Effective September 2024

If you are looking to become an Affiliate for HealthSaves.org, you must agree to these Terms and Conditions. 

This Affiliate Agreement (this “Agreement”) is made by and between Health Saves Holistic Wellness (the “Recipient”), American Fork,
Utah, a Republic state without the United States, and you (the “Affiliate”). In this Agreement, the party who is contracting to receive the services shall be referred to as “Recipient”, and the party who will be providing the services shall be referred to as “Affiliate.”

1. DESCRIPTION OF SERVICES. Beginning on the affiliate approval date, will provide the following services (collectively, the “Services”):

• Marketing services and promotion including use of names, logos, graphics, and other creatives provided by Health Saves.

2. PAYMENT FOR SERVICES. The Recipient will pay compensation to the Contractor for the Services at a rate of 10% per qualifying sale. This rate schedule is not intended to establish or imply an employer-employee relationship, but is agreed upon by the parties as a convenient method of paying the Affiliate for ongoing labor.

Payment to the Affiliate shall be made within 30 days after the end of the month in which a qualifying sale takes place.

No other fees and/or expenses will be paid to the Affiliate, unless such fees and/or expenses have been approved in advance by the appropriate executive on behalf of the Recipient in writing. The Affiliate shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation. Upon request, the Affiliate may ask for a report of all qualified sales and payouts.

3. TERM/TERMINATION. A regular, ongoing relationship of indefinite term is assumed. The Recipient has no right to assign services to the Affiliate other than as specifically contemplated by this Agreement. However, the parties may mutually agree that the Affiliate shall perform other services for the Recipient, pursuant to the terms of this Agreement.

This Agreement may be terminated by either party upon fifteen (15) days’ written notice to the other party.

4. RELATIONSHIP OF PARTIES. It is understood by the parties that the Affiliate is an independent contractor with respect to the Recipient, and not an employee of the Recipient. The Recipient will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Affiliate.

It is contemplated that the relationship between the Affiliate and the Recipient shall be a non-exclusive one.

The Affiliate also performs services for other organizations and/or individuals. The Recipient has no right to further inquire into the Affiliate’s other activities.

5. RECIPIENT’S CONTROL. The Recipient has no right or power to control or otherwise interfere with the Affiliate’s mode of effecting performance under this Agreement except in the terms listed below. The Recipient’s only concern is the result of the Affiliate’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Affiliate shall perform the Services with direct supervision by the Recipient.

Affiliate rules:

-Referral link must be placed on Affiliate site to generate affiliate sales.
-Spamming is not permitted.
-Affiliate may use Recipient images to promote our services.
-Affiliate may use Recipient technical information to better explain the product details.
-Affiliate may not frame Recipient site or claim it as own.
-Affiliate will start earning commission following Affiliate’s first affiliate generated sale.
-Affiliate status may be revoked at any time, if you violate any of the above terms.

6. QUALIFYING SALE. A qualifying sale is considered a purchase made through https://healthsaves.org with a unique purchase code or link that will be provided to the Affiliate. Payment is calculated by the payout rate of the total amount purchased less any taxes, fees, and shipping costs. This purchase code will allow for the tracking

of all sales attributed to the Affiliate and for payment to be accurately calculated. A report with this information may be provided to the Affiliate upon request.

7. CONFIDENTIALITY. Affiliate may have access to proprietary, private and/or otherwise confidential information (“Confidential Information”) of the Recipient. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Recipient, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Recipient, and any and all trade secrets, processes, customer lists, or pricing information of the Recipient. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Affiliate will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Affiliate, or divulge, disclose, or communicate in any manner any Confidential Information. The Affiliate will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Affiliate will return to the Recipient all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Affiliate during the term of this Agreement.

8. INDEMNIFICATION. The Affiliate agrees to indemnify and hold harmless the Recipient from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the

Recipient that result from the acts or omissions of the Affiliate, the Affiliate’s employees, if any, and the Affiliate’s agents.

9. NO RIGHT TO ACT AS AGENT. An “employer-employee” or “principal-agent” relationship is not created merely because (1) the Recipient has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Recipient has or retains the right to stop work done improperly. The Affiliate has no right to act as an agent for the Recipient and has an obligation to notify any involved parties that it is not an agent of the Recipient.

10. TAX LIABILITY. Affiliate is responsible for all income tax and all other applicable tax liability. Recipient is not required to deduct taxes from Affiliate.

11. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.

12. WAIVER OF BREACH. The waiver by the Recipient of a breach of any provision of this Agreement by Affiliate shall not operate or be construed as a waiver of any subsequent breach by Affiliate.

13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

18. APPLICABLE LAW. This Agreement shall be governed by the laws of Utah, a republic state without the United States and outside the federal zone (28 U.S. Code § 1746).