Terms of Service
Affiliate Agreement Terms & Conditions
Affiliate must be 18 years or older to participate in Promotion. Promoter reserves the unconditional right to accept or deny any Affiliate who enters the Promotion on the Promoter’s website at https://nutrirem.com/affiliate (the “Enrollment Site”) or who drives traffic to the Promoter’s marketing websites under the N Remedier (M) Sdn Bhd and websites (the “Sites”). Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions or any other compensation or further communication from the Promoter. Affiliate will be immediately removed from this Promotion and from Promoter’s Affiliate Program and will be in violation of this Agreement if, at the sole discretion of the Promoter, its marketing for this Promotion or for its own sites:
- a) contains, promotes or links to sexually explicit or violent material.
- b) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age.
- c) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material.
- d) contains information regarding, promotes or links to a site that provides information or promotes illegal activity.
- e) uses Promoter’s videos, images, banners, likeness, or brand name in or on their websites, thus creating market and consumer confusion (which is illegal and generally referred to as copyright or trademark infringement). To be clear, you may not use our banners, images or videos as if they are your own on your own sites or any other sites, as it may cause a customer to opt-in thinking they are opting in to our communications rather than yours. Clearly, the best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our program, not pretend to be us.
- f) for any other reason that is deemed by us to be unsuitable by the Promoter. Promoter reserves the right to disqualify Affiliates from our Affiliate program, cancel pending commissions based on inappropriate behaviour or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to Affiliate.
- g) offers a cash incentive or discount on product(s) as a means of promotion.
- h) runs any paid ads on Facebook or other social media outlets.
- i) runs any paid ads with the terms Nutrirem, any of the URLs we own, and/or the N Remedier (M) Sdn Bhd Product name.
To summarize, you can only use honest, ethical means for promoting our product(s) and if you have a creative idea about using the N Remedier (M) Sdn Bhd name or any of our products in a unique way to promote our products or programs, please contact us first. N Remedier (M) Sdn Bhd reserves the right to revoke your affiliate standing at any time.
SPAM AND UNSOLICITED EMAIL
Affiliate agrees NOT to send any unsolicited email to any party during the Promotion. Promoter has ZERO tolerance toward any Affiliate who spams any party or individual, period. If Affiliate is caught spamming, they will be removed from the Promoter’s Affiliate Program, and their commissions or pending commissions will be cancelled and/or forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also includes “spamming search engines” with links. Affiliate agrees to abide by all Federal Trade Commission Guidelines and the Malaysian Communication And Multimedia Commission (MCMC).
We’ve taken every effort to ensure we accurately represent our Promotion and its potential to help you earn commissions, as described below. However, there is no guarantee that you will get any results or earn any money whatsoever during this Promotion, and we do not purport this as a “get rich scheme.” Nothing on our Sites or in this Promotion is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. As stipulated by Malaysian law, we make no guarantees that you will achieve any results from our ideas or Promotion and we offer no professional legal or financial advice.
- Affiliate Programme Commission Schedule
Affiliate will earn commissions (referral fees) based on revenues according to the commissions schedules to be established by us and our affiliate program. The current affiliate program commission schedule is stated as below:
Every member is entitled to become affiliate if they:
- Purchase RM 200 monthly entitle commission when they recommend others to buy.
- Must get at least 2 persons to purchase over RM 200 in order to get 20% commission from the first level Downline.
- In order to get 5% commission from the second level Downline, the first level Downline must get 2 persons to purchase over RM200 also. (same as clause 2)
- B) Affiliate Programme Commission Payment
Commission refers to referral fees these are earned based on revenues set out by the commission schedules set by N Remedier (M) Sdn Bhd and the Affiliates program. The stated schedule is based on the clause of Affiliate Programme Commission Schedule.
- C) Commission by Payment
Fees will be paid via direct debit into a MALAYSIA bank account that you have specified, payments will be issued on the 15th day of each month, however if the total is less than RM50.00 fees will be carried forward to the next month and accumulated.
If a sale is cancelled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment.
All sales and commission numbers are tallied by the Promoter and credit due to the Affiliate and all the final sales and commission numbers are at the sole discretion of the Promoter. Promoter makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliates, but it not responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to do track sales or pay commissions. Under no circumstances will Promoter be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result from Affiliate’s participation in this Promotion.
All responsibilities for taxes and risks are the responsibility of the affiliate in accordance with the law and otherwise.
Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter. Affiliate may not:
- a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
- b) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- c) frame the Affiliate’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website; or
- d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.
- e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. Promoter may cancel the Affiliate’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate conduct any of the behaviour above or fail to operate with integrity or within the guidelines of the FTC.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate is participating in the Promotion as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will Promoter be held liable for any actions or results of the Affiliate.
Affiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement. Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Promoter’s business: sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter. Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement. This Agreement imposes no obligation of confidentiality on Affiliate with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of Affiliate; or (c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter; or (e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information. In general, Affiliate may not disclose any financial, personal, or business information about the Promoter or its executives (including Jordan and Steve) without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
INDEMNIFICATION AND LIABILITY
Affiliate agrees to indemnify and hold harmless the Promoter and the Promoter’s Founder’s, Calvin Lim, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct.
The relationship between the Parties may be terminated by either party on 30 days with or without cause in writing. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity. Affiliate links must be removed immediately upon termination of this agreement.
Commissions are only earned on revenue occurring during the term of this agreement only; we reserve the right to withhold any final payments for a reasonable time to ensure amount of payment is correct. All negative balances must be paid immediately upon termination of this agreement to N Remedier (M) Sdn Bhd, all legal costs occurred through non payment shall be the sole responsibility of the affiliate.
ENTIRE UNDERSTANDING AND DISPUTE
This Agreement constitutes the entire understanding of the Parties and may be modified only by the Promoter. At any time upon our sole discretion may N Remedier (M) Sdn Bhd modify the terms and conditions of this agreement; we must do so by posting a change notice or new agreement on our website. It is the responsibility of the affiliate to regularly monitor our site for any modifications that may occur.This Agreement shall be construed and interpreted according to the laws of the Malaysia and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Promoter and to the Affiliate shall include their heirs, successors, assignees, and personal representatives. In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration. The rules governing this arbitration shall be according to the Malaysia Arbitration Act. The parties further agree that the arbitration shall be conducted before a three panel arbitration board wherein each party to this agreement selects one arbitrator and those selected arbitrators select a third arbitrator. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
参加N Remedier（M）Sdn Bhd促销活动，即表示您同意以下条款和条件（以下简称“协议”）。您还了解此处列出的我们公司的一般隐私政策和使用条款。如果您不同意或理解本协议中的任何条款，则可能不同意参加我们的任何会员计划。注册之前，您有责任了解条款。作为会员，我们希望您遵守我们的准则，在与客户打交道时保持诚信，并遵守所有法律。通过参与由N Remedier（M）Sdn Bhd（以下简称“促销者”）进行的上述任何产品或计划（以下简称“产品”）的市场推广活动（以下简称“促销”），您（以下称“会员”）同意以下条款和条件（以下简称“协议”）。
会员必须年满18岁才能参与促销。促销者保留无条件接受或拒绝任何在促销者的网站https://nutrirem.com/affiliate（“注册网站”）上进入促销活动或将流量吸引到促销者在N Remedier（ M）Sdn Bhd和网站（以下简称“网站”）。会员同意并理解，如果其营销，网站，电子邮件或与此促销相关或与此促销相关的任何其他通信被认为是不合适的，则会员将由促销者全权酌情决定是否有资格参加促销活动，并且取消接收任何促销活动的资格发起人的认可，佣金或任何其他补偿或进一步沟通。会员将被立即从此促销活动和促销者的会员计划中删除，并且如果促销者自行决定对其促销活动或其自身网站进行营销，则将违反本协议。
i）投放带有Nutrirem，我们拥有的任何URL和/或N Remedier（M）Sdn Bhd产品名称的条款的任何付费广告。
总而言之，您只能使用诚实，合乎道德的手段来促销我们的产品，并且如果您有关于以独特的方式使用N Remedier（M）Sdn Bhd名称或我们的任何产品的创意，以促销我们的产品或程序，请先与我们联系。 N Remedier（M）Sdn Bhd保留随时撤销您的会员资格的权利。
佣金是指根据N Remedier（M）Sdn Bhd和会员计划设定的佣金时间表确定的收入来赚取推荐费。规定的时间表基于会员计划委员会时间表的条款。
会员特此同意不共享，使用，复制，改编，更改，分发，复制或部分拥有促销人未直接提供或批准的促销人的任何机密信息，或披露或以其他方式披露的任何机密信息根据本协议拥有或与本协议有关。机密信息包括（但不限于）以下类型的私人信息和与发起人的业务性质相似的其他专有信息：销售数字，软件密码，发起人列表大小，列表内容，想法，故事，活动，课程，事件格式，演示材料，演示内容，发明，财务信息，业务计划，业务流程，营销计划，营销策略，营销副本，财务预测，客户列表，客户财务信息，主管人员的个人信息，赞助策略，与其他人的关系供应商，媒体交付概念和系统，包括但不限于基于Web的交付系统，技术数据，软件设计，图纸，规格，模型，源代码，目标代码，文档，图表，流程图和其他类似信息促销者专有和机密信息。除了（a）需要访问此类信息（b）书面同意遵守本机密性规定的会员的雇员和代理商外，会员不得将本协议的条款透露给任何第三方协议。对于合作伙伴在披露时属于公共领域的Promoter机密信息的任何部分，本协议不对关联公司施加任何保密义务；或（b）在促销后成为公共领域的一部分，而未因会员的任何未经授权的行为或其遗漏（c）关联公司是否可以通过书面记录证明他/她在披露日期之前已经独立开发了此类机密信息的知识； （d）如果会员的使用或披露上述机密信息的许可是首先由会员从Promoter获得的； （e）如果任何法院或其他政府机关或机构的法律，法规，规则，法令或命令要求关联公司披露此类机密信息。通常，未经促销者的许可，会员不得披露有关促销者或其执行人员（包括约旦和史蒂夫）的任何财务，个人或业务信息。此类披露是采取法律行动，公平救济和终止本协议的依据。
双方之间的关系可以由任何一方在30天之内终止，无论有无书面理由。终止后，可以理解的是，上述保密和弥偿条款将永久有效。本协议终止后，会员链接必须立即删除。仅在本协议有效期内赚取佣金；我们保留在合理的时间内扣留任何最终付款的权利，以确保付款金额正确无误。所有负余额必须在本协议终止后立即支付给N Remedier（M）Sdn Bhd，所有因未付款而产生的法律费用应由关联公司全权负责。
本协议构成了双方的全部理解，并且只能由发起人修改。 N Remedier（M）Sdn Bhd可随时酌情决定修改本协议的条款和条件；我们必须通过在我们的网站上发布变更通知或新协议来做到这一点。会员有责任定期监视我们的网站可能进行的任何修改。本协议应根据马来西亚法律进行解释和解释，并对双方，其继承人，继承人，受让人和个人代表；对发起人和关联公司的提及应包括其继承人，继承人，受让人和个人代表。如果双方之间就本协议存在争议，则因本协议引起或与本协议有关的任何此类纠纷，争议和主张，均应通过仲裁解决和确定。仲裁规则应遵循《马来西亚仲裁法》。双方还同意，仲裁应在三人小组仲裁委员会之前进行，在该委员会中，本协议的每一方均选择一名仲裁员，而选定的仲裁员则选择第三名仲裁员。仲裁决定为最终决定，各方均同意受仲裁委员会的约束。