|Conversion action||Online purchase with processed valid payment|
|Cookie days||180 days|
|Commission type||Percent of Sale|
|Base commission||10.00% Product specific|
Golden Isles Medical, Inc. dba Dr. Anna Cabeca (“Dr. Anna Cabeca” or “we”) is a wellness company that has developed several products and services to improve the lives of women (“Products and/or Services”). Dr. Anna Cabeca is offering you (“Affiliate” or “you”) the opportunity to earn commissions off of sales of the Products and/or Services to a customer (“Customer”) by placing a link to purchase the Products and/or Services from Dr. Anna Cabeca on your social media accounts, in emails and on your website (“Affiliate Services”). Affiliate desires to provide the Affiliate Services pursuant to the terms and conditions of this Agreement.
By applying to become an affiliate, you agree to be bound by this Agreement. You must read and accept this Agreement. If you do not agree to be bound by this Agreement, you may not become an affiliate. To enroll as an affiliate you must submit an application and be approved. Dr. Anna Cabeca has the sole and absolute discretion to accept or reject your application.
You represent and warrant to Dr. Anna Cabeca that all information in the application or provided by you is true, accurate, complete, and not misleading. Upon acceptance of your application, Dr. Anna Cabeca will provide to Affiliate an unique URL (“Affiliate URL”) allowing Dr. Anna Cabeca to track your sales of the Products and/or Service and pay you commissions on your sales.
Affiliate will receive the commissions posted on Dr. Anna Cabeca’s website for the Products and/or Services purchased through the Affiliate URL. Commissions will not include chargebacks, refunds and returns. Commissions are given for any purchases made by a Customer within ninety (90) days of the original click of the Affiliate URL. Commissions are received from a Customer for the six (6) months after the Customer’s initial purchase through the Affiliate URL or after a Customer becomes a lead by providing his or her email address and/or name and email address to Dr. Anna Cabeca. Affiliate is responsible for ensuring the Affiliate URL is accurate and properly coded.
Payment is made through the PayPal® account or Stripe® account provided to Dr. Anna Cabeca when you join. Affiliate is responsible for notifying Dr. Anna Cabeca of any changes to the account information. Changes to email addresses associated with the account are especially important. Dr. Anna Cabeca is not responsible for any issues with payment if Affiliate has not notified Dr. Anna Cabeca of changes to the account in a timely manner.
3. Prohibited Acts
Affiliates may not 1) collect payments from customers; 2) fulfill orders placed by customers; 3) sell any Products or Services outside of the Affiliate URL or code; 4) give away any of the Products or Services; 5) make any statements about the Products and/or Services apart from ones made by Dr. Anna Cabeca; 6) purchase key words that include Dr. Anna Cabeca’s trademarks or any other terms associated or affiliated with the Products and/or Services on any search engine or advertising space; and/or 7) promote any coupon codes for the Products and/or Services apart from the Affiliate URL.
To the extent that you acquire consumer email addresses or other personally identifiable information from customers who purchase the Products and/or Services or who otherwise contact you as a result of your use of the Affiliate URL, you agree that in an attempt to make sales through the Affiliate URL: (a) you will not use such information in any activity that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;” (b) you will only use such information in compliance with all applicable laws and regulations, including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Telemarketing Sales Rule, 16 C.F.R. pt 310 (2004), and all other laws and regulations governing email marketing and telemarketing; and (c) you will protect the privacy of the consumers who disclose personal information using reasonable measures.
You understand and agree that Dr. Anna Cabeca may review and ask you to delete any content on your website or social media used in connection with the Affiliate URL and/or Advertising Material that, in the sole judgment of Dr. Anna Cabeca, violates this Agreement, or which might be offensive or illegal, or that might threaten the safety of, violate the rights of, or otherwise harm others who will purchase or have purchased the Products and/or Services. You are solely responsible for the content that you create.
4. Order Fulfillment
Dr. Anna Cabeca will fulfill the orders placed by Customer via the Affiliate URL or codes. All Customers who purchase Products and/or Services through the Affiliate URL are customers of Dr. Anna Cabeca.
5. Intellectual Property Rights
Dr. Anna Cabeca solely and exclusively owns all title and interest in and to all copyright, patent, trade secret, trademark, moral, termination, authorship and authorship, right of publicity, and other proprietary rights (collectively “Intellectual Property Rights”) in the Products and/or Services. The Products and/or Services are protected by applicable intellectual property and other laws. You will not acquire any right, title, or interest therein under this Agreement or otherwise.
6. Advertising Material License
During the term of the Agreement, Dr. Anna Cabeca grants you a limited, nonexclusive, revocable license to access and use the advertising materials such as banners and designs located at www.drannacabeca.com to promote the Products and/or Services (“Affiliate Advertising Material”) for the purposes of selling through the Affiliate URL and pursuant to the terms and conditions in this Agreement (“License”). The License does not include the right to use any other advertising material such as logos and other trademarks and graphics owned by Dr. Anna Cabeca. Affiliate may not use any of Dr. Anna Cabeca’s trademarks in a URL. If you use any advertising apart from the Affiliate Advertising Material, Dr. Anna Cabeca may revoke the License granted to you.
The Affiliate Services shall at all times be in accordance with first class quality standards in the wellness industry. Failure to maintain these standards of quality may result in the immediate termination of the License by Dr. Anna Cabeca.
Either Dr. Anna Cabeca or Affiliate may terminate the Agreement at any time with or without cause. Upon the effective date of termination of the Agreement: (a) Affiliate will stop use of the Affiliate URL and remove it from all websites and social media; (b) all licenses granted hereunder shall terminate immediately; and (c) all Affiliate Advertising Material shall be removed from Affiliate’s websites and social media.
Dr. Anna Cabeca may, but shall have no obligation to, terminate this Agreement if it is determined in our sole discretion any content found on Affiliate’s website or social media is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s Intellectual Property Rights or this Agreement. Such illegal or unauthorized content includes content that:
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this section.
Dr. Anna Cabeca cannot guarantee and does not promise any specific results for Affiliate regarding the sale of the Products and/or Services. No advice or information, whether oral or written, obtained from Dr. Anna Cabeca or through or from the Affiliate Services shall create any warranty not expressly stated herein.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DR. ANNA CABECA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND/OR SERVICES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY DR. ANNA CABECA. IN NO EVENT SHALL DR. ANNA CABECA BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF AFFILIATE. THE TOTAL LIABILITY OF DR. ANNA CABECA ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE SUM OF THE COMMISSIONS ACTUALLY PAID TO AFFILIATE UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
9. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Dr. Anna Cabeca from and against any third party claim arising from or in any way related to your provision of the Affiliate Services, including any loss, cost, expense, damage, liability, or alleged liability (including costs of court and reasonable attorneys’ fees) related to or arising from or in connection with (a) the breach of any provision of this Agreement by you, (b) the violation or alleged violation of any law with respect to your provision of the Affiliate Services, (c) any actual or alleged infringement of any Intellectual Property Right or other right of any third party arising from or relating to your provision of the Affiliate Services, or (d) any allegation that any content posted by you in connection with the Affiliate Services is libelous or infringes the contractual or any other right of any other party.
Dr. Anna Cabeca shall not be liable for any failure or delay in its performance under the Agreement due to any cause beyond its reasonable control, including act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, acts of third parties, failures of third party software or equipment, power or electrical failures and internet and connectivity failures.
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Glynn County, Georgia.
If for any reason a court of competent jurisdiction finds any provision or portion of these Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
You may not broker, resell, assign or transfer any of your rights or obligations under this Agreement.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Dr. Anna Cabeca and Affiliate.
This Agreement constitutes the entire agreement between you and Dr. Anna Cabeca with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Agreement by a party will be effective only if in writing and signed by a party.
Your privacy is very important to us and we are committed to respecting the privacy of the visitors to all of our sites. We are very careful with what we do with your information.
SECTION 1 – HOW WE COLLECT AND WHAT WE DO WITH YOUR INFORMATION
When you access or purchase something from our store:
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, email address or telephone number.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
When you visit one of our websites:
We may collect and store personal or other information that you voluntarily supply to us online while you are visiting one of our websites and you “opt in” to receive our newsletters, blogs, emails and promotional communications.
We only contact individuals who specifically request that we do so or who have signed up to receive our messaging, purchased one of our products or programs, attended one of our programs or events or who have responded to a promotional campaign. The information we use is provided to us by you.
We use the information we collect from you while you are using our sites in a variety of ways, including using the information to customize features; advertising that appear on the sites; and making other offers available to you via email, direct mail or otherwise.
Information we may collect from social networking sites:
If you choose to log into our services through Facebook Connect, we will request your permission to collect the following information about you: your e-mail address, name, profile picture, cover photo, friends, gender, networks (e.g., school), age range, language, country, and other information that you have chosen to make public. We may append this information to other information that we collect about you. If you “like” us on Facebook, we also may collect your email address. We may also post to your Facebook wall.
We may also provide your information to third parties, such as service providers.
SECTION 2 – THIRD-PARTY SERVICES
We do not sell your personal information to third parties.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our store or websites, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 3 – CONSENT
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example, on message boards, web logs, through email, or in chat areas, that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
How do I withdraw my consent?
Your information related to visiting our sites is stored at the list server that delivers our content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver email to those who would like to receive it.
All of the messaging or emails that we send to you include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at:
Dr. Anna Cabeca, Vida Pura Health
PO Box 30062 Sea Island Georgia US 31561
SECTION 4 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets; or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
SECTION 5 – OUR STORE
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment/Purchase Transaction Information:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify's Terms of Service or Privacy Statement.
SECTION 6 – OUR STORE’S SECURITY
To protect your personal information, our store via Shopify, Inc. takes reasonable precautions and follows industry best practices to make sure your information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Here is a list of cookies that we use in our store. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 – AGE OF CONSENT
This site is not directed to children under the age of 18 and we do NOT knowingly collect personally identifiable information from children under the age of 18 as part of any of our sites. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 18, we will delete such information from our records. It is not our intention of offer any of our products, programs or services to minors.
SECTION 10 - General Data Privacy Regulation (GDPR)
The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union citizens.
As a company that markets its site. Content, products and/or services on line we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site or services or products is governed by GDPR, we will abide by the relevant portions of the regulation.If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”
To make any of these requests, please contact our GDPR contact at [email protected]
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected] or by mail at
Dr. Anna Cabeca, Vida Pura Health
[Re: Privacy Compliance Officer]
PO Box 30062 Sea Island Georgia US 31561