Affiliate Agreement

Definitions

Customer: The user sent to The Company site via affiliate link

Affiliate / You: The publisher advertising links/promotions of The Company

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website www.merachfit.com.

Enrollment in the Affiliate Program

We offer an automatic approval process for the Affiliate Program. If your website meets our requirements, we will approve your application automatically. We regularly review our affiliate network and reserve the right to remove any affiliate whose website does not comply with our policies.

Prohibited Sites/Verbiage

• Sites that promote sexually explicit material or violence.
• Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.
• Sites that promote illegal activities.
• Sites or verbiage making medical claims in regards to our

No Spamming

As an affiliate of our company, you agree not to engage in any form of spamming activity in promoting our products or services. Any form of spamming by the affiliate, including but not limited to emailing individuals or entities in bulk or by single mailing who have not directly requested the information from the affiliate, is strictly prohibited.

Any violation of this policy will result in the immediate termination of the affiliate's account, cancellation of any pending commissions, and may also result in legal action being taken against the affiliate, including being held liable for any financial loss incurred by our company as a result of such spamming activity. Any service interruptions to our website as a result of affiliate spamming will be billed to the affiliate at 500 U.S. dollars per hour until service is restored.

 

The only exceptions to this policy are:

 

• Mailing to appropriate opt-in mailing lists where the source does the mailing on the affiliate's behalf, provided that the affiliate exercises extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against the affiliate, resulting in suspension or termination of the affiliate's account.
• Including information about our company in email Acknowledgement Messages for orders and inquiries received, provided that it is stated upfront that the affiliate will be sending an acknowledgement.
• Posting advertisements about our company on websites or platforms where such advertisements are explicitly allowed and within the terms and conditions of such websites or platforms.

By joining our affiliate program, you agree to these terms and acknowledge that any violation of this policy may result in immediate termination of your affiliate account and forfeiture of any pending commissions.

 

Promotion of Our Affiliate Relationship

As part of the Affiliate Program, we will provide you with Links (also referred to as "Links" or "Link") and banners that you may display on your website. These Links will identify your site as a member of our Affiliate Network and will link to our website.

 

Links:

We will provide you with Links consisting of graphic images or text, which we may modify from time to time in our sole discretion. These Links will connect your site directly to ours, allowing users to purchase any product(s) described or referenced on your site.

 

Agreements Regarding Links:

 

By utilizing Links, you agree to display only the graphic images we provide and to substitute them with new images we provide throughout the term of this Agreement. All Links may be modified and/or expanded from time to time with mutual agreement. Any Link connecting users of your site to our site will not alter the look, feel or functionality of our site. Additionally, we encourage (but do not require) you to include a Link to the home page of our site.

 

PPC Bidding Rules

Publishers are prohibited to bid on the following:

• Branded/trademarked terms
• Derivatives of branded/trademarked terms
• Broad-match based on branded/trademarked terms

 

Paid Search publishers are also not allowed to use the brand name Cherrybrook in:

• Display URL
• Title & Ad Copy

You may bid on the branded/trademarked terms of MERACH's competitors, as well as link directly to MERACH from a Paid Search Ad.

Affiliates are also prohibited from bidding on the following trademarks, domain names and or variations of them:

 

MERACH

MERACH Rowing machine

MERACH Exercise bike

MERACH Treadmill

MERACHfit

MERACH Fitness

MERACH Rower

MERACH Supplies

 

Our Responsibilities

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

 

Contests and Promotions:

• As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
• Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.
• The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreemen

 

Compliance with the Agreement:

We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

We will monitor for FTC compliance to ensure disclosures are adequately added

 

Your Responsibilities

You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations.

 

Policies and Pricing

Customers who buy The Company’s products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.

Customers sent to The Company must be the end user of the product/service. If Affiliate is placing order on behalf of the customer, approval of this promotional method must be explicitly provided by The Company.

 

Publicity

You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

 

Licenses and Use of the The Company’s logos and Trademarks

• WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.
• You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.