Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 30 days
    Commission type Percent of Sale
    Base commission 30.00% Product specific
    Additional terms 30% to be paid within 30 days of the sale for most products ***All details to be subject to change

    THE AGREEMENT: This Affiliate Partner Agreement
    (hereinafter called the "Agreement") is provided by the following
    organization, hereinafter referred to as "Company": Pacific Health
    Options Inc. Our primary website is located at the address listed above. The
    Agreement is a legal document between you and the Company that describes the
    affiliate relationship we are entering into. This Agreement covers your responsibilities
    as an affiliate and our responsibilities to you. Please ensure you read and
    understand the entirety of this document, as well as have a lawyer's assistance
    if you desire, because each of the terms of this Agreement are important to our
    working relationship.





    1) DEFINITIONS



    The parties referred to in this Agreement shall be defined
    as follows:



    a) Company, Us, We: As we describe above,
    we'll be referred to as the Company. Us, we, our, ours and other first-person
    pronouns will also refer to the Company, as well as all employees or legal
    agents of the Company.



    b) You, the Affiliate Partner: You will be
    referred to as the "Affiliate." You'll also be referred to throughout
    this Agreement with second-person pronouns such as You, Your, or Yours.



    c) Parties: Collectively, the parties to
    this Agreement (the Company and You) will be referred to as "Parties"
    or individually as "Party."



    d) Affiliate Program: The program we've
    set up for our affiliates as described in this Agreement.



    e) Affiliate Application: The fully
    completed form which must be provided to us for consideration of your inclusion
    in the Affiliate Program.



    f) Website: The primary website we've
    noted above will be referred to as Website.





    2) ASSENT & ACCEPTANCE



    By submitting an application to our Affiliate Program, you
    warrant that you have read and reviewed this Agreement and that you agree to be
    bound by it. If you do not agree to be bound by this Agreement, please leave
    the website immediately and do not submit an application to our Affiliate Program.
    This Agreement specifically incorporates by reference any Terms of Conditions,
    Privacy Policies, End-User License Agreements, or other legal documents which
    we may have on our website.

    3) AGE RESTRICTION

    You must be at least 18 (eighteen) years of age to join our
    Affiliate Program or use this Website. By submitting an application to our
    Affiliate Program, you represent and warrant that you are at least 18 years of
    age and may legally agree to this Agreement. The Company assumes no
    responsibility or liability for any misrepresentation of your age.

    4) EXCLUSIVITY

    This Agreement creates an exclusive relationship between
    you and us. You may not sell the same technology through a different
    distributor.

    This agreement imposes no restrictions on us to work with
    any individual or company we may choose.

    5) AFFILIATE PROGRAM

    After your acceptance in the Affiliate Program, you must

    ensure your account is set up thoroughly, including specific payout information
    and location (such as a bank or online account which we may use to post
    payment).

    Please be advised the below is a general
    description of the Affiliate Program. Everything contained in this subsection
    is subject to the specific terms and conditions throughout the rest of this
    Agreement.

    We will provide you with a specific link or links which
    correspond to certain products we are offering for sale (collectively, the
    "Link"). The Link will be keyed to your identity and will send online
    users to the Company's website or websites. You hereby agree to fully cooperate
    with us regarding the Link and that you will explicitly comply with all of the
    terms of this Agreement for the promotion of the Link at all times. We may
    modify the specific link or links and will notify you if we do so. You agree to
    only use links which are prior approved by us and to display the Link
    prominently on your website or social media page, as described in your
    Affiliate Application (collectively, the "Affiliate Site").

    Each time a user clicks through the Link posted on the
    Affiliate Site and completes the sale of the product or service and we
    determine it is a Qualified Purchase, as described below, you will be eligible
    to receive the following percentage of the sale on a product category basis:

    30% (thirty percent) on: Avazzia Products.

    30% (thirty percent) on: Sana
    Therapeutics/Pain Free For Life Products.

    20% (twenty-five percent) on: Floww Products

    15% (fifteen percent) on: MEAD Products

    30% (thirty percent) on: Membership Fees
    (Founders Level)*

    50% (Fifty percent) on Membership Fees
    (Normal rate)*

    You may be able to apply your commission as a
    discount to your own products on a discretionary basis (please contact us on a
    case-by-case basis for this).

    *Please note that
    to collect membership fee revenue you are required to be a paid member yourself
    of the community. You receive 50% (50 percent) off on your monthly fee as an
    affiliate.

    6) SPECIFIC TERMS APPLICABLE

    We will determine whether payout is permissible in our sole
    and exclusive discretion. We reserve the right to reject clicks and/or sales
    that do not comply with the terms of this Agreement.

    If automatic calculations are not in line
    with the percentages outlined in the contract, we reserve the right to adjust
    them accordingly prior to payout.

    Processing and fulfillment of orders will be our
    responsibility. We will also provide real-time data regarding your account with
    us through the portal on which you log into the website.

    As described above, in order to be eligible for payout,
    user purchases must be "Qualified Purchases." Qualified Purchases:

    a) Must not be referred by any other
    partner or affiliate links of the Company (in other words, Qualified Purchases
    are only available through your specific Affiliate Link;

    b) May not be purchased by an already-existing
    partner or affiliate of the Company;

    c) May not be purchased prior to the
    Affiliate joining the Affiliate Program;

    d) May be purchased through a
    properly-tracking Affiliate Link, or through private order;

    e) May not be purchased by a customer in
    violation of any of our legal terms or Acceptable Use Policy;

    f) May not be fraudulent in any way, in
    the Company's sole and exclusive discretion;

    g) May not have been induced by the
    Affiliate offering the customer any coupons or discounts not otherwise
    pre-approved by the Company;

    7) PAYOUT INFORMATION

    Payouts will only be available when the Company has your
    current address information and PayPal address.

    Currently, the Company employs the following methods of
    payout:

    PayPal

    Gift Card
    (Credit Applied to Product)

    For any changes in your address or accounting information,
    you must notify us immediately and we will endeavor to make the changes to your
    payout information as soon as possible.

    Payouts will be available the month or period after they
    accrue. For example, if payouts are made every 30 days, an entire 30 day period
    must finish for the payout of that period to be available in the following
    period (this is to avoid the confusion of refunds and ensure orders are
    legitimate).

    We explicitly reserve the right to change payout
    information in our sole and exclusive discretion. If we do so, you will be
    notified.

    Payouts are also subject to the following restriction:

    a)  Payouts are only available after you have been working with us at least the following amount of time: 30 DAYS.

    b)  Payouts are paid in United States Dollars (USD)

    For any disputes as to payout, the Company must be notified
    within thirty days of your receipt of the payout. We will review each dispute
    notification as well as the underlying payout transaction to which it is
    related. Disputes filed after thirty days of payout will not be addressed.

    8) REPORTS

    You may log into your account with us to review reports

    related to your affiliation, such as payout reports, commissions earned, and
    Qualified Click and/or Purchase information. Please be advised however, that
    not all listed qualifying clicks and/or purchases have been fully reviewed for
    accuracy in the reports viewable by you in real-time and therefore may be
    subject to change prior to payout.

    9) TERM, TERMINATION & SUSPENSION

    The term of this Agreement will begin when we accept you
    into the Affiliate Program. It can be terminated by either Party at any time
    with or without cause.

    You may only earn payouts as long as you are an Affiliate
    in good standing during the term. If you terminate this Agreement with us, you
    will qualify to receive payouts earned prior to the date of termination.

    If you fail to follow the terms of this Agreement or any
    other legal terms we have posted anywhere on our website or websites, you
    forfeit all rights, including the right to any unclaimed payout.

    We specifically reserve the right to terminate this
    Agreement if you violate any of the terms outlined herein, including, but not
    limited to, violating the intellectual property rights of the Company or a
    third party, failing to comply with applicable laws or other legal obligations,
    and/or publishing or distributing illegal material.

    At the termination of this Agreement, any provisions that
    would be expected to survive termination by their nature shall remain in full
    force and effect.

    You will not enter into competition against the
    Company for a period of no less than two (2) years if you enter into contract
    or have received training, payment or any other level of instruction from Company.

    10) INTELLECTUAL PROPERTY

    You agree that the intellectual property owned by the
    Company includes all copyrights, trademarks, trade secrets, patents, and other
    intellectual property belonging to the Company ("Company IP").

    Subject to the limitations listed below, we hereby grant
    you a non-exclusive, non-transferable, revocable license to access our websites
    in conjunction with the Affiliate Program and use the Company IP solely and
    exclusively in conjunction with identifying our company and brand on the
    Affiliate Site to send customers to the Affiliate links we provide. You may not
    modify the Company IP in any way and you are only permitted to use the Company
    IP if you are an Affiliate in good standing with us.

    We may revoke this license at any time and if we find that
    you are using the Company IP in any manner not contemplated by this Agreement,
    we reserve the right to terminate this Agreement.

    Other than as provided herein, you are not permitted to use
    any of the Company IP or any confusingly similar variation of the Company IP
    without our express prior written permission. This includes a restriction on
    using the Company IP in any domain or website name, in any keywords or
    advertising, in any metatags or code, or in any way that is likely to cause
    consumer confusion.

    You may NOT share any of our video or
    training material. You are NOT authorized to train clients with the Pacific
    Health Options curriculum, or give away, or profit from this material without
    express written consent from Pacific Health Options.

    Please be advised that your unauthorized use of any Company
    IP shall constitute unlawful infringement and we reserve all of our rights,
    including the right to pursue an infringement suit against you in federal
    court. You may be obligated to pay monetary damages or legal fees and costs.

    You hereby provide us a non-exclusive license to use your
    name, trademarks and servicemarks if applicable and other business intellectual
    property to advertise our Affiliate Program.

    11) MODIFICATION & VARIATION

    The Company may, from time to time and at any time, modify
    this Agreement. You agree that the Company has the right to modify this
    Agreement or revise anything contained herein. You further agree that all
    modifications to this Agreement are in full force and effect immediately upon
    posting on the Website and that modifications or variations will replace any
    prior version of this Agreement, unless prior versions are specifically referred
    to or incorporated into the latest modification or variation of this Agreement.
    If we update or replace the terms of this Agreement, we will let you know via
    electronic means, which may include an email. If you don't agree to the update
    or replacement, you can choose to terminate this Agreement as described below.

    a) To the extent any part or sub-part of
    this Agreement is held ineffective or invalid by any court of law, you agree
    that the prior, effective version of this Agreement shall be considered
    enforceable and valid to the fullest extent.

    b) You agree to routinely monitor this
    Agreement and refer to the Effective Date posted at the top of this Agreement
    to note modifications or variations. You further agree to clear your cache when
    doing so to avoid accessing a prior version of this Agreement.

    12) RELATIONSHIP OF THE PARTIES

    Nothing contained within this Agreement shall be construed
    to form any partnership, joint venture, agency, franchise, or employment
    relationship. You are an independent contractor of the Company and will remain
    so at all times.

    13) ACCEPTABLE USE

    You agree not to use the Affiliate Program or our Company
    for any unlawful purpose or any purpose prohibited under this clause. You agree
    not to use the Affiliate Program in any way that could damage our websites,
    products, services, or the general business of the Company.

    a) You further agree not to use the
    Affiliate Program:

    I) To harass, abuse, or threaten others or
    otherwise violate any person's legal rights;

    II) To violate any intellectual property
    rights of the Company or any third party;

    III) To upload or otherwise disseminate
    any computer viruses or other software that may damage the property of another;

    IV) To perpetrate any fraud;

    V) To engage in or create any unlawful
    gambling, sweepstakes, or pyramid scheme;

    VI) To publish or distribute any obscene
    or defamatory material;

    VII) To publish or distribute any material
    that incites violence, hate, or discrimination towards any group;

    VIII) To unlawfully gather information
    about others.

    14) AFFILIATE OBLIGATIONS & FTC COMPLIANCE

    You are responsible for ensuring operation and maintenance
    of the Affiliate Site, including technical operations, written claims, links,
    and accuracy of materials. You must ensure, as noted above, that the Affiliate
    Site does not infringe upon the intellectual property rights of any third party
    or otherwise violate any legal rights.

    You are NOT permitted to utilize our social
    media sites to sell your product to our clients, or clients of other affiliates,
    regardless of whether we sell that same product or not. This includes both
    public posting and private selling. Violation of this term will result in the
    immediate termination of your agreement.

    You agree to adhere to the rules set out for
    any social media site or membership group.

    We may monitor your account, as well as clicks and/or
    purchases coming through your account. If we determine you are not in
    compliance with any of these the terms of this Agreement, we have the right to
    immediately terminate your participation in the Affiliate Program.

    We require all of our Affiliates to comply with all
    applicable statutes, regulations, and guidelines set by the federal government,
    through the Federal Trade Commission, as well as state and local governments as
    mandated. The Federal Trade Commission requires that affiliate relationships,
    such as the relationship between you and the Company, be disclosed to
    consumers.

    We recommend that you seek independent legal counsel to
    advise you of our obligations to disclose in this manner.

    We also require you to comply with any and all applicable
    data privacy and security laws and regulations, including all of those which
    may impact your country of residence or your visitors. Such regulations
    include, but are not limited to, any applicable laws in the United States or
    the General Data Protection Regulation of the European Union. We also require
    that you implement adequate organizational and technical measures to ensure an
    appropriate level of security for the data that you process. Further, you
    hereby agree to comply with any requests which we may make to you regarding
    compliance with the General Data Protection Regulation or requests which you
    may receive from data subjects.

    If we find you are not in compliance with any of the
    requirements of this sub-part, we may terminate our relationship with you at
    our sole and exclusive discretion.


    15) REVERSE ENGINEERING & SECURITY

    You agree not to undertake any of the following actions:

    a) Reverse engineer, or attempt to reverse
    engineer or disassemble any code or software from or on any of our websites or
    services;

    b) Violate the security of any of our
    websites or services through any unauthorized access, circumvention of
    encryption or other security tools, data mining or interference to any host,
    user or network.

    16) DATA LOSS

    The Company does not accept responsibility for the security
    of your account or content. You agree that your participation in the Affiliate
    Program is at your own risk.

    17) INDEMNIFICATION

    You agree to defend and indemnify the Company and any of
    its agents (if applicable) and hold us harmless against any and all legal
    claims and demands, including reasonable attorney's fees, which may arise from
    or relate to your use or misuse of the Affiliate Program, your breach of this
    Agreement, or your conduct or actions. You agree that the Company shall be able
    to select its own legal counsel and may participate in its own defense, if the
    Company wishes.

    18) SPAM POLICY

    You are strictly prohibited from using the Affiliate
    Program for illegal spam activities, including gathering email addresses and
    personal information from others or sending any mass commercial emails.

    19) ENTIRE AGREEMENT

    This Agreement constitutes the entire understanding between
    the Parties with respect to the Affiliate Program. This Agreement supersedes
    and replaces all prior or contemporaneous agreements or understandings, written
    or oral.

    20) SERVICE INTERRUPTIONS

    The Company may need to interrupt your access to the
    Affiliate Program to perform maintenance or emergency services on a scheduled
    or unscheduled basis. You agree that your access may be affected by
    unanticipated or unscheduled downtime, for any reason, but that the Company
    shall have no liability for any damage or loss caused as a result of such
    downtime.

    21) NO WARRANTIES

    You agree that your use of the Affiliate Program is at your
    sole and exclusive risk and that any services provided by us are on an "As
    Is" basis. The Company hereby expressly disclaims any and all express or
    implied warranties of any kind, including, but not limited to the implied
    warranty of fitness for a particular purpose and the implied warranty of
    merchantability. The Company makes no warranties that the Affiliate Program
    will meet your needs or that it will be uninterrupted, error-free, or secure.
    The Company also makes no warranties as to the reliability or accuracy of any
    information. You agree that any damage that may occur to you, through your
    computer system, or as a result of loss of your data from your use of the
    Affiliate Program is your sole responsibility and that the Company is not
    liable for any such damage or loss.

    22) LIMITATION ON LIABILITY

    The Company is not liable for any damages that may occur to
    you as a result of your participation in Affiliate Program, to the fullest
    extent permitted by law. The maximum liability of the Company arising from or
    relating to this Agreement is limited one hundred ($100) US Dollars. This
    section applies to any and all claims by you, including, but not limited to,
    lost profits or revenues, consequential or punitive damages, negligence, strict
    liability, fraud, or torts of any kind.

    23) GENERAL PROVISIONS:

    A) LANGUAGE: All communications made or
    notices given pursuant to this Agreement shall be in the English language.

    B) JURISDICTION, VENUE & CHOICE OF
    LAW: Through your participation in the Affiliate Program, you agree that British
    Columbia, Canada shall govern any matter or dispute relating to or arising out
    of this Agreement, as well as any dispute of any kind that may arise between
    you and the Company, with the exception of its conflict of law provisions. In
    case any litigation specifically permitted under this Agreement is initiated,
    the Parties agree to submit to the personal jurisdiction of the provincial and
    federal courts of British Columbia, Canada. The Parties agree that this choice
    of law, venue, and jurisdiction provision is not permissive, but rather
    mandatory in nature. You hereby waive the right to any objection of venue,
    including assertion of the doctrine of forum non conveniens or similar doctrine.

    C) ARBITRATION: In case of a dispute
    between the Parties relating to or arising out of this Agreement, the Parties
    shall first attempt to resolve the dispute personally and in good faith. If
    these personal resolution attempts fail, the Parties shall then submit the
    dispute to binding arbitration. The arbitration shall be conducted in the city
    of Victoria, located in British Columbia, Canada. The arbitration shall be
    conducted by a single arbitrator, and such arbitrator shall have no authority
    to add Parties, vary the provisions of this Agreement, award punitive damages,
    or certify a class. The arbitrator shall be bound by applicable and governing
    Federal law as well as the law of British Columbia. Each Party shall pay their
    own costs and fees. Claims necessitating arbitration under this section
    include, but are not limited to: contract claims, tort claims, claims based on
    Federal and provincial law, and claims based on local laws, ordinances,
    statutes or regulations. Intellectual property claims by the Company will not
    be subject to arbitration and may, as an exception to this sub-part, be
    litigated. The Parties, in agreement with this sub-part of this Agreement,
    waive any rights they may have to a jury trial in regard to arbitral claims.

    D) ASSIGNMENT: This Agreement, or the
    rights granted hereunder, may not be assigned, sold, leased or otherwise
    transferred in whole or part by you. Should this Agreement, or the rights
    granted hereunder, by assigned, sold, leased or otherwise transferred by the
    Company, the rights and liabilities of the Company will bind and inure to any
    assignees, administrators, successors, and executors.

    E) SEVERABILITY: If any part or sub-part
    of this Agreement is held invalid or unenforceable by a court of law or
    competent arbitrator, the remaining parts and sub-parts will be enforced to the
    maximum extent possible. In such condition, the remainder of this Agreement
    shall continue in full force.

    F) NO WAIVER: In the event that we fail to
    enforce any provision of this Agreement, this shall not constitute a waiver of
    any future enforcement of that provision or of any other provision. Waiver of
    any part or sub-part of this Agreement will not constitute a waiver of any
    other part or sub-part.

    G) HEADINGS FOR CONVENIENCE ONLY: Headings
    of parts and sub-parts under this Agreement are for convenience and
    organization, only. Headings shall not affect the meaning of any provisions of
    this Agreement.

    H) FORCE MAJEURE: The Company is not
    liable for any failure to perform due to causes beyond its reasonable control
    including, but not limited to, acts of God, acts of civil authorities, acts of
    military authorities, riots, embargoes, acts of nature and natural disasters,
    and other acts which may be due to unforeseen circumstances.

    I) ELECTRONIC COMMUNICATIONS PERMITTED:
    Electronic communications are permitted to both Parties under this Agreement,
    including e-mail or fax. For any questions or concerns, please email us at the
    following address: [email protected].