LAST UPDATED 4/22/2020
By participating in the Advanced Trichology Program through Refersion Inc. (“Program”), you agree with the following terms and conditions set forth in this agreement (the “Agreement”). Please read the entire Agreement. By submitting the online application, you are agreeing that you have read and understand the terms and conditions of this Agreement, and that, if we accept your application, you agree to be legally responsible for each and every term and condition. Please note that throughout this Agreement, "we," "us," "our" and “Advanced Trichology” refer to Natural Hair Growth Centers of Arizona, LLC (d/b/a Advanced Trichology), and "you," "your," and "yours" refer to the Affiliate.
1. Program Overview
The Advanced Trichology program is an exciting way for Influencers, Cosmetologists, Trichologists, Medical Practitioners, and other related fields to work with their favorite hair growth products and benefit in partnership with referring clients and gaining commissions. We have multiple programs for multiple situations and each individual program has its own set of criteria and approval methodology.
When referring Advanced Trichology products, you could be confident that you are recommending the highest quality hair growth treatment available to date. Advanced Trichology has worked with tens of thousands of clients all over the world utilizing the Gaunitz Trichology Method to regrow hair and situations that were considered and impossible before. You can utilize our track record featuring amazing before and after photos, clinical data, testimonials, educational videos by William Gaunitz WTS, along with the Gaunitz Trichology Method to show your clients and followers what they can expect when using Advanced Trichology products.
To be accepted into our Program, you will need to provide certain information and details, including your business license number, tax ID or any other information regarding you and your business as per our request, such as your PayPal account information for payment processing. We may also require phone conversations with our team during the approval process. We reserve the right to reject any applicant to the Program, and once approved, to terminate your continued participation in the Program.
Upon your approval to the Program, we will provide you with your unique Tracking Link. The Tracking Link will provide a special link through to our website, www.AdvancedTrichology.com. The tracking link will enable us to track your orders. You are only permitted to distribute your special Tracking Link.
To be accepted into our Program, you will need to provide certain information and details, including your social media handles or any other information regarding you and your business as per our request, such as your PayPal account information for payment processing. We may also require phone conversations with our team during the approval process. We reserve the right to reject any applicant to the Program, and once approved, to terminate your continued participation in the Program.
Upon your approval to the Program, we will provide you with your unique Discount Code (described below). The Discount Code will provide a special discount on orders for Advanced Trichology products through our website, www.AdvancedTrichology.com. The Discount Code will also enable us to track your orders. You are only permitted to distribute the Discount Code using the social media platform listed on your application to the program.
It is important that you educate and familiarize yourself with Advanced Trichology products prior to recommending Advanced Trichology to your clients or customers. As an Affiliate, we expect you to follow FTC guidelines, have integrity when dealing with your clients and/or customers, always communicate only true and accurate information, and comply with all laws. In this regard, you are prohibited from making any claims regarding Advanced Trichology products beyond those made by Advanced Trichology available at www.AdvanceTrichology.com
2. Affiliate Content License
You grant Advanced Trichology a license to use the materials you post pursuant to or related to this Affiliate Program. By posting, displaying, performing, transmitting, or otherwise distributing information related to, containing, or referencing Advanced Trichology or its products, you are granting Advanced Trichology, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use Affiliate Content in connection with the operation of the business of Advanced Trichology, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Affiliate Content. You agree that we may publish or otherwise disclose your screen-name in connection with your Affiliate Content. By posting Affiliate Content, you warrant and represent that you own the rights to the Affiliate Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the Affiliate Content.
Advanced Trichology uses multiple tracking methods including discount codes, direct tracking links, and emails. See Additional terms for your particular offer.
Commission is available on sales that took place in the past. Advanced Trichology will attribute sales to you based on a unique discount code that we will provide to you (the “Discount Code”). The Discount Code must be used when placing orders with Advanced Trichology online at www.Advanced Trichology.com.
Advanced Trichology uses the Refersion affiliate tracking system platform to track all purchases of Advanced Trichology products and attribute reimbursement to the Affiliate. The Refersion platform is owned by Refersion, Inc.
When a customer completes a purchase on www.Advanced Trichology.com and uses the Discount Code, the Refersion platform will automatically track that sale and attribute it to your account. If the Discount Code is not used when placing an order with Advanced Trichology, the order will not be attributable to your account.
Advanced Trichology will provide you with a reimbursement on products purchased by using the Discount Code in accordance with the terms of this Agreement, according to the designated payment schedule that we will provide to you. Reimbursement is calculated on the Net Sales price for which we have received payment in full, less any discounts, returns, credits, taxes and/or shipping fees.
Your earned reimbursement will be paid monthly, in accordance with our payment policy. All earned sales will be paid to you via PayPal in US Dollars. Throughout your participation in the Program, you must maintain your PayPal account and provide us with current details as we may request from time to time. If this Agreement terminates, any earned reimbursement due at that time will be held for a reasonable time (not more than 6 months) to ensure that the correct amount is paid.
Advanced Trichology reserves the right to adjust rates from time to time as it sees fit, and any such change will be posted on the Refersion website and/or will be provided to you through a notice.
There is no maximum limit that you may earn. However, you may not purchase items for yourself through this program.
You are only eligible for earnings while you are participating in the Program and your account is in good standing, and only for orders from customers that directly your discount from your social profile. Discount Code that we provided to you for your social media profile (and not for any order with use of the Discount Code in connection with the internet, any website, email communications or other digital distribution), all in accordance with the terms and conditions of this Agreement.
5. Returns and Credits
If an item is returned, an order is canceled, or a chargeback is requested on a purchase, the item(s) will not be a calculated sale. If we have already paid you on such a sale, the amount will be deducted from any reimbursement that is currently due to you. If there are no funds due to you for a period of one (1) month, you will be billed for the respective amount.
6. Order Processing
We will be solely responsible for processing orders placed by customers that come through using your Discount Code. Order forms, payment, processing, delivery of the products, and handling all customer questions and requests, including cancellations and returns are our responsibility. Customers who buy from our website using the Discount Code will be considered our customers and will be subject to all our rules, policies and operating procedures.
We reserve the right to reject or cancel orders that do not comply with our rules, policies and operating procedures. You will not receive a credit for any such rejected/canceled order.
7. Promotional Activities
You are encouraged to promote our website and Advanced Trichology products in various acceptable ways such as through direct referrals from your social media.
You agree NOT to promote Advanced Trichology or our products through unsolicited emailing (spamming), or by listing the Discount Code on coupon or discount websites (e.g. www.retailmenot.com), email, and/or any other internet site (including your website) or digital platform. If you violate this policy, we will terminate your participation in the Program immediately and you will forfeit any reimbursement for orders attributable to the Discount Code.
In furtherance of the foregoing, under no circumstances shall you send commercial electronic mail messages as defined in the Federal Spam Law, CAN-SPAM Act of 2003 (“Act”), with respect to the Advanced Trichology Program. Advanced Trichology reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send. You may send transactional or relationship messages as defined in the Act.
You shall include a disclosure statement within any and all marketing materials where you provide the Discount Code. This disclosure statement should be clear and concise, stating that Advanced Trichology is compensating you for your referral.
Advanced Trichology makes no express or implied warranties or representations with respect to the Program. Advanced Trichology makes no representation that the operation of the Program will be uninterrupted or error-free, and Advanced Trichology will not be liable for the consequences of any interruptions or errors.
You represent and warrant to Advanced Trichology the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement. You are in compliance with all applicable laws in the conduct of your business and have all necessary and appropriate licenses to conduct business.
2) All of the information you provided to Advanced Trichology is true and correct and is not in any way designed to mislead, conceal or otherwise defraud Advanced Trichology or the Program.
3) Your business and/or website does not contain any materials that are unlawful or solicitous of behavior that is unlawful in the United States and/or in the jurisdiction in which you operate.
4) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used in your business and/or on your website. Nothing in your business and/or on your website infringes upon the intellectual property rights of any person or entity.
5) You do not compete with Advanced Trichology. You are not an employee, agent, or partner with any person or company that competes with Advanced Trichology. You may be an affiliate with or an independent contractor to persons or companies that compete with Advanced Trichology.
6) You shall be solely responsible for operating your business and maintaining your website (if any) at your own expense. You acknowledge and agree that your business and/or website will not: (i) infringe or violate any applicable law, rule or regulation; (ii) be defamatory, offensive or controversial; or (iii) violate any laws regarding false advertising.
9. Reversals (Sales)
Advanced Trichology reserves the right to reverse sales that may be attributable to you due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders that we suspect may be in violation of these terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information we have on file for you.
3) You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, and/or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon you to ensure that you have the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and conditions of this Agreement.
10. Marketing Assets; Intellectual Property
The tools, products, and marketing materials (collectively “Assets”) that Advanced Trichology provides to you include valuable information vital to the success of the Program, including the Discount Code that Advanced Trichology uses to attribute sales to you.
Advanced Trichology grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and conditions of this Agreement. The term of the License shall expire upon your termination from the Program or termination of this Agreement.
You will use the Assets as Advanced Trichology instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as Advanced Trichology provides them unless you obtain prior written consent from Advanced Trichology.
3) You may only use the Assets for the purpose of promoting Advanced Trichology and its products, in accordance with the terms and conditions in this Agreement.
4) Advanced Trichology retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
6) You will not publish or otherwise distribute any other advertising materials that reference Advanced Trichology unless Advanced Trichology gives prior written consent to the distribution of such materials.
You shall not purchase keywords, domain names, advertising, search terms, AdWords, or any other identifiers that include the word “Advanced Trichology,” the names of Advanced Trichology products (i.e. “NutraM”, “FoliGrowth etc.), or any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “Advanced Trichology”, “FoliGrowth”, “Nutraviv”, and/or “NutraM” and any keyword string that includes such terms in Paid Search/digital advertising; and
2) Purchasing domain names based on “Advanced Trichology”, “NutraM” and/or “FoliGrowth” or variations.
12. Term and Termination of Agreement; Changes
The term of this Agreement will begin on the date that we receive and accept your application to participate in the Program, and shall continue until the Program and/or this Agreement is terminated. Either party may terminate the Agreement at any time by written notice to the other. Written notice can be in the form of email that either party has on file for the other party.
Advanced Trichology may suspend or terminate the Program or your ability to participate in the Program at any time for any reason.
We reserve the right to suspend accounts or cancel reimbursement if we notice any activity that we believe is abusive, fraudulent, or in violation of the terms and conditions contained in this Agreement. We reserve the right to review and investigate all activities and to suspend accounts in our sole discretion as deemed fair and appropriate.
13. Updates to this Agreement
We can update the terms and conditions contained in this Agreement at any time without prior notice. If we update the terms and conditions, we will post the update on the Refersion website, and such updates are effective upon posting. Your continued participation in the Program after any updates shall constitute your consent, acceptance and agreement to such updates.
We may disclose to you certain information as a result of your participation in the Program, which we consider to be confidential and/or proprietary ("Confidential Information"), which shall include, without limitation, sales information, business and financial information, customer information/lists, and pricing information, etc. You agree that Confidential Information shall be used only as expressly provided in this Agreement and shall remain strictly confidential and secret and shall not be used, directly or indirectly, by you for your own business purposes or for any other purpose, without obtaining prior written consent from Advanced Trichology.
You agree to indemnify and hold Advanced Trichology, its parent company, its respective members, directors, officers, employees, agents and representatives (collectively “Advanced Trichology Representatives”) harmless from any and all claims, suits, actions or other proceedings brought against Advanced Trichology and/or Advanced Trichology Representatives based on or arising from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including but not limited to reasonable attorney's fees and costs awarded against or otherwise incurred by Advanced Trichology and/or Advanced Trichology Representatives in connection with or arising from any such claim, suit, action or proceeding.
16. Limitation of Liability
We will not be liable to you for any indirect, incidental, special or consequential damages of any kind (including, without limitation, loss of revenue or goodwill or anticipated profits or loss of business) under or with respect to this Agreement, even if Advanced Trichology knows or should know of the possibility of such damages. Furthermore, in no event shall Advanced Trichology’s cumulative liability arising under or with respect to this Agreement or the Program exceed the total reimbursement paid to you under this Agreement.
17. Taxes; Independent Contractor
You are solely responsible for all federal, state and local taxes associated with the reimbursement that we pay you under the Program. We will not withhold such taxes on your behalf. By participating in the Program, you acknowledge and agree that: (i) you are an independent contractor; and (ii) you will not make any representations or commitments to clients/customers (or any other party) on behalf of Advanced Trichology.
18. Miscellaneous Terms
Each party is an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. This Agreement is not assignable or transferable without prior written consent from Advanced Trichology. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in San Diego County in the State of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Prior to instituting litigation on any matter related to this Agreement, you agree to submit such matter to mediation in Carlsbad, CA. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Advanced Trichology relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. This Agreement will inure to the benefit of Advanced Trichology, its successors, assignees and licensees.