Rules and Legal Info
TERM OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your Associate application and will end when terminated by either party. Either the Associate or Dr. Harold Katz, LLC may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Associate is only eligible to earn referral fees on sales occurring during the term.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
LIMITATION 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 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 to this Agreement.
This company has a zero tolerance policy for SPAM. Any Associate accused of SPAMMING will be immediately suspended while the company, in their sole discretion, determines the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed to you.
Associate Commissions will not be credited until up to 5 days after the purchase has been made, or until the order has been shipped - whichever is longer. If a customer receives a refund for a product after the Associate commission was credited and/or paid, Dr. Harold Katz, LLC reserves the right to subtract the commission amount from Associates' commission that month or in future months.
Dr. Harold Katz, LLC agrees to pay commissions for all regularly advertised retail items. These items and their retail prices include any products listed for sale on the therabreath.com main website. The only products for sale that are NOT commissionable are the Hydrofloss and Sonicare
Associates are not eligible to earn commissions on their own purchase of any Dr. Harold Katz, LLC product.
Associates will earn a minimum of 20% commissions in the first tier and 5% commissions in the second tier. This means that if an Associate refers a customer to Dr. Harold Katz, LLC, the Associate will earn 20% of the sale price paid by that customer - that is a first tier commission. If Associate 1 refers Associate 2 to Dr. Harold Katz, LLC and Associate 2 refers a sale to Dr. Harold Katz, LLC - Associate 1 will earn 5% of the commissionable sale price paid by the customer - that is a second tier commission. Dr. Harold Katz, LLC may offer Associates a higher or lower commission level in either the first or second tier based on performance, promotion or product.
TRACKING OF SALES
Company will be solely responsible for tracking sales using special software that communicates with the specially encoded URL's assigned to Associates. Company will endeavor to do its best to ensure accurate tracking of referrals made by Associates. Associates will themselves be solely responsible for ensuring that these special URL's are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsiboility by Company to track sales, Associates hereby acknowledge and accept that the tracking system employed by the Company is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an Associate for any of the following possible reasons:
Failure by the Associate to use the proper format of the specially assigned URL so that our software is unable to accurately track that sale.
Deliberate or accidental actions by customers to circumvent an Associate's special URL so that our software is unable to accurately track that sale.
Bugs, glitches or crashes of the tracking software that render it unable to accuralteyl track sales for a period of time.
Acts of nature that cause the irretrievable data loss on the computers and back-up disk media that store the communication information.
As such, Associates will not hold Company liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.
TAX REPORTING REQUIREMENT
United States Associates (individual/resident/corporation/business) must provide Dr. Harold Katz, LLC with a completed W-9 Federal Tax form before Dr. Harold Katz, LLC will issue a check to the Associate. Dr. Harold Katz, LLC agrees to issue a 1099 to Associates only if they reach the maximum payout allowed under Federal tax law (currently $600 - 3/30/01). Dr. Harold Katz, LLC will provide Associates with the necessary form.
This Agreement will be governed by the laws of the United States and the State of Michigan, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Oakland County, Michigan, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our 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. I accept these terms and wish to register.
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 THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.