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Terms and Conditions

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Affiliate Agreement
THIS IS A LEGAL AGREEMENT BETWEEN THE AFFILIATE AND Scyber Health, LLC (SCYBER HEALTH, LLC). BY CHECKING THE BOX BELOW "I AGREE" THAT I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT I THE AFFILIATE AGREES TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. 
This Agreement contains the complete terms and conditions that apply to Affiliate becoming a member of the SCYBER HEALTH, LLC Affiliate Program. The purpose of this Agreement is to allow linking between Affiliates Web Site and the SCYBER HEALTH, LLC Web Site. This Agreement will become effective upon SCYBER HEALTH, LLC acceptance of Affiliate's completed Affiliate Program Application (the "Effective Date"). SCYBER HEALTH, LLC reserves the right to accept or reject Affiliate's application solely in SCYBER HEALTH, LLC discretion. 
Linking to SCYBER HEALTH, LLC WEBSITES
Links from Affiliate Web Site. Affiliate agrees that within 30 days of the Effective Date of this Agreement, it will include Placements that link from Affiliate's Web Site to the SCYBER HEALTH, LLC Web Site. 
Maintenance and Monitoring of Placements 
Affiliate agrees to link only to those specific Web pages that SCYBER HEALTH, LLC designates in the Placements, and to use only the Placements provided for such purpose. Affiliate may not modify or alter the Placements provided by SCYBER HEALTH, LLC unless for tracking purposes with SCYBER HEALTH, LLC approval. Affiliate may not "frame" or "mirror" any part of SCYBER HEALTH, LLC without the prior written authorization of SCYBER HEALTH, LLC. 
SCYBER HEALTH, LLC has the right to monitor the content on Affiliate's Web Site in a commercially reasonable manner as SCYBER HEALTH, LLC believes necessary to make sure that the Placements are appropriate and to ensure that Affiliate's Web Site otherwise complies with the terms of this Agreement. SCYBER HEALTH, LLC has the right to notify Affiliate of any reasonable changes that Affiliate needs to make to comply with the SCYBER HEALTH, LLC guidelines for the use of the Placements, and to otherwise comply with the terms of this Agreement. 
Affiliate agrees to cooperate with SCYBER HEALTH, LLC in order to establish and maintain any Placements between the SCYBER HEALTH, LLC Web Site and Affiliate's Web Site. Affiliate agrees not to display any link pertaining to SCYBER HEALTH, LLC, for use as a link or otherwise, other than the Placements that SCYBER HEALTH, LLC provides to Affiliate. If SCYBER HEALTH, LLC updates the Placements, Affiliate will replace the old Placements with the new ones within a 72-hour period. 
Affiliate agrees that SCYBER HEALTH, LLC will be allowed to place an identifying tag in each Placement that will identify the origin of a user that arrives to the SCYBER HEALTH, LLC by clicking on the Placement. 
Payments of Referral Fees from SCYBER HEALTH, LLC to the Affiliate 
SCYBER HEALTH, LLC payment of Referral fees will be made on a bi-weekly basis, by SCYBER HEALTH, LLC, and in accordance with their affiliate payment schedule. If Affiliate's unpaid, cumulative Referral Fee earnings are less than $200.00, they will be added to the following pay period. If this Agreement terminates, any Referral Fee due at the time of termination will be paid at the end of the month following termination. 
SCYBER HEALTH, LLC provides the Affiliate with reports that will contain all necessary information as required to calculate the Referral Fees due to Affiliate. 
Commissions are calculated on a daily basis and paid on a 14 day pay period. Pay periods are defined and available within. Initial commissions begin one pay period behind to allow for delivered orders and reconsolidation of order/commission reports. 
Commissions are paid check, PayPal, ACH or bank wires. The charges for bank wires are $25.00 for domestic and $50.00 for international. 
To receive sign-up bonuses, affiliates are required to earn a minimum of $50.00 in commissions. Commissions are defined and established at the time of your acceptance to this agreement. Commission are calculate on the product price, tax and shipping charges are not included.    
Compliance with Applicable Laws
Affiliate is solely responsible for the accuracy and appropriateness of all materials posted on Affiliate's Web Site, and for ensuring that materials posted on Affiliate's Web Site are not defamatory, in violation of copyright laws or otherwise illegal. SCYBER HEALTH, LLC disclaims all liability for these matters. 
Press Releases and Other Publicity 
Affiliate may not create, publish, distribute, or permit any written or electronically transmitted publicity material (including without limitation, advertisements and press releases) that makes reference to the other party, or the other party's Web Site without first submitting the material to SCYBER HEALTH, LLC and receiving its consent in writing (such consent not to be unreasonably withheld). Affiliate may not issue any public statement(s) regarding the relationship without the prior approval of the other party. Notwithstanding the foregoing, SCYBER HEALTH, LLC may issue an initial press release regarding the relationship between the Parties. 
SCYBER HEALTH, LLC prohibits certain forms of advertising. Advertising commonly referred to as "spamming" is unacceptable to SCYBER HEALTH, LLC and could damage our goodwill. Other generally prohibited forms of e-mail include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, Affiliate may not advertise in any way that effectively conceals or misrepresents Affiliate's identity, domain name, or return email address. 
Although SCYBER HEALTH, LLC always requires that its written consent be given for the uses above, SCYBER HEALTH, LLC generally approves mailings so long as the recipient is already a customer or subscriber of Affiliate's services, and recipients have the option to remove themselves from future mailings. SCYBER HEALTH, LLC generally approves newsgroup postings so long as the news group specifically welcomes commercial messages. In all cases, Affiliate must always clearly represent itself and its Web Site as independent from SCYBER HEALTH, LLC. 
Modification 
SCYBER HEALTH, LLC may modify any of the terms and conditions in this Agreement, at any time in its sole discretion. Modifications may include, but are not limited to, changes in the scope of Referral Fees, payment procedures, and SCYBER HEALTH, LLC Affiliate Program rules. If any modification is unacceptable to Affiliate, Affiliate shall have the right to terminate this Agreement. Affiliate's continued participation in SCYBER HEALTH, LLC Affiliate Program following the posting of the change notice or new agreement on SCYBER HEALTH, LLC site will constitute Affiliate's agreement to the changes. 
Term and Termination 
The term of this Agreement will begin on the Effective Date and will end when terminated by either party. Either SCYBER HEALTH, LLC or Affiliate may immediately terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and Affiliate will immediately cease use of, and remove from Affiliate's site, all links to the SCYBER HEALTH, LLC site, and all SCYBER HEALTH, LLC trademarks and logos, and all other materials provided in connection with this Agreement. 
Grant of Licenses 
Subject to the terms of this agreement, you have the nonexclusive, nontransferable and non-sub licensable right to use and display SCYBER HEALTH, LLC trademarks and service marks, only to refer specifically to SCYBER HEALTH, LLC services and products in connection with the Links, and only in the form which SCYBER HEALTH, LLC provides you for such limited purposes. Such referential usage must be truthful, fair and not misleading or disparaging. SCYBER HEALTH, LLC nics trademarks, service marks and logos must not be incorporated into your own product names, trademarks, service names, logos, company names or dba's, and you must not adopt marks or logos that are confusingly similar to SCYBER HEALTH, LLC marks or logos. 
Affiliate grants to SCYBER HEALTH, LLC a non-exclusive, non-transferable, revocable right to utilize Affiliate's name, title, and logo in the advertising, marketing, promoting, and publicizing, in any manner, of SCYBER HEALTH, LLC rights under this Agreement. SCYBER HEALTH, LLC is not under any obligation to so advertise, market, promote, or publicize. 
Each party agrees not to use the other's proprietary materials or intellectual property in any manner that is disparaging or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials and intellectual property covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. 
DISCLAIMER 
SCYBER HEALTH, LLC PROVIDES THE SCYBER HEALTH, LLC WEB SITE AND ALL INFORMATION AND SERVICES AVAILABLE THEREIN, "AS IS" AND MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SCYBER HEALTH, LLC OR ANY SERVICES OR INFORMATION PROVIDED BY ANY MEMBER OF SCYBER HEALTH, LLC. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, SCYBER HEALTH, LLC MAKES NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND SCYBER HEALTH, LLC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 
Representations, Warranties and Covenants
Affiliate represent and warrant that 1) It has full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform its obligations under this Agreement, without the approval or consent of any other party; 2) It has sufficient right, title, and interest in and to the rights granted to SCYBER HEALTH, LLC in this Agreement; 3) That material posted on its Site does not violate or infringe upon the rights of any third party and all applicable copyright and other laws that pertain to it; and 4) It shall not to make any representations or warranties regarding the services provided by SCYBER HEALTH, LLC that are disparaging or that otherwise portray SCYBER HEALTH, LLC in a negative light. 
LIMITATIONS OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SCYBER HEALTH, LLC WILL NOT BE LIABLE TO AFFILIATE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF SCYBER HEALTH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SCYBER HEALTH, LLC CUMULATIVE LIABILITY TO THE COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO THE COMPANY UNDER THIS AGREEMENT. 
Indemnification
Affiliate agrees to indemnify and hold harmless SCYBER HEALTH, LLC and its employees, directors, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against SCYBER HEALTH, LLC based on or arising from any claim resulting from Affiliate's breach of the warranties and covenants in Section 9. Affiliate agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by the other party in connection with or arising from any such claim, suit, action, or proceeding. 
Confidentiality
In connection with the activities contemplated by this Agreement, each party may be permitted at the discretion of the other access to confidential and proprietary technical or business information of the other party, including without limitation (i) proposals, ideas or research related to possible new products or services; (ii) financial statements and other financial information; (iii) any reporting information required by the Agreement; and (iv) the terms of this Agreement and the relationship between the Parties (collectively, "Confidential Information"). Confidential Information may include, without limitation business or technical information, such as business, financial, marketing, and product development plans, forecasts, strategies, techniques, and information; business operation and systems; names, expertise, and other information concerning employees; customers, consultants; and/or vendors; trade secrets; discoveries; ideas; inventions (whether patentable or not); improvements; research; development, know-how, designs, products, compositions, prototypes, computer programs, code, algorithms, formulas, processes, and schematics. Each party will take reasonable precautions to protect the confidentiality of each of the other party's Confidential Information, which precautions will be at least equivalent to those taken by such party to protect its own Confidential Information. Except as required by law or as necessary to perform under this Agreement, no party will knowingly disclose the Confidential Information of any other party or use such Confidential Information for its own benefit or for the benefit of any third party. Each party's obligations in this Section with respect to any portion of another party's Confidential Information shall terminate when the party seeking to avoid its obligation under such Section can document that: (i) it was in the public domain at or subsequent to the time it was communicated to the receiving party ("Recipient") by the disclosing party ("Discloser") through no fault of Recipient; (ii) it was rightfully in Recipient's possession free of any obligation of confidence owed to the Discloser at or subsequent to the time it was communicated to Recipient by Discloser; (iii) it was developed by employees or agents of Recipient independently of and without reference to any Confidential Information communicated to Recipient by Discloser; (iv) it was communicated by the Discloser to an unaffiliated third party free of any obligation of confidence; or (v) the communication was in response to a valid order by a court or other governmental body or was otherwise required by law. Upon the termination or expiration of this Agreement, each party shall return upon the other's request or otherwise destroy all Confidential Information of the other party in its possession. 
Miscellaneous
Entire Agreement This Agreement constitutes and contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the Parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein. All exhibits attached to this Agreement are incorporated hereby and shall be treated as if set forth herein. 
Relationship of Parties Each party shall be deemed to be independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. The Affiliate shall be responsible for all taxes due on Referral Fees or other payments paid to the Affiliate under this Agreement. 
Assignment Affiliate may not assign its rights or obligations under this Agreement to any party. 
Applicable Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia without regard to the conflicts of laws, rules and principles thereof. 
Severability If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the Parties is effectuated, and the remainder of this agreement shall have full force and effect. 
Survival Sections 8-13 shall survive termination of this Agreement. 
Notices Any notice required under this Agreement may be given by email, fax or written letter. 
General Conditions 
SCYBER HEALTH, LLC reserves the right, at its full discretion, to disqualify any individual it finds to be tampering with the Qualifying process or the operation of the affiliate program or to be acting in violation of this agreement. If we determine, in our sole discretion that the this affiliate program is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper management of the program, then at our sole discretion, we can cancel this program. In the event of your non-compliance with any requirement stated herein, your commission may be forfeited. 
Anti-Predatory Policy 
(a) No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web users' access, view or usage of, or other aspect of the Web users' experience at, any affiliates webpage (as defined below) in a manner that causes or otherwise results in a different experience from that was otherwise intended by such affiliate; 
(b)No Affiliate will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to SCYBER HEALTH, LLC to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of SCYBER HEALTH, LLC with respect to any individual transaction. 
No Auto Cookie Setting Allowed 
You agree not to auto-set a cookie on the user's browser in any way. Auto-setting cookies or causing forced clicks by way of popups or pop-unders that open the merchant's site without a click, framing techniques, redirects, or any other means is not allowed. We reserve the right to expire publishers that are using any type of auto-cookie setting. If you are unclear as to what constitutes auto cookie setting, please contact: affiliates@Scyber Health, LLCllc.com for clarification. 
No Affiliate Spamming Allowed
Affiliate spamming is the practice of duplicating content from the SCYBER HEALTH, LLC website onto your own sites, or engaging in other search engine "spam" tactics.  The following is a list from Yahoo's guidelines on what is NOT allowed: 
  
Pages built primarily for the search engines 
Misuse of competitor names
Multiple sites offering the same content 
Pages dedicated to directing the user to another page 
Pages that have substantially the same content as other pages 
Sites with numerous, unnecessary virtual hostnames 
Pages in great quantity, automatically generated or of little value 
AFFILIATE HAS READ THIS AGREEMENT CAREFULLY AND UNDERSTANDS AND ACCEPTS THE OBLIGATIONS WHICH IT IMPOSES UPON AFFILIATE WITHOUT RESERVATION. AFFILIATE HAS ALSO TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THIS AGREEMENT PRIOR TO ACCEPTING THIS AGREEMENT. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO AFFILIATE TO INDUE AFFILIATE TO SIGN THIS AGREEMENT. AFFILIATE AGREES TO THE TERMS OF THIS AGREEMENT VOLUNTARILY AND FREELY. 
 
Exhibit A Definitions 
Definitions. As used in this Agreement, the terms set forth below shall have the following meanings: 
"Company Site" means the Internet Site operated by the Company. 
"SCYBER HEALTH, LLC Marks" means the trademarks, trade names, service marks and logos of SCYBER HEALTH, LLC that may be delivered by SCYBER HEALTH, LLC to the Company hereunder. 
"SCYBER HEALTH, LLC Site" means the Internet Sites operated by SCYBER HEALTH, LLC. 
"Placements" means (i) graphical links, text links, logos and other promotions that are offered by SCYBER HEALTH, LLC now or in the future that link directly from the Company Site to the SCYBER HEALTH, LLC Site and (ii) other promotions that are offered by the Company now or in the future and link directly to the SCYBER HEALTH, LLC Site. 
"User Data" means data regarding a user provided by such user on the SCYBER HEALTH, LLC Site, including without limitation the user's name, e-mail address, telephone number and other information about the user. 
2008 Scyber Health, LLC, All rights reserved.

I have read, understand and agree to the above terms and conditions.

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