Affiliate Agreement

1.    Obligations of the Parties:

• Affiliate shall have the opportunity to promote NewGel+ and its programs in accordance with the terms of this Agreement.
• Affiliate shall direct potential purchasers of NewGel+ products to the dedicated links provided by Newmedical Technology, Inc.
• The Affiliate agrees to conduct itself in compliance with all applicable laws, rules, and regulations, including, without limitation, CAN-SPAM.

2.    Compensation:

Newmedical Technology, Inc. will pay commissions from the sale of Products as follows:

• Affiliate will receive 7% of the product sale before sales tax and shipping are applied.
• Affiliate will receive payment through a money transfer for that month’s sale within 5 business days after calendar month end.
• Affiliate to receive sales credit/commission for a link resulting in a sale with 72 hrs of sharing the link

Commissions will be tracked via dedicated unique links provided by Newmedical Technology, Inc. Each affiliate is required to use the link provided in advance of the promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commission sales can be tracked via the Affiliate portal on the NewGel+ website.

All payment processing shall be performed by Newmedical Technology, Inc

3.    Confidentiality:

None of the parties hereto shall, during the term of this Agreement or at any time thereafter, communicate, divulge, or use for the benefit of any other person, persons, partnership, association, corporation, or entity any of another party’s confidential information, knowledge, or know-how. A party hereto shall only divulge such information only to its employees, financial advisors, and legal representatives, as they must have access thereto in order to satisfy its obligations hereunder. All parties shall take all necessary precautions to ensure that their employees, financial advisors, and legal representatives retain such information in confidence.

4.    Independent Contractors:

The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee, or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the other’s. Affiliates shall not represent themselves to be agents or representatives of New Gel+ or Newmedical Technology, Inc.

 

5.    Termination:

• Upon five (5) days prior written notice via email, either party may terminate this Agreement.
• Newmedical Technology, Inc may terminate this agreement immediately, for cause, which shall include but not be limited to:
• Conduct by Affiliate which detracts from the good reputation of NewGel+ and NewGel+’s Product or Newmedical Technology, Inc.
• Complaints from consumers about Affiliate.
• Misuse of the names or image of speakers or faculty who appear in NewGel+ programs in a manner not consistent with the goals, branding and intent of NewGel+ and Newmedical Technology, Inc. and its products.
• Any deviation by Affiliate from the highest standards of professional and commercial conduct.
• Affiliate’s breach of the terms of this Agreement.

6.    Integration:

This agreement sets forth all of the terms of Newmedical Technology, Inc Affiliate program FOCUSED only on NewGel+’s product line.

7.    Indemnification:

The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of NewGel+’s programs.

8.    Choice of Law:

This Agreement shall be construed in accordance with the laws of the State of Illinois. All disputes and claims relating to this Agreement, the rights, and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the American Arbitration Association in Cook County, Illinois in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.