Policies, Agreements, Terms & Conditions



CBD Bio Care Privacy Policy

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").

We may add additional Sites from time to time as we expand our offerings and this Privacy Policy will govern those new Sites when added. You may be accessing our Site from a computer or mobile phone device (through an iPhone or iPad application, for example) and this Privacy Policy governs your use of our Site regardless of the means of access. We also like to interact with you on third party sites where we post content or invite your feedback, including sites such as Facebook, Twitter, Pinterest and YouTube ("Third Party Sites"). This Privacy Policy covers all collection, use and disclosure of Personally Identifiable Information, whether through the Site or otherwise. By using the Site, you agree to the terms of this Privacy Policy and our Terms and Conditions. If you do not agree to the terms of this Privacy Policy and our Terms and Conditions, please do not use 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.

When you submit PII on the Site, you are giving your consent to the collection, use and disclosure of PII about you as set forth in this Privacy Policy. Please note that if you choose to share information about yourself in an open format, such as through a Third Party Site such as Facebook or Twitter, we may consider certain of that information to be public information—and not personal 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.

iii. Cookies and IP Addresses. We and our service providers may use "cookies" on the Site. Cookies are data that a web server transfers to an individual’s computer for record keeping purposes. Cookies are an industry standard used by most websites, and can facilitate users’ ongoing access to and use of a particular website; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. We are continuously working to make your experience on our Site better. To this end, we generally use Google Analytics (or other similar web analytics tool) to assist us in better understanding your use of our Site. Such web analytics tool may place cookies on your computer to collect information on our behalf that will show us how you come to our site and how you use and navigate our Site. Some of our other business partners and service providers may also use cookies on the Site. However, we have no access to, or control over, these cookies and do not accept any responsibility for such use.

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.

v. Information That You Voluntarily Provide. CBD BioCare also collects Non-PII (e.g., your interests, your geographic location, age group, gender and product and/or cosmetic concerns, and the brands and products that you use) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Privacy Policy. Please note that if we combine any Non-PII with PII, the combined information will be treated by us as PII as long as it is so combined.

2. Use of Personally Identifiable Information by CBD BioCare

a. Personally Identifiable Information. We may use PII in the following ways:

i. Fulfillment of Requests. CBD BioCare may use PII about you to for the purposes detailed in this Privacy Policy including to send newsletters to you or fulfill your purchase.

ii. Administrative Communications. From time to time we may use PII about you to send to you important information regarding the Site, or changes to our terms, conditions, and policies. If you have elected to provide us with your contact information, for example, by registering on the Site, emailing our Sales Support department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or your order. For example, all registered users will receive a welcome email to confirm their registration. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that CBD BioCare offers its customers. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications unless you explicitly withdraw your consent to our use of your PII as outlined in this Privacy Policy.

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.

vi. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about CBD BioCares use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Privacy Policy, the terms and conditions of such rules shall control.

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.

b. Communications to Consultants When you submit PII on this Site, the information that you provide may be shared with Consultants if you consent by choosing to be associated with a Consultant. If you choose, we may share your name, phone number, email address and order information with Consultants. Consultants may use this information for the purposes outlined in this Privacy Policy, including to follow up on orders you placed on the Site or contact you with other special offers from CBD BioCare.

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.

e. Promotions We may share the PII that you provide in connection with Promotions with third parties sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor’s or other third parties’ use of PII. To the extent that the terms and conditions of such rules concerning the treatment of PII conflict with this Privacy Policy, the terms and conditions of such rules will control. If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that PII about you will be shared with third parties. By choosing to participate and submitting PII with respect to such events, you consent to disclosure of PII about you to such third parties. CBD BioCare is not responsible for and disclaims all liability for any use of the information that you choose to provide to such third parties.

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).

g. Law Enforcement; Emergencies; Compliance Notwithstanding any other provision of this Privacy Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate: (a) to comply with legal process; (b) to respond to governmental requests; (c) to enforce our Terms and Conditions; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of CBD BioCare, you or others; and (f) to permit us to pursue available remedies or limit the damages that we may sustain. We may disclose any information, including PII, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including PII, with other companies and organizations for credit fraud protection and risk reduction.

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.

5. Links The Site may contain links to third-party websites. These linked sites are not under CBD BioCare’s control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by CBD BioCare. If you provide any PII through any such third-party website, your transaction will occur on the third party’s website (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE CONSULTANTS.

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.

8. Transfer of Information Outside Your Home Country Because CBD BioCare is headquartered in the United States, we may have a need to transfer information collected from our non-U.S. customers to the U.S. We may also have a need to transfer our customer information (regardless of where you live) to other countries or places in which we maintain offices or do business. By using a CBD BioCare’s website or application or by otherwise doing business with CBD BioCare, you are agreeing to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy.

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.

10. Choice/Opt-Out You may opt-out of receiving future emails from CBD BioCare when you register at the Site or otherwise provide your contact information to CBD BioCare. Please note that this opt-out only applies to CBD BioCare Promotional Emails and does not apply to communications to serve you (described in Section 2(a)(ii) and 2(a)(iii) of this Privacy Policy) unless you have explicitly withdrawn consent for us to use your PII, or to other communications which may reference CBD BioCare, e.g., from a retail store or Consultant.

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.

11. Updates to Privacy Policy CBD BioCare may modify this Privacy Policy. Please look at the "Last Updated" legend at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the CBD BioCare website. If we make material changes to this Privacy Policy that expand our rights to use the personal information we have already collected from you, we will notify you and provide you with a choice about our future use of that information. Use of the Site following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

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.

Cookie Policy

This privacy policy sets out how this website (hereafter "the Store") uses and protects any information that you give the Store while using this website. The Store is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. The Store may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

  • name
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the List of cookies we collect section.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us this request using our Contact Us information.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

Cookie Name Cookie Description
FORM_KEY Stores randomly generated key used to prevent forged requests.
PHPSESSID Your session ID on the server.
GUEST-VIEW Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.

Affiliate Agreement

May 5, 2017
Affiliate Agreement
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.

1. Definitions

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.

3. Promotion

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.

6. Reporting

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.

7. Payments

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.

11. Indemnification

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.

13. Termination

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.

14. Jurisdiction

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 sales@cbdbiocare.com .

16. Compliance

Affiliates will comply with our compliance policy.