As an authorized affiliate (Affiliate) of Nano Surgical, LLC and a promoter of its Lumohs handles, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Lumohs as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Lumohs by your own website or personal referrals.

By signing up for the Lumohs Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions and all the lumohs.com terms of use of this web site.

Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application. You represent that all application information submitted in your Affiliate Program Application is true and represent you are 18 years of age or greater.

Commissions

Commission amounts will be paid each time an affiliate’s discount code, generated by our affiliate tracking software, is used by a customer to purchase a Lumohs Handle. The commission amount you will be paid will be confirmed initially at the time your affiliate application is approved. You will be able to create password protected access to your sales portal where you can view your sales and commissions due. Commissions will be paid 31 days following sales (past the refund period) and once a month at the beginning of each immediately successive month immediately following 31 days from a customer’s purchase and utilization of an affiliate’s tracking code. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days (past the refund period) . Commission amounts may be changed at any time with 30 day notice to our affiliates.

To receive a commission payment, you must first submit a completed signed W9 form which we will send to you during the approval process.

You cannot refer yourself, and you will not receive a commission on your own accounts.

Payments will be made to affiliates using a third party electronic payment site such as PayPal and commissions will be sent to a registered email belonging to the affiliate and only be sent for sales transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • Spamming (mass email, mass newsgroup posting, etc.).
  • Advertising on sites containing or promoting illegal activities.
  • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
  • Violation of intellectual property rights. Lumohs reserves the right to require license agreements from those who employ trademarks of Lumohs in order to protect our intellectual property rights.
  • Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Lumohs, however, is acceptable.
  • Self referrals, fraudulent transactions, suspected Affiliate fraud.
  • In the event of a breach of any of our terms and conditions, damage to your reputation, or non-compliance with influencer marketing laws.

In addition to the foregoing, Lumohs reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Lumohs site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

Coupon and Deal Sites and Intellectual Property

Lumohs occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

  • Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
  • Affiliates may not bid on Lumohs Coupons, Lumohs Discounts or other phrases implying coupons are available.
  • Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
  • User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
  • Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
  • Nano Surgical, LLC remains the owner of all the intellectual property rights to the promotional and marketing materials made available to affiliates, and, as an active affiliate, you are granted a limited license to use those materials and intellectual property under the affiliate program terms and conditions.

Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

Liability

Nano Surgical, LLC will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, use of any of our intellectual property, promotional images and logos, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Lumohs. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

Indemnification

Affiliate shall indemnify and hold harmless Nano Surgical, LLC and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Nano Surgical, LLC to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, reputational damage and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement whether due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate or not.

Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Nano Surgical, LLC (promotion of Lumohs instruments) affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Lumohs application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.