TERMS AND CONDITIONS OF NATURAL HEALTH INTERNATIONAL AFFILIATE PROGRAM
Enrollment in the Symphony Natural Health ("SNH") previously known as Natural Health International Sales & Distribution (“NHI”) Affiliate Program is subject to the following terms and conditions:
1. Obligations of the Parties:
a) Affiliate shall have the opportunity to promote all NHI products and its programs in
accordance with the terms of this Agreement.
b) Affiliate shall promote and market our products and programs using only promotional materials supplied or approved by NHI. Promotional material (emails, landing pages, ads, social media posts) must be consistent with NHI’s branding and shall not be false or misleading.
c) Affiliate shall direct potential purchasers of NHI products and programs to the dedicated links provided by NHI.
d) The Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulation, including, without limitation, CAN-SPAM.
NHI will pay commissions from the sale of Products as follows:
35% of Net revenues*
*Net revenues is defined as Gross Sales less returns and per-unit fulfilment and shipping costs ($15 for all Himalayan Crystal Salt orders and $5 for all other Supplement orders).
• Unless otherwise explicitly stated, live physical events, membership programs, and external
promotions are excluded from Affiliate commissions.
Commissions will be tracked via dedicated unique links provided by NHI. Each Affiliate
and super Affiliate is required to use the link provided in advance of the promotion, in order to
enable proper tracking. Commissions cannot be paid if the Affiliate fails to use the correct link.
Commissions will be paid for revenue received net of short-term returns. Commissions will be
paid within 30 days of the completion of any promoted launch – completion including the end of
the 60 day money-back return guarantee as well as the completion of any payment plans (where applicable).
All payment processing shall be performed by NHI.
None of the parties hereto shall, during the term of this Agreement or at any time thereafter,
communicate, divulge or use for the benefit of any other person, persons, partnership,
association, corporation or entity any of another party’s confidential information, knowledge
or know-how. A party hereto shall divulge such information only to its employees,
financial advisors and legal representatives, as must have access thereto in order to satisfy its
obligations hereunder. All parties shall take all necessary precautions to ensure that their
employees retain such information in confidence.
4. The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any
party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee
or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party
to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of NHI.
a) Upon thirty (30) days prior written notice, either party may terminate this Agreement.
b) NHI may terminate this Agreement immediately, for cause, which shall include but not be limited to:
i. Conduct by Affiliate which detracts from the good reputation of NHI and
ii. Complaints from consumers about Affiliate;
iii. Misuse of the names or images of products or speakers who appear in NHI
Program’s in a manner not consistent with the goals, branding and intent of NHI and its programs;
iv. Any deviation by Affiliate from the highest standards of professional and commercial conduct; or
v. Affiliate’s breach of the terms of this Agreement.
6. This Agreement sets forth all of the terms of NHI’s Affiliate program
7. The parties hereby agree to save and hold each other (and their respective corporate
Affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities,
damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees
and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason
of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants,
agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b)
any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or
promotion of NHI’s programs.
8. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any
claims or causes of action relating to the performance of either party will be settled by arbitration by the
American Arbitration Association in San Francisco, California in accordance with the Federal Arbitration Act
and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration
proceedings will be borne by the losing party if such party is found to have been in material breach of its
obligations hereunder. This Agreement to arbitrate will survive any termination or expiration of this Agreement.