Last Update: April 9, 2018
By participating in the HairMax Program through Refersion Inc. (“Program”), you agree with the following terms and conditions set forth in this agreement (the “Agreement”). Please read the entire Agreement. By submitting the online application, you are agreeing that you have read and understand the terms and conditions of this Agreement, and that, if we accept your application, you agree to be legally responsible for each and every term and condition. Please note that throughout this Agreement, "we," "us," "our" and “HairMax” refer to Lexington International, LLC (d/b/a HairMax), and "you," "your," and "yours" refer to the Affiliate.
1. Program Overview
The HairMax Program is designed for the following industries and professionals: Dermatologists, Trichologists, Hair Transplant Surgeons, Laser Hair Therapy Clinics, Anti-Ageing Clinics, Health/Beauty Salons, Hair Salons, Hair Stylists/Barbers, and other related industries and professionals. If you would like to participate as an Affiliate in the Program but your industry or profession is not listed, please contact us.
When referring HairMax to your clients or customers, you should be confident that our products are the very best on the market. We have conducted 7 clinical trials with 460 participants, with an over 90% success rate! This means that while HairMax laser therapy devices are effective for most people, it will not work for everyone. Most HairMax users will experience an overall improvement in scalp health, an increase in density and fullness, and a reversal of their hair loss and thinning.
We created the Program to expand the reach of our marketing efforts and work with industry professionals, so that more people can benefit from HairMax.
To be accepted into our Program, you will need to provide certain information and details, including your license number, tax ID or any other information regarding you and your business as per our request, such as your PayPal account information for payment processing. We may also require phone conversations with our staff during the approval process. We reserve the right to reject any applicant to the Program, and once approved, to terminate your continued participation in the Program.
Upon your approval to the Program, we will provide you with brochures and/or other marketing materials that will contain your unique Discount Code (described below). The Discount Code will provide a special discount on orders for HairMax products through our website, www.HairMax.com, or by calling our toll-free number 1 800 9Regrow (1-800-973-4769). The Discount Code will also enable us to track your orders.
It is important that you educate and familiarize yourself with HairMax products prior to recommending HairMax to your clients or customers. As an Affiliate, we expect you to follow FTC guidelines, have integrity when dealing with your clients and/or customers, always communicate only true and accurate information, and comply with all laws. In this regard, you are prohibited from making any claims regarding HairMax products beyond those made by HairMax available at www.HairMax.com or what is contained in the marketing materials we provide to you.
HairMax will attribute sales to you based on a unique discount code that we will provide to you (the “Discount Code”). The Discount Code must be used when placing orders with HairMax, either online at www.HairMax.com or by calling our toll-free number 1 800 9Regrow (1-800-973-4769).
HairMax uses the Refersion affiliate tracking system platform to track all purchases of HairMax products and attribute reimbursement to the Affiliate. The Refersion platform is owned by Refersion, Inc.
When a customer completes a purchase on www.HairMax.com or by calling our toll-free number 1 800 9Regrow (1-800-973-4769) and uses the Discount Code, the Refersion platform will automatically track that sale and attribute it to your account. If the Discount Code is not used when placing an order with HairMax, the order will not be attributable to your account.
HairMax will provide you with a reimbursement on products purchased by using the Discount Code, according to the designated payment schedule that we will provide to you. Reimbursement is calculated on the Net Sales price for which we have received payment in full, less any discounts, returns, credits, taxes and/or shipping fees.
Your earned reimbursement will be paid monthly, in accordance with our payment policy. All earned sales will be paid to you via PayPal in US Dollars. Throughout your participation in the Program, you must maintain your PayPal account and provide us with current details as we may request from time to time. If this Agreement terminates, any earned reimbursement due at that time will be held for a reasonable time (not more than 6 months) to ensure that the correct amount is paid.
HairMax reserves the right to adjust rates from time to time as it sees fit, and any such change will be posted on the Refersion website and/or will be provided to you through a notice.
There is no maximum limit that you may earn. However, you may not purchase items for yourself through this program.
You are only eligible for earnings while you are participating in the Program and your account is in good standing, all in accordance with the terms and conditions of this Agreement.
4. Returns and Credits
If an item is returned, an order is canceled, or a chargeback is requested on a purchase, the item(s) will not be a calculated sale. If we have already paid you on such a sale, the amount will be deducted from any reimbursement that is currently due to you. If there are no funds due to you for a period of one (1) month, you will be billed for the respective amount.
5. Order Processing
We will be solely responsible for processing orders placed by customers that come through using your Discount Code. Order forms, payment, processing, delivery of the products, and handling all customer questions and requests, including cancellations and returns are our responsibility. Customers who buy from our website (or call our toll-free number) using the Discount Code will be considered our customers and will be subject to all our rules, policies and operating procedures.
We reserve the right to reject or cancel orders that do not comply with our rules, policies and operating procedures. You will not receive a credit for any such rejected/canceled order.
6. Promotional Activities
You are encouraged to promote our website and HairMax products in various acceptable ways such as through direct referrals, your website, recommendations, or offers through your newsletters to subscribers and clients, etc. You agree NOT to promote HairMax or our products through unsolicited emailing (spamming), or by listing the Discount Code on coupon or discount websites (e.g. www.retailmenot.com). If you violate this policy, we will terminate your participation in the Program immediately and you will forfeit any reimbursement for orders attributable to the Discount Code.
In furtherance of the foregoing, under no circumstances shall you send commercial electronic mail messages as defined in the Federal Spam Law, CAN-SPAM Act of 2003 (“Act”), with respect to the HairMax Program. HairMax reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send. You may send transactional or relationship messages as defined in the Act.
You shall include a disclosure statement within any and all marketing materials where you provide the Discount Code. This disclosure statement should be clear and concise, stating that HairMax is compensating you for your referral.
HairMax makes no express or implied warranties or representations with respect to the Program. HairMax makes no representation that the operation of the Program will be uninterrupted or error-free, and HairMax will not be liable for the consequences of any interruptions or errors.
You represent and warrant to HairMax the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement. You are in compliance with all applicable laws in the conduct of your business and have all necessary and appropriate licenses to conduct business.
2) All of the information you provided to HairMax is true and correct and is not in any way designed to mislead, conceal or otherwise defraud HairMax or the Program.
3) Your business and/or website does not contain any materials that are unlawful or solicitous of behavior that is unlawful in the United States and/or in the jurisdiction in which you operate.
4) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used in your business and/or on your website. Nothing in your business and/or on your website infringes upon the intellectual property rights of any person or entity.
5) You do not compete with HairMax. You are not an employee, agent, or partner with any person or company that competes with HairMax. You may be an affiliate with or an independent contractor to persons or companies that compete with HairMax.
6) You shall be solely responsible for operating your business and maintaining your website (if any) at your own expense. You acknowledge and agree that your business and/or website will not: (i) infringe or violate any applicable law, rule or regulation; (ii) be defamatory, offensive or controversial; or (iii) violate any laws regarding false advertising.
8. Reversals (Sales)
HairMax reserves the right to reverse a sales that may be attributable to you due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders that we suspect may be in violation of these terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy:
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information we have on file for you.
3) You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, and/or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon you to ensure that you have the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and conditions of this Agreement.
9. Marketing Assets; Intellectual Property
The tools, products, and marketing materials (collectively “Assets”) that HairMax provides to you include valuable information vital to the success of the Program, including the Discount Code that HairMax uses to attribute sales to you.
HairMax grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and conditions of this Agreement. The term of the License shall expire upon your termination from the Program or termination of this Agreement.
You will use the Assets as HairMax instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as HairMax provides them unless you obtain prior written consent from HairMax.
3) You may only use the Assets for the purpose of promoting HairMax and its products.
4) HairMax retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
6) You will not publish or otherwise distribute any other advertising materials that reference HairMax unless HairMax gives prior written consent to the distribution of such materials.
You shall not purchase keywords, domain names, advertising, search terms, AdWords, or any other identifiers that include the word “HairMax,” the names of HairMax products (i.e. “LaserBand”, “LaserComb” etc.), or any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “HairMax”, “LaserBand” and/or “LaserComb” and any keyword string that includes such terms in Paid Search/digital advertising; and
2) Purchasing domain names based on “HairMax”, “LaserBand” and/or “LaserComb” or variations.
11. Term and Termination of Agreement; Changes
The term of this Agreement will begin on the date that we receive and accept your application to participate in the Program, and shall continue until the Program and/or this Agreement is terminated. Either party may terminate the Agreement at any time by written notice to the other. Written notice can be in the form of email that either party has on file for the other party.
HairMax may suspend or terminate the Program or your ability to participate in the Program at any time for any reason.
We reserve the right to suspend accounts or cancel reimbursement if we notice any activity that we believe is abusive, fraudulent, or in violation of the terms and conditions contained in this Agreement. We reserve the right to review and investigate all activities and to suspend accounts in our sole discretion as deemed fair and appropriate.
12. Updates to this Agreement
We can update the terms and conditions contained in this Agreement at any time without prior notice. If we update the terms and conditions, we will post the update on the Refersion website, and such updates are effective upon posting. Your continued participation in the Program after any updates shall constitute your consent, acceptance and agreement to such updates.
We may disclose to you certain information as a result of your participation in the Program, which we consider to be confidential and/or proprietary ("Confidential Information"), which shall include, without limitation, sales information, business and financial information, customer information/lists, and pricing information, etc. You agree that Confidential Information shall be used only as expressly provided in this Agreement and shall remain strictly confidential and secret and shall not be used, directly or indirectly, by you for your own business purposes or for any other purpose, without obtaining prior written consent from HairMax.
You agree to indemnify and hold HairMax, its parent company, its respective members, directors, officers, employees, agents and representatives (collectively “HairMax Representatives”) harmless from any and all claims, suits, actions or other proceedings brought against HairMax and/or HairMax Representatives based on or arising from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including but not limited to reasonable attorney's fees and costs awarded against or otherwise incurred by HairMax and/or HairMax Representatives in connection with or arising from any such claim, suit, action or proceeding.
15. Limitation of Liability
We will not be liable to you for any indirect, incidental, special or consequential damages of any kind (including, without limitation, loss of revenue or goodwill or anticipated profits or loss of business) under or with respect to this Agreement, even if HairMax knows or should know of the possibility of such damages. Furthermore, in no event shall HairMax’s cumulative liability arising under or with respect to this Agreement or the Program exceed the total reimbursement paid to you under this Agreement.
16. Taxes; Independent Contractor
You are solely responsible for all federal, state and local taxes associated with the reimbursement that we pay you under the Program. We will not withhold such taxes on your behalf. By participating in the Program, you acknowledge and agree that: (i) you are an independent contractor; and (ii) you will not make any representations or commitments to clients/customers (or any other party) on behalf of HairMax.
17. Miscellaneous Terms
Each party is an independent contractor 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. This Agreement is not assignable or transferable without prior written consent from HairMax. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Palm Beach County in the State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Prior to instituting litigation on any matter related to this Agreement, you agree to submit such matter to mediation in Palm Beach County, FL. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and HairMax relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. This Agreement will inure to the benefit of HairMax, its successors, assignees and licensees.
* * * *
Please contact a HairMax representative with any questions. Thank you for participating in the HairMax Program.