Affiliate Agreement Terms & Conditions

This Brand Ambassador Agreement “Agreement” describes the terms and conditions for participation in the British Science Formulations (BSF) Brand Ambassador/Affiliate Program collectively referred to as the “BA/A Program” or “Program” refer to promoting British Science trichological treatments, to potential customers /cosmetologists/hairstylists/dermatologists/salons /spas etc…or who is interested in BSF products, in return for compensation related to individual/company performance.

The terms “Brand Ambassador,” “you,” and “your” are referring to you, the applicant. British Science Formulations and this Agreement refer to as “We” and “our”. We are independent parties and this Agreement will not form any partnership between you or BSF in any extent other than what this agreement describes.

Agreement between British Science Formulations and affiliate ambassadors (BA/A) as identified on the application for enrolment form relating to independent individuals for resale to students on a direct sales basis, on the following terms:

Acknowledgment. By completing the enrolment process, BA/A acknowledges that BA/A has read, understands and agrees to the terms of this Agreement. BA/A is of legal age in her or his state of residency and/or is the age of 18 or older. BA/A understands that BA/A may cancel this Agreement at any time regardless of reason by written or electronic email notice to BSF . BA/A also understands that acceptance as an BA/A is not automatic, but is subject to the receipt and acceptance of the application by British Science Formulations.

To begin the enrolment process, by completing and submitting the registration you are agreeing to the Terms of Service. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your registration at our sole discretion. We may cancel your registration if we determine that you are unsuitable for our Program, including if it:

1.1. Promotes sexually explicit materials
1.2. Promotes violence
1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
1.4. Promotes illegal activities
1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
1.6. Includes “Merchant” or variations or misspellings thereof in its domain name
1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are the merchant or any other affiliated business.

As a member of BSF Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the BSF web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
British Science Formulations reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site (if any) will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to you. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.

We have the right to monitor you and your site (if applicable) at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the BSF Affiliate Program.

British Science Formulations reserves the right to terminate this Agreement and your participation in the BSF Affiliate Program immediately and without notice to you should you commit fraud in your use of the BSF Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in BSF Affiliate Programs following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

You are free to promote your own web sites, but naturally any promotion that mentions BSF could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by BSF, for example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email, 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. Also, you may post to newsgroups to promote BSF so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from BSF. 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 BSF Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

You represent and warrant that:

This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

WE WILL NOT BE LIABLE TO YOU 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 BSF 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 BSF, and its subsidiaries and affiliates, and their 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.

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

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 British Science Formulations. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida 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 us 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.