Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 730 days
    Commission type Percent of Sale
    Base commission 20.00%
    Additional terms TERMS & CONDITIONS How does it work? Share your personal Brand Advocate link we provide on emails, websites, blogs, Twitter, YouTube, Facebook, Instagram, or any TikTok other social media source. For each person who clicks on your Brand Advocate link and makes a TreCeuticals® purchase, you get paid a commission on that sale. You also will receive a commission on all of your personal purchases. How much commission do you pay? We pay a 20% commission on every sale that comes through the TreCeuticals.com website using your Brand Advocate link as well as for your personal purchases either through your own link or on our website. Commissions are paid on the 1st of every month via direct deposit to your bank account. To be qualified to earn Brand Advocate commissions, simply complete the Brand Advocate Program application and be approved BellaTres, LLC, dba TreCeuticals. Please copy and paste the link https://treceuticals.com/collections/frontpage . You will receive commissions on your own personal orders through your Brand Advocate link or directly on our website at the same commission rate you are paid for customer orders. PLEASE NOTE…THIS IS NOT A MULTI-LEVEL MARKETING PROGRAM! We are not able to go back and readjust commissions, so please make sure your referrals are using your link when they order. We provide a 730-day cookie credit for any orders placed within 730 days of a customer's original click, unless the parties agree otherwise. How will I get paid? We pay commissions on your customer’s orders as well as your personal orders on the first of every month via direct deposit to your bank account. The cutoff date is the 23rd of the previous month. All sales after the 23rd will be paid the following month. PLEASE NOTE….IF ONE OF YOUR CUSTOMERS BECOMES A BRAND ADVOCATE YOU WILL NO LONGER RECEIVE 20% COMMISSION FOR THEIR PERSONAL PURCHASES. You will need to have all your information filled out in your account to become a Brand Advocate with TreCeuticals® by Bella Tres, LLC to be paid. How do I generate sales? Once people you know see how much you enjoy and benefit from TreCeuticals® Skincare Regimen it’s easy for them to start making purchases. We have found that networking on social media brings a great return. By simply posting your Brand Advocate link with a picture of TreCeuticals® by Bella Tres, LLC products, people will be curious and ask questions. Once they visit the site from your Brand Advocate link and make purchases, you will begin generating commissions. What if I need help? We provide you with videos, images, banners and text links for your social media but in our opinion being authentic and creative with your photos and posts is what generates excitement about TreCeuticals® by Bella Tres, LLC. In addition, we are sending out monthly emails with tips on making referrals and generating sales. Do I need to have a website? No, you can still become a Brand Advocate and send your Brand Advocate link in emails and posts on social media. We have also seen other Brand Advocates do short YouTube videos on the products and post their Brand Advocate Link at the bottom of the video. Do I have to buy product and stock products? With the Brand Advocate Program, you do not need to stock product and there is no minimum purchase requirement. We want you to try TreCeuticals® yourself because we know that by seeing such amazing results, you will want to share it with everyone! The way you get paid commission is from referrals through your Brand Advocate link as well as from your personal purchases. We do all of the order fulfillment for you. It’s that simple! How do I sign up? Fill out the form details for our Brand Advocate Program and we will be sure to get back to you within 24-48 hours. ——— BRAND ADVOCATE AGREEMENT PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRECEUTICALS® BY BELLA TRES, LLC. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. 1. Overview This Agreement contains the complete terms and conditions that apply to you becoming an Brand Advocate in TreCeuticals® by Bella Tres, LLC Brand Advocate Program. The purpose of this Agreement is to allow HTML linking between your web site and the TreCeuticals.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to TreCeuticals® by Bella Tres, LLC, and "you," "your," and "yours" refer to the Brand Advocate. 2. Brand Advocate Obligations 2.1. To begin the enrollment process, you will complete and submit the online application at TreCeuticals.com hosted on the Refersion server. The fact that you sign up to the Brand Advocate Program does not imply that you will be automatically approved. At TreCeuticals® by Bella Tres, LLC we consider each application to make sure that we are a great fit for each other. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: 2.1.1. Promotes sexually explicit materials. 2.1.2. Promotes violence. 2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 2.1.4. Promotes illegal activities. 2.1.5. Incorporates any materials, which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law. 2.1.6. Includes "Merchant" or variations or misspellings thereof in its domain name. 2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 2.1.8. Contains software downloads that potentially enable diversions of commission from other Brand Advocates in our Program. 2.1.9. As a member of our Brand Advocate Program, you will have access to the Brand Advocate Account Dashboard. Here you will be able to review our Program’s details, access approved creative resources as well as browse and obtain tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other Brand Advocate link we provide to you. 2.2. We reserve the right, at any time, to review your placements and approve the use of your links and require that you change the placement or its use to comply with the guidelines provided to you. 2.3. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel could enhance your performance. 2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it is in writing, text form, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights. 3. TreCeuticals® by Bella Tres, LLC Rights and Obligations 3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in our Brand Advocate Program. 3.2. We reserve the right to terminate this Agreement and your participation in the TreCeuticals® by Bella Tres, LLC Brand Advocate Program immediately and without notice to you should you commit fraud in your use of our Brand Advocate Program or should you abuse this program in any way. If such fraud or abuse is detected, Bella Tres, LLC, TreCeuticals® by Bella Tres, LLC or any other Brand Advocates shall not be liable to you for any commissions for such fraudulent sales. 3.3. This Agreement will begin upon our acceptance of your Brand Advocate application and will continue unless terminated hereunder. 4. Termination Either party may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Once notice is served, this Agreement will be severed immediately. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. 5. Modification We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and our Brand Advocate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in our Brand Advocate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. 6. Payment We use a third party to handle all of the tracking and payment. The third party is the Refersion Brand Advocate network. Kindly review the network’s payment terms and conditions. 7. Access to Brand Advocate Account You will create a password so that you may enter Refersion’s secure Brand Advocate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you. 8. Promotion Restrictions 8.1. You are free to promote your own web sites, but naturally any promotion that mentions TreCeuticals® by Bella Tres, LLC could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by TreCeuticals® by Bella Tres, LLC. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name, resulting in immediate termination of this Brand Advocate agreement. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote TreCeuticals® by Bella Tres, LLC as long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to news groups to promote TreCeuticals® by Bella Tres, LLC as long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from TreCeuticals® by Bella Tres, LLC. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Brand Advocate Program. 8.2. Brand Advocates that exclusively bid on keywords in pay-per-click campaigns such as TreCeuticals.com, merchant, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from our Brand Advocate Program. We will do everything possible to contact the Brand Advocate prior to the ban. We reserve the right to terminate any trademark violator from our Brand Advocate Program without prior notice, and on the first occurrence of such PPC bidding behavior. 8.3. Brand Advocates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in our products). 8.4. Brand Advocate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our site (i.e., no page from our site or any TreCeuticals® by Bella Tres, LLC content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of Brand Advocate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Bing, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of TreCeuticals® by Bella Tres, LLC site in IFrames, hidden links and automatic pop ups that open TreCeuticals® by Bella Tres, LLC ® site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Brand Advocate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application. 9. Grant of Licenses 9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of TreCeuticals® by Bella Tres, LLC Brand Advocate Program. You agree that all uses of the Licensed Materials will be on behalf of TreCeuticals® by Bella Tres, LLC and the good will associated therewith will inure to the sole benefit of TreCeuticals® by Bella Tres, LLC. 9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. 10. Disclaimer BELLA TRES, LLC AND TRECEUTICALS® BY BELLA TRES, LLC MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PRODUCTS AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF TRECEUTICALS® BY BELLA TRES, LLC ABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 11. Representations and Warranties You represent and warrant that: 11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; 11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement. 12. Limitations of Liability TRECEUTICALS® BY BELLA TRES, LLC WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL TRECEUTICALS® BY BELLA TRES, LLC / BELLA TRES LLC CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. 13. Indemnification You hereby agree to indemnify and hold harmless TRECEUTICALS® BY BELLA TRES, LLC, its subsidiaries and Brand Advocates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Brand Advocate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. 14. Confidentiality All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. 15. Miscellaneous 15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TRECEUTICALS® BY BELLA TRES, LLC. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. 15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona without regard to the conflicts of laws and principles thereof. 15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. 15.5. This Agreement represents the entire agreement between you and us (both parties) and shall supersede all prior agreements and communications of the parties, oral or written. 15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

    TreCeuticals® is a top online seller of simple, but highly effective skincare, blending the best of nature and science, TreCeuticals® takes the guesswork out of smoother, brighter, younger looking skin.

    TreCeuticals® is seeking those who wish to share our simple skincare solution with the world. Our simple 3-step skincare routine combines 3 highly effective active ingredients to exfoliate, hydrate and smooth your skin.

    RETINOL increases cell turnover, reduces fine lines, wrinkles, discoloration and pores, while enhancing texture and tone.

    HYDROXY ACIDS will smooth, brighten and exfoliate your skin allowing new cells to emerge and create that youthful glow.

    ANTI-OXIDANTS nourish, protect and rejuvenate the skin while reducing the harmful effects of free radical damage.

    As a TreCeuticals® ADVOCATE you are helping women and men all across the U.S. enjoy clearer, healthier skin in just 3 minutes a day.

    TERMS

     

    How does it work?

     

    Share your personal Brand Advocate link we provide on emails, websites, blogs, Twitter, YouTube, Facebook, Instagram, or any other social media source.

     

    For each person who clicks on your Brand Advocate link and makes a TreCeuticals® purchase, you get a commission of that sale.

     

    How much commission do you pay?

     

    We pay a 20% base commission, unless the parties agree otherwise, on every sale that comes through the TreCeuticals.com website using your Brand Advocate link.

     

    Note: We do not pay Brand Advocate commissions on wholesale orders.

     

    You will  receive commissions on your own orders through your own Brand Advocate link, however, commission will not be paid on wholesale  orders from you or other wholesale accounts.

     

    We are not able to go back and readjust commissions, so please make sure your referrals are using your link when they order.

     

    We provide a 30-day cookie credit for any orders placed within 30 days of a customer's original click, unless the parties agree otherwise.

     

    How will I get paid?

     

    We pay commissions at the beginning of each month via Direct Deposit to your bank account. Commissions paid on the 1st of each month will include all sales with a cutoff date of 7 days prior to the 1st.  Any sales made during that 7 day period will be paid the following month.  


    You will need to have all your information filled out in your account to open a Brand Advocate Program with TreCeuticals® by Bella Tres, LLC to be paid.

     

     

    How do I generate sales?

     

    Once people you know see how much you enjoy and benefit from TreCeuticals® Skincare Regimen it’s easy for them to start making purchases.

     

    We have found that networking on social media brings a great return.

     

    By simply posting your Brand Advocate link with a picture of TreCeuticals® by Bella Tres, LLC products, people will be curious and ask questions.

     

    Once they visit the site from your Brand Advocate link and make purchases, you will begin generating commissions.

     

    What if I need help?

     

    We provide you with videos, images, banners and text links for your social media but in our opinion being authentic and creative with your photos and posts is what generates excitement about TreCeuticals® by Bella Tres, LLC.

     

    In addition, we are beginning to send out monthly emails with tips on making referrals and generating sales.

     

    Do I need to have a website?

     

    No, you can still become an Brand Advocate and send your Brand Advocate link in emails and posts on social media.

     

    We have also seen other Brand Advocates do short YouTube videos on the products and post their link at the bottom of the video.

     

    Do I have to buy and stock products?

     

    With our  Brand Advocate Program, you do not need to stock product.  We want you to try TreCeuticals® yourself because we know that by seeing such amazing results, you will want to share it with everyone!  We pay you commission on your own personal orders as well as your customer’s orders.  

     

    The way you get paid commission is from referrals through your Brand Advocate link.

     

    We do all order fulfillment for you. It’s that simple!

     

    How do I sign up?

     

    Fill out the form details for our Brand Advocate Program and we will be sure to get back to you within 24-48 hours.

     

    ———

     

    BRAND ADVOCATE AGREEMENT

     

    PLEASE READ THE ENTIRE AGREEMENT.

     

    YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

     

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRECEUTICALS® BY BELLA TRES, LLC.

     

    BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

     

    1. Overview

     

    This Agreement contains the complete terms and conditions that apply to you becoming an Brand Advocate in TreCeuticals® by Bella Tres, LLC Brand Advocate Program.

     

    The purpose of this Agreement is to allow HTML linking between your web site and the TreCeuticals.com web site.

     

    Please note that throughout this Agreement, "we," "us," and "our" refer to TreCeuticals® by Bella Tres, LLC, and "you," "your," and "yours" refer to the Brand Advocate.

     

    2. Brand Advocate Obligations

     

    2.1. To begin the enrollment process, you will complete and submit the online application at TreCeuticals.com hosted on the Refersion server.

     

    The fact that you sign up to the Brand Advocate Program does not imply that you will be automatically approved.

     

    At TreCeuticals® by Bella Tres, LLC we consider each application to make sure that we are a great fit for each other.

     

    We may reject your application at our sole discretion.

     

    We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

     

    2.1.1. Promotes sexually explicit materials.

     

    2.1.2. Promotes violence.

     

    2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

     

    2.1.4. Promotes illegal activities.

     

    2.1.5. Incorporates any materials, which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.

     

    2.1.6. Includes "Merchant" or variations or misspellings thereof in its domain name.

     

    2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

     

    2.1.8. Contains software downloads that potentially enable diversions of commission from other Brand Advocates in our Program.

     

    2.1.9. As a member of our Brand Advocate Program, you will to the Brand Advocate Account Dashboard.

     

    Here you will be able to review our Program’s details, access approved creative resources as well as browse and obtain tracking codes for our coupons and deals.

     

    In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other Brand Advocate link we provide to you.

     

    2.2. We reserve the right, at any time, to review your placements and approve the use of your links and require that you change the placement or its use to comply with the guidelines provided to you.

     

    2.3. The maintenance and the updating of your site will be your responsibility.

     

    We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel could enhance your performance.

     

    2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site.

     

    You must have express permission to use any person's copyrighted material, whether it is in writing, text form, an image, or any other copyrightable work.

     

    We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

     

    3. TreCeuticals® by Bella Tres, LLC Rights and Obligations

     

    3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement.

     

    We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify you of any changes that we feel should be made.

     

    If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in our Brand Advocate Program.

     

    3.2. We reserve the right to terminate this Agreement and your participation in the TreCeuticals® by Bella Tres, LLC Brand Advocate Program immediately and without notice to you should you commit fraud in your use of our Brand Advocate Program or should you abuse this program in any way.

     

    If such fraud or abuse is detected, Bella Tres, LLC, TreCeuticals® by Bella Tres, LLC or any other Brand Advocates shall not be liable to you for any commissions for such fraudulent sales.

     

    3.3. This Agreement will begin upon our acceptance of your Brand Advocate application and will continue unless terminated hereunder.

     

    4. Termination

     

    Either party may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Once notice is served, this Agreement will be severed immediately.

     

    Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

     

    5. Modification

     

    We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.

     

    In such event, you will be notified by email.

     

    Modifications may include, but are not limited to, changes in the payment procedures and our Brand Advocate Program rules.

     

    If any modification is unacceptable to you, your only option is to end this Agreement.

     

    Your continued participation in our Brand Advocate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

     

    6. Payment

     

    We use a third party to handle all of the tracking and payment. The third party is the Refersion Brand Advocate network. Kindly review the network’s payment terms and conditions.

     

    7. Access to Brand Advocate Account

     

    You will create a password so that you may enter Refersion’s secure Brand Advocate account interface.

     

    From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

     

    8. Promotion Restrictions

     

    8.1. You are free to promote your own web sites, but naturally any promotion that mentions TreCeuticals® by Bella Tres, LLC could be perceived by the public or the press as a joint effort.

     

    You should know that certain forms of advertising are always prohibited by TreCeuticals® by Bella Tres, LLC.

     

    For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name, resulting in immediate termination of this Brand Advocate agreement.

    Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.

     

    You may use mailings to customers to promote TreCeuticals® by Bella Tres, LLC as long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings.

     

    Also, you may post to news groups to promote TreCeuticals® by Bella Tres, LLC as long as the news group specifically welcomes commercial messages.

     

    At all times, you must clearly represent yourself and your web sites as independent from TreCeuticals® by Bella Tres, LLC.

     

    If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Brand Advocate Program.

     

    8.2. Brand Advocates that exclusively bid on keywords in pay-per-click campaigns such as TreCeuticals.com, merchant, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from our Brand Advocate Program.

     

    We will do everything possible to contact the Brand Advocate prior to the ban.

     

    We reserve the right to terminate any trademark violator from our Brand Advocate Program without prior notice, and on the first occurrence of such PPC bidding behavior.

     

    8.3. Brand Advocates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in our products).

     

    8.4. Brand Advocate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our site (i.e., no page from our site or any TreCeuticals® by Bella Tres, LLC content or branding is visible on the end-user’s screen).

     

    As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of Brand Advocate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Bing, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of TreCeuticals® by Bella Tres, LLC  site in IFrames, hidden links and automatic pop ups that open TreCeuticals® by Bella Tres, LLC ® site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Brand Advocate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

     

    9. Grant of Licenses

     

    9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose.

     

    You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of TreCeuticals® by Bella Tres, LLC Brand Advocate Program.

     

    You agree that all uses of the Licensed Materials will be on behalf of TreCeuticals® by Bella Tres, LLC and the good will associated therewith will inure to the sole benefit of TreCeuticals® by Bella Tres, LLC.

     

     

    9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light.

     

    Each party reserves all of its respective rights in the proprietary materials covered by this license.

     

    Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

     

    10. Disclaimer

     

    BELLA TRES, LLC AND TRECEUTICALS® BY BELLA TRES, LLC MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PRODUCTS AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN.

     

    ANY IMPLIED WARRANTIES OF TRECEUTICALS® BY BELLA TRES, LLC ABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.

     

    IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

     

    11. Representations and Warranties

     

    You represent and warrant that:

     

    11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

     

    11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

     

    11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

     

    12. Limitations of Liability

     

    TRECEUTICALS® BY BELLA TRES, LLC WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

    FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL TRECEUTICALS® BY BELLA TRES, LLC  / BELLA TRES LLC CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

     

    13. Indemnification

     

    You hereby agree to indemnify and hold harmless TRECEUTICALS® BY BELLA TRES, LLC, its subsidiaries and Brand Advocates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Brand Advocate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

     

    14. Confidentiality

     

    All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

     

    15. Miscellaneous

     

    15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TRECEUTICALS® BY BELLATRES, LLC.

     

    You will have no authority to make or accept any offers or representations on our behalf.

     

    You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

     

    15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

     

    15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona without regard to the conflicts of laws and principles thereof.

     

    15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

     

    15.5. This Agreement represents the entire agreement between you and us (both parties) and shall supersede all prior agreements and communications of the parties, oral or written.

     

    15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

     

    15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.