PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY. TO PARTICIPATE IN THE MEDICAL SPA RX AFFILIATE PROGRAM, YOU MUST AGREE TO THE FOLLOWING:
The Medical Spa Rx Affiliate Program and all content, brands, intellectual property rights and other related products are owned by Novera Partnerships Limited.
This Affiliate Program Agreement contains the complete terms and conditions between Novera Partnerships Limited and the Affiliate
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE MEDICAL SPA RX AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERM AND CONDITIONS. YOU ALSO ACCEPTS OUR PRIVACY POLICY AND COOKIES POLICY.
The terms included in this Agreement shall apply to all affiliates who have joined the Medical Spa Rx Affiliate Program starting January 1, 2025.
“Affiliate”, “You”, “Your” means the party, other than us, entering into this Agreement and participating in the Affiliate Program.
“Affiliated Customer” means the authorized actual user of Medical Spa Rx Products who has purchased our Products after being an Affiliate Lead.
“Affiliate Dashboard” means the dashboard that we make available to you upon your acceptance into the Affiliate Program, which you use in order to participate in the Affiliate Program and track of your Commissions.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Dashboard.
“Affiliate Link” means the unique tracking link you place on your site or promote though other channels.
“Affiliate Policies” means the policies applicable to the affiliates which we may make available to you from time to time.
“Affiliate Program” or “Medical Spa Rx Affiliate Program” means our affiliate program as described in this Agreement.
“Affiliate Registration Form” means the registration form that you need to complete and submit in order to become an affiliate of the Medical Spa Rx Affiliate Program.
“Agreement” means this Affiliate Program Agreement and all materials referred or linked herein.
“Canceled Transaction” means an Affiliated Customer Transaction that has been canceled, suspended, refunded or is subject to chargeback.
“Commission” means an amount described in the Affiliate Tool for each Customer Transaction.
“Customer Data” means all information that an Affiliate Customer submits, and all materials that the Affilaite Customer provides or posts, uploads, inputs or submits for public display through Medical Spa Rx platform.
“Customer Transactions” means those transactions by an Affiliate Customer that are eligible for a Commission pursuant to the terms outlined in this Agreement.
“Medical Spa Rx Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our products.
“Medical Spa Rx Cookies Policy” means our cookies policy available here.
“Medical Spa Rx Intellectual Property” means all intellectual property owned by us, including but not limited to trademarks, trade names, logos, copyrights, patents, corporate names, code, trade secret, moral rights, author’s right or any other rights, intellectual property or proprietary information or material owned by us, regardless whether such intellectual property has been registered or not.
“Medical Spa Rx Platform” means the content platform created by us that can be accessed through the domain https://www.medicalsparx.com/
“Medical Spa Rx Privacy Policy” means our privacy policy available here.
“Medical Spa Rx Products” or “Products” means all the products available in Medical Spa Rx Platform.
“Medical Spa Rx Website”, “Medical Spa Rx Site”, “Website” or “Site” means https://www.medicalsparx.com/ and its sub-domains and/or any other website as may be added by us at its sole discretion from time to time.
“Prohibited Activities” means any activity considered as illegal or not compliant with the applicable laws and regulations or Medical Spa Rx policies, including but not limited to (i) engaging in any fraudulent or harmful activity; (ii) conducting inappropriate advertising practices, including but not limited to false claims, misleading hyperlinks, pay-per-click (PPC) brand bidding, and spamming (such as mass emails or mass newsgroup postings); (iii) advertising on websites that contain or promote illegal activities; (iv) infringing upon Medical Spa Rx Intellectual Property rights; (v) attempting to use self-referrals or engaging in fraudulent transactions; (vi) being suspected of affiliate fraud; or (vii) failing to comply with applicable regulations or laws.
“Tracking System” means Medical Spa Rx system to track the Affiliate Customers registered via the Affiliate Link and their activity.
“We”, “us”, “our” and “Novera Partnerships” means Novera Partnerships, S.L.
To begin the enrollment process, all candidates must complete the following Affiliate Registration Form.
In order to be eligible, any candidate must:
1 – Be a human or a company duly registered and managed by a human. Affiliate Registration Forms submitted by bots or any other automated methods will be rejected.
2 – Provide truthful, verifiable information in order to identify the Affiliate. In the case of companies applying to the Medical Spa Rx Affiliate Program, the information provided must allow us to verify the identity of the directors and Ultimate Beneficiary Owners (UBOs) of the company. Affiliate Registration Forms including fake information will be rejected.
3 – Be over 18 years old.
4 – Provide a valid email address, phone number and any other information or documents required in the Affiliate Registration Form.
5 – Companies must be in good standing with their applicable local regulations and laws as well as with the regulations and laws applicable to us and this Agreement.
We reserve the sole discretion to approve or reject the enrollment of any candidate to the Medical Spa Rx Affiliate Program. Any incomplete or incorrect Affiliate Registration Form will be automatically rejected.
We reserve the right to request additional information from the candidates.
By submitting your Affiliate Registration Form, you accept without reservation the terms and conditions outlined in this Agreement, as well as the Medical Spa Rx Privacy Policy and Medical Spa Rx Cookies Policy.
Your acceptance and participation in the Medical Spa Rx Affiliate Program do not guarantee your acceptance into any other current or future programs that we might launch.
If you are accepted to participate in the Medical Spa Rx Affiliate Program, your participation will not create any exclusive relationship between you and us. You will retain the right to participate in other affiliate programs and to recommend other third-party products, provided that such affiliate programs or products do not directly compete with us.
Upon acceptance into the Medical Spa Rx Affiliate Program, you will receive an Affiliate Link. You may include your Affiliate Link on your website, in emails, or on social media, subject to the terms and conditions outlined in this Agreement.
You will only be eligible for Commissions from Customer Transactions linked to Customers who register through your Affiliate Link.
We, at our sole discretion, may assign one coupon code to you. Under no circumstances will the use of a coupon by a Customer result in a double commission for the Affiliate. Affiliates may only promote coupons that are specifically assigned to them.
We use cookies to identify Affiliate Leads who are redirected to our website through the Affiliate Link. Each Affiliate Lead is assigned a unique cookie.
Our cookies are valid for sixty (60) days. Affiliate Leads who do not register on the Medical Spa Rx Platform within this period, or who clear their cookies before registering, will not be identified as your Affiliate Leads and therefore will not generate Commissions.
Affiliate Leads using different Affiliate Links will be identified through the first Affiliate Link they used.
We will process orders placed by Affiliate Customers who have followed the Affiliate Link. We reserve the right, at our sole discretion, to reject orders that do not comply with our terms and conditions or other policies. Rejected orders will not generate a commission for the Affiliate.
Affiliates are entitled to receive a Commission for each Customer Transaction completed by an Affiliate Customer who registers on our Platform via the Affiliate Link assigned to the Affiliate. Each Customer Transaction will generate only one Commission. Under no circumstances will a single Customer Transaction generate multiple Commissions. Commissions will not be allocated or shared among Affiliates.
Only accepted and fully completed Customer Transactions will generate a Commission. Rejected orders, Canceled Transactions, or any other fraudulent transactions will not generate a Commission. Free products will not generate any Commissions. If a Commission has been paid and, for any reason, the Customer Transaction that generated that Commission is canceled and refunded, we reserve the right to offset the paid Commission against future Commissions payable to the same Affiliate.
Affiliates acknowledge and accept that their rights to receive a Commission or the type or amount of the Commission they are entitled to receive may be modified at any time. Modifications may include limitations on the period during which Commissions are generated, the maximum amount of Commissions an Affiliate can receive within a given time period, or any other limitation that we may deem appropriate. The individual terms and conditions applicable to Affiliates’ Commissions will be shared with Affiliates in a separate document and/or displayed in their individual Affiliate Dashboards.
In order to receive payment for the Commissions generated, all Affiliates must: (a) be validly registered as an Affiliate; (b) have completed their Affiliate information, including payment details. It is the Affiliate’s obligation to keep this information updated; (c) meet any minimum threshold required to receive a payment.
Affiliates are responsible for and shall bear any and all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred in receiving payment.
If we determine that payment of a Commission in any jurisdiction is illegal or non-compliant under any circumstances (legal or otherwise), we reserve the right to suspend the payment until such situation is resolved.
We reserve the right to decide at any time which payment methods and currencies are accepted for paying out Commissions.
As a member of the Medical Spa Rx Affiliate Program, you acknowledge and accept to comply at all times with the following obligations:
(a) You are solely responsible for the maintenance, compliance, availability, and content of your website. You shall create your own promotional materials and content in accordance with the terms and conditions of this Agreement.
(b) You shall refrain from including any content or images, regardless of ownership, that might contain misleading, defamatory, obscene, illegal, bigoted, or pornographic elements, or any other element deemed offensive or that could harm Medical Spa Rx Affiliate Program or Novera Partnerships’ reputation.
(c) You grant us the right to monitor your website at any time and to share with us any and all information we may request from time to time.
(d) You will follow Medical Spa Rx’s policies and regulations and, if applicable, implement the necessary changes on your website to comply with such policies and regulations. These changes will not generate any compensation, fee, or payment in your favor, but their implementation is a necessary condition for acceptance into the Medical Spa Rx Affiliate Program. You understand and acknowledge that these policies and regulations may change from time to time.
(e) You will not promote Medical Spa Rx or any of our products through paid advertising or media buying that leads directly to our Website or our Platform unless specifically authorized in writing by us. Such authorization may include limitations or denials of specific keywords.
(f) You will only use our name, brand, intellectual property or products or any of their variations on your website or social media under the terms, conditions, and within the limits specifically authorized in writing by us.
(g) You will comply with all opt-out, unsubscribe, “do not call,” and “do not send” requests from Affiliate Leads and other users or potential leads.
(h) You will not register or purchase domain names or trademarks that include our name, any misspellings or variations of our name, our brand, or any other element that may create confusion between you and us.
(i) You will not use cookie stuffing techniques or click-generators that set the tracking cookie without the Affiliate Lead actually clicking on the Affiliate Link. You will not artificially generate clicks or impressions on your website or create visits on our Site, whether by using bots, software, or other means.
(j) You will not mimic our media or content in any way that could create confusion or lead a third party to believe that your media, content, or website is part of our website or our company.
(k) You will not use spyware, malware, viruses, or any other malicious software or include on your website or use content that employs this kind of malicious software or any software not expressly authorized by the Affiliate Leads.
(l) You cannot use a browser extension to promote the Medical Spa Rx Platform or Medical Spa Rx Products without our direct approval. All coupon codes available in the extension must be approved by us. Under no circumstances shall the browser extension allow Affiliate Leads, Affiliate Customers, or any user or third party to upload new coupons or alter them in any way.
(m) You shall comply with all applicable laws, both foreign and domestic, that may apply to you. Under no circumstances we will be considered liable for your actions or inaction.
It’s our responsibility:
(a) to review all applications and ensure they comply with the requirements outlined in this Agreement.
(b) to provide our Affiliates with an individual, unique Affiliate Link and the Affiliate Dashboard.
(c) to provide all necessary information to our Affiliates.
(d) to process the orders placed by Affiliate Customers, confirm Customer Transactions, and ensure they are reflected in the Affiliate Dashboard.
(e) to manage all Affiliate Customers’ requests, including cancellation and refund requests.
(f) to track the volume and amount of Customer Transactions.
(g) to manage, maintain, and keep the Medical Spa Rx Platform and Medical Spa Rx Site online.
(h) to manage and update the terms and conditions and pricing of Medical Spa Rx Products.
(i) to manage Affiliate payment requests and ensure they receive their Commissions upon compliance with the terms and conditions of this Agreement.
Each party is and shall remain the sole and exclusive owner of all rights, title, and interest in their pre-existing trademarks, copyrights, industrial designs, inventions (whether patentable or not), unpublished patent applications, inventive ideas, innovations, developments, or any other intellectual property rights or proprietary rights.
Under no circumstances shall this Agreement be interpreted as a transfer of Medical Spa Rx Intellectual Property to the Affiliates.
Novera Partnerships and the Affiliate agree that all information, including but not limited to the terms of this Agreement, business, legal and financial information, product information, pricing and sales information, information related to trademarks, intellectual property or business strategies, and any other information that is either identified by one of the parties as confidential or by its nature should be considered confidential, shall remain strictly confidential. Such information shall not be utilized for any purpose outside the terms of this Agreement.
Confidential information shall not include information that is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party without breaching any obligation of confidentiality to the discloser hereunder.
If, either during the term or after the termination of this Agreement, you are compelled or required to disclose any confidential information by law or court order or pursuant to any requirement, request or process of any legal, regulatory or governmental authority, you shall:
1) Give us immediate prior notice of such requirement, request or process so that we may seek an appropriate protective order or other remedy;
2) Only provide the minimal amount of information required to satisfy the requirement or request; and
3) cooperate with us to obtain such protective order or other remedy.
11.1 Term. This Agreement shall enter into force upon our acceptance of your application to enroll in the Medical Spa Rx Affiliate Program and shall continue until terminated.
11.2 Termination without cause. Either party may terminate this Agreement by providing written notice to the other party at least fifteen (15) days prior to the intended date of termination.
11.3 Termination for Agreement Changes. If we amend, update, or replace the terms of this Agreement, you may terminate this Agreement by providing written notice within five (5) days, provided that such termination notice is given within ten (10) days from the date we notify you are notified of the change.
11.4 Termination for cause. We reserve the right, at our sole discretion, to terminate this Agreement immediately and without notice if you breach this Agreement or engage in any Prohibited Activity.
11.5 Effects of termination. The termination of this Agreement, irrespective of the cause, shall not affect your right to receive Commissions as per the terms and limits displayed in your Dashboard or any alternative terms agreed upon by the parties. Upon termination of the Agreement, you must immediately cease all use of the Affiliate Link and remove all references to us or the Medical Spa Rx Affiliate Program from your website and social media accounts.
You hereby undertake, represent, and warrant to us as follows:
(a) You have read and understood this Agreement in its entirety and have had the time and opportunity to seek professional legal counsel before signing it.
(b) This Agreement has been duly and validly executed and accepted by you, and you are bound by the terms and conditions outlined herein.
(c) The execution and performance of this Agreement and the fulfillment of your obligations do not and will not conflict with or violate: (i) any confidentiality, non-competition, non-solicitation, proprietary rights, or other obligations you may have with any third party; (ii) any provision of law, rule, or regulation applicable to you; (iii) any order, judgment, or court decision applicable to you; or (iv) any provision of your bylaws or articles of incorporation.
(d) You are the sole and exclusive owner of your website or possess the necessary licenses or authorizations to use it as part of the Medical Spa Rx Affiliate Program.
18.1 Entire agreement. This Agreement, together with any documents incorporated herein by reference, including, but not limited to, our policies, or generated as a direct consequence of this Agreement, constitutes the sole and entire agreement between the parties regarding the Medical Spa Rx Affiliate Program and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the subject matter of this Agreement.
18.2 Amendment. Affiliates acknowledge and agree that we may update or modify any part or all of this Agreement, including by replacing it in its entirety. Any changes will be communicated to the Affiliates. If you do not agree to the amendment(s), you may terminate this Agreement.
18.3 No waiver. Delays in exercising any right or remedy, or failure to object to any action, shall not be deemed a waiver of such right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on future occasions.
18.4 Force majeure. Neither party shall be held responsible for any failure or delay in performance caused by Force Majeure. For purposes of this Agreement, Force Majeure refers to any unforeseeable circumstances that prevent the parties from fulfilling their obligations, such as acts of war, acts of God, natural disasters, or similar events.
18.5 Severability. If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall apply only to the specific term or provision in question and shall not affect the validity or enforceability of any other term or provision of this Agreement.
18.6 Notices. All notices must be submitted via the Medical Spa Rx Platform using the contact form. We will contact you through the email address you provided in your Affiliate Registration Form. It is your responsibility to keep this email address active and to check it regularly.
18.7 Assignment. Affiliates may not assign or transfer their rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to any subsidiary, affiliate, or company within our corporate group or having common shareholders, whether now or in the future.
18.8 No third-party beneficiaries. Nothing in this Agreement, whether express or implied, is intended to confer any rights, benefits, or remedies on any third-party person or entity (other than the parties to this Agreement).
18.9 No licenses. This Agreement does not grant Affiliates any rights or licenses with respect to Medical Spa Rx Platform, Website, Products, Intellectual Property, Trademarks, or any other assets or rights owned by us or any third party affiliated with us, except as specifically outlined in this Agreement.
18.10 Sales. Nothing in this Agreement shall be interpreted as a limitation of our capacity to do business or sell our products, directly or indirectly, in any markets or to any person or entity.
18.11 Survival. 7 (Affiliate Obligations), 9 (Intellectual Property), 10 (Confidentiality), 13 (Disclaimers), 14 (Indemnity and Indemnification), 15 (Limitation of Liability) and 18 (General) shall survive the termination of this Agreement.
18.12 Governing law. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
18.13 Disputes. The Parties, waiving any objections or rights they may have, hereby irrevocably and unconditionally agree that any dispute or action arising out of or in connection with this Agreement, including but not limited to any question regarding its existence, interpretation, performance, validity, or termination, shall be exclusively referred to and finally resolved by the courts of Madrid.