CBD BioCare LLC, including all its subsidiaries and affiliates, is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose Personally Identifiable Information (as defined below) about you that you provide us on or through the CBD BioCare website (or any of our website or applications) and any products, services software, tools, applications, features or functionality offered on or through the website (including any CBD BioCare Independent Consultant personal web page provided through the website), (the "Site").
1. Collection of Information by CBD BioCare collects two basic types of information through the Site: "Personally Identifiable Information" ("PII") and "Non-Personally Identifiable Information" ("Non-PII"). Personally Identifiable Information is information that identifies you as an individual. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
a. Personally Identifiable Information You do not have to provide PII to use the Site. However, to take advantage of particular opportunities provided through the Site (for example, to sign up for newsletters) or to place orders for our products, we may require that you furnish PII. We collect PII from you through the Site only when you voluntarily provide it to us. For example, if you decide to complete a user registration form, complete an online survey or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address and telephone number). If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect PII, users registering at the Site must also enter a user name/email address and password. By making a purchase, you become a registered user of cbdbiocare.com. Once you are a registered user, information needed to make a purchase is stored in your account—such as your credit card number, shipping and billing addresses. If you change your mind about storing this information, you can email us to amend or delete this information. If you would prefer that we not collect any PII from you, please do not provide us with any such information.
b. Non-Personally Identifiable Information When you visit and interact with the Site, CBD BioCare and third parties with whom we have contracted to provide services to it may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from five different sources: (i) server log files; (ii) environmental variables; (iii) cookies; (iv) pixel tags and other similar technologies; and (v) information that you voluntarily provide.
i. Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, administering the Site, analyzing trends, administering the Site, tracking traffic patterns, and gathering demographic information for aggregate use. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. If you access a CBD BioCare website or application via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, location, and other similar mobile device data.
ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.
iv. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
2. Use of Personally Identifiable Information by CBD BioCare
a. Personally Identifiable Information. We may use PII in the following ways:
iii. Other Communications. With your consent (express or implied), the PII that you provide may be used by CBD BioCare to create and deliver to you emails such as our newsletters, surveys or other email messages containing product and event information, cosmetics tips or promotions ("Promotional Emails"). If you prefer not to receive such emails, please opt out when an email is received by unsubscribing.
iv. Purchases. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase.
v. Emails to Friends. We may provide functionality to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may provide us with your friend’s email address so that we can facilitate your sending of such message to your friend.
vii. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.
b. Non-Personally Identifiable Information. We may use the information that you provide in aggregate (Non-PII) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain Non-PII concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer Non-PII with or to our Consultants, licensees and partners and we reserve the right to share such Non-PII, which does not personally identify you, with Consultants and other third parties, for any purpose.
c. In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII as long as it is so combined (see Section 2(a) above).
3. Disclosure of Personally Identifiable Information
a. Service Providers We work with third parties who provide services including but not limited to data analysis, order fulfillment and other services of an administrative nature. We may share PII about you with such third parties for the purpose of enabling these third parties to provide services to us. Such service providers may include customer support specialists, webhosting companies, fulfillment companies (for example, companies that fill product orders or coordinate mailings), data analysis firms and email service providers. Such third parties may be provided with access to PII needed to perform their functions, but may not use such information for any other purpose. Our employees and service providers may be located in foreign jurisdictions, and your personal information may be subject to the laws of those foreign jurisdictions and accessible to law enforcement and other authorities.
c. Third-Party Marketing We will not provide PII about you to third parties for their use in marketing third-party products or services to you without your consent.
d. Emails to Friends Please note that any PII that you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your email address, will of course be disclosed to your friend.
f. Assignment We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of CBD business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
4. Children under 13 We comply with the Children’s Online Privacy Protection Act of 1998. The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals not provide PII through the Site. If you are under 13 years of age, you may browse our Site; however, you may not provide PII to us. For example, you cannot register or make a purchase. Our Sites are not designed for children. We do not wish to collect personal information from children under 13. This policy is designed to protect children. Federal law requires us to take special steps to safeguard children’s privacy. If you register with us and we discover that you are under 13, we will delete such registration. If you are under 13 and want to make a purchase, please ask a parent or guardian to place the order for you.
6. Security We realize that our customers trust us to protect their personal information. We take that task seriously. We maintain physical, electronic and procedural safeguards to protect your personal information. We implement various security measures and tools, such as firewalls, to help protect against the loss, misuse and alteration of the information under our control. For example:
• We use industry-standard Secure Sockets Layer ("SSL") authentication to guarantee the confidentiality of online transactions made on our site. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third-party interception.
• We never display your full credit card number once it is entered. We will only reveal the last four digits of your credit card for verification purposes.
Data transmission over the Internet or data storage system cannot be guaranteed to be 100% secure.
There is always a risk that third parties may unlawfully intercept transmissions. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please notify us of the problem.
7. Measure you can take It is important for you to play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never to reveal it to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer.
7. Other information The Site is controlled and operated by CBD BioCare from the United States, and is not intended to subject CBD BioCare to the laws or jurisdiction of any state, country or territory other than that of the United States. CBD BioCare does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
9. Updating and Accessing Your Information You have the ability to change and/or correct the PII that you provide us by emailing us. You have the right to ask in writing whether we hold any personal information about you, to see that information, and how we collect, use or disclose your personal information. We may not be able to provide you with all the information that you request, depending on the circumstances, and there may be a charge for any copy of personal information requested.
Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. We also reserve the right, from time to time, to re-contact former users of the Site unless the former user has explicitly withdrawn consent. You may withdraw your permission to collect, use and disclose your PII at any time, subject to legal and contractual restrictions and reasonable notice. However, without your permission we may not be able to provide you with the products or services you have requested.
Please note that if you opt-out as described above, we will not be able to remove PII from the databases of Consultants or third parties with which we have already shared PII (i.e., to which we have already provided PII about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related emails from such Consultants or third parties, please contact such Consultants or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
12. Social Commerce and Other Third Parties We work with trusted third parties, including social network sites such as Facebook, and with application and developers who specialize in social commerce, so that we can connect to your social networks. Other social networks we use include Twitter, Pinterest, Instagram, Vine and YouTube. All of these companies operate Third-Party Sites. We provide access to our Site by third parties and business partners so that we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by us or by the third party. If you do not want us to be able to access information about you from Third Party Sites, you must instruct Third-Party Sites not to share the information. We cannot control how your data is collected, stored, used or shared by Third-Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. CBD BioCare is not responsible for how these third parties may use information collected from or about you. However, we do identify any areas on our Site where third parties share information about you.
13. Comments/Complaints If you have any questions, comments, concerns or complaints about the Site’s privacy practices, please contact us by email. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
May 5, 2017
This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of CBD BioCare Affiliate Marketing Program, and the establishment of hypertext links from your Website or any other means, to include email communications and/or software applications to www.CBDBioCare.com for the purpose of you earning Referral Fees from Qualifying Purchases made by third parties who have navigated to our website www.CBDBioCare.com via said hypertext links.
May 5, 2017
As used in this Agreement, “we”, “us”, “CBD BioCare” or “CBDBioCare.com” means CBD BioCare, and “you”, “your” or “Affiliate” means the affiliate. “Website” individually and collectively means your website and/or e-mail communications and/or software applications. CBD BioCare by which participating entities place links on their Website that connect to the CBDBioCare.com website and/or e-mail communications and/or software applications for which a referral fee is earned.
The terms “Qualifying Purchase”, “purchase”, “sale” or “Affiliate sale” used in this Agreement mean a CBDBioCare.com paid purchase by users during a visit to CBDBioCare.com following navigation to the designated URL on CBDBioCare.com through a hypertext link from you under this Affiliate Marketing Program.
“Net Proceeds” will mean the gross proceeds received by CBD BioCare.com from Qualifying Purchases on CBDBioCare.com, less costs and expenses attributable to taxes, shipping and handling, fraud, bad debts, and duties.
The terms “Referral Fee” or “commission” used in this Agreement mean moneys duly earned by, payable to, or previously paid to the Affiliate in regard to the aggregate Net Proceeds received from Qualifying Purchases made at CBDBioCare.com under the terms of this Agreement and the Affiliate Marketing Program, and acknowledged as such by CBDBioCare.com at its sole discretion.
“$”, “dollar” or “dollars” mean US Dollars.
2. Term of The Agreement
The term of this Agreement (the “Term”) will begin upon our acceptance of your application to enroll your site in the CBDBioCare.com Affiliate Marketing Program, such application signifying your acceptance of this Agreement.
The term shall be for a period of one (1) year from said acceptance, and shall automatically renew for successive one (1) year terms unless either Party gives thirty (30) days’ notice to the other that it intends not to renew the Agreement at the end of the current term.
CBD BioCare will make available to you, or you will create, subject to our approval, a textual link in order to link to cbdbicare.com. You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on the cbdbiocare.com website designated by us via a special tagged link format. You will be responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement.
Landing Pages: Affiliate landing pages are non refundable.
4. Forbidden Actions
This Agreement will be terminated without notice if, in its sole discretion, cbdbiocare.com determines that the Affiliate has breached any or all of the following explicitly prohibited actions. THE AFFILIATE WILL FORFEIT ANY ACCUMULATED EARNINGS IF THE AGREEMENT IS TERMINATED UNDER THIS PROVISION.
Click Fraud: Affiliate shall not, either directly or indirectly, act, encourage or require users to click on links to CBDBioCare.com and/or generate clicks or orders through any means that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent.
Inappropriate Content: No Link will be placed on any page or screen that contains content that: incites, encourages, advocates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; incites, encourages, advocates or promotes illegal activities including, but not limited to, violence against persons or property, terrorism, armed insurrection, piracy or treason; incites, encourages, advocates or promotes the sexual abuse or exploitation of children and minors; violates the intellectual property rights of third parties; or contains or promotes deceptive information.
Own Purchases: Affiliate shall not use their own affiliate link in order to receive commissions on their own purchases.
Solicitations: Affiliate shall not solicit CBD BioCare affiliates to sell any other goods or services.
5. Referral Fees
CBD BioCare will pay you a Referral Fee equal to a minimum of 20% of the aggregate Net proceeds received from Qualifying Purchases, minus taxes and shipping fees made at CBDBioCare.com.
CBD BioCare shall track users who access CBDBioCare.com from the Affiliate’s website via an affiliate link with a cookie containing the Affiliate’s identification, and that expires in 180 days following said visit. The cookie containing the Affiliate identification will be replaced with the cookie of another affiliate if the user subsequently accesses CBDBioCare.com from the link of the other affiliate. A Qualifying Purchase made prior to the expiration of the cookie will be attributed to the Affiliate link provider whose Affiliate identification is recorded in the cookie associated with that website user.
You are only eligible to earn a Referral Fee on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the product orders are not canceled. Your referral commission will be paid out as long as it is over $25 or it will carry over to the next payment period. It is your responsibility to provide either Venmo or banking information so we can complete your referral payment. If we owe you a referral fee we will reach out to you by phone and email in an effort to contact you for payment information. If we do not hear back from you within 30 days we have the right to forfeit your earnings. Please contact us @biocare through Venmo or send us an image of a blank check, again so we can pay you when money is due.
Payments here-under will be in accordance with reports made available on the CBDBioCare.com website of Qualifying Purchase for which Referral Fees are payable.
Referral fees will be paid on or about the 15th of each month. If during any calendar month referral fees do not exceed twenty-five dollars ($25.00), then you may not receive payments until the following calendar month during which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier.
No payment will be made to Affiliate for sales that result in refunds or returns and, at its own discretion, CBDBioCare.com will withhold payment for at least 15 days’ time to ensure against cancellations or refunds.
Payments shall be made in US Dollars via direct deposit as nominated by the Affiliate in the name of the party and address provided by Affiliate. Affiliate shall be responsible for all taxes associated with the receipt of any payments
8. Representations and Warranties; Limitation of Liability
Each of us hereby represents and warrants that:
- it has full power and authority to enter into this Agreement and to perform its obligations here-under;
- it has obtained all permits, licenses, and approvals required for its performance under this Agreement;
- the services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.
CBD BioCare will remain solely responsible for the operation of the CBDBioCare.com website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT CBDBIOCARE.COM MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER CBD BIOCARE NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. CBD BIOCARE’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER.
9. Fulfillment and Policy
CBD BioCare will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed customers of CBD BioCare.
To protect the privacy of CBD BioCare’s customers, all information about customers and users collected by CBD BioCare shall be owned solely and exclusively by CBD BioCare.
All rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.
10. Intellectual Property Rights
CBD BioCare hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use CBD BioCare’s trade names, logos, trademarks and service marks (the “CBDBioCare.com Marks”) on your website and/or e-mail communications and/or software applications solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the CBDBioCare.com Marks will be subject to CBD BioCare’s prior written approval.
You hereby grant to CBD BioCare, during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Websites and to use your trade names, logos, trademarks and service marks (the “Affiliate Marks”) solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval.
Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s marks except as set forth herein is strictly prohibited.
We agree to indemnify, defend and hold harmless you and your affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by us for display on your site.
You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including
reasonable attorney’s fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of your site.
12. General Provisions
i. You and we will each monitor and periodically test the general availability and operation of our respective Websites and/or e-mail communications and/or software applications.
ii. You and we are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.
iii. In its performance of this Agreement and in the operation each party’s respective Websites, you and we each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, you and we each will pay, collect and remit such taxes as may be
imposed with respect to any compensation, royalties or transactions under this Agreement.
iv. Neither you or we will be considered to be in breach of, or default under, this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written to the other and will use commercially reasonable efforts to minimize the impact of the event.
v. You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
vi. The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
vii. This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.
viii. If any provision of this Agreement will be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.
Termination Without Cause: CBD BioCare may modify or terminate this Agreement without cause. Please note that CBD BioCare reserves the right to change any of the terms and conditions in this Agreement, including the payment terms described in herein, by posting a new agreement on the cbdbiocare.com website.
Termination For Cause: CBD BioCare may terminate this Agreement without notice if in its sole discretion it determines that Affiliate has breached the terms and conditions of this Agreement. AFFILIATE FORFEITS ANY ACCUMULATED EARNINGS IF AGREEMENT IS TERMINATED FOR CAUSE.
The Affiliate may terminate this Agreement, at any time, with or without cause, by giving at least seven days (7) days written notice of termination to CBD BioCare.
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Florida, United States. Any action to arising here-under will be brought in the federal or state courts, located in the Florida.
15. Service Of Notices
Any notices under this agreement will be given in writing. Notices may be given by electronic mail to email@example.com .
Affiliates will comply with our compliance policy.