|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Get Rewarded for Sharing the Best Supplements on the Market. 10% Commission with potential for more based on sales.|
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SURGE SUPPLEMENTS, LLC (DBA SURGESUPPLEMENTS.COM).
Please read the terms and conditions of this affiliate program agreement carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with this agreement.
BY SUBMITTING THE ONLINE APPLICATION TO JOIN OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Surge Supplements LLC and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Surge website located at www.surgesupplements.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Surge Affiliate Program.
To begin the enrollment process, you will complete and submit the online application at the
Refersion.com server. After receiving your application, we will review your
website and notify you of your acceptance or rejection into our Program. Please
allow up 48 hours for your application to be reviewed. The fact that we
auto-approve applications does not imply that we may not re-evaluate your
application at a later time.
We reserve the right to reject any application for any reason, however we encourage you to
contact us if you feel we have made an incorrect decision. Including all of the
websites that you use in your profile will help us make a better decision.
Your participating website(s) may not:
1. Infringe on our or any anyone else's intellectual property, publicity, privacy or other
2. Violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to
minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
programming routines that are intended to damage, interfere with,
surreptitiously intercept or expropriate any system, data, or personal
5. Contain software or use technology that attempts to intercept, divert or redirect
Internet traffic to or from any other website, or that potentially enables the
diversion of affiliate commissions from another website. This includes
toolbars, browser plug-ins, extensions and add-ons.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the
interface. You will be able to review the Program's details and
previously-published affiliate newsletters, download HTML code that provides
for links to web pages within the our website and banner creatives, browse and
get tracking codes for our coupons and deals.
Your acceptance in our program means you agree to and abide by the following.
1. You will only use linking code we provide you for each banner, text link, or other
affiliate link obtained from the affiliate interface without manipulation.
2. We reserve the right, at any time, to review your placement and approve the use of Your
Links and require that you change the placement or use to comply with the
guidelines provided to you.
3. All domains that use your affiliate link must be listed in your affiliate profile.
4. Your Website will not in any way copy, resemble, or mirror the look and feel of our
Website. You will also not use any means to create the impression that your
Website is our Website or any part of our Website including, without
limitation, framing of our Website in any manner.
5. You may not engage in cookie stuffing or include pop-ups, false or misleading links on
your website. In addition, wherever possible, you will not attempt to mask the
referring url information (i.e. the page from where the click is originating).
6. Using redirects to bounce a click off of a domain from which the click did not
originate in order to give the appearance that it came from that domain (also
known as cloaking) is prohibited.
If you are found redirecting links to hide or manipulate their original source, your
current and past commissions will be voided or your commission level will be
set to 0%. This does not include using "out" redirects from the same
domain where the affiliate link is placed.
7. The maintenance and the updating of your site will be your responsibility. We may monitor
your site as we feel necessary to make sure that it is up-to-date and to notify
you of any changes that we feel should enhance your performance.
8. It is entirely your responsibility to follow all applicable intellectual property and
other laws that pertain to your site. You must have express permission to use
any person's copyrighted material, whether it be a writing, an image, or any
other copyrightable work. We will not be responsible (and you will be solely
responsible) if you use another person's copyrighted material or other
intellectual property in violation of the law or any third-party rights.
9. You will not, in connection with this Agreement, display or reference on your site, any
trademark or logo of any third party seller appearing on our website unless you
have an independent license for the display of such trademark or logo; use any
data, images, text, or other information obtained by you from us or our website
in connection with this Agreement only in a lawful manner and only in accordance
with the terms of this Agreement.
10. We grant you a limited, nonexclusive, non-transferable, revocable right to use the
graphic image and text solely for the purpose of you participating in the
Program. You may not modify the graphic image or text in any way. All of our
rights in the graphic image and text, any other images, our trade names and
trademarks, and all other intellectual property rights are reserved. Should we
decide to revoke your license, we will give you notice.
11. You acknowledge our ownership of our licensed materials, agree that you will not do
anything inconsistent with our ownership and that all of your use of the
licensed materials will inure to the benefit of, and on behalf of, the Program
and, if requested, agree to assist us in recording this Agreement with
appropriate government authorities. You agree that nothing is this Agreement
gives you any right, title or interest in the licensed materials other than the
right to use the licensed materials in accordance with this Agreement. You also
agree that you will not attack the our title to the licensed materials or the
validity of the Licensed Materials or this Agreement.
1. You may not bid on any of our trademarked terms (which are identified below), including
any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network unless given written permission first from us.
2. You may not use our trademarked terms, including any variations or misspellings as per
#1 above, in sequence with any other keyword (including, but not limited to 'Surge
Coupons', 'Surge Discount Codes', 'Surge Promo', etc).
3. You may not use our trademarked terms in your ad title, ad copy, display name or as the
5. You may not bid in any manner appearing higher than us for any search term in position
1-5 in any auction style pay-per-click advertising program.
6. If you automate your PPC campaigns, it is your responsibility to exclude our
trademarked terms from your program and we strongly suggest you add our
trademarked terms as negative keywords. We have a strict no tolerance policy on
PPC trademark bidding. If discovered brand bidding on PPC campaigns, you will
be sent an email asking to remove the ads in question within 24 hours. If the
ads are not removed within 24 hours you will be removed from the program
permanently and all commissions associated with the violations will be
The following list of trademarked terms should not be treated as an exhaustive list (but as a
list of some of the prohibited terms):
www.surgesupplements.com, Surge coupon, Surge coupon code, Surge discount, Surge
discount code, Surge promo, Surge promo code, Surge sale, Surge sales, Surge
deal, Surge deals
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere
to our Coupon Guidelines as follows:
2. Posting any information about how to work around the requirements of a coupon/promotion
(i.e. first-time customers only) will result in removal from the program.
3. Coupons must be displayed in their entirety with the full offer, valid expiration date
4. You may NOT use any technology that covers up the coupon code and generates the
affiliate click by revealing the code(s).
5. You may NOT advertise coupon codes obtained from our non-affiliate advertising,
customer e-mails, paid search, or any other campaign.
6. You may NOT give the appearance that any ongoing offer requires clicking from your
website in order to redeem. For example, if all items on the site have free
shipping over $100, you may not turn this into an offer that infers that the
customer must click from your site to get this deal.
7. Additionally, if your website ranks on the first page of any search engine for
terms related to our website or company name(s) combined with the words coupon,
coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%,
you may be offered a lower commission than our standard rate to offset the
reduced profitability of orders.
COUPON ATTRIBUTION & AUTHENTICATION
Affiliates whose primary business is posting coupons, who are viewed by the program as
being a coupon site, and/or who are tagged as a coupon affiliate in our system,
may not be paid commissions for sales generated without a corresponding valid
coupon code. Valid codes are defined as codes that are made available to the
affiliate channel in general, through newsletters or the respective section in
Refersion, and directly or privately to affiliates. Coupon codes that are not
real, expired, not specific (i.e. 'up to 40% off sale items') or are long-term,
sitewide offers that do not require a code may not be considered valid codes
and the affiliate will not be given commission on these orders.
Promoting us through a sub-affiliate network is permitted, however you must be completely transparent
with regards to where traffic from your sub-affiliates originated.
Sub-affiliate networks must ensure that all sub-affiliates promoting the
Program adhere to our terms and conditions. This includes restrictions on
advertising through toolbars, browser extensions, and through any paid
placements such as a pay-per-click campaigns. Sub-affiliate networks must also
receive approval prior to allowing any type of coupon sub-affiliate to promote
Failure to comply with our sub-affiliate network terms may result in a loss
and/or reduction of commission from sales made through any sub-affiliate that
does not comply with our terms.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that makes
reference to our Program without first submitting that material to us and
receiving our prior written consent. If you intend to promote our Program via
e-mail campaigns, you must adhere to the following:
1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on
behalf of us.
3. E-mails must first be submitted to us for approval prior to being sent or we must be
sent a copy of the e-mail.
Promotion on Facebook, Twitter, Instagram, YouTube and other social media platforms is
permitted following these general guidelines:
1. You ARE allowed to promote offers to your own lists; more specifically, you're welcome
to use your affiliate links on your own Facebook, Twitter, etc. pages.
2. You ARE PROHIBITED from posting your affiliate links on our Facebook, Instagram,
Twitter, Pinterest, etc. accounts or company pages in an attempt to turn those
links into affiliate sales.
3. You ARE PROHIBITED from running Facebook ads with our trademarked company name.
4. You ARE PROHIBITED from creating a social media account that includes our trademark/s
in the page name and/or username.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all pages, blog/posts, or social
media posts where affiliate links for our affiliate program are posted as an
endorsement or review, and where it is not clear that the link is a paid
advertisement. This disclosure statement should be clear and concise, stating
that we are compensating you for your review or endorsement. If you received
the product for free from us or from the affiliate management team for review,
this also must be clearly stated in your disclosure.
* Disclosures must be made as close as possible to the claims.
* Disclosures should be placed above the fold; scrolling should not be
necessary to find the disclosure. (e.g. Disclosure should be visible before the
* Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's
"Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ;
and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements
SURGE SUPPLEMENTS RIGHTS AND OBLIGATIONS
We have the right to monitor your site at any time to determine if you are following the
terms and conditions of this Agreement. We may notify you of any changes to
your site that we feel should be made, or to make sure that your links to our
web site are appropriate and to notify further you of any changes that we feel
should be made. If you do not make the changes to your site that we feel are
necessary, we reserve the right to terminate your participation in the Program.
We reserve the right to terminate this Agreement and your participation in the Program
immediately and without notice to you should you commit fraud in your use of
the Program or should you abuse this program in any way. If such fraud or abuse
is detected, we shall not be liable to you for any commissions for such
This Agreement will begin upon our acceptance of your Affiliate application, and
will continue unless terminated hereunder.
1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by utilizing
the respective functionality of the affiliate platform. In addition, this
Agreement will terminate immediately upon any breach of this Agreement by you.
2. Upon the termination of this Agreement for any reason, you will immediately cease use
of, and remove from your site, all links to our website, and all of our
trademarks, trade dress, and logos, and all other materials provided by or on
behalf of us to you pursuant hereto or in connection with the Program.
3. You are eligible to earn commissions only on sales of qualifying products that occur
during the term, and commissions earned through the date of termination will
remain payable only if the related orders are not canceled or returned. We may
withhold your final payment for a reasonable time to ensure that the correct
amount is paid.
We may modify any of the terms and conditions in this Agreement at any time at our sole
discretion. In such event, you will be notified by email. Modifications may
include, but are not limited to, changes in the payment procedures and the
Program rules. If any modification is unacceptable to you, your only option is
to end this Agreement. Your continued participation in the Program following
the posting of the change notice or new Agreement on our site will indicate
your agreement to the changes.
Customers who buy products through this the Program are our customers. All of our standard
policies and operating procedures will apply to these customers. We may change
our policies and operating procedures at any time. Product prices and
availability may vary from time to time.
1. Only items that were purchased by customers who use the Program Affiliate Link from your
site to our website are considered 'direct sales'. Direct sales placed through
the Program Affiliate Link on your site are reduced by items that are not
shipped, cancelled by customers, returned, charged back or refunded at a later date.
2. We reserve the right to exclude items ordered by you (using the Program Affiliate Link
which would otherwise qualify for direct sales) and to not pay commissions for
them, if we deem it necessary, in our sole discretion, to prevent abuse of the
Program, or to reject orders that do not comply with any requirements that we
periodically may establish.
3. We will be responsible for processing orders and will handle all customer service issues.
We will track sales by customers who purchase products by using the Program
Affiliate Link from your site to our website. A statement of activity is
available to you on Refersion interface.
We use a third party to handle all of the tracking and payment. The third party is the
Refersion.com affiliate platform. Kindly review the network's payment terms and
ACCESS TO AFFILIATE ACCOUNT INTERFACE
You will create a password so that you may enter Refersion's secure affiliate account
interface. From their site you will be able to receive your reports that will
describe our calculation of the commissions due to you.
TRANSACTION LOCK DATES
All sales will remain in a 'sales pending period' and will not lock until the terms set
forth within the locking period parameters of our Program. All locked payments
will be processed by Refersion after the(ir) lock date.
REVERSAL & COMMUNICATION POLICY
We take pride in our low reversal rate, which we attribute to open communication with our
affiliates. However, we reserve the right to reverse orders due to order cancellations,
duplicate tracking, returns, disputed charges, and program violations as
outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders
or clicks that we suspect may be in violation of our terms and conditions, we
expect that you will respond in a timely and honest manner. Below are
violations of our communications policy.
1. You are not forthcoming, intentionally vague or are found to be lying.
2. You are not responsive within a reasonable time period and after multiple attempts to
contact with information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear
and demonstrable proof.
4. If any of the above apply, then we reserve the absolute right to reverse orders, set your
commission to 0% or suspend you from the program for the period or orders in
question or terminate you from the program altogether. We know that many
violations are a result of automated processes; however, it is incumbent upon
each affiliate to ensure that it has the appropriate checks and balances in
place to pro-actively address these issues and adhere to our program rules.
GRANT OF LICENSES
1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our
site through HTML links solely in accordance with the terms of this Agreement
and (ii) solely in connection with such links, to use our logos, trade names,
trademarks, and similar identifying material (collectively, the "Licensed
Materials") that we provide to you or authorize for such purpose.
2. You are only entitled to use the Licensed Materials to the extent that you are a member
in good standing of the Program. You agree that all uses of the Licensed
Materials will be on behalf of the Program and the good will associated
therewith will inure to the sole benefit of us.
3. Each party agrees not to use the other's proprietary materials in any manner that is
disparaging, misleading, obscene or that otherwise portrays the party in a
negative light. Each party reserves all of its respective rights in the
proprietary materials covered by this license. Other than the license granted
in this Agreement, each party retains all right, title, and interest to its
respective rights and no right, title, or interest is transferred to the other.
4. Except for the limited license granted under this section, you do not obtain any rights
under this Agreement in any intellectual property, including, without
limitation, any intellectual property with respect to our Affiliate Link, link
formats, technical specifications, guidelines or graphical artwork referenced
above, or with respect to our domain name.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
1. This Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid, and binding obligation, enforceable against you
in accordance with its terms;
2. You have the full right, power, and authority to enter into and be bound by the terms
and conditions of this Agreement and to perform your obligations under this
Agreement, without the approval or consent of any other party;
3. You have sufficient right, title, and interest in and to the rights granted to us in
SURGE SUPPLEMENTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING
OUR PROGRAM, SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN,
ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR
FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED
PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, IN NO EVENT SHALL SURGE’S CUMULATIVE LIABILITY TO YOU ARISING
OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL
COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Surge, and its subsidiaries and
affiliates, and their directors, officers, employees, agents, shareholders,
partners, members, and other owners, against any and all claims, actions,
demands, liabilities, losses, damages, judgments, settlements, costs, and
expenses (including reasonable attorneys' fees) (any or all of the foregoing
hereinafter referred to as "Losses") insofar as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim that our
use of the affiliate trademarks infringes on any trademark, trade name, service
mark, copyright, license, intellectual property, or other proprietary right of
any third party, (ii) any misrepresentation of a representation or warranty or
breach of a covenant and agreement made by you herein, or (iii) any claim
related to your site, including, without limitation, content therein not
attributable to us.
All confidential information, including, but not limited to, any business,
technical, financial, and customer information, disclosed by one party to the
other during negotiation or the effective term of this Agreement which is
marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without express
written permission of the disclosing party.
1. You agree that you are an independent contractor, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between you and us. You will have no authority to
make or accept any offers or representations on our behalf. You will not make
any statement, whether on Your Site or any other of Your Site or otherwise,
that reasonably would contradict anything in this Section.
2. Neither party may assign its rights or obligations under this Agreement to any party,
except to a party who obtains all or substantially all of the business or
assets of a third party.
3. This Agreement shall be governed by and interpreted in accordance with the laws of
the United States and the State of New York without regard to the conflicts of
laws and principles thereof.
4. You may not amend or waive any provision of this Agreement unless in writing and signed
by both parties.
5. This Agreement represents the entire agreement between us and you, and shall
supersede all prior agreements and communications of the parties, oral or
6. The headings and titles contained in this Agreement are included for convenience
only, and shall not limit or otherwise affect the terms of this Agreement.
7. If any provision of this Agreement is held to be invalid or unenforceable, that
provision shall be eliminated or limited to the minimum extent necessary such
that the intent of the parties is effectuated, and the remainder of this
agreement shall have full force and effect.
8. Our failure to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE
PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.