We appreciate our affiliates and ambassador, and we do our best to encourage you to build your business with us. We provide the following affiliate cooperation agreement to stipulate your and our rights. Please email us at info@medilution.com if you have any questions. You can also reach us by using the contact us page.

AFFILIATE & AMBASSADOR AGREEMENT
Please read through the Affiliate & Ambassador Agreement and check that you accept it. You may print this document for your records.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MEDILUTION (www.medilution.com) BY SUBMITTING AN APPLICATION TO JOIN YOU OUR AFFILIATE PROGRAM YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO THE TERMS AND CONDITIONS IN THE AGREEMENT.
This Affiliate & Ambassador Agreement (“Agreement”) contains the complete terms and conditions between us, MEDILUTION B.V., a company organized under the laws of the Netherlands with the chamber of commerce number (KvK) 80622542, having its registered address at Kingsfordweg 151, 1043 GR Amsterdam, the Netherlands (“Medilution”), and you, regarding your application to and participation in, the Medilution Affiliate and Ambassador Program (the “Affiliate Program”) as an affiliate and/or Ambassador of Medilution (an “Affiliate”), and the establishment of links from your website, social media pages or emails to our website www.medilution.com (the “Site”). Any other language versions than the English version of this Agreement are informational only and not legally binding.
The Affiliate Program is only open to customer orders from countries Medilution is accepting orders from. The relevant countries are shown on the Site’s Home page.
  1.  DEFINITIONS
“Affiliate” or “you” – the business, individual, or entity applying to or participating in the Affiliate Program, or that displays Medilution’s products and/or promotions on its website, social media or other means, using an affiliate unique link in exchange for receiving a commission from Medilution for sales directly resulting from such display.
“Affiliate Site” – The Affiliate’s website, social media or other means, which displays Medilution’s Products and/or promotions.
“Medilution’s Products” – products that are available for purchase from Medilution’s website www.medilution.com.
“Net Sale Price” means the total received in Euro (after conversion from non-Euro currency to Euro, if necessary) from the Customer less any tax collected by the Company for or on behalf of any governmental or taxing authority (such as a sales tax or VAT).
  1. ENROLMENT IN THE AFFILIATE PROGRAM
In order to qualify for enrolment you need:
a) An IBAN business account and be able to receive SEPA payments to the same account.
b) A valid VAT identification number which can be verified online at the EU’s official VIES website.
c) To be 18 years of age or older.
To begin the enrolment process, you will need to complete and submit the online application of our Affiliate Program using this link: Affiliate & Ambassador Application
After submitting the form, you will receive e-mail notification. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that Affiliate Site is not suitable for the Affiliate Program, including if it: i) promotes sexually explicit materials, violence, illegal activities, ii) discriminates based on race, sex, religion, nationality, disability, sexual orientation, age, or, iii) is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
Also, we may terminate your application if your web site incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law and contains software downloads that potentially enable diversions of commission from other affiliates in our program.
If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. Medilution, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
Once your application has been confirmed by Medilution you will have access to your account on https://medilution.com/my-account/
Your account will allow access to personal unique Affiliate Program links and approved promotional materials. Promotional materials may contain Medilution trademarks, logos and slogans for you to display on your Affiliate Site. By entering this Agreement, we grant you a non-exclusive, limited and non-transferable license to access, download and place the approved promotional material on your website with the sole purpose to promote Medilution’s products.
If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited and non-transferable license to access, download and place the approved promotional materials of Medilution will be immediately and automatically withdrawn.
  1. AFFILIATE TRACKING COOKIES
We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of the user who clicks on the affiliate link to reach our website. Every cookie is stored for 90 days. If a previous affiliate’s cookie is already placed in the same user’s browser it will be overwritten with the new cookie. If cookies are deleted intentionally by the user Medilution does not hold responsibility for this action and for any commissions that may be owed to you.
  1. AFFILIATE COMMISSION AND PAYMENT
Subject to your proper installation and use of the Links, you will be compensated based upon the Net Sale Price from Completed Transactions (“Net Sales”). Your compensation (the “Fee”) shall be based on any of the following affiliate groups and percentages of commission:
i) Influencers & Affiliates: Standard commission is 20% on Net Sales.
ii) Super Affiliates: 30% commission on Net Sales. If traffic from Affiliate Site generates net sales exceeding €5,000 any month, we will pay 10% extra commission on top of your standard commission of 20% on all net sales invoiced in the relevant period.
iii) Two-Tier-Affiliate-Members – 2nd Tier: 5% commission on Net Sales generated by Affiliates you have recruited to our Affiliate Program.
You will receive your Fee on live subscriptions billed during the life of the cookie.
The Fee will be offset with respect to each Completed Transaction for which there is a chargeback issued against the Company for any payment previously credited to the Company.
The Company reserves the right to refuse an attempted purchase by any person, in the Company’s sole and absolute discretion.  You shall have no claim to any Fee based on the Company’s decision to not complete transaction with any person who accesses the Site through a Link on the Affiliate Site.
The Fee relative to Completed Transaction shall be payable to you on or before the last day of the following month providing the Fees due you are at least €100 and, if not, we will accrue your Fees until the amount due you are at least €100. All Fees due are payable in Euro and against an invoice from you. The invoice shall include the correct amount due, your name or company name, VAT number and IBAN number.
Notwithstanding the foregoing, if and to the extent you are required to file or provide certain documentation for banking regulations, tax or other governmental purposes, payment of the Fees may be suspended pending completion of such documentation.
  1. TERMINATION
At any time, you can terminate this Agreement by deleting your Account. Medilution can cancel and terminate this Agreement, regardless of circumstances, by giving notice, both written notice and email letter are acceptable forms of such notice. Medilution may also terminate Agreement should any of the terms herein become violated.
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future commissions. If any commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular pay-out cycle. No outstanding commission payments will be due if your account is terminated due to the violation of this Agreement.
Once the Affiliate account is terminated, the Affiliate is obliged to remove all promotional materials, links, logos, trademarks, and slogans of Medilution from his website within a period of three business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of Medilution’s trademark(s), logo(s), photo(s), video(s), slogan(s) or any other promotional materials provided by Medilution and will refrain from any actions that may affect the reputation, image or any business relations with current and potential clients of Medilution directly or indirectly.
Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.
  1. AMENDMENTS
We retain the right to change any policies or terms of this Affiliate Agreement. The amendments and/or supplements of the Agreement are effective immediately upon being posted to Medilution’s website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on Medilution’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate agreement, you can terminate the agreement using the termination process.
  1. AFFILIATE ADVERTISING
Cannabidiol (CBD) is a natural constituent of hemp and it is a dietary supplement. Our products are not intended to diagnose, treat, cure or prevent any disease. All products advertised by Affiliates may not in any shape or form be advertised for sale as medicinal products or that they are intended to diagnose, treat, cure or prevent any disease.
Where you advertise Medilution’s brand and products, you must clearly represent yourself and your web sites as independent from Medilution. You may use mailings to customers to promote Medilution so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Medilution so long as the newsgroup specifically welcomes commercial messages.
Certain forms of advertising are prohibited by Medilution. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Medilution Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
To maintain branding and consistency it is very important we stick to single social media accounts with Medilution name. Affiliates are not allowed to use Medilution name in the name of their social media pages (for example medilution_uk, medilution.cbd etc). Multiple accounts can lead to customer confusion.
  1. DATA PROTECTION
By entering into this Agreement, you acknowledge that as part of the Affiliate Program, either party may access personal data relating to the proposals in this agreement, or as permitted by GDPR regulations regarding data protection enacted on May 25, 2018, if the Affiliate is doing business within the EU.
All Affiliates shall maintain and post in a conspicuous manner on any website involved in the Medilution Affiliate Program a privacy policy that clearly and adequately describes how consumer information is collected and used. The privacy policy must fully and accurately disclose your use of third-party technology, use of cookies, and options for discontinuing use of such cookies. The privacy policy and data protection mechanisms used must comply with all data privacy and protection regulations which apply within the countries the Affiliate conducts business (examples include but are not limited to EU Privacy Shield, GDPR, etc.). Medilution reserves the right to review your privacy policy as necessary. Failure to have a privacy policy may result in termination from the Medilution Affiliate Program.
  1. LIMITATIONS OF LIABILITY
This Medilution Affiliate Program is provided on an “as is” basis. The use of such a program is entirely at your own risk. We make no representations or warranties, either expressed or implied, with regards to the affiliate program or any products and service provided.
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 Medilution’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.
  1. INDEMNIFICATION
The Company and its affiliates, owners, principals, officers, employees and agents shall be referred to, collectively, as “the Company Indemnitees.”
You agree to and shall indemnify, defend (with legal counsel reasonably acceptable to the Company Indemnitees) and hold the Company Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from:
(a) any misrepresentation by, or breach of any covenant or warranty of yours contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by you hereunder,
(b) any non-fulfillment of any agreement by you under this Agreement,
(c) any suit, action, proceeding, claim or investigation against the Company Indemnitees which arises from or which is based upon or pertaining to your acts or omissions or conduct of business,
(d) failure to comply with the terms of this Agreement by you or your employees and agents,
(e) failure to comply with applicable law by you or your employees and agents,
(f) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your employees and agents,
(g) failure to pay appropriate taxes for yourself or your employees and agents (including withholding taxes, if any), or
(h) the Affiliate Site contains or promotes materials that infringe or violate the copyright or other intellectual property rights of any third parties.
If any lawsuit, enforcement action or any attempt to collect on an alleged liability is filed against the Company Indemnitees, written notice thereof shall be given to you within ten (10) business days after receipt of notice or other date by which action must be taken; provided, however, that the failure of the Company Indemnitees to give timely notice shall not affect its rights to indemnification hereunder except to the extent that you demonstrate damage caused by such failure. After such notice, you shall be entitled, if you so elect, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of your own choice to handle and defend the same, at your reasonable cost and expense. The Company Indemnitees shall cooperate in all reasonable respects, at your cost and expense, with you and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. You shall not, without the prior written consent of the Company Indemnitees, effect any settlement of any proceeding in respect of which the Company Indemnitees is/are a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by you and includes an unconditional release of the Company Indemnitees from all liability on claims that are the subject matter of such proceeding.
If you shall have an indemnification, defense and hold harmless obligation, as above provided, and shall fail to assume such obligation, then the Company Indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as the Company Indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by you upon demand by the Company Indemnitees.
The Company may deduct or offset or withhold your Fees if the Company, in its sole and absolute discretion, determines that you have committed some act that is likely to result in disputes, chargebacks or damages to the Company to which the Company would be entitled to indemnification by you.
  1. CONFIDENTIALITY
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. MISCELLANEOUS
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 Medilution. 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 Agreement.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all the business or assets of a third party.
  1. ASSIGNMENT, SUCCESSION
You may not assign this Agreement. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement is binding upon and will inure to the benefit of the successors, heirs and permitted assigns of the Parties.
This Agreement shall be binding upon the Parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees and/or agents.
  1. CHOICE OF LAW
This Agreement shall be governed by the laws of the Netherlands without application of principles of conflicts of laws.
  1. INTERPRETATION
If any provision hereof is found invalid or unenforceable, that part shall be amended to achieve as nearly as possible the same effect as the original provision and the remainder of this Agreement shall remain in full force and effect.
  1. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Courts of Amsterdam. The language to be used shall be English.
  1. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between you and the Company, written or oral, to the extent they relate in any way to the subject matter hereof.
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