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FXM FAMILIES, LLC, D/B/A AUTOIMMUNE FAMILIES’ Affiliate Program Terms & Conditions, Version 1.0, January 1, 2018.

Participation in the Autoimmune Families Affiliate Program (the “Program”) requires your acceptance of its terms and conditions as outlined in the below agreement (this “Agreement”). This Agreement is a legal agreement between you (“Affiliate”) and FxM Families, LLC, D/B/A Autoimmune Families (“Autoimmune Families”). Please read this Agreement in its entirety. By submitting the online registration form, you agree that you have read and understood the Agreement and you agree to be legally responsible for its terms and conditions.

• AFFILIATE PROGRAM. Autoimmune Families hereby engages and authorizes you, and you hereby agree, to promote Autoimmune Families’ community and services (the “Autoimmune Families Offering”) through various communication means, including, but not limited to websites, social media accounts, digital messaging accounts, and/or other communication channels belonging to or controlled by you (collectively, “Affiliate Channels”), subject to the terms and conditions of this Agreement.
• LICENSE. Autoimmune Families may make available to you certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate Channels (the “Promotional Materials”). Autoimmune Families grants you a non-exclusive, worldwide, royalty-free license for the term of this Agreement, and solely for the purposes of promoting the Autoimmune Families Offering and facilitating referrals thereto, to use and display the Promotional Materials on or through the Affiliate Channels. All intellectual property belonging to Autoimmune Families, including intellectual property rights in and to the Promotional Materials, shall remain the sole property of Autoimmune Families.
• COMMISSIONS. In connection with this Agreement, you will be provided with a unique URL or alphanumeric code, which you may disclose to potential customers of the Autoimmune Families Offering. In exchange for your promotion services, and for your compliance with and performance of the terms and conditions of this Agreement, Autoimmune Families shall pay you a commission (the “Commission”), which shall be as specified in the offer you are assigned in your Affiliate profile. Commissions are held for a period of 30 days from any qualifying purchase to protect Autoimmune Families in the event of any chargeback that may occur. Autoimmune Families shall pay all Commissions accrued and payable to you within 15 days of the first day of the following month. Payment shall be made by check or PayPal transfer. In the event that you materially breach this Agreement and Autoimmune Families terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to you shall be forfeited, and Autoimmune Families shall not be obligated to pay such Commissions to you. You shall be an independent contractor of Autoimmune Families and Autoimmune Families shall not be responsible for any taxes owed by you arising out of your relationship with Autoimmune Families as set forth in this Agreement. Autoimmune Families shall not withhold any taxes from the Commissions paid to you. You are solely responsible for keeping up with current tax laws, procedures and paperwork and reporting accurately and fully to the IRS at the end of each fiscal year.
• REPRESENTATIONS, WARRANTIES, AND COVENANTS. You represent, warrant, and covenant the following: (a) You have the legal authority to enter into this Agreement and to be bound to the promises, agreements and other duties set forth in this Agreement; (b) the Affiliate Channels do not and will not during the term of this Agreement contain any materials that: i. are illegal or solicitous of unlawful behavior; ii. are obscene or sexually explicit; iii. are violent, discriminatory, threatening, abusive, defamatory or otherwise objectionable to Autoimmune Families at Autoimmune Families’ sole discretion; or iv. infringe the intellectual property of Autoimmune Families or any third party; (c) Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above; (d) Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property rights therein; (e) Affiliate will not use Autoimmune Families’ name (or any name that is confusingly similar to Autoimmune Families’ name) on the Affiliate Channels for any purpose other than to promote the Autoimmune Families Offering; (f) Affiliate will not register any domain name that incorporates Autoimmune Families’ name, or that is confusingly similar to Autoimmune Families’ name; (g) Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Autoimmune Families.
• INDEMNIFICATION. Affiliate shall indemnify Autoimmune Families and hold harmless Autoimmune Families from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s representations, warranties, and covenants set forth in Section 4 above. Affiliate shall also indemnify and hold harmless Autoimmune Families for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials (except where such damage is not the fault of Affiliate because of a problem with the Promotional Materials provided to Affiliate by Autoimmune Families). Autoimmune Families shall also indemnify and hold harmless Affiliate for any damage, loss or other cost arising out of Affiliate’s authorized use of the Promotional Materials provided by Autoimmune Families (such as a third-party claim that the Promotional Materials violates the third party’s intellectual property rights).
• TERM AND TERMINATION. The term of this Agreement will commence upon Autoimmune Families’ acceptance of you into the Program and end when terminated by either party in accordance with this Agreement; provided however, that the terms of Section 4 shall survive for 2 years following termination of this Agreement. Either party may terminate this Agreement at any time upon giving written notice to the other party. Upon termination of this Agreement, Affiliate shall immediately cease using the Promotional Materials and shall, to the fullest extent possible, remove all Promotional Materials and all references to Autoimmune Families and the Autoimmune Families Offering from the Affiliate Channels.
• DISCLAIMERS AND LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) AUTOIMMUNE FAMILIES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AFFILIATE PROGRAM, THE PROMOTIONAL MATERIALS, OR ANY OF THE AUTOIMMUNE FAMILIES OFFERING, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) IN NO EVENT WILL AUTOIMMUNE FAMILIES (AND ITS DIRECTORS, OFFICERS, AND AGENTS OR ASSIGNS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (C) AUTOIMMUNE FAMILIES’S LIABILITY TO AFFILIATE IN RESPECT OF ANY CLAIMS WHATSOEVER SHALL BE LIMITED TO THE EQUIVALENT OF COMMISSIONS PAID PURSUANT TO THIS AGREEMENT.
• MISCELLANEOUS. This Agreement sets forth the entire understanding of the parties, and supersedes all prior understandings and agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Maine, in the United States, without regard to conflicts of laws, rules or principles thereof. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of Maine, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. If any provision of this Agreement shall be held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. The failure of either party to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of either party to enforce such provision thereafter. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors, heirs, and proper assigns. Affiliate may not assign or transfer this Agreement without the prior written consent of Autoimmune Families.