Welcome to NuKine Wellness! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
3. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
5. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
6. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
7. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: .
8. Avoiding “Medical Claims” and Abiding by FDA Regulations (agreement required for affiliate account activation and becoming a NuKine Wellness affiliate)
Please contact us at if you have any questions.
You should fully understand the concept of avoiding “Medical Claims” if you are selling Kratom, whether as a vendor or affiliate. If you are either of these, the following applies:
Due to the nature of our industry, we must be selective on who joins our program and have affiliates abide by NuKine Wellness and Food and Drug Administration (FDA) regulations.
This document summarizes the main points of our affiliate terms.
Main Points:
• Affiliates must agree to and abide by FDA regulations. (see: “How to Avoid Medical Claims and Abide by FDA Regulations” insert)
• All marketing created by the affiliate is sole intellectual property and legal responsibility of the affiliate. NuKine Wellness is not responsible for affiliate’s marketing or damages that may occur from it.
• NuKine Wellness reserves the right to terminate affiliates at any time, for any reason.
• There is a zero-tolerance policy for spam of any kind.
• There is a zero-tolerance or any sort of irresponsible or illegal marketing (e.g. comparisons or references to recreational/prescription drugs, getting high etc.)
Mandatory FDA Compliance and “Medical Claims”
The affiliate must abide by FDA regulations, including but not limited to: 21 CFR Part 11 when marketing Kratom or any other NuKine Wellness product. Failure to do so can result in fines (see AFFILIATE PROGRAM TERMS 6. Remedies), civil penalties and criminal prosecution by the FDA.
If we notice that any of your content illegally or irresponsibly markets NuKine Wellness products, we will contact you with the specific content to remove (and any suggested edits).
If we notice that your content violates our affiliate agreement or laws – we will contact you with the specific content that needs to be removed and our suggested edits (if any). Failure to remove the illegal or irresponsible content can result in fines of $1000/per item, per day.
There is no tolerance or acceptable reason for an affiliate to market NuKine Wellness products in non-compliance with FDA regulations or any federal or state law.
All marketing needs to acknowledge and abide by: "Kratom is not intended to diagnose, treat, cure, or prevent any disease."
The main thing is NOT mentioning medical conditions or presenting Kratom as a treatment for any medical condition or disease nor a replacement for any prescription drug / opiate alternative.
For example:
CONSIDERED ILLEGAL for marketing:
Kratom helps my insomnia.
CONSIDERED LEGAL for marketing:
Kratom helps me sleep better.
CONSIDERED ILLEGAL for marketing:
I use Kratom for pain for my degenerative disc disease and anxiety from my opiate addiction.
CONSIDERED LEGAL for marketing:
I use Kratom for help with my physical discomfort and stressful days. (do not mention ‘pain’, ‘anxiety’, or ‘addiction’ - all can be considered medical states)
It is a matter of semantics - a legal versus illegal matter - that can lead to criminal prosecution if you are a business or affiliate if you are not in compliance.
DoTerra has an excellent “Quick Claims Guide” that lays it all out and will tell you what you can say and what you cannot say. Please review their guide. We are here to help too.
I have read and understand the “NuKine Wellness Affiliate Program Summary” and agree to abide by this agreement and laws set forth by the FDA and any applicable federal, state, or local administrative bodies or agencies.
9. Affiliate Program Terms
These Affiliate Program Terms (the Terms) are a binding, legal contract between you, the Affiliate, and ourbusiness, NuKine Wellness LLC, an Pennsylvania limited liability company (the Company). The Affiliate Program(as defined below) is administered by and through the Company pursuant to these Terms, and the Terms of Use and Privacy Policy stated on our website: https://www.NuKineWellness.com/ (Site), which are incorporated into these Terms by reference.
1. Scope
a. Affiliate agrees to only represent the Company, Company products and services as set forthin the official Company Website or Company marketing materials. Affiliate will make noclaims regarding potential income, earnings, products, or services beyond what is stated atthe official Company Website. Affiliate also agrees not to reproduce commission checksor distribute commission checks in any form or by any means.
b. Company makes no representations or warranties whatsoever, regarding potential incomethat may result from participation in Company’s Affiliate Program and Companyspecifically disclaims any and all warranties in regard to Affiliate’s earning potential. Company makes no warranties expressed or implied for the Affiliate Program except asoutlined in this Agreement. AFFILIATE PROGRAM IS PROVIDED AS IS.
2. Commissions
a. Only converting traffic referred by your affiliate link will be eligible for: 20% commission. Our automated affiliate tracking software only records sales referred through your affiliate link. Sales that don’t occur from your affiliate link software will not be recorded.
b. Unpaid/Reversed Affiliate Sales
Payment processing, especially credit card payment processing, is very volatile in our industry. We reserve the right to hold/deduct affiliatecommissions made through sales that we have not been paid for by our payment processors.
Customer order refunds, chargebacks, returns, bounced checks andother scenarios of returns or non-payment may be deducted fromfinal commission totals.
c. Delay of Commission for Non-Compliance
As per, “NuKine Wellness Affiliate Program Terms”, we reserve the right to delay payment of commissions if there is reckless or illegal content marketing of NuKine Wellness products. Affiliates must be in compliance with our terms and FDA regulations.
d. Monthly Commission Periods and Payment Dates
Commissions periods will be monthly (e.g. January 1 to January 31) and be paid on or near to the 2nd week of the following month (February 13-18).
Commissions will be paid via PayPal.
3. Payments to Affiliates
a. Fees to Affiliate will be paid as outlined on our Site (generally referred to as Fees) so long as Affiliate is in good standing with these Terms. Company reserves the right to change the price of Company’s products and Fees to Affiliate for products without notice. Fees are based on the percentage of sale in effect at the time of sale without taxes and shipping.
b. Our only responsibility to you in this regard is to track customer orders that occur through links from Affiliate and make reports of the Fees due as a result there of. All such reports will be un-audited.
c. All Fees will be made in U.S. dollars. If a sale is canceled or refunded, any paid Fees will be deducted from a subsequent payment. Fees will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subjectto reduction.
d. Affiliate is solely responsible for ensuring that their Affiliate link is set up properly to have sales tracked and recorded to qualify for Fees. Company is not responsible for the failure to assign any sale or Fees to Affiliate if the same results from the improper formatting of any Affiliate links.
e. Company will only pay Fees on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Company Site. Affiliate has no right to Fees if a buyer later returns to the Company Site through another Affiliate link or source and makes a purchase.
f. Payment to the Affiliate may be set off or delayed for a reasonable time in order to ensure that the correct amount of monies due are paid.
g. You have no right to Fees based upon subsequent sales, or where “cookies” are used, overwritten or deleted even where the customer first arrived at the Company Site through your Affiliate link. Fees will only be paid when the buyer makes a purchase on the same visit using your Affiliate link or with your “cookie” indicating you as the affiliate.
h. Company will make every reasonable effort to accurately track and pay Fees for all sales that belong to or are credited to Affiliate. Company is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interfere with, disrupt or diminish tracking or service.
i. Company pricing of products and services is totally within Company discretion and Company reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to Affiliate.
j. Affiliate agrees to provide Company with valid contact information, including acompleted Form I-9, upon registration.
4. No SPAM
a. Company has zero tolerance toward any Affiliates associated with spam. The accounts of Affiliates associated with spam are immediately terminated as soon as the violation is verified, with a cancellation of any pending monies or Fees owed.
b. Company will immediately terminate any Affiliate account which it believes, in it's sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
c. Company will report spam, along with all the spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution. d. For the purpose of this Agreement SPAM is defined as emailing ANYONE, in bulk orby single mailing, about Company, Company products or services, who has not specifically requested the information directly from Affiliate. Mailings to names or lists that have been purchased are not permitted. Company considers ANY type of advertisement about Company, Company products or services, posted to ANY outside group such as a Facebook group or organization (online or not), in violation of their posting rules, to be spam.
e. Affiliate agrees to comply with all U.S. State and Federal spam laws, including but notlimited to the Federal CAN-SPAM Act.
5. Affiliate Representations and Warranties
a. Affiliate is solely an Independent Company when acting as an Affiliate. No partnership, joint venture or other legal entity is created between Company and Affiliate. Affiliate is solely responsible for its own taxes, expenses, tools, hours of work, and other methods and means of accomplishing its goals.
b. Affiliate is 21 years of age or older.
c. Affiliate has read, understands, and agrees to all Company policies on the Site.
d. Affiliate will not misrepresent Company products or services. Affiliate also agrees not to advertise Company products or services on Sites that promote sexually explicit material, violence, war, or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.
e. During the term of this Agreement and for one year after the termination of this Agreement, Affiliate will not directly or indirectly, for itself or any third party contact or solicit any customer, supplier, vendor, or employee of Company or its affiliates in a manner that causes them to alter their relationship with Company.
f. Affiliate will abide by Food and Drug Administration (FDA) regulations including, but not limited to - 21 CFR Part 101.71. Subpart
E Specific Requirements for Health Claims.
6. No Medical Claims
a. Affiliate agrees to not make “medical claims” (as is commonly defined by the FDA) in anyway, including in comments or blogs. Affiliate understands that any marketing/claims made in violation of FDA regulations is a violation of Federal Law, subject to criminal and civil penalties. NuKine Wellness LLC is not responsible or liable for any claims made by the Affiliate in violation of FDA regulations. Affiliates will not present as and NuKine Wellness products are not alternatives to prescription drugs, opiate replacement or a cure for any disease or medical condition, etc.
b. Affiliate will comply with all NuKine Wellness requests to remove any content deemed illegalor irresponsible
7. Remedies
a. BECAUSE DAMAGES ARE OFTEN DIFFICULT TO ASCERTAIN, IF ACTUAL DAMAGES CANNOT BE REASONABLY CALCULATED THEN YOU AS AFFILIATE AGREE TO PAY COMPANY LIQUIDATED DAMAGES OF $1,000 PER DAY PER ITEM FOR EACH OF SPAM, UNSOLICITED EMAIL TRANSMITTED FROM OR OTHERWISE CONNECTED WITH YOUR ACCOUNT, AND/OR EACH MEDICAL CLAIM MADE BY YOU, MATERIAL BREACH OF THIS AGREEMENT (SUCH AS BUT NOT LIMITED TO FAILURE TO CORRECT FDA ISSUES OR REMOVE INFORMATION REGARDING NUKINE WELNESS PRODUCTS), OR ACTUAL DAMAGES, WHICHEVER IS HIGHER, TO THE EXTENT SUCH ACTUAL DAMAGES CAN BE REASONABLY CALCULATED. THE PARTIES AGREE THESE LIQUIDATED DAMAGES ARE REASONABLE AND NOT PUNITIVE.
b. The Parties to this Agreement acknowledge that the remedies at law for breach of the provisions of this Agreement are in adequate and that, in addition to any other remedy Company may have for a breach of any of those provisions, Company will be entitled to an injunction restraining any such breach. The parties agree that any breach of these Terms constitutes immediate and irreparable harm.
c. If a breach of these Terms can be cured, Affiliate will have 4 hours(any day of the week)to cure or initiate cure(when complete cure is not practicable within 4 hours)regarding any breach of these Terms before liquidated damages apply.
d. Company reserves all rights and other remedies not expressly detailed here.
8. Data Protection and Confidentiality
a. To protect customer privacy, under Company’s Privacy Policy, if deemed necessary Company reserves the right to withhold identifying customer contact information from Affiliate. Company has no obligation to provide Affiliate with any specific information for any customer, regardless of whether said customer arrived at the Company Site through an Affiliate link.
b. Affiliate acknowledges that the Confidential Information (defined below) constitutes avaluable asset of Company and that the Confidential Information is the sole and exclusiveproperty of Company. Affiliate will not, at any time, either during or after the term of Affiliate’s engagement by Company, disclose to any person other than authorized employees of Company, or use other than in performing the work, any Confidential Information. Affiliate acknowledges that Affiliate will have access to Confidential Information that is proprietary to customers or to the Company. Affiliates will hold such Confidential Information in confidence as if it were Company’s Confidential Information and will execute any confidentiality agreements required by such customers or Companies and approved by Company. Affiliate will not, in the course of performing the work, disclose to Company, use in Company’s business, or cause Company to use, any confidential or proprietary information or materials of any third party. “Confidential Information” means, with respect to Company or any third party, any reasonably confidential or other proprietary information of Company or such third party, including, without limitation, the following: (1) Financial information, such as earnings, assets, debts, prices, pricing structure, volume of sales, financial data or other business information; (2)Supply and service information, such as databases, goods and services, supplier’s names or addresses, supplier lists, supplier quotations, terms of supply or service contracts or of particular transactions, or related information about potential suppliers; (3) Marketing information, such as market studies, databases, details about ongoing or proposed marketing programs or agreements by or on behalf of Company, sales forecasts or results of marketing efforts or information about impending transactions; (4) Customer information, such as customer lists, databases, past, existing or prospective customer's names, addresses or backgrounds, records of purchases and prices, quotations, proposals or agreements between customers and Company, status of customers accounts or credit, or related information about actual or prospective customers; and (5) Intellectual property, such as patents, trademarks, trade secrets, copyrights, designs, specifications, data and data base technologies, inventions, developments, formulae, processes, technology, and computer software and programs (including object code and source code). ConfidentialInformation does not include: any information: (1) Which is or becomes part of the publicdomain through no fault of Affiliate; (2) That is known by Affiliate at the time of disclosureto Affiliate; or (3) That has been received by Affiliate from a third party who is authorizedto make such disclosure.
9. Ownership
a. Company reserves all rights in or to its trademarks and service marks and copyrights, although they may be used by Affiliate in accordance with these Terms. Affiliates may in no way display a Company logo, image, or trademark which may be distasteful, defame, or misrepresent Company in any way.
b. Company is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection or monies.
10. Indemnification and Limitation of Liability
a. Affiliate will defend, indemnify and hold harmless Company, his/her agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) (Losses) arising out of or resulting from this Agreement, except for any Losses that are due to Company’s gross negligence, or that arise from the direct enforcement of the terms of this Agreement.
b. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO AFFILIATEOR ANY RELATED PARTY FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, FORANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, REGARDLESS OF LEGAL THEORY(WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR OTHER LEGAL CLAIM) AND WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OFSUCH DAMAGES. IN ANY CASE, COMPANY’S TOTAL LIABILITY ARISINGFROM THIS AGREEMENT OR PROGRAM WILL NOT EXCEED THE TOTALFEES PAID OR PAYABLE BY COMPANY.
11. Termination
a. Company reserves the right to terminate your affiliate status for any reason in our sole and absolute discretion, including but not limited to breach of these Terms.
b. Company and Affiliate reserve the right to terminate this Agreement at any time, without notice. If terminated, outstanding Fees will be paid in the next payment cycle, so long as Affiliate is in good standing with these Terms.
c. On termination, Affiliate will cease using Confidential Information and will no longer provide any services as an Affiliate and will immediately cease displaying, promoting, and otherwise marketing or selling Company products.
12. Miscellaneous
a. Affiliate agrees to receive email from our Company, including but not limited to, sales reports, training, promotional resources, social media updates, newsletters and other correspondence.
b. Affiliate agrees not to disparage Company, Company products or services other Company Affiliates in any manner. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending Fees.
c. Company reserves the right to amend this Agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to Affiliate, the continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate’s acceptance of this Agreement and any and all amendments. Affiliate agrees to review this Agreement for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner. The date of the last change or addition to this Agreement is posted at the end of this document.
d. This Agreement will be governed by and construed in accordance with the laws of Pennsylvania State, without regard to its conflict of laws rules. Any legal action arising out of this Agreement will be litigated and enforced under the laws of Pennsylvania State where the Company is located, and any legal action pursued by you will be within the exclusive jurisdiction of the courts of the city and what where the company is located.
e. Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services, and Affiliate agrees to hold Company harmless from same.
f. In the event that any provision of this Agreement is held to be invalid or unenforceable, said provision will be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
g. In the event of any dispute between the parties concerning the terms and provisions of these Terms, the substantial party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including all attorneys’ fees.
Go forward and refer!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to for support.
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