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RAHAL BIOSCIENCES, INC. d/b/a ARMRA

Practitioner Affiliate Program Terms & Conditions

Last Updated: June 12, 2025

By submitting your application to the Practitioner Affiliate Program (the “Affiliate Program”) and participating in the Affiliate Program, you agree to these Terms and Conditions (the “Affiliate Terms and Conditions”) and to comply with the requirements contained herein. You are solely responsible for compliance with these Affiliate Terms and Conditions. Agreement to and compliance with the Affiliate Terms and Conditions are a requirement to participation in the Program.

THESE AFFILIATE TERMS AND CONDITIONS REQUIRE THE USE OF MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE AFFILIATE TERMS AND CONDITIONS THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED HEREIN.

  1. Introduction:

    i. These Affiliate Terms and Conditions govern your participation in the Practitioner Affiliate Program (the “Program”). The Program is operated by RAHAL BIOSCIENCES, INC. (“ARMRA,” “we,” “us,” or “our”) and is subject to these Affiliate Terms and Conditions as well as any documents or policies they expressly incorporate by reference, including, without limitation, our Privacy Policy (accessible at https://armra.com/policies/privacy-policy) and our General Terms of Service (accessible at https://armra.com/policies/terms-of-service), any separate agreement we may require you to execute, as well as any ARMRA policies, standard operating procedures, or guidelines provided to you from time to time (collectively, these “Affiliate Terms”). The Affiliate Terms govern your (“Affiliate,” “you,” or “your”) relationship with ARMRA when you apply for and participate in the Program. By submitting your application and/or participating in the Program, you hereby agree to be bound by these Affiliate Terms, and further warrant that all representations made or agreed to herein are true and correct.

    ii. ARMRA may, in its sole and absolute discretion, with or without notice to you, modify or add to any of these Affiliate Terms or the Program at any time, even though such changes may affect the amount of your Compensation.

    iii. Superfiliate, Inc. (the “Platform”) provides certain services to us in connection with the Program. You acknowledge any and all Platform terms and conditions (available at https://www.superfiliate.com/legal/terms) (“Platform Terms”) are incorporated into the Affiliate Terms. In the event of a conflict between these Affiliate Terms and the Platform Terms, the terms of these Affiliate Terms shall govern and control.

  2. Program Description:

    The Program is a brand Affiliate program that allows an Affiliate who has been approved by ARMRA to receive certain benefits, such as Commissions on Qualified Sales of ARMRA Products, Discounts, and sample products in exchange for providing certain Promotional Services of ARMRA Products to ARMRA. Participation in the Program is personal and non-transferable. Commissions, Discounts, and other Affiliate Promotions or benefits may not be gifted, purchased, sold, bartered, brokered, or otherwise transferred.

  3. Enrollment; Application.

    i. Enrollment. If selected by ARMRA, you will become a brand affiliate (“Affiliate”) for products offered and sold by ARMRA (the “ARMRA Products”) on its website (www.armra.com) (the “Website”).

    ii. Limitation. Participation in the Program is limited to eligible persons residing in the United States. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. No business entities, third-party aggregators, organizations, or groups may apply for or enroll or participate in the Program.

    iii. Application. To participate and enroll in the Program you must complete and submit the online application. Initial approval of your application does not mean that all information or actions set forth in the application comply with the Affiliate Terms, and it is your continuing duty to ensure your compliance with the Affiliate Terms. ARMRA may reject your application and/ or dismiss you from the Program at any time at our sole and absolute discretion. You must provide your full and accurate legal name, a valid email address, and any other information required to complete the application for the Program. You will only provide true and accurate information to ARMRA, and will update any such information as necessary to ensure that such information is kept complete and accurate. You will not use any “bot” or other automated method to enroll or otherwise participate in the Program.

    iv. Criteria.
    - You acknowledge and agree that you meet the following eligibility criteria:
    - You have read, understand, and agree to be bound by the Affiliate Terms.
    - You are eighteen (18) years of age or older.
    - You maintain and actively use an account on at least one form of social media, including Facebook, X (Twitter), Pinterest, Snapchat, Instagram, TikTok, Tumblr and/or YouTube, which have been approved by ARMRA (collectively, “Approved Media”). Your accounts on Approved Media are referred to as “Accounts.” You are a licensed practitioner in the medical or health field.

  4. Brand Affiliate Program.

    i. Acceptance

    If ARMRA approves your Brand Affiliate application, it will notify you via the communication method provided in your application. Upon notification, you are required to provide ARMRA a list of your Accounts (including the username and a link to such Account) on Approved Media and add ARMRA as a friend/follower on each Account. ARMRA may also require you submit certain paperwork, such as tax and work eligibility documentation, prior to your provision of Promotional Services (defined below), as described hereunder.

    ii. Trackable Links.
    We will provide you with links or URLs that hyperlink to certain ARMRA Products on our Website, and/or provide you with a code that is unique to you which allows us to track purchases made through your unique link or URL, or those purchases made using your unique code (“Trackable Link(s)”). You will use any Trackable Links as we provide to you and will not change or manipulate the Trackable Links.

    iii. Brand Affiliate Promotions.
    From time to time, we may offer special promotions, offers, or gifts to Affiliates (“Affiliate Promotions”), which may be subject to additional terms and conditions that we post on the Website, on one of our social media accounts, on the Platform, or that we communicate to you in some other way. Please review the terms and conditions for these Affiliate Promotions carefully if you choose to participate in any of them, as you will be subject to those terms, as well as these Affiliate Terms.

    iv. Commission.
    ARMRA will pay Affiliate a percent of Qualified Sales generated through the Affiliates Trackable Link (“Commission”).

  5. Non-Disparagement

    During the term of these Affiliate Terms and thereafter, Affiliate agrees to refrain from making negative, disparaging, untrue or misleading statements or comments about ARMRA, the ARMRA Products, or the officers, employees or other Affiliates of ARMRA or any related company. Affiliate shall not make any claims related to the earnings of the Affiliate Program except as directed or approved by ARMRA.

  6. Affiliate Services.

    i. Services

    You agree to use your best efforts to market and promote the ARMRA Products on your Accounts (the “Promotional Services” or the “Services”), in a manner consistent with the guidelines provided herein and provided from time to time by ARMRA. As a part of the Promotional Services you may, in compliance with applicable laws and FDA guidelines, perform the following:

    i.Create and post photo and/or video content promoting the ARMRA Products and/or any related campaign as ARMRA may request from time to time as described in Section 5.B below;
    ii. Share and promote your Trackable Link for ARMRA Products in any Content you create or share on your Accounts;
    iii.Communicate, network, and/or collaborate with social media influencers, ARMRA’s social media followers and customers, and any other individuals requested by ARMRA, to promote the ARMRA Products;
    iv.Promptly respond to communications from ARMRA personnel in text, email, phone, or any other form; and
    v.Participate in educational and training programs that may be required of you from time to time at ARMRA’s sole and absolute discretion. Failure to participate in such educational and/or training programs may result in Affiliate’s termination from the Program.
    vi. Send custom testimonials, text changes, and content changes via email to practitioners@armra.com for approval.

    ii. Content.
    You are responsible any materials, including but not limited to content, photos, videos, verbiage, pictures, writings, other work product and/ or works of authorship generated as part of the content or otherwise related to the Promotional Services used to advertise and promote our brand and the ARMRA Products (collectively, “Content”). You are solely responsible for the accuracy and veracity of your Content. No content you publish on your Accounts shall violate any law or infringe upon the rights of any third party. Your content must comply with the guidelines set forth in these Affiliate Terms. You agree that ARMRA may post, re-post, upload, or otherwise re-use any of your Content at any time, without compensation other than what is provided in these Affiliate Terms. You will comply with all applicable laws including the Federal Trade Commission Act and Federal Trade Commission Guidelines.

    iii.Prohibited Practices.
    You shall operate as an Affiliate in a manner that reflects favorably on ARMRA Products and the reputation of ARMRA and any related company. Affiliate shall not engage in unethical or deceptive conduct or practices that are or might be detrimental to ARMRA, ARMRA employees, the ARMRA Products, other Affiliates, ARMRA customers, or the public. In addition, Affiliate shall not:
    i.Use the ARMRA name in display URLs without written approval
    ii.Bid on ARMRA name misspellings or variations on any paud search platforms (e.g. Google Ads, Bing Ads).
    iii.Offer users cash back, rewards, points, coupons, or any form of incentive or discount in exchange for clicks, comments, views, or purchases, or otherwise as a means of promotion, without the express prior written consent of ARMRA;
    iv.Send unsolicited commercial emails or spam without a clear unsubscribe option and proper sender information.
    v.Misrepresent product benefits, pricing , or endorsements.
    vi.Create websites that impersonate ARMRA or its brand.
    vii.Promote on sites with adult content, gambling, hate speech, or any illegal or inappropriate content.
    viii.Use cookies without genuine user intent (e.g pop-unders, image drop pixels, auto-redirects).
    ix.Alter or distribute ARMRA branding, images, or logos without permission.
    x.Violate any law, rule, or regulation, or the intellectual property, publicity, or privacy rights of ARMRA or any third party.
    xi.
    bid on keywords related to ARMRA’s brand name or business (Trademark+ / TM+) (e.g. “ARMRA discount,” “ARMRA coupon,” or “buy ARMRA”) unless explicitly consented to in writing by ARMRA; or
    xii.take any action (or fail to take an action) that is deemed to be unsuitable to ARMRA, in its sole and absolute discretion.

  7. Rights of ARMRA.

    ARMRA reserves the right to preview Affiliate’s Content from time to time upon request and reserves the right to request changes to and/or removal of Content in its sole and absolute discretion. We have the right to monitor your Accounts at all times to ensure that your Accounts comply with the Affiliate Terms and legal requirements (including, without limitation, the FTC Guides), and any other requirements. Without limiting our rights as stated herein, ARMRA may terminate your participation in the Program at any time for any reason without notice.

  8. Exclusivity.

    During the term of these Affiliate Terms, Affiliate agrees to not engage in any business or perform any services that are competitive with the business of ARMRA or the Program, or that constitute an actual conflict of interest. For the purposes of these Affiliate Terms, the business of ARMRA is limited to the online and retail sale of health supplements, including, without limitation, colostrum or related products. Affiliate shall promote ARMRA and its business and shall not promote any business or ideas that compete or overlap with the business of ARMRA.

  9. Content Guidelines.
    i. Advertising.
    All advertising claims you make about the ARMRA Products, and all places where you promote the ARMRA Products or place the Trackable Links must be truthful, substantiated, non-misleading, and must not be deceptive. All required disclaimers, including, without limitation, any disclaimers required by the FTC Guides, must be clearly and conspicuously disclosed. Affiliate may not engage in any advertising or marketing practices that are deceptive, misleading, fraudulent, or otherwise objectionable in ARMRA’s sole and absolute discretion, including, without limitation, the following:
    i.Engaging in, promoting, or contributing to any activity, software, technology, or material that attempts to intercept, divert, or redirect traffic to or from any other website, or that diverts Commissions from another website or Brand Affiliate;
    ii.Using redirects to hide or manipulate where any user’s click originated from; 
    iii.Using browser extensions, toolbars, o9r plugins that inject cookies or overwrite other affiliate traffic;
    iv.Attempting to mask, alter, or manipulate Trackable Link information.

    ii. Telemarketing.
    Affiliates may not engage in or promote ARMRA or the ARMRA Products via telemarketing, “spam” advertising, sending unsolicited commercial email, or posting commercial messages to any forum that prohibits such messages. Telemarketing is defined as placing unsolicited telephone calls to individuals with whom a Affiliate does not have an existing personal or business relationship.

  10. Qualified Sales; Discounts.

    1. Qualified Sales.
    To permit accurate tracking and reporting, you must use the Trackable Link we provide to you. All verifications of Trackable Links and determinations of Commission amounts will be made by ARMRA in its sole and absolute discretion. You will only earn Commissions for Qualified Sales. Only one Affiliate shall be eligible to receive Commission for each Qualified Sale.

    i. For purposes of these Affiliate Terms, “Qualified Sale(s)” are defined as sales of ARMRA Products to an End Customer: (1) that are made during the term of these Affiliate Terms; (2) that comply with the Affiliate Terms; (3) that ARMRA can verify through the Platform tracking systems were made using your unique Trackable Link; (4) that are made within seven (7) days of the first time the corresponding End Customer clicks on your Trackable Link; (5) that are made on the same device that the End Customer used to click on your unique Trackable Link; [(6) where the cookie placed on the End Customer’s device after the End Customer clicks on your unique Trackable Link is available at the time of the sale]; and (7) that do not result in End Customer return, refund, or chargeback.

    ii. If an End Customer completes a Qualified Sale after clicking on more than one Affiliate’s Trackable Link, only the Affiliate whose Trackable Link was last clicked by the End Customer prior to the Qualified Sale will receive the corresponding Commission (provided that the End Customer completed the Qualified Sale within seven days of the time he or she first clicked on such Affiliate’s Trackable Link). Otherwise, no Affiliate shall be eligible for Commissions related to such sale.

    iii. For purposes of these Affiliate Terms, “End Customer” is a third-party natural person (i.e., an individual human being as opposed to an organization or entity otherwise created by operation of law) who engages in a bona fide purchase of ARMRA Products for use by such natural person who is not the Affiliate (as determined by ARMRA in its sole and absolute discretion).

    iv. Affiliate Commissions are determined and deemed final at the sole discretion and decision of ARMRA. Affiliate should clearly advise followers/customers to use the Affiliate’s Trackable Link to purchase ARMRA Products in order for Affiliate to receive Commission.

    2. Exclusions.Commissions will not be paid based on any sales or amounts that are attributed to spam or any other marketing or advertising practice prohibited by these Affiliate Terms, credit card fraud, or returned ARMRA Product. If a sale is canceled or refunded for any reason, any paid Commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliate will not be paid a Commission on sales or orders that are in delinquent status.

    3.Taxes. You agree that you are responsible for all taxes and fees associated with the Commissions you earn through the Program. If you earn more than a certain amount in Commissions, you may be required to complete certain forms and provide the requested information, including but not limited to, your Social Security Number and/or Federal Employer Identification Number for tax reporting purposes. You understand and agree that if you do not complete and return all forms as requested by ARMRA, you will not be eligible to receive Commissions.

    4. ARMRA Rights. ARMRA reserves the right to exclude certain ARMRA Products from the calculation of Commissions, and you agree that you will not be entitled to any Commissions for excluded ARMRA Products. We may withhold your Commissions to ensure that all purchases are valid and payments from End Customers are legitimate (as determined by us in our sole and absolute discretion). We will withhold or setoff Commissions, and you will not be paid Commissions for purchases determined to be fraudulent or which result in a customer chargeback, refund, or return. ARMRA is not responsible nor shall be held liable for any technical difficulties or actions by third parties that may disrupt or interfere with ARMRA’s ability to track sales or pay Commissions.

    5. Excessive Returns.If a Affiliate returns ARMRA Products for a refund totaling more than Five Hundred Dollars ($500.00 USD) (cumulatively) in any 12-month period, and ARMRA reasonably believes that the Affiliate is engaging in abusive return practices and/or manipulating the Program, ARMRA reserves the right to terminate the Affiliate from the Program.

  11. Program Manipulation.
    Any attempt to manipulate any ARMRA Affiliate Program, including but not limited to use of multiple accounts maintained by a single party or within a single household, manipulating timing of orders, misrepresenting your identity, utilizing misleading or false contact information, placing orders for reasons other than bona fide End Consumer demand, or partaking in any actions or practices intended to result in bad faith benefit to the Affiliate or any agent, assignee, successor or affiliate thereof, may result in significant disciplinary sanctions. These sanctions may include termination of the involved Affiliate(s) and/or recovery of any Commissions/rewards received by the Affiliate.

  12. Confidential Information.

    1. ARMRA may disclose to Affiliate confidential or proprietary information and trade secrets from time to time (collectively, “Confidential Information”). ARMRA’s Confidential Information includes, without limitation, all non-public or proprietary information and ARMRA Intellectual Property, including, but not limited to specifications, composition and other proprietary information relating to the ARMRA Products, sales figures, passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing and other future plans. You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that ARMRA is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all ARMRA Intellectual Property. You further agree that you will not and will cause any employees and other agents to not, use ARMRA’s Confidential Information for the benefit of anyone other than ARMRA. You agree not to use ARMRA’s Confidential Information for any purpose except in the performance of your obligations under the Affiliate Terms. The parties acknowledge that the restrictions in this Section are reasonable efforts of ARMRA to protect and maintain the Confidential Information. The obligation of Affiliate regarding confidentiality shall survive for so long as ARMRA may, in its sole discretion, consider the Confidential Information to be confidential. Affiliate shall not directly or indirectly utilize Confidential Information in connection with any other business or commercial venture or the marketing or promotion of another company’s products or services. Similarly, Affiliate shall not directly or indirectly utilize Confidential Information to solicit other Affiliates or customers to join another income-earning opportunity or purchase products or services from another company.

    2. Pursuant to 18 USC § 1833(b), an individual may not be held criminally or civilly liable under any federal or state trade secret law for disclosure of a trade secret: (i) made in confidence to a government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; and/or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order.

  13. Intellectual Property.

    1. Ownership of ARMRA Intellectual Property.
    All ARMRA trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the “ARMRA Intellectual Property”) is the property of ARMRA, and you will not use such ARMRA Intellectual Property except in the form provided to you through the Program, and solely for the purpose and in the manner specifically authorized by ARMRA.

    2.ARMRA grants to Affiliate a limited, nonexclusive, non-transferable license to use the ARMRA Intellectual Property in Affiliate Content during the term of these Affiliate Terms provided that such use complies with the provisions of the Affiliate Terms or any other policy or guidance provided to Affiliate by ARMRA. Any and all use of the ARMRA Intellectual Property shall be consistent with the superior quality and image associated with ARMRA and the ARMRA Products and shall not in any way adversely affect the good name, reputation or image of ARMRA and the ARMRA Products. ARMRA reserves the right to revoke Affiliate’s limited license to use the ARMRA Intellectual Property at any time in its sole and absolute discretion.

    3.Unless and only to the extent explicitly authorized by ARMRA, Affiliate agrees to not: a.modify any ARMRA Intellectual Property or use any modified or derivative version of any ARMRA Intellectual Property. b. purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any ARMRA Intellectual Property or any variations, derivatives or misspellings thereof; c.publish, host, or promote any ARMRA Intellectual Property or other material that misrepresents your relationship with ARMRA or implies that you are an official site, authorized dealer, or otherwise specially connected with ARMRA; d.publish, host, or promote any press releases, print advertising, or co-branding items that reference ARMRA or make use of any ARMRA Intellectual Property or any variations or derivatives thereof; e. use the Trackable Links or the ARMRA Intellectual Property in any manner that disparages or otherwise portrays us, or any of our customers, suppliers, employees, contractors, or representatives in a negative light.

    4. Paid Online Advertising. You may not use any ARMRA Intellectual Property or any derivatives or variations of such marks, or anything confusingly similar thereto in any effort to direct online traffic to your online presence, Accounts, or Content. Such efforts may include, but are not limited to, paid advertising (e.g. DoubleClick, Adtech, Criterio, etc.), paid search placement, metatagging, domain name registration, redirects, pay-per-click services, and/or Search Engine Optimization (SEO) strategies. On Approved Media, you may promote or “boost” your posts to your existing set of friends/followers/connections, but you may not use advertising, sponsoring, boosting, or other means of driving views to your Account and/or Content that are directed toward general users.

    5.Assignment of Rights. By creating any Content, you irrevocably assign to ARMRA all right, title, and interest in and to any Content that you create, or to which you contribute, while performing the Services described hereunder, including all intellectual property rights contained therein. By creating and submitting Content to us or publishing or disseminated Content, you represent and warrant that you have the rights to assign such Content to us, and that our use and dissemination of the Content does not violate any law, rule, regulation, or the rights of any third party. For the avoidance of doubt, ARMRA may post any and all of the Content on social media outlets (including but not limited to the Approved Media) at its discretion, in perpetuity, at no charge. ARMRA may use and/or re-use the Content, alone or with other material, in its sole discretion, without any obligation to give you any credit or remuneration.

    6. Right of Publicity. Affiliate acknowledges and agrees that ARMRA is expressly authorized to use Affiliate’s name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms as part of any Content, such use will not constitute an infringement of any of Affiliate’s rights, and all Affiliate’s rights relating to or embodied in any Content are hereby waived, including the right to inspect or approve the same prior to publication by ARMRA.

  14. Termination.
    Affiliates participation in the Program may be terminated by Affiliate or ARMRA at any time, with or without cause.  To terminate these Affiliate Terms, you must email practitioners@armra.com. Upon Termination the Trackable Links will be disabled. Upon termination you shall immediately stop all use of and delete all Trackable Links, and shall stop promoting ARMRA or ARMRA Products. Notwithstanding the foregoing, any Commissions due to you that accrued to you prior to termination will be paid to you notwithstanding the termination, subject to any setoff or deductions arising from your material breach of these Affiliate Terms as determined by ARMRA in its sole and absolute discretion. Sections 12 through 20 shall survive expiration or termination.

  15. Indemnity.
    Affiliate agrees to indemnify, defend, and hold harmless ARMRA, its subsidiaries, and its affiliates, and each of their respective directors, officers, managers, employees, agents, shareholders, partners, members, owners, and assigns (each a “ARMRA Indemnified Party”), against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) any alleged failure or breach of these Affiliate Terms by you; (b) any misuse by you (or a party under your reasonable control or obtaining access through you) of the Trackable Links or the ARMRA Intellectual Property; (c) your conduct; (d) your violation of any law, rule or regulation; or (e) your infringement of any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.

  16. Limitation of Liability.

    ARMRA SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, ANTICIPATED PROFITS, OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AFFILIATE TERMS, IN NO EVENT SHALL ARMRA’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THE PROGRAM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  17. Disclaimers.
    1.
    YOUR USE OF THE ARMRA WEBSITE, THE SUPERFILIATE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUPERFILIATE PLATFORM, INCLUDING YOUR INVOLVEMENT IN THE PROGRAM, IS AT YOUR OWN RISK. THE PROGRAM, THE WEBSITE, THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARMRA NOR ANY PERSON ASSOCIATED WITH ARMRA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM, WEBSITE, OR ARMRA PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER ARMRA NOR ANYONE ASSOCIATED WITH ARMRA REPRESENTS OR WARRANTS THAT THE PROGRAM, THE WEBSITE, THE PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ARMRA’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    2.ARMRA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  18. Modification.

    ARMRA may modify, alter, or terminate the Program or the Affiliate Terms or any policy pertaining to thereto, at any time, for any reason, including its right to discontinue or change commission rates or payment terms. If ARMRA elects to terminate or materially modify the Program or Affiliate Terms ARMRA will provide a notice of the material modification or termination by posting the modifications or notice of termination to the Website or Superfiliate Platform. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Affiliate Terms regularly for modifications. If you continue to receive the benefits of the Affiliate Terms after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify the Affiliate Terms by making any typed, handwritten, or any other changes to them for any purpose.

  19. Governing Law; Disputes.

    1.
    PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH ARMRA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

    2.Any dispute, claim or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Affiliate Terms, data privacy, data security, the Program, and/or Commission (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration administered by the American Arbitration Association (“AAA”) by a sole arbitrator or in small claims court. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Affiliate Terms, the Affiliate Terms will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. Arbitration shall take place in Miami-Dade County, Florida. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

    3.The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.

    4.WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND ARMRA EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.

    5.RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST ARMRA OR ANY ARMRA INDEMNIFIED PARTY, AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN UNION COUNTY, NEW JERSEY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND ARMRA AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ANY ARMRA INDEMNIFIED PARTY AND THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

    6. Time Period to Assert Claims.
    If ARMRA or Affiliate wishes to bring an action against the other arising out of Affiliates participation in the Program or these Affiliate Terms, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims for such act or omission.

  20. Miscellaneous.

    1. Independent Contractor.

    You agree that you are an independent contractor, and nothing in these Affiliate Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ARMRA. You agree not to make any statement or take any action that is inconsistent with this relationship.

    2. Waiver and Severability.
    No waiver by us of any term or condition set forth in these Affiliate Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Affiliate Terms shall not constitute a waiver of such right or provision. In the event that any or any part of the Affiliate Terms contained in these Affiliate Terms shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such Affiliate Terms shall to that extent be severed from the remaining Affiliate Terms which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.

    3. Entire Agreement.

    These Affiliate Terms and any document incorporated into them by reference, including, without limitation, the FTC Guides, ARMRA’s General Terms of Use and Privacy Policy, constitute the sole and entire agreement between you and ARMRA with respect to the Program and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Program.

    4. Assignability. The rights and obligations of these contained herein may not be assigned by Affiliate without the prior written consent of ARMRA. ARMRA may freely assign these Affiliate Terms without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Affiliate Terms are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

    5. Force Majeure. We will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, epidemic, pandemic, national health emergencies, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party.

    6. Governing Law.Your participation in the Program and the operation of these Affiliate Terms, shall be governed in accordance with the laws of the State of Florida, without regard to conflict of law provisions other than those that would permit the application of Florida law.