Terms and Conditions
The Wellness Enterprise, Inc. Ambassador Program: This document hereto (the “Agreement”), is between The Wellness Enterprise, Inc., a Texas Corporation (“Company”), and you (“Ambassador”) and is effective as of the date that you click “I Agree to Terms” to this Agreement. By accepting this Agreement, you expressly agree to the terms and conditions set forth in this Agreement. In connection with Company’s sale of structured water devices, Cosmic Towers, VitaJuwel Bottles, Gem Pods, Decanters, accessories, information products and other products available on www.thewellnessenterprise.com and / or www.lovonya.com, hereinafter “Products,” the Company engages Ambassadors, hereinafter “Ambassadors” to provide marketing, advertising, and promotion services offline and through Ambassador’s websites and other online and print materials in exchange for a commission on qualified sales.
Ambassador Responsibilities: Your participation in the Ambassador Program (AP) is solely for the purpose of legally advertising our products and receiving a commission on products purchased by the people you refer. It is your responsibility to do the following: (1) Direct prospects to engage with Company through Company websites or by contacting Company by telephone or email; (2) Be truthful in all representations that you make regarding the Company and/or the Products; (3) Comply with all laws such as those that govern email marketing, anti-spam laws, and FTC Disclosure; (4) Pay for all costs you incur in connection with marketing the Product, including printing, and your website related costs; (5) Ensure that you are able to accept commission payments from Company via PayPal.
Company Responsibilities: Company will provide order processing, shipping fulfillment, and installation related support and services. Company will provide all customer service, both in the ordering and fulfillment process and following shipment of the Product. Company’s customer service telephone number is (857) 254-9880 and its email address is email@example.com. Ambassador may display this contact information on its website and otherwise provide it to potential prospects and customers.
Ambassador Links: Company provides graphic and text links for use on Ambassador website and in emails.
Marketing: Ambassador may use links, graphics and text provided by Company, without prior review. Ambassador may not remove or alter the copyright notice on Company materials. Ambassador may also advertise the website, https://thewellnessenterprise.com/ (“the Site”) in print classified ads, magazines, and newspapers. Such materials must be approved prior to use. For approval, email the proposed advertisement to firstname.lastname@example.org
Restrictions on Sale Prices: The Wellness Enterprise, Inc. intends to have the most competitive offer in the marketplace by offering discounts and bonuses for those who order through us. These may include Free Worldwide Shipping and information bonuses and are subject to change without notice. AMBASSADORS ARE EXPRESSLY PROHIBITED FROM OFFERING ANY SALE OR DISCOUNTED PRICES LOWER THAN THOSE OFFERED BY THE WELLNESS ENTERPRISE, INC. AND POSTED ON WWW.THEWELLNESSENTERPRISE.COM. ANY VIOLATIONS OF THE “RESTRICTIONS ON SALE PRICES” COVENANT WILL LEAD TO IMMEDIATE TERMINATION OF AMBASSADOR PRIVILEGES AND FORFEITURE OF ALL COMMISSIONS FROM THE EFFECTIVE DATE OF THIS AGREEMENT. If you have any questions, call us (857) 254-9880.
Online Ambassador Tracking: When a prospect clicks your Ambassador link, a cookie is set in their browser that contains your Ambassador username. Also, their IP address is tracked in the database along with your Ambassador name. When this person buys a product, the script will look for this cookie and match their IP address to identify the Ambassador who will be awarded the commission. Visitors sent through your Ambassador link may make a purchase later and the commission will still be awarded if the cookie is present in their browser and they are using the same IP address as the one logged in the database. Cookies are tracked for at least 30 days. There are many Ambassadors. In the event that multiple Ambassadors market to the same prospect, the last cookie clicked by the prospect before placing their order will be credited the commission. The best way to make sure you are compensated for your efforts is to follow up with people and make sure they make a purchase when you connect them with the Company. From time to time a prospective customer will click on your link on one device such as a computer and then make a purchase from another device such as an iPad. In these cases, the tracking is lost. Company has a redundant system in place to increase likelihood of commissions being awarded to the Ambassador responsible for the referral. During checkout, customer is shown a mandatory field asking “How did you hear about us?” Specific answers are requested. Not all customers provide clear and specific answers. Company recognizes the key to our success is making sure Ambassadors are compensated for their efforts and as such sales processed without a referring Ambassador will be kept unassigned for one year. Ambassadors who provide reasonable data that confirms they were responsible for having referred an unassigned sale will be awarded the commission. Data credibility is determined at the sole discretion of Company. In the event of confusion about which Ambassador caused a sale, Company will make a decision on a best efforts basis with the information that is available. Company reserves the right to split a commission between Ambassadors at its sole discretion.
Commissions: Commissions are paid on all sales where the referring Ambassador is determined using the methods described above. To receive a commission, Ambassadors must provide a valid Paypal account and keep it up to date. Commission payments are made via PayPal Masspay once per month for “qualified” purchases. In the event of a refund or charge-back after Company pays your commission, the amount of the commission previously paid is due from the Ambassador who received the commission to Company within the month of occurrence. Purchases become “qualified” one month after the order is received by customer. For example: An order received on January 20th is qualified on February 20th and the commission is paid on March 1st. Minimum amount for commission payout is $100. Ambassadors are responsible for any and all fees, exchange rates, surcharges and other expenses incurred in order to receive their commissions. Please check with your local banking institution or PayPal to find out if any of these apply for your account. Company utilizes Paypal MassPay as there are typically no fees to the recipient.
For products sold at MSRP, commissions are 10% of the order amount not including any items for which the company receives no profit such as sales tax. When the order includes discounts or tangible good bonus items, commissions are calculated by reducing the order amount by half of the value of the discount or bonus items and then calculating 10%. Some products are limited to maximum commissions of 10%. These include Cosmic Towers and products that are typically priced under $100 such as Nano Soma, Veritas supplements and ION*Biome trademark of Biomic Sciences LLC.
Ambassadors who refer 4 or more sales within any 60 day period shall receive commission of 15% on future sales except for products that are limited to maximum commissions of 10%. Ambassadors who refer over $10,000 in business within any 90 day period shall receive additional compensation during the period in which referrals are at that level or higher. Additional commissions are solely determined by the company.
Warranty: Any warranties offered are those of the manufacturers and not The Wellness Enterprise, Inc. Company provides no independent warranty beyond that provided by the manufacturers.
Relationship: This Ambassador relationship is one of independent contractors. Company makes no representation that the operation of the service will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruptions or errors.
Use of Trademark: Ambassador may use the trademarks The Wellness Enterprise, Inc, Water Magic, Aqua Energizer and Jivara to refer business to the company.
Changes to Terms of Agreement: Company may change the program or service policies and operating procedures at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your Ambassador account. Your continuing participation in the program will constitute your acceptance of any change.
FTC Disclosure: It is your duty to comply with Federal Trade Commission regulations related to advertising (See http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf for more information.). This includes Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which requires that material relationships be disclosed in endorsements and testimonials.
Termination: This agreement may be terminated by either party at any time for any reason. You are only eligible to earn Ambassador payments during your time as an Ambassador. Confidentiality, non-disclosure and non-circumvent provision of this agreement shall survive termination. If you would like to discontinue your Ambassador status, simply remove your Ambassador links and no longer promote them.
Liability: Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Ambassador tracking failures, loss of database files, and any results of “intents of harm” to the program or Company website(s). Company does not make any expressed or implied warranties with respect to the Ambassador Program and/or products sold at this site. Company makes no claim that the operation of the Ambassador Program and Company website will be error-free and Company will not be liable for any interruptions or errors.
Indemnification: Ambassador shall defend, indemnify, and hold the Company and its respective agents, members, shareholders, directors, employees, and representatives harmless for, from and against any and all claims, actions, causes of action, demands, suits, liabilities, damages, leases, costs, or expenses (including attorneys’ fees, court costs, and costs of settlement) arising out of acts or omissions of Ambassador. This Section shall survive the termination and/or expiration of the term of this Agreement.
Confidential Information: As used herein, “Confidential Information” shall consist of all information, whether in written, graphic, oral, electronic or other form, furnished or disclosed on or after the Effective Date, or previously furnished or disclosed, by Company to Ambassador or Ambassador’s Representatives (“Representative” defined as any director, officer, employee, or agent) and specifically includes, but is not limited to ideas, concepts, business and financial information, graphic representations, product descriptions and information, and marketing and strategic plans. The term “Confidential Information” shall not include any: Information rightfully in the possession of, or already known to, the Ambassador before it was disclosed to Ambassador by Company; Information in the public domain at the time of disclosure, or which, after such disclosure, enters into the public domain through no breach of this Agreement by the Ambassador; Information lawfully furnished or disclosed to the Ambassador by a non-Party without any obligation of confidentiality and through no breach of this Agreement by the Ambassador; or Information independently developed by Ambassador without the use of any Confidential Information.
Ownership of Confidential Information: Company shall remain the sole owner of such Confidential Information. Nothing contained in this Agreement shall be construed as granting or conferring any right or license in the Confidential Information or in any patents, copyrights or other technology, trade secrets or other intellectual property, either expressly or by implication to the Ambassador.
Limits on Use and Disclosure of Confidential Information: Ambassador covenants and agrees that: Confidential Information received by Ambassador from Company shall be used only for purposes of marketing the Products and for no other reason. Specifically, the Confidential Information may not be used by Ambassador or its Representatives to the detriment of Company. Ambassador shall take all reasonable steps to safeguard and protect Confidential Information disclosed by Company from any theft, loss, unauthorized access, unauthorized use or disclosure and accord it at least the same degree of confidential and proprietary treatment as it gives its own confidential and proprietary information. Ambassador shall not, without the prior written consent of Company, disclose by itself or by any of its Representatives, any Confidential Information to any third party.
Responsibility for Representatives: Ambassador shall be solely responsible for any breach of this Agreement by its Representatives, including without limitation, any improper use or disclosure by its Representatives of the Confidential Information.
Jurisdiction and Venue/Governing Law: This Agreement and its application and interpretation shall be governed exclusively by its terms and by the laws of the State of Texas. Any disputes arising out of this Agreement shall be submitted to binding arbitration before the American Arbitration Association in the State of Texas. The Arbitrator’s award shall be final, and judgment on the award may be entered in any court having jurisdiction thereof. Limitation of Liability: OTHER THAN THOSE WARRANTIES SET FORTH HEREIN, COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO DEFECTS IN THE SITE OR THE PRODUCT, AND ANY PARTICULAR APPLICATION OR USE OF THE SITE OR THE PRODUCT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. ALL LIABILITY BY COMPANY HEREUNDER IS EXPRESSLY LIMITED TO ANY AMOUNTS PAID TO COMPANY UNDER THIS AGREEMENT.
General Provisions Entire Agreement: This Agreement and the Exhibits, Schedules and other attachments referred to herein (all of which are incorporated by this reference), if any, collectively set forth the entire agreement between the Parties as to confidentiality, and are subject to no promise, warranty or representation not expressly set forth or referred to herein. This Agreement may not be modified except by an instrument in writing signed by the Party to be bound.
Severability: In the event a court of competent jurisdiction determines that any term or provision hereof is invalid or unenforceable: (i) the remaining terms and provisions herein shall be unimpaired and shall remain in full force and effect, and (ii) the invalid or unenforceable term or provision shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.
Survival of Representations, Warranties, Covenants and Obligations: All representations, warranties, covenants and obligations of the Parties contained in this Agreement shall survive the expiration or termination of this Agreement.
Attorney’s Fees: In the event of litigation brought by any Party to enforce the terms of this Agreement or otherwise relating directly or indirectly to the transactions and agreements reflected herein, the prevailing Party, in addition to any and all other rights and remedies, will be entitled to recover all of its costs of litigation or arbitration, including but not limited to all reasonable attorney’s fee and taxable costs.
Authorization and Acceptance Any individual accepting this Agreement on behalf of an entity represents and warrants that he or she is duly authorized to accept and deliver this Agreement on behalf of such entity, and this Agreement shall be binding upon such entity in accordance with its terms. Publisher acknowledges that it has carefully read and understood this Agreement and by clicking the “click here” link, accepts and agrees to all the terms and conditions contained herein.