Utopia Silver ­­­Supplements Advertising Associate Program Terms of Service Agreement

By signing up to be an Advertising Associate in the Utopia Silver Supplements (“Advertising Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Utopia Silver Supplements reserves the right to update and change the Terms of Service of this Private Agreement at any time with notice being herein posted. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.utopiasilver.com/wp-content/plugins/Advertising Associate s-manager/tnc.php Violation of any of the terms below will result in the termination of an Advertising Account and for forfeiture of any outstanding commission payments earned during the violation. You agree to use the Advertising Program at your own risk.

Advertising Associate Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Advertising Associate.
  • You must be adult man or woman. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your full lawful name, a current email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Utopia Silver Supplements cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Advertising Associate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Advertising Associate Program to earn money on your own Utopia Silver Supplements product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Advertising Associate Program, you will be assigned a unique Advertising Associate Code. You are permitted to place links, banners, or other graphics we provide with your Advertising Associate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Utopia Silver Supplements . We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Utopia Silver Supplements. You must ensure that each of the links between your site and the Utopia Silver Supplements properly utilizes such special link formats. Links to the Utopia Silver Supplements placed on your site pursuant to this Advertising Associate Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Utopia Silver Supplements product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Advertising Associate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Advertising Associate links should point to the page of the product being promoted.

Referral Fees/Commissions and Payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.utopiasilver.com and complete an order for a product during that session. We will only pay commissions on links that are automatically tracked and reported by our systems. We do not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Advertising Sales Commission percentage are as follows:

  1. The flat advertising commission fee is 7% per month;
  2. If your commission sales average over 1000.00 per month for a 6 month period, you earn an additional commission fee of 3% on the total, making your overall commission 10%;
  3. If your commission sales average over 2500.00 per month for a 6 month period, you earn an additional commission fee of 3% on the total, making your overall commission 13%;

The base percentage is automated within the program, but additional percentages are not. Therefore, it is up to each Associate to monitor their own account and to notify USS at the end of each 6 months period that additional percentages have been earned. The six month periods run from January thru June and July thru December.

Because of administrative costs, payments only begin once you’ve earned more than $100 in Advertising Associate income. If your Advertising Associate account never crosses the $100 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $100 threshold.

Identification as a Utopia Silver Supplements Advertising Associate

You may not issue any press release with respect to this Advertising Associate Agreement or your participation in the Program; such action may result in your termination from the Program. This is an exclusive agreement between Utopia Silver Supplements and the Advertising Associate, exclusive of any customer, vendor, or any other person or legal entity relationship. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Utopia Silver Supplements or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Advertising Associate Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause). You may not purchase products through your Advertising Associate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Advertising Associate Agreement.

Payment Schedule

As long as your current Advertising Associate earnings are over $100, you’ll be paid each month upon request. If you haven’t earned $100 since your last payment, we’ll pay you the following month after you’ve crossed the threshold upon your notification and request.

Customer Definition

Customers who buy products through this Advertising Associate Program will be deemed to be Utopia Silver Supplements customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time without notice. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Advertising Associate responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: – The technical operation of your site and all related equipment – Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site) – The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links) – Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) – Ensuring that materials posted on your site are not libelous or otherwise illegal – Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

As Utopia Silver’s  website and product links may sometimes become outdated and/or change, it is the responsibility of the Advertising Associate to occasionally monitor their product links to the Utopia Silver Supplements website for any changes or revisions.

Governing Law and Compliance with Applicable Laws

The governing law of this Advertising Associate Agreement and Program is the Organic and Common Law (as originally adopted) of the United States of America and of The State of Texas Republic. As a condition to your participation in the Advertising Associate Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, judgments, decisions or other requirements of any governing authority that you have determined has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Advertising Associate Program you will comply with all good and honest business practices that apply to your advertising and marketing of all Utopia Silver Supplements products. This includes, but is not limited to, the use of unwanted spam and the unauthorized use of personal emails and information without the express consent of the owners of that information.

Constitution & Common Law Notices

Term of the Advertising Associate Agreement and Program

The term of this Advertising Associate Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.utopiasilver.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Utopia Silver Supplements reserves the right to end this Advertising Associate Program at any time. Upon program termination, Utopia Silver Supplements will pay any outstanding earnings accrued above $20.

Termination of Agreement

Utopia Silver Supplements, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Utopia Silver Supplements service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Advertising Associate Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Utopia Silver Supplements reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

All Advertising Associates are independent contractors, and nothing in this Advertising Associate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Advertising Associate Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to this Advertising Associate Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Utopia Silver Supplements will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration of Grievance

Any dispute relating in any way to this Advertising Associate Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or the Advertising Associate relationship with us or any other Advertising Associate shall be submitted to confidential arbitration, except that, to the extent the Advertising Associate has in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any State or National court of competent jurisdiction as per original Organic/Common Law. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by Organic/Common Law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Private Advertising Associate Contract will be governed by the Organic & Common (as originally adopted) Laws of The United States of America and of The State of Texas, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of statutory/legal fiction law or otherwise, without our prior written consent. Subject to that restriction, this Private Contract will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. The failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of Utopia Silver Supplements to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire Private Contract between the advertising associate and Utopia Silver Supplements  and govern their use of the Service, superseding any prior agreements between the advertising associate and Utopia Silver Supplements  (including, but not limited to, any prior versions of the Terms of Service).

Any presumption of “prima facie”  evidence used by nay governmental or private legal fiction entity or system to contradict or negate any part of this private Common Law Agreement is hereby rebutted by said agreement. The meaning and definition of all words, terms, or phrases is to be determined only by the managers and owners of Utopia Silver Supplements.

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