Welcome to the PEMF Supply Affiliate/Dealer Program!
Thank you for your interest in joining our team and helping to spread the word about the benefits of helpful therapies!
Our Affiliate Starter program allows affiliates to promote the products offered through our website without having made a prior purchase. Commissions will be earned after $1,595.00 in referral sales. You will automatically be upgraded to the Affiliate - Standard level where you will earn 15% on referral sales. After $4,000.00 in referral sales, you will automatically be upgraded to the Affiliate - Pro level where you will earn 25% on referral sales.
*If you have already purchased over $1,595 or $4,000 in product, please email us and we will adjust your affiliate account accordingly.
Our Dealer program allows affiliates/dealers to purchase the products offered through our website after having made a prior purchase of at least $1,595.00. After your initial purchase, you are eligible to request the Dealer - Standard level where you may purchase with a 15% discount directly through your account on the PEMF Supply website. After $4,000.00 in purchases, you will be eligible to upgrade to the Dealer - Pro level where you may purchase with a 25% discount directly through your account on the PEMF Supply website.
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 a product or service from the merchant.
By participating in the Program, Affiliate/Dealer 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/Dealer or participate in the Program in any manner.
1. Approval or Rejection of the Registration
We reserve the right to approve or reject ANY Affiliate/Dealer Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate/Dealer Program Registration.
2. Affiliate Links and Coupon
The 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 may or may not be assigned to one coupon code with details and usage clarified on Dashboard. If a customer both clicks on the affiliate link and uses the coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not permitted 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 fees (taxes or shipping cost).
For an Affiliate to receive a commission payment, you need to specify the payment details in Settings. Payment schedule will be available on the Affiliate Guide page.
(see section 5. a. below)
Payments will only be sent for transactions that have been successfully completed, and passed the 30 day return policy. 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 the Commission tab, any paid commission will be listed on the Payment tab. Transactions that result in chargebacks or refunds will not be paid out.
4. Marketing tools
We may share promotion media such as banner, logo or specific collection promotion to you through our 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, affiliates may invite others to become their downline affiliate. If any downline affiliate brings order to the merchant shop, the upline affiliate will also get network commission based on the second, third and fourth level referral comissions.
To invite other affiliates into the system, share your network link and any other affiliate who clicks on that link and signs 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.
The cookie time is displayed on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or uses the coupon. Within the cookie time, the first order made by this customer at the 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/dealer wishes to be removed from the affiliate program, they can do so by contacting: support@pemfsupply.com.
Almost time to get started!
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 may send email to support@pemfsupply.com for support.
***Please review the Dealer Affiliate Agreement Below***
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Affiliate/Dealer Agreement
This Agreement is entered into and is effective as of today, (the “Effective Date") by and between PEMF Supply LLC, a Pennsylvania limited liability company (“Company") with a principal place of business at 529 Maple St. Millerstown, PA 17062, and you the Affiliate/Dealer.
WHEREAS, Company is a distributor of pulsed electromagnetic field (“PEMF”) products and other products (collectively, the “Products”), and intends to sell its Products to businesses, healthcare professionals and individual customers for personal use; and
WHEREAS, Affiliate/Dealer desires to promote and sell the Products in accordance with the terms and conditions of this Agreement.
IN CONSIDERATION OF the matters described above, and the consideration, mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which is hereby acknowledged, Company and Affiliate/Dealer agree as follows:
1. Authorized Affiliate/Dealer
Company hereby agrees to permit the Affiliate/Dealer to offer and sell Products as an authorized Affiliate/Dealer of the Company. Affiliate/Dealer may offer and sell Products only in conformity with the following rules and restrictions:
a. Affiliate/Dealer may offer and sell Products only in the following ways: (1) in person or in a retail brick and mortar location (i.e., an office or a clinic),(2) on their website; or (3) through the Company’s website with an Affiliate/Dealer Code.
b. Affiliate/Dealer may not advertise, offer or sell any Product for less than the Minimum Retail Price (“MRP”) for such Product as established from time to time by the Company. The Company’s established MRP will be posted on its website (www.pemfsupply.com).
c. Affiliate/Dealer may provide general information about the Products on Affiliate/Dealer’s website and/or on other websites, and may engage in online or internet-based sales of the Products. Affiliate/Dealer may provide links to the Company’s website and encourage customers to purchase Products at Company’s website using the Affiliate/Dealer Code.
d. Affiliate/Dealer may advertise the actual or potential discounts obtained by using the Affiliate/Dealer Code only in printed materials distributed by Affiliate/Dealer in hard-copy or physical format (for example, promotional mailings). Affiliate/Dealer may not advertise Affiliate/Dealer Code discounts or offer on any website or blog.
e. Affiliate/Dealer will only qualify for wholesale pricing if Affiliate/Dealer’s orders are placed by using the Affiliate/Dealer’s login credentials at Company’s website. The wholesale pricing does not apply to orders that are phoned in, faxed or emailed to Company.
2. Affiliate/Dealer Duties and Responsibilities
Affiliate/Dealer shall devote such time, energy and skill on a regular and consistent basis as is necessary to sell and promote the sale of Products in the Territory during the term of this Agreement, and in conformity with the following terms and obligations:
a. Affiliate/Dealer agrees to exercise its best efforts to (i) promote the sale of and obtain orders for Products in the Territory; and (ii) abide by Company's policies and procedures regarding the purchase, sale and support of Products; (iii) conduct its business in a manner that reflects favorably on the Company and on the Products and preserves the good name, goodwill and reputation of the Company and the Products.
b. Affiliate/Dealer acknowledges and agrees that it has no rights or claims to the intellectual property or goodwill embodied by or associated with the Products (except for the limited license described herein).
c. Affiliate/Dealer shall, at any time upon Company's request, submit appropriate documentation of all sales and promotional efforts performed and to be performed for Company pursuant to this Agreement.
d. Affiliate/Dealer cannot rename or rebrand Products in any way.
e. Affiliate/Dealer shall not provide any warranties for the Products other than the express warranties of the Company and/or the manufacturer. Affiliate/Dealer is not authorized to extend any warranty or guarantee or to make representations or claims with respect to Company or Products without express prior written authorization from Company.
f. The Company’s and/or manufacturer’s express warranties begin upon delivery of a new Product to Affiliate/Dealer’s customer.
g. Affiliate/Dealer must provide its customers with a 30-day return policy for all Product sales.
3. Promotional Materials
Company will provide to Affiliate/Dealer (in certain cases at a nominal fee), Company’s approved marketing materials, descriptions and statements about the Products. Brand-specific information about certain Products may be provided as available from various manufacturers. Only the Company’s authorized and approved marketing materials, descriptions and statements about the Products may be used by Affiliate/Dealer in any location or format in which Affiliate/Dealer desires to provide such information (including digital, print or online media).
Affiliate/Dealer must also comply with the following rules regarding promotional materials:
a. An Affiliate/Dealer who is a healthcare professional may make statements about the Products based on their professional experience about the benefits of the Company’s products, as permitted within the scope of their license and consistent with all applicable laws and regulations that may apply to such statements. If such a statement is made about a Product, the Affiliate/Dealer agrees and acknowledges that such statement is made on its own behalf and not by or on behalf of Company.
b. An Affiliate/Dealer who is not a healthcare professional is prohibited from making any statements about the benefits of the Products, other than those contained in Company’s authorized and approved marketing and educational materials or contained in information from the manufacturer of a Product. This information is available to Affiliate/Dealer on request.
c. Affiliate/Dealer’s marketing and promotional materials may not include representations, warranties, statements or agreements about the Products or about Company except as expressly provided in the Company’s authorized and approved materials.
d. Only Company’s approved and authorized marketing materials and content may be used. Such content includes but is not limited to approved pictures, technical specifications, and advertising copy.
e. Unless Company provides its prior written consent, Affiliate/Dealer may not under any circumstance create their own marketing or promotional materials to replace or supplement Company’s approved and authorized materials as provided by Company to Affiliate/Dealer. Affiliate/Dealer may not copy content, images, art or articles from Company for use on Affiliate/Dealer’s website without prior written consent of Company. Affiliate/Dealer agrees to distribute only Company-approved marketing materials in person, online, at seminars or trade shows, in their brick-and-mortar store, offices and/or clinics.
f. Automated phone messages, phone, text and fax campaigns are strictly prohibited.
g. Product information listed on any website or platform, as permitted herein, cannot promote, advertise or offer the Product for less (or an amount that could be perceived to be less) than the MRP determined by Company.
4. Retail Dealer Additional Guidelines
A “Retail Dealer” is a Dealer that purchases Products from the Company at a wholesale price plus shipping, stores its own Product inventory and re-sells those Products directly to its customers in person, online, in a brick-and mortar-store, a clinic, office or other similar physical location. A Dealer’s status as a Retail Dealer is made by Company at Company’s sole and exclusive discretion. In additional all of the other terms and conditions applicable to Dealers as described herein, the following provisions apply to Retail Dealers:
a. Dealer agrees to collect and report all state sales tax, and any other taxes or costs related to retail sales, as required by applicable law and/or regulation. Dealer is responsible for determining and complying with all sales tax laws and regulations applicable to it and/or to its customers.
b. Only new, inventoried Products may be sold directly to a customer for the retail price by a Retail Dealer.
c. Retail Dealers may pass the Affiliate Code offer (if applicable) on to their customers, and may let customers know the amount of the offer associated with the Affiliate Code in person, at a tradeshow or seminar or in print (such as signs or flyers or newspaper or magazine ads, standard mail or by e-mail).
d. Retail Dealers who purchase and store Products agree to properly handle and store the Products to avoid damage. Damage to the Products while in the Dealer’s possession may void the manufacturer’s warranty or other applicable warranties. The risk of loss of or damage to each Product purchased by Retail Dealers passes to the Retail Dealer immediately upon delivery of each such Product to Retail Dealer. Dealer is responsible for all damage to the Products purchased. No refund will be provided for Products damaged while in Dealer’s possession. In the event of a warranty claim, the Retail Dealer may be required to provide information or documentation to verify, to Company’s satisfaction, that damage to the affected Product did not occur while in Retail Dealer’s possession.
e. Retail Dealers who ship Products to the customer must accept returns pursuant to Company’s standardized 30-day return policy. The 30-day return policy is required for all sales. Dealers are responsible for recovering any return charge from their customers as applicable to the PEMF Supply return policy.
5. Commissions
When a customer uses a Company-provided Affiliate/Dealer Code to purchase Products from the Company website, commissions will be tracked for that Affiliate/Dealer. If an Affiliate/Dealer Code is not used by a customer referred to the Company website, no commissions will be paid. Commissions are subject to the following terms and conditions:
a. Commissions are calculated on the first and middle of each month, based on firm sales during the preceding month. Firm sales are those Products that have been delivered and not returned by the end user client within the return period. Commission payments are processed approximately two weeks thereafter. The timeline and schedule for payment of commissions is Discoundetermined at Company’s sole and exclusive discretion and may be amended by Company at any time.
b. Commissions will be paid on sales of Products (provided the applicable Affiliate/Dealer Code or was used), and shall not include freight, discounts, supplies or other charges incidental to the sale.
c. All expenses arising out of the change or cancellation of an order after acceptance by Company shall cause any commissions earned to be reduced by the expenses related to the change or cancellation of an order.
d. All commissions payable by Company to Affiliate/Dealer under this Agreement shall terminate on the first day of the first full month after termination of this Agreement and Company shall then be discharged and released of any further obligation to pay commissions to Affiliate/Dealer.
e. No commission payments will be issued until Company receives a properly completed W-9 form from Affiliate/Dealer. The W-9 form can be completed and uploaded from your affiliate account. Company may use PayPal or ACH payment processing for payment of commissions and may require full banking information including bank name, routing and account number.
f. Any dispute regarding the calculation, amount, determination or accuracy of a commission payment must be received in writing by Company within fourteen (14) days of the date on which the commission was paid or disbursed, in whole or in part, or should have been paid or disbursed by Company. Any errors or discrepancies in commission payments about which Company is not timely notified are deemed to be fully waived and released.
g. No income tax or other tax will be withheld from commission payments. Affiliate/Dealer is solely liable for the payment of all taxes on commission payments.
6. Training and Education
Affiliate/Dealer agrees to complete compliance training established and/or offered by Company and agrees to become familiar with Company’s educational materials within a reasonable time after becoming a Affiliate/Dealer. Affiliate/Dealer agrees to become familiar with, among other things, certain laws, regulations and rules applicable to the making of claims made about Products (including those established or administered by the Food and Drug Administration). Affiliate/Dealer agrees to comply with all compliance and educational materials, publications and manuals provided by Company.
7. Confidentiality
Company may provide Affiliate/Dealer with certain confidential information, proprietary information or information related to the Products and/or to Company that is not generally known to or available to the public (“Confidential Information”). Confidential Information includes information, whether written, electronic or oral, that Affiliate/Dealer knows or reasonably should know is proprietary, confidential, a trade secret of Company or that is generally not known by the public or available to the public, including but not limited to all materials designated by Company as confidential and, even if not so designated, all technical or business information, specifications and design information for Products, servicing information, customer lists, pricing information, marketing information, policies, procedures and manuals regarding Company’s distributors or distribution channels, research and development and other proprietary matter relating to the Products or business of Company. Affiliate/Dealer may not use the Confidential Information except to the extent necessary to exercise its rights or perform its obligations under this Agreement. Affiliate/Dealer shall restrict its disclosure of the Confidential Information only to those who have a reasonable and legitimate need to know such Confidential Information so as to enable Affiliate/Dealer to perform its obligations and enjoy its rights under this Agreement. Such persons receiving Confidential Information from Affiliate/Dealer will be informed by Affiliate/Dealer of, and must agree to be bound by, the provisions of this paragraph and Affiliate/Dealer shall remain responsible for any unauthorized use or disclosure of the Confidential Information by any such recipient.
Upon termination of this Agreement (or earlier, upon request by Company), Affiliate/Dealer shall cease to use all Confidential Information and promptly return to Company or destroy, upon request by the Company, any documents (whether written or electronic) in its possession or under its control that constitute, contain or embody Confidential Information.
8. Term and Termination
The term of this Agreement shall commence as of the Effective Date and shall automatically expire at the end of one (1) year following the Effective Date. Thereafter, the Agreement will automatically renew for successive one (1) year terms, unless it is earlier terminated pursuant hereto.
Either party may terminate this Agreement as follows: (a) immediately upon 30 days prior written notice with or without cause; (b) immediately by Company in the event of any breach or default of this Agreement by Affiliate/Dealer; (c) immediately upon the dissolution, insolvency or any adjudication in bankruptcy of, or any assignment for the benefit of creditors by, the other party or if the other party ceases to conduct business in the ordinary or normal course; (d) immediately if required by law or by any rule, regulation, order, decree, judgment or other governmental act of any governmental authority; or (e) immediately by Company if Company reasonably suspects that Affiliate/Dealer breached any of its obligations of confidentiality or protection of Company’s proprietary rights.
Additionally, if Affiliate/Dealer does not have a sale or make a wholesale purchase for a period of twelve months, then Affiliate/Dealer’s account may be suspended and this Agreement may be immediately terminated by Company. If thereafter requested by Affiliate/Dealer, then, at Company’s sole and exclusive discretion, a Affiliate/Dealer’s suspended account can be reactivated upon payment of a reactivation fee in an amount determined by Company and execution by Affiliate/Dealer of an agreement that supersedes or amends this Agreement.
9. Effect of Termination
Upon notice of termination of this Agreement for any reason, the following provisions shall apply:
a. Company may continue to fill any orders from Affiliate/Dealer that have been accepted by Company prior to the termination of this Agreement (or notice thereof), consistent with the other applicable terms and conditions of this Agreement.
b. Both parties shall always thereafter refrain from any conduct that would be inconsistent with or likely to cause confusion with respect to the nature of their business relationship.
c. The PEMF Supply Affiliate/Dealer Code will be canceled.
d. All rights granted to Affiliate/Dealer under this Agreement shall cease, and where appropriate, revert to Company.
10. Breach
A party shall be in breach of this Agreement if it fails to fully and timely perform any obligation of this Agreement. Additionally, Affiliate/Dealer is in breach of this Agreement if it fails to fully comply with all terms, conditions and requirements of this Agreement. Each party is fully responsible for and strictly liable for the actions, errors, omissions and conduct of its members, directors, officers, employees or agents. All actions, errors, omissions or conduct by a party’s shareholders, directors, officers, employees or agents are attributable to such party whether that party knew of, permitted, authorized or directed such actions, errors, omissions or conduct.
11. Limitation of Liability
NEITHER COMPANY NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES REPRESENTATIVES OR AGENTS IS LIABLE TO AFFILIATE/DEALER FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS OR ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OR ANY OTHER REMEDY.
12. Indemnification
Affiliate/Dealer hereby indemnifies and holds Company and Company’s successors, assigns, members, managers, officers, employees, agents, representatives and insurers harmless from any and all liability, claims, demands, loss and damage (including, without limitation, reasonable attorneys’ fees and court costs) arising from, concerning or connected with any claim, demand or action related in any way to any breach by Affiliate/Dealer of this Agreement. The indemnification required by this Agreement includes, but is not limited to, all liability, damage, loss, costs or other expense, including attorneys’ fees, arising out of or related in whole or in part to (i) any act, omission, error or conduct of Affiliate/Dealer that is negligent, reckless, willful or malicious; (iv) the failure of Affiliate/Dealer to fully or timely comply with any applicable law or regulation; and (iii) Affiliate/Dealer’s failure to fully and timely perform or observe any obligation or covenant of this Agreement. Company shall have the right to participate in the defense of any such claim, demand or action with counsel of its choice and at Affiliate/Dealer’s expense, and the defense and settlement of any claim, demand or action shall require Company’s written consent.
13. Relationship of Parties
This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between Company and Affiliate/Dealer. Company shall not be required to withhold any amounts for state or federal income tax or for FICA taxes from sums due to Affiliate/Dealer under this Agreement. Affiliate/Dealer shall not be considered an employee of Company and shall not be entitled to participate in any plan, arrangement or distribution by Company pertaining to or regarding any pension, stock, bonus, profit sharing or other benefit extended to Company's employees. Affiliate/Dealer is not an agent or representative of Company and is not authorized or entitled to act on behalf of Company or to bind Company to any agreement.
14. Costs and Expenses
Affiliate/Dealer shall bear all costs or expenses incurred by Affiliate/Dealer to perform its obligations under this Agreement. Affiliate/Dealer is not entitled to any payments, reimbursements or compensation other than for the commissions contemplated herein.
15. No Assignment
The rights and duties of Affiliate/Dealer under this Agreement may not be assigned or delegated without prior written consent of Company.
16. Interpretation and Enforceability.
This Agreement is entered into in the Commonwealth of Pennsylvania and will be construed according to the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. No party will be deemed to be the drafter of this Agreement. The headings herein are for convenience and reference only, and do not define, limit, expand or describe the scope or intent of any provision. Unless otherwise expressly provided, no provision of this Agreement will be construed to confer a benefit, right or privilege to any person or entity other than the parties hereto and their authorized successors or assigns. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it will be severed from this Agreement and the remaining provisions remain in full force and effect. The failure of a party to enforce any provision of this Agreement is not a present or future waiver of such provision and does not affect the right of a party to enforce such provision thereafter. The express waiver by a party of any provision is not a waiver of another party's future obligation to comply with such provision. This Agreement is the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement, either written or oral. No representations or promises were made in connection with this Agreement or the subject matter hereof that are not contained herein. This Agreement does not modify, amend, replace or supersede any prior written agreements of the parties unless such intent is expressly included herein. Time is of the essence with respect to the time(s) for performance set forth in this Agreement. This Agreement is not binding and effective until affirmatively accepted by all parties. This Agreement may be accepted and/or executed by electronic means and in counterparts, which together will constitute one original of this Agreement. A copy of this Agreement, or counterparts indicating acceptance by each party, will be enforceable and admissible as evidence to the same extent as an original and/or manually executed document.
17. Mandatory Arbitration
The parties agree to engage in a good faith attempt to resolve, without the need for formal legal action, any disputes, claims or controversies that arise between them concerning or related to this Agreement. To the extent that a dispute, claim or controversy concerning, arising from or relating in any way from this Agreement cannot be resolved by the parties, then such dispute, claim or controversy shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Perry County, Pennsylvania. Judgment on any award rendered by the arbitrator(s) may be entered in any jurisdiction in which a party resides, has a place of business or possess assets. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of the prevailing party’s costs and fees (including but not limited to all reasonable pre-award expenses of the arbitration, arbitrators' fees, administrative fees, travel expenses, out-of- pocket expenses court costs, witness fees and attorneys' fees). Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
To the extent either party claims that the foregoing arbitration requirement is not applicable or enforceable for any reason, then any action concerning, arising from or relating to this Agreement must be brought in and heard only by the state and Federal courts in and for Perry County, Pennsylvania.
18. Notices.
All notices to either party may be communicated by mail, electronic mail, fax or phone. Said notice shall be deemed given when received by a party.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on and as of the Effective Date set forth above.
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FDA Marketing Guidelines
Affiliate agrees to read and abide by the FDA marketing guidelines for wellness devices. This document is located in the "Marketing Tools" section of the affiliate account for easy access and reference.
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