• Promote illegal activities
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Violate intellectual property rights
• Or are otherwise deemed inconsistent with the best interests of Physician Formulas.

Creating the Affiliate Link
Once you have completed the online application, we will provide you with a special link which includes your Affiliate ID number to be used in all links between your site and our www.physicianformulas.com website. The Physician Formulas Affiliate program will capture the Affiliate's ID and the linking website's URL. You will only earn referral fees with sales on our site occurring directly through your Physician Formulas Affiliate link. Physician Formulas will not be liable to you with respect to any failure by you to correctly configure the Physician Formulas Affiliate link, by any failure resulting from issues of internet connectivity, web site or application failure on your server or our server or any other such action which may result in your affiliate referral not being credited for a sale.

Bona Fide Orders
Physician Formulas will process all qualified orders placed by customers who follow Physician Formulas affiliate links from your site to ours. We reserve the right to reject orders that do not comply with requirements that Physician Formulas may from time to time establish. Physician Formulas assumes responsibility for all aspects of order processing and fulfillment and will prepare and maintain all order forms; process payments, cancellations, and handle customer service. Physician Formulas will track sales made to customers who purchase products using Physician Formulas affiliate links from your site to our site and will make available to you reports summarizing this sales activity.

Payment of Referral Commissions
Physician Formulas will review all Affiliate accounts approximately once a month. All accounts with affiliate referral fees totaling $70 or more will be paid by check. However, if the referral fees payable to you for any payment period are less than $70, we will hold those referral fees until the total amount due is at least $70 or until this Agreement is terminated. If a Product that generated a referral fee is returned by the customer, we will deduct the corresponding referral fee from your next scheduled payment. If there is no subsequent payment, we will send you a bill for the referral fee.

Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of Physician Formulas, Incorporated. Accordingly, all Physician Formulas rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, it is preferable you not include price information in your product descriptions.

Identifying Yourself as a Physician Formulas Affiliate Partner
We will make available to you a small graphic image that identifies your site as a Program participant. You may display this logo or the phrase "Physician Formulas Affiliate" somewhere on your site. We may modify the text or graphic image of this notice from time to time. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text and such other images for which we grant express permission, solely for the purpose of identifying your site as a Physician Formulas Affiliate Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights.

Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

Liability
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

Term of the Agreement
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Physician Formulas 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 Affilliate Program. You are only eligible to earn referral fees on our sales of Products occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for 60 days to ensure that the correct amount is paid.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, referral fee percentages and frequency of payments, payment procedures, and Affilliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Agreement.

Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.

Miscellaneous
This Agreement will be governed by the laws of the United States and the state of California. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angles, California and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. 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.