the products accurately on your Channels. However, you may NOT duplicate entire pages or download, copy, link to or otherwise use video content (free or paid), course supplementary materials (for example, PDFs, exams or other material), or lesson descriptions and publish them on any of your Channels. Violation of this provision may result in the immediate termination of Your affiliate account.
You may use our trademarks only to the extent required to establish affiliate links on your Channels and perform your obligations as an Affiliate under this Agreement. You may not use our name, trademark or any Survival Med content in a way which negatively affects our public image or reputation.
(e) Your Channel Content. You may not promote our Products on any Channel which contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by us. You should not use any copyrighted or third-party material without the proper licenses. You may not use any marks, keywords, phrases, variations or misspellings which may be confusingly similar to our business name, domain name, product names, and trademarks.
(f) No Paid Advertising. You will not promote Survival Med through paid advertising or media buying that leads directly to the survivalmedonline.org website, academy.survivalmedonline.org website, or any other Survival Med website. While an affiliate, you will not bid on Survival Med-branded keywords on any platform.
(g) No Cookie-Stuffing. You may not use cookie-stuffing techniques or click-generators that set tracking cookies without requiring a good-faith user to actually click Referral Links. You will not artificially generate clicks or impressions on your site or create visits on the Survival Med site through use of a robot, software program or any other method.
(h) Other Prohibited Marketing Methods. You may not utilize a browser extension to promote Survival Med or Survival Med courses without direct approval from Survival Med. If we agree in writing to permit use of a browser extension, all coupon codes available in the extension must be provided and/or approved by Survival Med. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension's feed.
You may not use pay to read, pay to click, banner exchanges, click exchanges, pay-per-view, pop-up/under, cash back, coupons, vouchers, discount codes, rewards or any other monetary or non-monetary incentives to obtain a sale without our prior approval.
Link cloaking or other technology intended to promote Survival Med on Channels not explicitly listed in your Affiliate Application and hide that traffic source are not allowed.
(i) Good-Faith Marketing Practices. You may not use marketing practices that attract fake or bad-faith customers. We, in our sole discretion, will make the determination whether someone is a fake customer. You may not engage in any blackhat SEO or spam link-building practices or engage in email marketing which may violate the CAN-SPAM Act to generate more referrals. Further, you should not take actions or make recommendations to your referrals that result in potential revenue loss to Survival Med.
If we detect a pattern in your affiliate practices that in our reasonable opinion violates any of these Terms, we may suspend or terminate this Agreement and cancel outstanding referral payments which are otherwise due.
(j) No Sub-Affiliate Network. You may not use a sub-affiliate network to promote our Products without our prior written approval.
(k) Competing Relationships or Products. You agree to notify us promptly if you enter affiliate relationships with vendors that offer products which compete with Survival Med or sell products you create which compete with Survival Med.
(l) Disclosure of Relationship. You will be open and honest about your relationship with Survival Med. You may not misrepresent or embellish the relationship between you and Survival Med or imply any relationship or affiliation between you and Survival Med except as expressly permitted by this Agreement. You may not represent yourself as an agent or employee of Survival Med or represent that you have the authority to bind Survival Med to a contract.
(m) No Malware. You may not include on your Channels or use Referral Links or other content that uses any spyware, malware, virus, or other software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(n) Survival Med Staff. Survival Med employees, contractors and interns may not be affiliates without prior written approval. Staff who are affiliates must make their relationship to Survival Med clear when promoting Survival Med as an affiliate.
(o) Referred Customers. Persons or entities which become our customers through Referral Links from your Channels (“Referrals”) will be considered our customers, at our sole discretion. All of our terms, rules, policies, and operating procedures will apply to these customers and may be changed at any time without notice.
5. Affiliate Referral Fees
(a) Eligibility. Except in jurisdictions where such transactions are not permitted, you are eligible to earn Referral Fees while this Agreement remains in effect, calculated as described below.
(b) Calculation. All calculations and payments will be made in U.S. dollars.
The exact amount of Referral Fees due to you in any given month will be calculated as the total dollar amount of purchases made via your Referral Links, net of discounts, refunds and sales tax, multiplied by the Referral Fee Rate shown in your affiliate dashboard under the heading “Commission,” subject to the following provisions:
Referral Fees are payable on the last day of the first full month which follows a 30-day waiting period. For example, a qualified purchase made on March 2 becomes eligible for Referral Fees payment on April 2. Payment will be initiated by May 31.
We reserve the right to reduce future Referral Fees to offset prior payment of Referral Fees for refunds made after the 30-day waiting period.
Only purchases made via authorized affiliate links are eligible for Referral Fees. For example, a second purchase by a customer whose initial purchase was made through your Referral Link will not qualify for Referral Fees unless your affiliate link is also used for the second purchase.
(c) Payment Threshold. Your accumulated Referral Fees must total at least $100 to receive payment.
(d) No Referral Fees on Free Courses. Our site contains paid and free courses. Any customer you refer who subsequently enrolls in a free course or uses a coupon code to get a paid course for free will not be eligible for affiliate Referral Fees and that particular sale will not appear on your affiliate account. We will terminate the accounts of Affiliates who primarily or exclusively promote free courses unless authorized in writing.
(e) Payment via PayPal. We disburse payments to your PayPal account using the PayPal details you enter in your affiliate dashboard. Survival Med does not send payment directly to any affiliates. You are responsible for making sure that you can accept payments via PayPal. Don't enter into this agreement if you are unable or unwilling to accept payment via PayPal.
(f) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses they incur in order to receive affiliate payments.
(g) If your account is terminated due to violation of these Terms, we reserve the right to withhold all future payments that would otherwise be payable to you.
(h) If we determine that payment of Referral Fees to you in any jurisdiction is illegal under any laws, then we reserve the right to not pay Referral Fees for any sales made in that jurisdiction.
(i) Upon termination of this Agreement by either party, we may withhold your final payment for a reasonable time to ensure that the correct amount is paid to you.
(j) If at any time we determine that there has been no substantial activity on your account for one year, we will have the right to withhold any accrued Referral Fees if the total due is less than $100. Further, any unpaid Referral Fees in your account may be subject to escheatment under applicable law.
(a) You hereby grant us a non-exclusive, non-transferable, revocable right to use your individual, organization or business name, titles, and logos to advertise, market, promote, and publicize our products and your role as an Affiliate under these Terms. However, we are under no obligation to advertise, market, promote, or publicize.
(b) We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light during this Agreement and after its termination. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending this Agreement. Other than the license granted in these Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.
(c) Unless otherwise expressly indicated, we are the sole owner of all current and future intellectual property rights on our website and other online and offline platforms, including all code, text, sound, video, graphics and images and supporting documentation.
Nothing confers any ownership rights in our trademarks to you, and you shall not contest the validity of our trademarks.
This Agreement shall come into force on the date we send you an email notifying you of your acceptance into the Affiliate Program. It will renew automatically for successive periods of 12 months unless terminated by either of us as described in Section 10.
Upon termination, you shall remove all affiliate links and related content from your Channels.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SURVIVAL MED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR PRODUCTS. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. Limitation of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS 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 YOU OR SURVIVAL MED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
You agree to indemnify and hold harmless Survival Med and its employees, representatives, agents, and affiliates, against all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of these Terms. You will pay all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
Either Survival Med or you may end these Terms AT ANY TIME, with or without cause, by giving the other party written notice as provided in Section 11.
Notice of termination and other legal notices related to this Agreement must be sent to:
Survival Med: [email protected] or via postal mail to Survival Med, 43 Inverness Place, Iowa City, IA 52245.
Your information: email and mailing address as shown in your Affiliate Program Application or as updated via email to [email protected]
Both parties will timely inform the other of changes in email or mailing addresses used for legal notices.
12. Force Majeure.
Neither party to this Affiliate Agreement shall be liable for any failure or delay in performing their obligations when it results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
You represent and warrant to us that:
(a) These Terms constitute your legal, valid, and binding obligations, enforceable against you in accordance with the terms and conditions herein;
(b) You have the full right, power, and authority to accept and be bound by these Terms and to perform your obligations under these Terms, without the approval or consent of any other party;
(c) You have sufficient right, title, and interest in and to the rights granted to us in these Terms; and,
(d) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE TERMS PRIOR TO ACCEPTING THEM.
(e) Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Terms. Nothing contained in these Terms shall be deemed to create any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, on your Channels or elsewhere, that contradicts or may limit anything in this paragraph.
(f) Assignability. You may not assign your rights or obligations under these Terms to any party, and any attempt to do so may terminate this Agreement at our sole discretion. We are free to assign these Terms.
(g) Governing Laws. These Terms shall be governed by the substantive laws of the State of Iowa without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Iowa. Any dispute that may arise in connection with these Terms shall be resolved in accordance with these Terms.
(h) You may not amend or waive any provision of these Terms unless in writing and signed by both of us.
(i) Entire Agreement. These Terms and the information provided in your Affiliate Program Application represent the entire agreement between Survival Med and you, and shall supersede all prior agreements and communications between us, oral or written.
(j) Headings and Titles. The headings and titles in these Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(k) Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary, and the remainder of these Terms shall have full force and effect.