Affiliate Agreement

PLEASE READ THE ENTIRE AGREEMENT.


1. Overview:


This Agreement contains the complete Terms and Conditions that apply to you becoming an Affiliate in SyktoHealth's Affiliate Program. The purpose of this Agreement is to enable HTML linking between your website and SyktoHealth's vendor websites, regulating commission payments on customer sales generated through these links. Throughout this Agreement, "we," "us," and "our" refer to SyktoHealth, and "you," "your," and "yours" refer to the Affiliate.


2. Definitions:


"SyktoHealth" refers to SyktoHealth, [include additional information about your company, e.g., location, registration details].

"Affiliate" means an individual or entity accepted into SyktoHealth's Affiliate Program.

"Affiliate Program" refers to our marketing affiliate program, as described in this Agreement.

"Affiliate Agreement" is this document and its associated materials.

"Affiliate Lead" refers to a customer prospect who clicks on the Affiliate Link provided by SyktoHealth.

"Affiliate Link" is the unique tracking link you place on your site or promote through other channels.

"Affiliate Policies" means the policies applicable to Affiliates, provided by SyktoHealth.

"Commission" denotes the amount of money described in the Affiliate Acceptance Notification - calculated as a percentage of each Customer Transaction.

"Customer Transaction" is an order placed, paid for, and delivered to a customer without a return, who has come to one of SyktoHealth's vendor websites via an Affiliate Link.


3. Non-Exclusivity:


3.1 This Agreement does not create an exclusive agreement between you and SyktoHealth. You and we both have the right to recommend similar products and services of third parties and to work with other parties.

3.2 SyktoHealth strictly prohibits the use of paid advertising to promote our company. Affiliates are expected to refrain from engaging in any form of paid advertising, including but not limited to pay-per-click campaigns, sponsored content, or any activities that involve monetary compensation for promotion.


4. Affiliate Conduct Obligations:


4.1 Honest and Truthful Representation: We expect the content of any review to be a truthful and honest expression of personal opinion based on direct experience or research.

4.2 Promotion Standards: Affiliates are required to adhere to certain reasonable standards, and SyktoHealth reserves the right to reject applications or terminate accounts if your site is deemed unsuitable. Unsuitability includes, but is not limited to, promotion of sexually explicit materials, violence, discrimination, illegal activities, or activities deemed objectionable by SyktoHealth.

4.3 Website Design: Your website or any other platform operated by you should not explicitly or implicitly resemble SyktoHealth's vendor websites. Designing your platform to mislead customers into believing you are affiliated with SyktoHealth is strictly prohibited.

4.4 Legal Compliance: It is your responsibility to comply with all applicable intellectual property and other laws related to your site. You must have explicit permission to use any copyrighted material.

4.5 No Self-Purchases: Affiliates may not purchase products through their affiliate links for personal use, and doing so may result in voiding of commission and/or termination of this Agreement.

4.6 Legal and Tax Responsibilities: Affiliates acknowledge their legal responsibilities when offering commentary or product reviews. Additionally, awareness of financial and taxation responsibilities is required.


5. Becoming a SyktoHealth Affiliate:


5.1 To become an Affiliate, you must submit a complete Affiliate Program application. We will evaluate your application and notify you of its acceptance or rejection.

5.2 We reserve the right to reject any application, at our sole discretion, for any reason. Reapplication after rejection is allowed.


6. Running an Affiliate Account:


6.1 Once accepted into the Affiliate Program, you will be given access to your Affiliate Account. You are solely responsible for maintaining the confidentiality of your login information.

6.2 You agree to provide accurate and complete information when enrolling in the Affiliate Program.


7. Promotion Restrictions:


7.1 General Restrictions: Affiliates are strictly prohibited from engaging in any form of paid advertising to promote SyktoHealth. This includes but is not limited to pay-per-click campaigns, sponsored content, social media ads, and any other methods that involve direct financial compensation for promotion.

7.2 Email Marketing: Affiliates are permitted to use email marketing to promote SyktoHealth, provided that such emails comply with applicable laws and regulations, including anti-spam laws. However, the use of purchased email lists or any form of deceptive subject lines or content is strictly prohibited.

7.3 Social Media Promotion: While social media promotion is allowed, Affiliates must not use paid advertising on social media platforms to promote SyktoHealth. All social media promotion must comply with the terms and policies of the respective social media platform.

7.4 Coupon and Deal Websites: Affiliates are not permitted to promote SyktoHealth on coupon or deal websites through paid listings or advertisements.

7.5 Trademark Usage: Affiliates may not bid on or use SyktoHealth's trademark, including any variations or misspellings, in any paid advertising or marketing channels.


8. SyktoHealth Rights and Obligations:


8.1 SyktoHealth reserves the right to monitor your promotional activities at any time without notice to ensure compliance with this Agreement. You agree to cooperate fully with any such monitoring.

8.2 SyktoHealth has the right to terminate this Agreement immediately, without notice, if we determine that you have engaged in paid advertising to promote our company, in violation of the Agreement.

8.3 SyktoHealth may suspend your Affiliate Account for investigation if issues or allegations arise, and such suspension may last up to 28 days, with the possibility of renewal. During the suspension, commissions may be frozen.


9. Payment:


9.1 Commissions are earned based on valid customer transactions resulting from legitimate referrals. Commissions will only be paid for transactions that do not involve a violation of the promotion restrictions outlined in Section 7.

9.2 Payment Currency: All transactions and payments will be conducted in the currency determined by SyktoHealth.

9.3 Payment Threshold: A minimum payment threshold of $100 is in place. Payments will only be made if the accrued commissions exceed this threshold.

9.4 Payment Method: Payments will be made via PayPal™ to the email address registered on the Affiliate platform at the time of payment.

9.5 Currency Conversion: SyktoHealth is not responsible for currency conversion rates, and any fees associated with conversion are the responsibility of the Affiliate.


10. Modification:


10.1 SyktoHealth reserves the right to modify any terms and conditions of this Agreement at our sole discretion. Affiliates will be notified of any modifications via email.

10.2 If an Affiliate finds any modification unacceptable, their only recourse is to terminate this Agreement. Continued participation in the Affiliate Program after 30 days of the modification notice indicates acceptance of the changes.


11. Termination:


11.1 Either party may terminate this Agreement at any time, with or without cause, by providing written notice. Termination can be in the form of mail or email. Additionally, this Agreement will terminate immediately upon any breach of this Agreement by you.

11.2 Payment of commission requires the Affiliate to have an Affiliate profile in good standing when payment is due. Termination by any party will result in the loss of any unpaid commission.


12. Grant of Licenses:


12.1 SyktoHealth grants you a non-exclusive, non-transferable, and revocable right to:

(a) Access our designated sites through HTML links, strictly in line with the terms of this Agreement.

(b) Use logos, trade names, trademarks, and similar identifying materials (collectively, the "Licensed Materials") authorized by SyktoHealth for the sole purpose of promoting our products or services.

(c) Utilize the Licensed Materials only as long as you remain a member in good standing of the Affiliate Program. All uses of the Licensed Materials will be on behalf of SyktoHealth.

12.2 Both parties agree not to use the other’s proprietary materials in any disparaging, misleading, obscene, or negative manner. Each party retains all rights to its respective materials covered by this license.

12.3 Content Usage License: CC BY-NC-SA (Attribution-NonCommercial-ShareAlike)


(I) Articles:


(a) You are granted a non-exclusive, non-transferable, and revocable right to use the articles and content provided on the SyktoHealth website (the "Licensed Content") under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY-NC-SA 4.0).


(b) Affiliates are permitted to create a summary or concise version of the original article, adding value by indicating their insights and learnings.


(c) Affiliates must provide a prominent link to the full, original article on SyktoHealth within their content.


(d) Affiliates are strictly prohibited from deleting the summarized version of the article on their respective sites. A perpetual display agreement is hereby established, requiring the perpetual retention and display of the summarized content on their sites.


(e) This Content Usage License and Content Retention Clause apply exclusively to affiliates of SyktoHealth.


(II) YouTube Shorts:


(a) Affiliates are granted the right to copy and use only SyktoHealth's YouTube shorts or short videos from our YouTube channel under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY-NC-SA 4.0).


(b) Affiliates must copy the exact description of the video and add a disclaimer at the top of the description, explicitly stating that the video is the property of SyktoHealth.


(c) Affiliates are strictly prohibited from changing or altering any part of the videos they copy.


(d) Affiliates must not delete the videos they copy. A Content Retention Clause or Perpetual Display Agreement is established, requiring the perpetual retention and display of the copied videos on their platforms.


(e) This Content Usage License and Content Retention Clause apply exclusively to affiliates of SyktoHealth.


13. Disclaimer:


SYKTOHEALTH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.


14. Representations and Warranties:


You, the Affiliate, represent and warrant that:

14.1 This Agreement has been duly and validly executed and delivered by you, constituting a legal, valid, and binding obligation enforceable against you in accordance with its terms.

14.2 You possess the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement, without requiring the approval or consent of any other party.

14.3 You hold sufficient right, title, and interest in and to the rights granted to SyktoHealth in this Agreement.


15. Limitations of Liability:


SYKTOHEALTH WILL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES LOSS OF REVENUE, GOODWILL, ANTICIPATED PROFITS, OR LOST BUSINESS, EVEN IF SYKTOHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SYKTOHEALTH’S CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.


16. Indemnification:


16.1 You agree to indemnify and hold harmless SyktoHealth, its subsidiaries, affiliates, directors, officers, employees, agents, shareholders, partners, members, and other owners against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees). These losses may arise from:

(a) Any claim that your use of trademarks infringes on any third-party rights.

(b) Any misrepresentation or breach of covenant and agreement made by you herein.

(c) Any claim related to your site, including content therein.


17. GDPR and Privacy:


17.1 Both parties shall comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR). You agree to obtain all necessary consents from your users for the collection and processing of personal data as described in this Agreement.

17.2 SyktoHealth may process personal data provided by you for the purposes of this Agreement. SyktoHealth agrees to implement reasonable security measures to protect such data from unauthorized access.


18. Confidentiality:


18.1 During the term of this Agreement and thereafter, you agree to keep confidential all non-public information provided by SyktoHealth or learned by you through the performance of this Agreement.

18.2 You shall not disclose such confidential information to any third party without the prior written consent of SyktoHealth. This obligation shall continue for a period of two (2) years after the termination of this Agreement.


19. Miscellaneous:


19.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof.

19.2 This Agreement may only be amended in writing and signed by both parties.

19.3 You may not assign this Agreement without the prior written consent of SyktoHealth.

19.4 This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction].

19.5 Any dispute arising under or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the [Arbitration Association], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.