hempmeds.ositracker.comAffiliate Software | Omnistar

-- Your browser is unsupported. Upgrade your browser to enjoy a feature-complete experience our site. Update now -- Already registered? -- Login Program Registration Commission Information How to Earn Reward Online Verified Purchase Commission 15.00% (Percent of Sale) *Note If you do not receive the 'welcome' email once you have signed up, please check your spam First Name * Last Name * Email * Choose Password * Confirm Password * Your Web Site Phone * Tax ID TERMS_AND_SERVICES_TEXT Terms of Service . Sign Up Affiliate Software by Omnistar Already registered? REMEMBER_ME Log In Forgot Password? Forgot Password? FORGOT_PASSWORD_TEXT: Terms and Service × Affiliate Agreement 1. The Product . Affiliate shall sell the Product under the marks HempMeds® & Dixie Botanicals™ 2. No Claims . Affiliate and any party referenced herein, SHALL NOT MAKE ANY MEDICAL CLAIMS CONCERNING THE PRODUCT. 3. Intellectual Property . Company has issued and pending intellectual property rights associated with the Product, including trade names and branding and certain copyrighted packaging and advertising materials (“Company’s Intellectual Property”) with respect to which Company hereby grants to Affiliate the following rights under this Section (the “Marketing and Distribution Rights”), which Affiliate may exercise. (“Form”) (a) Generally . The non-exclusive right, license and privilege during the Term (as hereafter defined) and throughout the World (the “Territory”) to use, distribute, sell, advertise, promote and otherwise exploit the Product and all improvements, line extensions and modifications thereof by any and all means and media, in any and all markets, including but not limited to broadcast, cable, satellite and all other forms of television transmission now existing or hereafter developed, including without limitation, infomercials, commercial spots, promos, radio, electronic and computer retailing media (such as the Internet), all print media, direct mail solicitation, package inserts, inbound and outbound telemarketing, credit card syndication, catalog sales, retail sales, and all other channels or means of distribution now existing or hereafter developed. (b) Term . None. The Form is day to day and may be cancelled at any time for any reason by the Company (the “Term"). (c) Use of Trademarks . The right to use any and all trademarks that Company may own or control with respect to the Product, including the unregistered ‘Company’ trademark (the “Trademarks”). Although, with the prior approval of Company, Affiliate may choose to use a different mark to sell the Product and the right to advertise, promote, market, sell and distribute the Product under or in connection with such other trademarks or identifying names or marks as Affiliate may determine, all such different and/or new marks developed or used by Affiliate relating in any manner to the Product shall be the property of, and owned by, Company. (d) Use of Company’s Artwork and Copyrighted Materials . The right to copy and use any and all artwork, promotional materials, advertising collateral, including videos, and other copyrighted materials that Company may own or control with respect to the Product ("Company’s Artwork and Copyrighted Materials"), copies of all of which Company shall provide to Affiliate for this purpose. (e) Names, Likenesses and Endorsements . The right to use the names, likenesses (including, without limitation, photographs, illustrations, films and videotapes), endorsements and testimonials of all endorsers and other persons that Company may own or control with respect to the Product. The Company authorizes Affiliate to obtain the marketing authorizations required for the marketing of the Product. However, if required the Affiliate must retain all required approvals for marketing and distribution at their cost. The Company shall cooperate with the Affiliate and shall submit the Affiliate, at the Company's cost, any and all necessary documentation and/or assistance of any kind, required and/or necessary for marketing and/or distributing the Product. (f) Subaffiliates . The right to appoint such subaffiliates as Affiliate, in its sole judgment, may deem appropriate in order to market and distribute the Product provided all terms stated herein are complied with in its entirety. (g) No Assignment of Intellectual Property Rights . Nothing in this Form shall be construed as an assignment of Company's intellectual property rights. Affiliate shall have no other intellectual property rights except for those expressly granted in this Form. (h) No Commitment for Additional Products . The Affiliate may, but The Company is not committed to request that this Form be extended to such products as the Company manufactures or sells as follow-up or supplementary products. 4. Delivery of the Product. Company undertakes to deliver and the Affiliate undertakes to accept and pay for the Products in accordance with purchase orders as will be sent by the Affiliate to the Company from time to time (the "Purchase Order"). Affiliate will issue Purchase Orders to the Company and the Company will supply the Products in accordance with the Purchase Order within 30 days from the day the Purchase Order was sent to the Company. Payment by Affiliate shall be made prior to delivery of the Product. Prices for the Products are FOB the Company's factory in the USA. In case the Parties shall agree that the Company shall take care of the arranging the delivery, all costs of transportation and insurance shall be paid by Affiliate. All Products supplied by Company hereunder, unless otherwise agreed by the Parties, shall be supplied in their finished dosage form, i.e., once manufactured, labelled, packaged and quality tested, ready to be marketed by Affiliate. 5. Company’s Own Sales Activities . Notwithstanding anything else to the contrary in this Form, Company may continue to sell the Product without restriction. 6. Manufacturing of the Product . The Product will be manufactured by Company, which in turn will use its best efforts to supply all of Affiliate’s needs for the Product. There is no guarantee that the Company will maintain adequate inventory of the Product. 7. Proprietary Rights . Subject to the rights granted to Affiliate under this Form, all right, title and interest in and to the design of the Product, the Trademarks (including any newly developed trademarks or brands associated with the Product, and Company’s Artwork and Copyrighted Materials (collectively, "Company’s Intellectual Property"), is and shall remain the sole property of Company, and neither Affiliate nor any third Party shall acquire any right, title or interest in Company’s Intellectual Property by virtue of this Form or otherwise, except as expressly provided herein. Any modifications to the Product developed by Affiliate and/or Company will be owned by Company and any trademarks developed by Affiliate to be used in conjunction with sales of the Product shall be owned by Company. Any unauthorized use of Company’s Intellectual Property by Affiliate shall be deemed an infringement of the rights of Company therein. Company may at its expense enforce Company’s rights in Company’s Intellectual Property against infringement thereof. If Affiliate requests Company to enforce such rights and Company declines to do so, Affiliate shall have the right (but shall not be required) to enforce such rights, and may do so in Company’s name. The Party enforcing the rights shall be responsible for its own legal fees and expenses incurred in such enforcement efforts, but shall first be reimbursed for such expenditures from any recovery obtained. All monies recovered in excess of such expenditures shall be paid to the Party suffering actual loss to the extent of such loss, and any amount remaining shall be shared equally by Affiliate and by Company. Affiliate shall fully inform Company of the status of any such enforcement efforts undertaken by Affiliate. 8 . Indemn...