BRIOTECH AFFILIATE PROGRAM AGREEMENT: The body of this text, (the “Agreement”), as well as the “Additional Terms,” describes the terms and conditions that the “Affiliate” confirms they agree to and will abide by. “Additional Terms” refers to the text, as the section names, under Commission & Business Details on the Briotech Affiliate Program registration page. “Affiliate” refers to any person or organization that submits an application. “Briotech” refers to BT Manufacturing, LLC, the owner and administrator of this program, as made available through the Refersion platform.
ACCESS & DASHBOARD: By submitting an application, the applicant certifies that all information provided is true and accurate. The provision of false or misleading information upon application is strictly prohibited and is considered fraudulent activity. Application decisions for enrollment are made on a case-by-case basis at Briotech’s sole discretion. If accepted, the applicant will receive an email granting access to Briotech's Affiliate Dashboard where they can track, and pull reports for, their referrals, obtain other relevant account information, and receive communications from Briotech. It is the affiliate's responsibility to login to their dashboard regularly, and any communications sent by Briotech to the affiliate's dashboard will be considered received at the time send. If Briotech deems that an applicant does not match with it’s brand or goals, Briotech will deny the application. At any point in time, if an Affiliate does not match with Briotech's brand or goals, or meet the requirements specified in this text or the Additional Terms, Briotech reserves the right to terminate the Affiliate's membership. At any point in time, as a requisite for continued participation in the Briotech Affiliate Program, Briotech may require (1) further verification of an Affiliate's identity, and/or (2) clarification of an Affiliate's promotional activities.
CODES & LINKS: Discount codes provide credit for commission upon use by customers at checkout. Discount codes apply to all standard items available on the Briotech website (
www.briotechusa.shop), and do not apply to specialty items, bundle items, gift cards, items ordered on subscription, or previously-discounted items. Upon acceptance, links and discount codes will be distributed electronically and will also be visible in the Affiliate Dashboard. Affiliates are prohibited from promoting any other codes or links other than those assigned to them. Affiliates are prohibited from sharing, or promoting, their codes on discount code sharing websites. Affiliates may elect to use their own discount codes for personal purchases, however, all instances of personal use of codes and links are ineligible for commission and do not count towards any conversion quota. Conversions associated with personal use are eligible for denial indefinitely, and regardless of status, whether pending or previously granted. If a conversion which is associated with personal use was previously granted, Briotech will deny the conversion retroactively and debit the associated amount from the Affiliate's balance. Purchases are considered personal use if placed, or directly paid, by the affiliate themselves, or by any immediate family members residing with the affiliate, or by any person belonging to the same company or organization as the affiliate. A purchase is also considered personal use if it is destined for any address associated with the affiliate.
FULFILLMENT: Briotech is responsible for all order fulfillment that is generated through Affiliate efforts. Affiliates shall not receive payment for Briotech product or sell Briotech product. Affiliates are not approved resellers of Briotech product, and shall not conduct any sales either directly or via any other platform or venue. Any customers that place orders for Briotech as a result of an Affiliates effort are solely considered Briotech’s customers. As such, Briotech policies will apply, including but not limited to pricing, customer service, availability and terms and conditions.
PAYMENT: Affiliates are required to have an active PayPal account. Earnings shall be assessed on a monthly basis for performance prior (the "Payment Period"). Commissions are calculated on sales not including shipping costs and after application of any promotional discounts. Sales are attributed towards commission when an Affiliate’s discount code is used or the customer is referred via the Affiliates link. Affiliate links utilize a thirty (30) day cookie (the “Cookie Window”). If a customer has been referred by the Affiliate’s link within the Cookie Window and their Affiliate Link was the last Affiliate Link that the customer used to visit the Briotech landing page then, unless a discount code is used, a resulting sale will be attributed towards commission. If both a link and a discount code are used, the default commission attribution is assigned to the discount code used, and any link attribution will be denied. Briotech will not grant a commission to more than one Affiliate per order placed. Due to an order cancellation, return, or error that causes an incorrect attribution, Briotech will cancel any associated conversion or commission previously attributed. All affiliate accounts, conversions, and activity are subject to review for fraudulent or illegal activity and, upon discovery, Briotech reserves the right to deny all pending conversions and withhold all payment, and will terminate the Affiliate’s account. Earnings are scheduled for distribution within 31 days of the end of the 30-day return period for the Payment Period, or as issued by Briotech. Affiliates acknowledge and accept that any payments exceeding $1000 USD may be subject to extended processing times. Briotech may seek to issue multiple payments to an Affiliate to satisfy an Affiliate's balance, in lieu of one bulk payment, as coordinated with said Affiliate upon further communication. It is the Affiliate’s responsibility to ensure their information is accurate and current, including their PayPal payment address, and may forfeit any commissions upon failure to do so. Affiliates are responsible for any fees that result in the denial of an original send for payment, or the need for resend of payment.
CONTENT & CONDUCT: Affiliates shall follow all platform rules regarding creation of content and are prohibited from discussing controversial topics (i.e. political issues) while involving Briotech or Briotech merchandise. Affiliates shall not post content that is considered threatening or harassment, discriminatory, obscene, violent, or illegal. Affiliates shall not engage in spam of any kind, misrepresent themselves, or imply that their communications are on the behalf of Briotech. Affiliates may not engage in digital Pay Per Click (PPC) advertising including, and not limited to, in use with services such as Google Ads. Use of other backend marketing tactics, such as SEO, are also prohibited. Manipulation of search engine results, while leveraging Briotech brand and industry keywords, will result in termination of an affiliate's account. Digital marketing professionals are prohibited from participating in the Briotech Affiliate Program in any technical capacity, especially as a means to circumvent a separate formal business agreement for their services. As a best fit for Briotech's brand goals, Affiliates are encouraged to have direct experience with Briotech products, and are encouraged to create unique and engaging content to share with their friends, followers, and/or clientele.
PARTY RELATIONSHIP: Affiliates affirm that they are independent contractors, and are not representatives of Briotech, and agree that any of their statements and/or claims, unless stated explicitly by Briotech in marketing materials provided by Briotech, are their own. Nothing in this agreement creates, or shall be construed as creating, any joint venture, franchise, partnership, agency, or employment relationship between Briotech and the Affiliate. Affiliates are not authorized to accept or make any representations or offers on Briotech’s behalf.
TERM & TERMINATION: The term of this Agreement begin when Affiliates submit their application and will end when terminated by either party. Either Briotech or the Affiliate can choose to terminate this Agreement at any time, with or without cause. Upon termination of this agreement for any reason, Affiliates will immediately cease use of, and remove from websites and pages all links to the Briotech website, and any Briotech trademarks, logos, other marks, and all materials provided in connection with this program. Affiliates may not reapply for acceptance into the Briotech Affiliate Program unless otherwise specified by Briotech. Any applications submitted by previously terminated affiliates will be denied, unless otherwise specified by Briotech.
LIMITATION OF LIABILITY: Briotech will not be liable for special, indirect, or consequential damages (or any loss of profits, revenues, expenditures or data) arising in connection with this Agreement or participation in this program, even if we have been advised of the possibility of such damages. Briotech will not be held liable for any erroneous, false, or misleading statements and/or claims by Affiliates. Additionally, our total liability arising with regards to this Agreement and program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
DISCLAIMER: We make no express or implied warranties or representations regarding the Affiliate program or Affiliate’s potential to earn income from the Affiliate program. Briotech makes no representation that the functioning of the websites or the Affiliate links and codes will be uninterrupted or error-free, and Briotech will not be liable for the consequences of any interruptions or errors.
INDEMNIFICATION: The Affiliate, at its own expense, shall defend, indemnify and hold Briotech and its subsidiaries and affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) are based on, arise out of, or are related to (i) a breach by affiliate of any representation, warranty, covenant or agreement made by it under this Agreement or (ii) Affiliate’s gross negligence or willful misconduct. Notwithstanding the foregoing, Affiliate acknowledges and agrees that Briotech will be irreparably damaged in the event any of the provisions of this Agreement are not performed by Affiliate in accordance with their specific terms or are otherwise breached. Accordingly, it is agreed that Briotech shall be entitled to an injunction to prevent breaches of this Agreement, and to specific enforcement of this Agreement and its terms and provisions in any action instituted in any court of the United States or any state having subject matter jurisdiction.
MODIFICATIONS: Briotech may modify any of the terms and conditions within this Agreement at any time and at it’s sole discretion. These modifications may include, but are not limited to, changes in the scope of commissions, schedules, expectations, payment procedures and program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in the program, it will be considered as your acceptance of the change.
MISC: Briotech’s failure to enforce your performance of any provision of this Agreement will not constitute a waiver of it’s right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the Briotech Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
DISCLOSURE: Affiliates shall disclose that their efforts are a paid promotion on any pages or posts where including their Affiliate link or discount code. This disclosure is part of FTC requirements and it is the responsibility of the Affiliate to ensure their compliance when participating in the Briotech Affiliate Program.
