Last Modified: May 17, 2021
These Terms and Conditions govern the Affiliate Program that is made available by Imalac, Inc. ("Imalac", "we" or "us") and represent the whole agreement and understanding between Imalac and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this Affiliate Agreement (the “Agreement”) carefully as it represents a legally binding agreement between you and Imalac. By your use of the Affiliate Program, you agree to comply with all the terms and conditions set out in this Agreement. Imalac may terminate your Affiliate Account at any time, with or without notice, for conduct that Imalac believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
Imalac may, from time to time, provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Imalac. Imalac will track users who have visited these Referral Links using cookies which expire after 60 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Partner Portal.
The Affiliate may use the Referral URL generator found in the Affiliate Partner Portal to generate custom links to a particular page or for a specific campaign; however properly coded links are the sole responsibility of the Affiliate. The Affiliate is otherwise not authorized to modify or alter the Referral Links or the cookies in any way. Imalac is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
For a referral to generate a commission to an Affiliate, a customer must complete the checkout process and meet all of the the following criteria (deeming that customer a Qualified Referral):
1. The referral must either:
a. Purchase an eligible product and remit full payment, or
b. Purchase an eligible product through our Afterpay Payment Plan
2. The referral’s total discounts for the order do not exceed 15% of the total retail value
3. The referral does not return the order within 60 days (previously paid commissions, if any, for returned and refunded orders will be owed to Imalac and shall be discounted from future commissions paid to the Affiliate)
The Affiliate is entitled to receive commissions for each Qualified Referral that is recorded in the Affiliate Partner Portal per the Affiliate Commissions and Payout Table below.
Nurture Breast Massager
Nurture Battery Pack
All Affiliate commission payments are payable in United States Dollars only. Within two weeks following the close of each month, payments will be made for eligible commissions by direct transfer using our payout service or through payment processing platforms such as PayPal, Moneybookers, or similar. Depending on the option you select, you will either register your bank account or debit card, or provide an email linked to payment service companies like PayPal. This is accomplished in the Affiliate Partner Portal. The Affiliate is responsible for providing Imalac with full and accurate details that are required to remit the Affiliate’s earnings, and is solely responsible for any delays in payment resulting from its failure to do so.
Imalac reserves the right to recalculate, void, or disqualify any referrals or Affiliate commissions in the event of any fraudulent, deceptive, or otherwise illegal activity. If you dispute any payment made or withheld relating to this Agreement, you must notify us in writing within 30 days of any such payment. Failure to do so will waive any claim relating to the disputed payment. You are responsible for providing and maintaining accurate contact information in your account and providing Imalac all information we may reasonably request to comply with tax or other laws or regulations. You are responsible for all taxes relating to this Agreement, except taxes on our net income.
Promotions and Advertising
Imalac hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use Imalac logos, videos, images, user testimonials and other assets available in the Affiliate Partner Portal for the sole purpose of promoting Imalac’s products within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws. In connection with your Affiliate activities hereunder, you shall not engage in any unlawful, unfair, deceptive, or abusive marketing practices. At all times, you must clearly represent yourself and your web site(s), if applicable, as independent from Imalac.
Grant of Licenses
Imalac grants to the Affiliate 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 agree that all uses of the Licensed Materials will be on behalf of Imalac and the good will associated therewith will insure to the sole benefit of Imalac.
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.
Either party may terminate the Affiliate's participation in the Affiliate Program with immediate effect for cause or by giving the other party thirty (30) days written notice of termination. Imalac reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Agreement, or for conduct that Imalac, in its sole discretion, deems to be harmful to its business or any third party. Upon termination, the Affiliate will lose access to their Affiliate Dashboard.
Imalac may change or modify this Agreement, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Agreement to this web address:
The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Agreement. If modifications impact the products covered or commission rates payable to Affiliates, Imalac will also communicate this information to each Affiliate via the email provided by the Affiliate during program registration.
Imalac makes no express or implied representations or warranties regarding Imalac’s website or the products or services provided therein or any other subject matter of this Agreement, and Imalac hereby fully disclaims any and all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we make no representation regarding the results of your participation in our Affiliate Program or 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.
Representations and Warranties
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 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; and you have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Confidential and Proprietary Information
As an Affiliate, you may receive, observe, directly or indirectly, or have access to certain proprietary and other confidential technical and business information of Imalac (the "Confidential Information"). You agree that during the term of this Agreement and after its expiration or early termination, you will not use any Confidential Information for any purpose whatsoever except as necessary to perform services as an Affiliate under this Agreement or as requested by Imalac in writing. You further agree not to disclose any Confidential Information to any third party without the express written permission of Imalac. Confidential Information does not include that information which (a) is already known to you before commencement of this Agreement; (b) is lawfully obtained by you, directly or indirectly, from a non-party who is under no obligation of confidentiality; (c) is or becomes publicly available other than as a result of an act or failure to act by you; or (d) is required to be disclosed by you under applicable law or legal process. You also agree that all documents, equipment and other property furnished to you in connection with the Affiliate Program is and will remain the sole confidential and proprietary property of Imalac and shall be returned to us upon the earlier of our request or the expiration or termination of this Agreement. This paragraph survives the expiration or earlier termination of this Agreement.
Limitations of Liability
Imalac will not be liable 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 Imalac's cumulative liability arising out of or relating to this Agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total fees paid to you under this Agreement in the preceding six (6) month period.
You hereby agree to indemnify and hold harmless Imalac, 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") arising out of or relating to your activities in connection with this Agreement or your participation in our Affiliate Program, including, without limitation, any Losses relating to (i) any claim that our use of your trademarks or other provided materials infringes on any intellectual property or proprietary right of any third party, (ii) any misrepresentation, fraud, abuse, negligence or breach of this Agreement by you, or (iii) any claim relating to your site, products or services.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between you and Imalac. You will have no authority to make or accept any offers or representations on our behalf and you will not make any statement that implies anything to the contrary. Neither party may assign its rights or obligations under this Agreement to any party, except that we may assign this Agreement to a successor to all or substantially all of our assets or business. 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 Imalac 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.