Terms and Conditions
This Agreement (“Agreement”) contains the complete terms and conditions concerning The Medical Supply Depot, Inc, D/B/A: The Medical Supply Depot.com Affiliate Program, the purpose of which is the establishment of a link (hereinafter, “The Medical Supply Depot.com Affiliate Link”) from your website to our website, "THEMEDICALSUPPLYDEPOT.COM" (the “The Medical Supply Depot.com Website”). Please note that The Medical Supply Depot.com Affiliate is administered through the ShareASale
This is a legally binding agreement. By completing and submitting the online application, you acknowledge that you have read, understand and agree to be bound by this operating agreement.
Submit a complete application via The Medical Supply Depot.com Website. Your application will be evaluated in good faith and we will notify you of its acceptance or rejection. Your application may be rejected if we determine (in our sole discretion) that your site is unsuitable for The Medical Supply Depot.com Affiliate Program. Unsuitable sites include, but are not limited to, those that promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; include “THEMEDICALSUPPLYDEPOT or MEDICALSUPPLYDEPOT,” any other trademark of The Medical Supply Depot Inc. or its affiliates, or variations or misspellings of any of them, in their domain name or other HTML tags, including page titles, meta-tags, or HTML comment tags, or in any paid search programs. By participating in The Medical Supply Depot.com Affiliate Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to The Medical Supply Depot.com Affiliate Program at any time. If subsequent to the acceptance of your application, your site is determined (in our sole discretion) to be unsuitable for The Medical Supply Depot.com Affiliate Program, we may immediately terminate this Agreement at any time without notice. Only those parties that lawfully can enter into and form contracts under applicable law can participate in The Medical Supply Depot.com Affiliate Program.
2. The Medical Supply Depot.com Affiliate Link
As a The Medical Supply Depot.com Program member, we will make available to you a variety of graphic and textual links (“The Medical Supply Depot.com Affiliate Links”), which, subject to the terms and conditions of this Agreement, you may display on your Web site. The Medical Supply Depot.com Affiliate Link will serve to identify your site as a member of our The Medical Supply Depot.com Affiliate Program and will establish a link from your site to ours.
In return for us providing you with The Medical Supply Depot.com Affiliate Link, you agree to cooperate fully with us in order to establish and maintain The Medical Supply Depot.com Affiliate Link. You also agree that you will display in your site only those graphic or textual images that are provided by us, and you will immediately substitute such images with any new images that are provided by us from time to time throughout the term of this Agreement.
Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to The Medical Supply Depot.com Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to The Medical Supply Depot.com domain name.
You also acknowledge that we (and our agents) may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc…) Therefore, you agree that we and our agents may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates, consultants and agents may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).
By participating in The Medical Supply Depot.com Affiliate Program, you consent to us sending you occasional email updates regarding the program.
You will not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on The Medical Supply Depot.com Website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or The Medical Supply Depot.com Website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in The Medical Supply Depot.com Affiliate Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
You acknowledge The Medical Supply Depot.com’s ownership in its licensed materials, agree that you will not do anything inconsistent with The Medical Supply Depot.com ‘s ownership and that all of your use of the licensed materials will inure to the benefit of and on behalf of The Medical Supply Depot.com, and, if requested, agree to assist The Medical Supply Depot.com in recording this Agreement with appropriate government authorities. You agree that nothing is this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the title of The Medical Supply Depot.com to the licensed materials or the validity of the Licensed Materials or this Agreement.
3. Order Processing
Only items that were purchased by customers who use The Medical Supply Depot.com Affiliate Link from your site to The Medical Supply Depot.com Website are considered “direct sales.” Direct sales placed through the Medical Supply Depot.com Affiliate Link on your site are reduced by items that are not shipped, cancelled by customers, returned, charged back or refunded at a later date. We reserve the right to exclude items ordered by you (using The Medical Supply Depot.com Affiliate Link which would otherwise qualify for direct sales) and to not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of The Medical Supply Depot.com Affiliate Program, or to reject orders that do not comply with any requirements that we periodically may establish. The Medical Supply Depot.com will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using The Medical Supply Depot.com Affiliate Link from your site to The Medical Supply Depot.com Website. A statement of activity is available to you on the Affiliate’s software.
Direct Sales earn 5% Commissions.
Commission payments are made via check and Direct Deposit on the 20th of each month. These payments are made to those affiliates who have reached the $50 minimum BEFORE the end of the previous month (less any taxes required to be withheld under applicable law). For example, if an affiliate earns $50 by the end of February, they are paid those commissions on March 20th. If the affiliate did not reach the $50 minimum until March 1st, those commissions would be paid on April 20th. If your participation in The Medical Supply Depot.com Affiliate Program terminated and your commissions are less than fifty dollars ($50.00), such commissions shall be forfeited.
5. The Medical Supply Depot.com Policies
Customers who buy products through this The Medical Supply Depot.com Affiliate Program are customers of The Medical Supply Depot.com. All of The Medical Supply Depot.com ‘s standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.
Publishers are not permitted to bid on The Medical Supply Depot.com or Medical Supply Depot.com name, including any variations or misspellings. Publishers are prohibited from optimizing websites and pages for the term TheMedicalSupplyDepot.com or MedicalSupplyDepot.com in any variation. Publishers are not permitted to display our website URL TheMedicalSupplyDepot.com or MedicalSupplyDepot.com, including any variations or misspellings in PPC or paid advertising. Publishers found to be in breach of our usage guideline will be permanently excluded from the program. Any sales generated from a violation of these terms and conditions will not be paid.
7. Responsible for Maintaining your Website
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
8. Compliance with Laws
As a condition to your participation in The Medical Supply Depot.com Affiliate Program, you agree that while you are a The Medical Supply Depot.com Affiliate Program member you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a The Medical Supply Depot.com Affiliate Program member. Without limiting the foregoing obligation, you agree that as a condition of your participation in The Medical Supply Depot.com Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email.
9. Term of Agreement
The term of this Agreement will begin upon our acceptance of your The Medical Supply Depot.com Affiliate Program application and will end when terminated by either party. Either you or we may 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, you will immediately cease use of, and remove from your site, all links to The Medical Supply Depot.com Website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with The Medical Supply Depot.com Affiliate Program. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on The Medical Supply Depot.com Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and The Medical Supply Depot.com Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in The Medical Supply Depot.com Affiliate Program following our posting of a change notice or new agreement on The Medical Supply Depot.com Website will constitute binding acceptance of the change.
11. Nature of Our Relationship
You and The Medical Supply Depot.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of The Medical Supply Depot.com. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
12. Limitation on Liability
The Medical Supply Depot.com will not be liable for indirect, special, punitive or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or The Medical Supply Depot.com Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and The Medical Supply Depot.com Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement within the prior twelve (12) months.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE MEDICAL SUPPLY DEPOT.COM AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE MEDICAL SUPPLY DEPOT.COM AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE MEDICAL SUPPLY DEPOT.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
14. The Laws Governing this Agreement
This Agreement will be governed by the laws of the United States and the State of New York, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
15. Spyware and Other Parasites
Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of MERCHANT and/or its partner sites) is subject to punitive actions by MERCHANT, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance. MERCHANT encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by MERCHANT, be provided, MERCHANT reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
16. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE MEDICAL SUPPLY DEPOT.COM AFFILIATE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.