Affiliate Terms & Conditions
Foreword
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results, please email us at support@energymdmethod.com
Best regards,
Evan H. Hirsch, MD
Affiliate Agreement
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ENERGYMD, LLC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in EnergyMD's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the EnergyMD web site. Please note that throughout this Agreement, "we," "us," and "our" refer to EnergyMD, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the HighLevel server. 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 application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "EnergyMD" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. 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
EnergyMD or any other affiliated business.
2.2. As a member of EnergyMD's 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 EnergyMD website) 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.
2.3. EnergyMD 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.
2.4. The maintenance and the updating of your site 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.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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.
3. EnergyMD Rights and Obligations
3.1. We have the right to monitor your site 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 EnergyMD Affiliate Program.
3.2. EnergyMD reserves the right to terminate this Agreement and your participation in the EnergyMD Affiliate Program immediately and without notice to you should you commit fraud in your use of the EnergyMD Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, EnergyMD shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
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 Energy MD's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in EnergyMD's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
6.1 EnergyMD uses a third party to handle all of the tracking of commissions and payments. The third party is the HighLevel affiliate network. Kindly review the network’s payment terms and conditions.
6.2 EnergyMD uses a third party to handle payment of all commissions. The third party Paypal. Kindly review the network’s payment terms and conditions.
6.3 EnergyMD requires you to setup a Paypal account when you sign up to be an affiliate for payment. We only payout commissions through Paypal so if you do not setup a Paypal account, then you will not be paid.
6.4 EnergyMD will pay all affiliates on the second Friday of the month and at least 31 days after the purchase of the product by the consumer (since there is a 30 day refund period).
7. Access to Affiliate Account Interface
You will create a password so that you may enter HighLevel’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions EnergyMD 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 EnergyMD. 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 (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 customers to promote EnergyMD so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote EnergyMD 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 EnergyMD. 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 EnergyMD Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as EnergyMD, www.energymdmethod.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from EnergyMD’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in EnergyMD's service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited EnergyMD's site (i.e., no page from our site or any EnergyMD’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of EnergyMD site in IFrames, hidden links and automatic pop ups that open EnergyMD’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of EnergyMD's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of EnergyMD and the good will associated therewith will inure to the sole benefit of EnergyMD.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Disclaimer
ENERGYMD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ENERGYMD SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ENERGYMD ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. 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;
11.2. You have the full right, power, and authority to enter into 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;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
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 ENERGYMD'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.
13. Indemnification
You hereby agree to indemnify and hold harmless EnergyMD, 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.
14. Confidentiality
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.
15. Miscellaneous
15.1. 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 EnergyMD. 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.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. 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.
15.7. 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.
Affiliate Application
After your application is completed, one of our team members will reach out!
Welcome to the EnergyMD Affiliate Program
This is an exciting opportunity to promote this awesome program on resolving fatigue to your community. Our Affiliate program offers a chance to earn high monthly commissions paid directly to your PayPal account.
Treating Sex Hormone Imbalances
Sex hormones are that are involved in the regulation of sexual development and reproduction. The primary sex hormones are estrogen, progesterone, and testosterone. Men and women have all of these, just in different amounts and ratios...
When men and women have low energy caused by an imbalance in their sex hormones, it is usually from different hormones. For men, it is usually due to a testosterone deficiency. For women, it is usually due to estrogen and/or progesterone imbalances.
Sex Hormones & Low Energy
The symptoms of menopause are no joke. They are incredibly uncomfortable and can change the quality of your life significantly. When a woman comes to me with menopausal symptoms, she is usually pretty desperate for relief. I use both natural and pharmaceutical therapies to get her that relief.
Treating Thyroid Disease
I am a big believer in natural medicine. It can be very powerful and work very well. I prefer to use it as long as the natural treatment is safe and strong. Unfortunately, when treating low thyroid, we usually need both the natural and the prescription treatments. In college, I learned from playing the card game euchre not to “send a boy to do a man’s job.” In medicine, this means using the treatment that you know will work. If I think a natural treatment will work, but I know that a medication will work, I should use the medication as long as there are no significant side effects. This is because I want to make sure you get results right away so that you can get your life back
Treating Thyroid Disease
Thyroid disease is one of the most common health problems we face today. The majority of people with thyroid dysfunction have hypothyroidism. Hypothyroidism (“hypo” means low) is a condition where the amount of thyroid hormone in your body is less than what is needed for optimal function. According to the American Thyroid Association, more than 12 percent of the US population will develop a thyroid condition during their lifetimes, and more than half will be unaware that they have a problem. Women are five to eight times as likely as men to develop thyroid problems.
Advanced Adrenal Recommendations
Last week, I went over the recommended supplements to treat Adrenal Fatigue. This week I’ll go over adrenal recommendations as well as a plan to reduce stressors.
Treating the physical symptoms is only the first step. Once you start to feel better, it’s important to begin addressing the causes of the problem: the sources of stress that compromised your adrenals in the first place.
Testing & Supplement Options for Adrenal Fatigue
Last week we discussed the main symptoms as well as the causes of adrenal fatigue. This week, I will focus on testing and supplement options for treatment.
If you have most of the symptoms listed last week, you probably have adrenal fatigue. However, how do we test for adrenal dysfunction?
How Adrenal Fatigue Causes Chronic Fatigue
This week I will discuss how adrenal fatigue is a primary cause of chronic fatigue.
It's estimated that up to 80% of adults experience adrenal fatigue during their lifetimes, yet it remains one of the most under-diagnosed illnesses in the United States. Conventional medicine does not yet recognize adrenal fatigue as a distinct syndrome
Food Allergies & Low Energy
Food allergies can cause almost any symptom the body can manifest, including low energy. The gastrointestinal tract maintains a delicate balance of good bacteria, specialized immune cells, and various neurological and hormonal activities. In fact, 80% of your immune system resides in your gut, so anything you put in your mouth can trigger a reaction. Once your digestive system detects what it considers a “foreign particle,” your immune system reacts, and the inflammation that follows creates pain and dysfunction.
Food and Your Energy
Food is a touchy subject, especially if you’re not feeling well. We have a lot of emotional attachments to it, and it can give us joy at times when nothing else can. However, food allergies play a significant role as a cause and contributor to fatigue and, as a doctor, I have seen amazing improvements in the health of my patients when they change their food choices.
The EnergyMD Program
It took me 10 years of medical practice to find all the causes and treatments needed to resolve fatigue and distill them into an amazing online program!
How You Can Make Money?
Every time you send traffic to any of your affiliate links, the subscriber will be tagged as your referral for 1 year.
Once they purchase our program, you will receive a commission based on any of the programs they purchase. (Please note: If someone purchases with a payment plan, you will receive the paid out monthly over the payment plan).
There is a 30-day refund policy, so once this period has passed, the commission will be deposited into your PayPal account.
Affiliate Resources
Get access to our Affiliate Resources Area.
You'll have access to our Banners, Email Swipe copy and Social Media copy.
Once you join the Affiliate Program, you will receive an email with all of this information as well.
How to Earn BIG As an Affiliate for the EnergyMD Program?
Have me on your podcast or summit to promote the program!
Let's do a Facebook or YouTube Live together
Interview me on your Summit or Podcast
Offer some kind of value added bonus for signing up
Do blog posts to attract people to discover the program
Post one of our banners to your Facebook Page
Send out a Tweet with your affiliate link for people to sign up
Send out an email at least 2 times to your list
Run a Facebook Ads campaign
Success Stories
Amber's Story
"MY ENERGY IS MUCH BETTER, I FEEL LIKE WORKING OUT AGAIN"
"I was tired. I had really poor quality sleep. I had very intense joint pain everywhere. It was in my neck, my knees, and my lower back. I had a lot of muscle cramps and random wrist pain and other random pains all over the place. ... now I have no more palpitations, insomnia, anxiety attacks or muscle cramps... Energy is much better and I sleep like a baby. My neck feels great, my knees feel great. I'm able to hike and run without problems now. I feel like working out again, which makes me happy.""
Will's Story
"NOW ON A DAILY BASIS I WOULD SAY (MY ENERGY) IS A 10."
"It was really hard for me to get out of bed. I had to sustain myself with caffeine throughout the day and right when I come from work, it's basically just a crash on the couch. . . I started with probably an energy of 3 or a 4, and now on a daily basis I would say it's a 10. It's just amazing! Now I make it though the day with no caffeine, no crashes, I get off work, I have like the same energy I did at 10 am, so now coming home is like an enjoyable experience.
Christy's Story
"I CAN DO THINGS NOW THAT I COULDN'T DO BEFORE"
"I had a lot of fatigue. I was tired. I would come home from work and lay down, then get up and have dinner, then go back to bed. I was running a business with 30 employees and couldn't handle the stress. I had seen doctors and business coaches, but nothing helped. My energy was a 3/10. Since the EnergyMD Program, my energy is much better. I can handle stress at work. I can enjoy the time outside of work with my kids. My energy is now a 9/10.
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