Operating Agreement...
 

 

This agreement describes the entire terms and conditions for participation in The Center for Nutrition, Inc. (www.wayne-pickering.com) Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to The Center for Nutrition, Inc. (www.wayne-pickering.com) products.
Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to The Center for Nutrition, Inc. (www.wayne-pickering.com) and the terms "product" or "products" refer to “The Perfect Diet MINI Program” + “Is Your Diet A Riot? Deluxe Video Series” + "The Perfect Diet Weight Loss Program" + "MLM Special" + "Flourishing Finances" + "Defeating Bad Eating" + "Health at Last" + "Romance of Finance" + "Beating Burnout Blues".

You can add or remove links at any time: You may add as many links to The Center for Nutrition, Inc. (www.wayne-pickering.com), or remove such links, at anytime and without prior approval from The Center for Nutrition, Inc. (www.wayne-pickering.com)

Referral Fee Qualifying Products: “The Perfect Diet MINI Program” + “Is Your Diet A Riot? Deluxe Video Series” + "The Perfect Diet Weight Loss Program" + "Flourishing Finances" + "Defeating Bad Eating" + "Health at Last" + "Beating Burnout Special" + "Romance of Finance"+ "MLM Special" + "Beating Burnout Blues" sold by The Center for Nutrition, Inc. (www.wayne-pickering.com) originating from a special link or links at your sponsoring website or emails qualify to earn you referral fees. The following products will be considered "qualifying products":

Products that meet the following criteria:
1.Products sold to customers who follow a special link from your sponsoring website to our site and submit that order by using The Center for Nutrition, Inc. (www.wayne-pickering.com) order forms, 800#, or mailing address.

The following products will not be considered qualifying courses for referral fees:
1. Products sold through any other special link to our site other than the specific URL's that you are assigned to your sponsoring website.

Referral Fee Amount:

The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by The Center for Nutrition, Inc. (www.wayne-pickering.com), shipped/sent to a customer and for which The Center for Nutrition, Inc. (www.wayne-pickering.com) has received full payment will qualify for a referral fee.

The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule:

Perfect Diet MINI Program 35% referral fee for 1st tier (level) and 10% for sub-affiliates = 2nd tier (level) for online, mail in orders, fax orders, or 800# orders. Once you have reached 10 sales each month, you're referral fee will increase to 40% referral fee for 1st tier (level) and 15% for sub-affiliates = 2nd tier (level)

"Is Your Diet A Riot?" Deluxe Video Series 35% referral fee for 1st tier (level) and 10% for sub-affiliates = 2nd tier (level) for online, mail in orders, fax orders, or 800# orders. Once you have reached 10 sales each month, you're referral fee will increase to 40% referral fee for 1st tier (level) and 15% of the profit for sub-affiliates = 2nd tier (level)

The "The Perfect Diet Weight Loss Program" 35% referral fee for 1st tier (level) and 10% for sub-affiliates = 2nd tier (level) for online, mail in orders, fax orders, or 800# orders. Once you have reached 10 sales each month, you're referral fee will increase to 40% referral fee for 1st tier (level) and 15% of the profit for sub-affiliates = 2nd tier (level)

The "Flourishing Finances" 35% referral fee for 1st tier (level) and 10% for sub-affiliates = 2nd tier (level) for online, mail in orders, fax orders, or 800# orders. Once you have reached 10 sales each month, you're referral fee will increase to 40% referral fee for 1st tier (level) and 15% of the profit for sub-affiliates = 2nd tier (level)

The Defeating Bad Eating sells for $88.17 and you will receive $30.86 commission when people you refer to the site purchase it. And you get paid $8.82 if those people refer customers to the site and the customer (sub-affiliates) purchases any of our products you registered for. We pay 2 tiers deep.

Health at Last sells for $98.13 and you will receive $34.35 commission when people you refer to the site purchase it. And you get paid $9.81 if those people refer customers to the site and the customer (sub-affiliates) purchases any of our products you registered for. We pay 2 tiers deep.

Beating Burnout Special sells for $127.00 and you will receive $44.45 commission when people you refer to the site purchase it. And you get paid $12.70 if those people refer customers to the site and the customer (sub-affiliates) purchases any of our products you registered for. We pay 2 tiers deep.

Romance of Finance sells for $47.00 and you will receive $16.45 commission when people you refer to the site purchase it. And you get paid $4.70 if those people refer customers to the site and the customer (sub-affiliates) purchases any of our products you registered for. We pay 2 tiers deep.

MLM Special sells for $47.00 and you will receive $16.45 commission when people you refer to the site purchase it. And you get paid $4.70 if those people refer customers to the site and the customer (sub-affiliates) purchases any of our products you registered for. We pay 2 tiers deep.

Beating Burnout Blues is a signup site and redirects signups to Beating Burnout Special which sells for $197.00 and you will receive $68.95 commission when people you refer to the site purchase it. And you get paid $19.70 if those people refer customers to the site and the customer (sub-affiliates) purchases any of our products you registered for. We pay 2 tiers deep.

Referral Fee Payment:

The Center for Nutrition, Inc. (www.wayne-pickering.com) will send a referral fee check for the applicable referral fee approximately 5 days after the 1st of each calendar month when you reach $50 or more in affiliate commissions.

Referral Fees:

Returns and Cancellations: If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.

Order Processing: The Center for Nutrition, Inc. (www.wayne-pickering.com) will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website or email. Order entry will use The Center for Nutrition, Inc. (www.wayne-pickering.com) secure online ordering process, The Center for Nutrition, Inc. (www.wayne-pickering.com) 800 phone line, or The Center for Nutrition, Inc. (www.wayne-pickering.com) mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of The Center for Nutrition, Inc. (www.wayne-pickering.com)

All of the rules, operating procedures and policies of The Center for Nutrition, Inc. (www.wayne-pickering.com) regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website or email.

The Center for Nutrition, Inc. (www.wayne-pickering.com) reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

Tracking of Sales: The Center for Nutrition, Inc. (www.wayne-pickering.com) will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website or email. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant in real time with a special URL that they are assigned.

Promotional Techniques: You are free to promote the link to www.wayne-pickering.com in all the ways we recommend in the introduction letter you receive by email immediately after you sign up. Examples of acceptable ways to promote the products are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of The Center for Nutrition, Inc. (www.wayne-pickering.com)

As well, if you choose to promote The Center for Nutrition, Inc. (www.wayne-pickering.com) SubReseller Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote The Center for Nutrition, Inc. (www.wayne-pickering.com) Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of The Center for Nutrition, Inc. (www.wayne-pickering.com)

References/Testimonials: You agree to cooperate with The Center for Nutrition, Inc. (www.wayne-pickering.com) in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.

Associates Signing-Up Under Themselves: We will not tolerate current associates signing themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of The Center for Nutrition, Inc. (www.wayne-pickering.com) To put it bluntly, it's not worth trying!

Copyrighted Material: As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. The Center for Nutrition, Inc. (www.wayne-pickering.com) will not be responsible if you use another party's copyrighted material in violation of the law.

The Center for Nutrition, Inc. (www.wayne-pickering.com) policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of The Center for Nutrition, Inc. (www.wayne-pickering.com) The Participant does not have the authority to make or accept any offer on behalf of The Center for Nutrition, Inc. (www.wayne-pickering.com) All The Center for Nutrition, Inc. (www.wayne-pickering.com) policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. The Center for Nutrition, Inc. (www.wayne-pickering.com) is not responsible for any representations made by the Participant which contradict our policies.

Product Prices and Availability: The price charged for every product sold under this program will be determined by The Center for Nutrition, Inc. (www.wayne-pickering.com) according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on The Center for Nutrition, Inc. (www.wayne-pickering.com) webpage linked from your sponsoring website or email.

Product availability can change, and The Center for Nutrition, Inc. (www.wayne-pickering.com) will present the best information available to all sponsoring sites and its clients regarding product availability.

Website Service Interruption: The Center for Nutrition, Inc. (www.wayne-pickering.com) will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold The Center for Nutrition, Inc. (www.wayne-pickering.com) liable for any of the consequences of such interruptions.

Trademarks, Trade Names & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services/products.

Term of Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by The Center for Nutrition, Inc. (www.wayne-pickering.com), and shall end when canceled by either party as provided below.

Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The Agreement May Be Modified: The Center for Nutrition, Inc. (www.wayne-pickering.com) reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of the Agreement: Either The Center for Nutrition, Inc. (www.wayne-pickering.com) or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

This is Stuff only lawyers can understand (but it's part of the agreement):

Warranty Disclaimer:

The Center for Nutrition, Inc. (www.wayne-pickering.com) makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in The Center for Nutrition, Inc. (www.wayne-pickering.com)'s then current product sales policies, any products sold there under, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages: The Center for Nutrition, Inc. (www.wayne-pickering.com) shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if The Center for Nutrition, Inc. (www.wayne-pickering.com) has been advised of the possibility of such damages. Further, The Center for Nutrition, Inc. (www.wayne-pickering.com)'s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by The Center for Nutrition, Inc. (www.wayne-pickering.com) to Participant under this agreement.

Miscellaneous: Participant and The Center for Nutrition, Inc. (www.wayne-pickering.com) are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of The Center for Nutrition, Inc. (www.wayne-pickering.com) Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law: This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles

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If you experience any problems, please email mangoman@wayne-pickering.com.

Wayne Pickering
Center for Nutrition & Life Management, Inc
1 Glowing Health Way
Box 26-3030
Daytona Beach, FL 32126-3030
Tel: 1-866 MANGOMAN (626-4662)
Fax: 1-772-382-8487 Tel: 1-386-441-4487
Maintained by: Navona Designs