Espace d’affiliation

DOSE Juices inc. (“DOSE” or “we”) is excited to launch the DOSE affiliate program, which allows you, as a DOSE Affiliate (“Affiliate” or “you”) the chance to try our different products and earn money at the same time, as further described herein (“Affiliate Program”). By becoming an Affiliate, you agree to these DOSE Affiliate Program Terms and Conditions (“Agreement”).
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ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE IN SECTION 17 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND DOSE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND DOSE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. GETTING STARTED
Participating in the DOSE Affiliate Program is easy! First, you have to apply to our Affiliate Program by creating an account with us and filling out an application here. By applying to the Affiliate Program, you represent and warrant that you are at least 18 years of age and you are a resident of Canada.

After you complete the online application, DOSE will review your application and, in its sole discretion, may accept you as a DOSE Affiliate, which is based on brand and demographic fit and shall be monitored on an ongoing basis. If DOSE chooses you as an Affiliate, then DOSE will provide confirmation via email. Once approved, you will access your account and be given a unique URL (“Unique URL”) to display on your website and social media channels as described in this Agreement.
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DOSE may re-evaluate your Affiliate status and reserves the right to terminate such Affiliate status at any time, which shall take effect immediately.

2. ELIGIBLE DOSE PRODUCTS & VALID PURCHASES
You may earn a Commission on every DOSE product.
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A “Valid Purchase” means that a Customer clicked on your Unique URL and purchased a DOSE Eligible Product from dosejuice.com (the “DOSE website”) within 7 days of the first click of the Unique URL, and which has been approved by DOSE. This means that if someone clicks on your Unique URL on day 1, but purchases an Eligible Product on day 8, then this is not a Valid Purchase. DOSE determines whether a purchase is a Valid Purchase in its sole discretion, and has sole right to make decisions if discrepancies in tracking exist.
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You agree that DOSE has the right to all tracking data that Affiliate gathers through its participation in this Affiliate Program, which is tracked by the affiliate plugin of WordPress.


3. COMMISSION FEES
When a Referral makes a Valid Purchase, you will earn the Commission as outlined in this Agreement. “Referral” shall mean a Customer that has made a Valid Purchase.
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DOSE Affiliates earn a standard commission rate of 15% of the Eligible Products’ sale price, for a term of one valid purchase per customer (“Commission”). No Commissions are paid on renewal terms. This means that if you sell an Eligible Product subscription, you will receive a one-time commission off the subscription price and no further commissions from that Referral. If your Referral terminates that subscription at any point before the 12-month period, then you will not receive any further commissions.
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DOSE reserves the right to change the Commission percentages immediately upon written notice to you. In such case, the new Commission price shall take effect immediately for any Referrals after the date of notice of Commission price change. Affiliates who have a high-performance rate may be eligible to earn a higher commission rate, as determined by DOSE in its sole discretion on a case-by-case basis.
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Commissions are generally paid on the 15 th of the month for Valid Purchases made the prior month. You will need to send us a screenshot of a void cheque in order to get paid your Commissions, and you agree to provide DOSE with your banking information or any other reasonably requested information in order to facilitate payment to you.
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Deductions against Commission: Commissions paid will exclude taxes, VAT, delivery fees and other applicable fees in connection with a sale. We reserve the right to reverse commissions due to returns, order cancellations, erroneous order duplications or erroneous payments made to you. We also reserve the right to defer or refuse Commissions for disputed orders or orders we reject and cannot fulfill. We reserve the right to refuse or reverse Commissions in the event Affiliate is in breach of this Agreement.


4. PROMOTING DOSE PRODUCTS
You must comply with the following requirements when promoting DOSE Eligible Products:
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You may direct consumers to DOSE products through links to the DOSE website (and associated subdomains) placed on your personal website or social media channels (subject to the restrictions below), provided that such websites or social media channels are aligned with the DOSE brand, as determined by DOSE in its discretion. For example, you may not place links to the DOSE website, on sites or social media that contain obscene, vulgar, profane, discriminatory, illegal, harmful or violent material. You may not share your link with promo codes or discounts websites.
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You may not purchase, own or bid any domain names with the word DOSE or its products’ or services’ brand names (including without limitation DOSE or DOSE Juice) or any variations or misspellings thereof (collectively “DOSE Marks”) or otherwise use the DOSE Marks in the sub-domain of your website URL. You may not purchase any advertising keywords that contain the DOSE Marks. You may not use any DOSE Marks in your social media account names.
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You may not post on any official DOSE social media platform in order to attempt to drive consumers to your website or social media sites.
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You may not offer any discounts, free trials, coupons, rebates, “kickbacks,” or any other promotional offers that are not expressly approved by DOSE in writing.
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You may use the DOSE Marks on your website or social media, provided that such uses are (i) not part of the social media name or website URL, (ii) in accordance with the social media terms of service and (iii) in accordance with the DOSE marketing guidelines, which may be communicated to you from time to time.

You may not create a website or social media account that in any way copies, resembles or has the look and feel of the DOSE website or social media accounts.
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You may not make any representations or warranties regarding the DOSE products and services on DOSE’s behalf, without the prior written consent of DOSE. All statements made by you regarding the DOSE products and purchase terms must be true and accurate.
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You may give your own opinions about DOSE products and services. You agree to promote the Eligible Products and conduct business in a manner that reflects favourably at all times on Eligible Products, or any other DOSE products and services, and the good name, goodwill, and reputation of DOSE.
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You may not connect the DOSE Marks with any products or services not aligned with the DOSE brand, which is determined by DOSE in its sole discretion, for example, grey market, counterfeit or illegal products/services, products/services that promote violence, discrimination or harm, and products/services associated with pornography or obscenity.
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You may not use materials that (i) infringe on third party rights, including intellectual property, publicity or privacy rights, (ii) are threatening, harassing, defamatory, obscene, harmful, offensive, or contains nudity, pornography, or sexually explicit materials, or that appeal to minors; (iii) contain 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 information; or (iv) 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 payments from another website, including toolbars, browser plug-ins, extensions, and add-ons.
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You may not use any automated software or other technology in an attempt to manipulate or create fake Valid Purchases or otherwise engage in behaviour that is fraudulent, abusive or harmful to the Affiliate Program, other Affiliates, DOSE customers or DOSE.
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You may not send unsolicited bulk emails (spam).
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You must disclose that in all marketing and advertising, including social media posts, that you are a DOSE Affiliate and receiving compensation for any sales of the Products, and include the word “ad” or “advertisement” as required by applicable laws, including your local laws.
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You must follow all applicable rules, guidelines, community standards and online terms by applicable social media platforms, laws and regulations, including without limitation, privacy, marketing and advertising laws and any FTC or other applicable disclosure guidelines, which are discussed further in section 9 below.


5. DOSE LICENSED MATERIALS
DOSE may provide you with promotional materials, including but not limited to graphic banners, DOSE Marks, including logos, and other content to be used on your website or social media pages (“Licensed Materials''). DOSE grants you a limited license to use these Licensed Materials in accordance with this Agreement and any other brand guidelines that DOSE may provide. DOSE brand guidelines include using the most up-to-date version of logos and not altering any Licensed Material that may be given to you by DOSE. All uses of the Licensed Materials inures to the benefit of DOSE. You agree to immediately cease use of any DOSE Licensed Materials not in accordance with DOSE brand guidelines upon request by DOSE, or upon the termination of your Affiliate status. This license may be revoked by DOSE at any time immediately upon notice to you. DOSE retains all right, title, and interest in and to the Licensed Materials.

To the extent, you create your own advertising materials that contain any unaltered Licensed Materials, such as the DOSE Marks, DOSE reserves the right to review and approve such materials, including email copies, website and social media copies or promotions that may appear offline communications such as press conferences. You agree to promptly provide DOSE with such copies when requested by DOSE.


6. PUBLICITY
You agree that DOSE may use your name and likeness in its own marketing. You further agree that DOSE may use, reproduce, create derivative works of, publicly display and distribute any content or materials you may create under this Affiliate Program in connection with the marketing of DOSE’s products and services, including via paid advertisements.

7. CONFIDENTIALITY
From time to time, DOSE may provide Affiliates with confidential and sensitive information around the DOSE Eligible Products or certain campaigns or offers, and Affiliate agrees to keep such information strictly confidential and not to release such confidential information into the public domain at any time before it becomes public by DOSE. Affiliate agrees to only use such confidential information for performing its obligations as an Affiliate and never for its own benefit. Affiliate also agrees that information about Referrals, and associated customer information, is Confidential Information of DOSE.


8. INTELLECTUAL PROPERTY
The DOSE Eligible Products, DOSE Licensed Materials, including the DOSE Marks, domain names and promotional materials constitute intellectual property owned by DOSE, including trademarks, copyrights, patents and trade secrets. Affiliate also acknowledges DOSE’s ownership of all customer-related information, including those arising from Referrals. Affiliate must respect the intellectual property of DOSE at all times, including being in full compliance with this Agreement.

9. LEGAL COMPLIANCE
You represent and warrant that you are in compliance with and will continue to comply with all applicable CAN and international laws, rules, and regulations. This includes, without limitation, applicable laws governing marketing emails, including, the CAN-SPAM Act, Telemarketing Sales Rule, Telephone Consumer Protection Act, e-Privacy Directive (as may be superseded by the e-Privacy Regulation), any FTC rules, regulations or guidelines relating to marketing, endorsements and disclosures of material connections, and all other anti-spam laws, privacy laws and regulations and rules, regulations and laws governing false or deceptive advertising and intellectual property infringement. More information on FTC disclosure guidelines can be found on the FTC website, including at https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing. More information on the disclosure of material connections rules can be found here. When acting as an Affiliate via third-party social media platforms (such as Facebook, Instagram, etc.), you agree to comply with all applicable online policies and terms of use, community standards, and stated values of such third party platforms.
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If you are marketing or acting as an Affiliate outside the Canada, you are fully responsible for compliance with all local laws, including marketing, advertising and privacy regulations. If you are unsure about applicable rules, please consult an attorney or consumer protection authority within your jurisdiction for further guidance and instructions on how to act as an Affiliate compliantly.

10. GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
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You are responsible for your employees, agents or contractors and shall be liable for their acts or omissions in breach of this Agreement.
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You have the full right, power and authority to enter into this Agreement and to perform your obligations hereunder, without the approval or consent of any other party, and your participation in this Affiliate program complies and will comply with the laws in your jurisdiction.
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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, and that your performance of your obligations under this Agreement does not (and will not) constitute a breach of or conflict with any other agreement or arrangement by which you are bound.


11. INDEMNIFICATION
You agree to fully indemnify and hold DOSE harmless, continually on demand, against any and all claims, liabilities, losses, damages, judgments, settlements, attorneys’ fees and other costs and expenses, including from a third party, incurred by DOSE and its affiliates, and their respective officers, directors, shareholders, employees and contractors, which arise out of or relate to your breach of this Agreement or your conduct or omissions with this Affiliate Program, including by your contractors or employees. DOSE shall have sole discretion over the defense of any claim at your sole cost.

12. DISCLAIMER OF WARRANTIES & LIMITATION ON LIABILITY
NEITHER DOSE NOR ANY PERSON ON DOSE'S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, WITH RESPECT TO THE AFFILIATE PROGRAM, DOSE ELIGIBLE PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MINIMUM COMMISSIONS, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND AFFILIATE ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY DOSE, OR ANY OTHER PERSON ON DOSE’S BEHALF.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT IS DOSE ITS LICENSORS LIABLE FOR (I) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, OR (II) DIRECT DAMAGES IN EXCESS OF THE AMOUNTS PAID BY DOSE TO AFFILIATE IN THE PRECEDING 6 MONTHS, WHICH ARISE OUT OF OR RELATE TO THIS AGREEMENT, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT AFFILIATE WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

13. MODIFICATION AND TERMINATION
DOSE reserves the right to change, modify, and/or eliminate the Affiliate Program and/or all or any portion of this Agreement or any policy pertaining to the Affiliate Program at any time and for any reason in its sole discretion, including our right to discontinue or change the benefits or Commission received under the Affiliate Program or merge the Affiliate Program with another program. We will post the updated terms on our website and email you notice of such changes, and your continued participation in the Affiliate Program constitutes your acceptance of the updated terms.
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DOSE reserves the right to suspend or remove Affiliates from the DOSE Affiliate Program at any time, without warning, in its sole discretion. Either party may terminate this Agreement, with or without cause, upon notice to the other party. Upon termination, you agree to immediately discontinue use of your Unique URL and all links to DOSE websites, and use of DOSE Licensed Materials, including the DOSE Marks. Without limiting DOSE’s remedies, Affiliates terminated due to malicious or fraudulent behavior will also have all prior Commissions revoked.


14. RECORDS
You will maintain accurate and complete records relating to your conduct under the Affiliate Program. Upon request, you will enable DOSE or its designated service provider to audit your records and other materials to verify your compliance with the Agreement and you agree to provide reasonable cooperation. You will promptly notify DOSE of any inquiry received by you from any news media, publication, or governmental authority, and of any complaints or allegations of wrongdoing received by you, with regard to DOSE, the Affiliate Program, or your conduct under this Agreement.

15. INDEPENDENT CONTRACTOR
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 website or otherwise, that reasonably would contradict anything in this section. You may be required to complete a Form W-9, or other paperwork, as a condition of receiving your Commission and will cooperate with all requests by DOSE to complete documentation in connection with your participation in the Affiliate Program and to comply with applicable tax obligations.

16. ASSIGNMENT
You may not assign or delegate any rights or obligations under this Agreement.

17. ARBITRATION
PLEASE READ THIS IMPORTANT LANGUAGE. YOU ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT, YOU ARE AGREEING TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND DOSE.
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Before commencing arbitration, you agree to first give DOSE notice of your dispute by sending details about the dispute to info@dosejuice.com. You and DOSE shall first attempt to resolve any dispute in good faith through informal negotiations within 60 days from your notice. After 60 days, either party may commence arbitration.
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Except as provided below, Affiliate and DOSE agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, formation, validity, construction, performance, breach or termination of this Agreement shall be settled by binding arbitration in accordance with the JAMS International Arbitration Rules and Procedures. Arbitration shall be held with a single arbitrator. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The arbitrator shall apply Canadian law, without regard to conflict of laws rules, to the merits of any dispute or claim.
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You and DOSE agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and DOSE agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding.
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Notwithstanding the foregoing, either party may bring an injunctive or equitable relief claim regarding infringement of its intellectual property or unauthorized use or disclosure of its confidential information in a court of competent jurisdiction. The parties consent to the exc

18. SEVERABILITY & WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary for enforceability, and the remainder of this Agreement will have full force and effect. You may not amend or waive any provision of this Agreement unless in writing by both parties. Our failure to enforce your obligations hereunder shall not constitute a waiver of our right to enforce such provision or any other provision of this Agreement.

19. ENTIRE AGREEMENT
This represents that entire Agreement between you and Descript with respect to this Affiliate Program. This Agreement does not alter any other agreements you may have with DOSE, including the DOSE Terms of Service which govern your own use of the DOSE products and which shall remain in full force and effect.

20. CHANGES
DOSE may change the terms of this Agreement upon notice, including Commission rate (as further set forth in Section 3). Any changes shall take effect immediately after the date of notice.