Independent Contractor Agreement: Terms and Conditions for Participation in the VigRX Affiliate Program (called “VigRX”)

Updated as of November, 2024

Now for the “fine print.” We want to treat each other fairly and conduct our respective businesses honestly. These are the terms and conditions (“Terms”) under which you can be our independent contractor to promote VigRX products on independent websites in return for a commission on sales. VigRX reserves the right to vary the Terms at any time. You must be in compliance whether or not you receive notice of changes.

First, for clarity's sake, here are definitions of some terms that we will use in the agreement.

1.                  "Ads" mean all internet advertising including, for example, banners, buttons, clicks, co-registrations, e-mails, audio and video files, content, text, graphic files and similar media and/or data.

2.                  "Advertising Material" means the banners and product information in the Affiliates' resource area of VigRX websites, to be used for promotional activities.

3.                  "Affiliate" means an independent, non-employee of VigRX who has been granted the rights described below for promoting the Products of VigRX in exchange for a Commission, subject to all the Terms.

4.                  "Affiliate Website" means the site operated by the Affiliate or Network (as defined below), as distinct from this website or any other website operated by VigRX itself.

5.                  "Agreement" means this document, which is a contract, setting forth the Terms of the VigRX relationship with you.

6.                  "Commission" means the commission payable to the Affiliate as a direct result of visits to VigRX Websites via Links. Commissions are calculated as a percentage of the product sales price, excluding shipping and/or applicable taxes or duties. You will find information on the Commissions policy in the "Payment Details", "Products and Offers", and "FAQ" sections of this VigRX Website.

7.                  "Confidential Information" means the information conveyed or discovered in connection with the Agreement, that regard (as applicable) the other party's business transactions, sales, commissions, supply, research, computer programs, code, financial data, business plans, marketing data, distribution, and affiliate program methods.

8.                  "Intellectual Property" means the registered or unregistered patent, copyright, database right, design right, trademarks and service marks or other industrial or intellectual property right of Leading Edge Marketing Inc. (“LEM”) or Leading Edge Health Inc.anywhere in the world, existing now or later, and the sole right to apply for them and any actual application for them.

9.                  "Leading Edge Health" means Leading Edge Health Inc., and all companies and/or brands owned by or associated with, now or in the future, Leading Edge Health Inc. which include, but are not limited to, Leading Edge Marketing Inc., PrimeGENIX, GenuinePurity, VigRX, GenF20, and Skinception ("LEH").

10.             "Leading Edge Website" means a website owned by LEH (including the VigRX website), as opposed to Affiliate or Network websites that are owned and operated by Affiliates/Networks as independent legal entities.

11.             "Liability" means legal actions, awards, costs, claims, damages, losses (including direct or indirect consequential losses), demands, expenses, fines, loss of profits, loss of reputation, judgments, penalties, and proceedings and any other losses. LEH will not be held liable or responsible for any actions or inactions of Affiliates and/or Networks.

12.             "Link" means a unique hypertext link between the Affiliate Website and a VigRX website, used to promote the Products by a VigRX Affiliate in accordance with the Terms, for the sole purpose of carrying out the Promotional Activities.

13.             "Network" means a person or company that buys traffic using one or more sub-affiliates; all sub-affiliates are included under the term "Network," and it is the sole responsibility of the Network to ensure compliance with the Terms by the sub-affiliates, and the Network bears sole Liability for the actions or inactions of its sub-affiliates.

14.             "Products" means the products shown on the VigRX website that are available for promotion by Affiliates through the VigRX affiliate program.

15.             "Promotional Activities" means the use of Advertising Material on the Affiliate or Network Websites by the Affiliate/Network to promote the Products and/or to drive traffic from the Affiliate/Network website(s) to the VigRX/LEH website(s) via the Link.

16.             "Transaction" means the actual customer sale of a Product on a VigRX website that arises as the direct result of the customer visiting the VigRX website via the Link from the Affiliate Website.

17.             "VigRX" is the name of an affiliate marketing program owned and operated by LEH.

18.             "VigRX Website" means a website (including this one) owned and/or operated by LEH, as opposed to Affiliate or Network Websites that are owned and operated by Affiliates/Networks as independent legal entities.

19.             "You" means an Affiliate or Network signing the Terms ("Your," possessive).

No Spamming

1.                  The following forms of unsolicited communications are considered spam by VigRX, and are prohibited (the list is not exhaustive):

1.                  Unsolicited e-mail,

2.                  Unsolicited direct communication,

3.                  Unsolicited instant messaging, electronic newsletters without double opt-in, and

4.                  Unsolicited postings on public forums such as newsgroups, message boards, chat rooms, instant chat programs, guest books, web pages, or any other public forum, unless You:

1.                  are the 100% owner, 

2.                  have been given written permission by the owner, or

3.                  post in public forums in the "business opportunities" forum, if applicable.

2.                  VigRX does NOT pay for conversions from spamming.

3.                  If You are caught promoting our products and sites with spam, your account will immediately be terminated, all amounts otherwise owing will be forfeited, and we will pursue legal action. Why is VigRX so strict with its anti-spam measures and enforcement of its anti-spam policy?

1.                  The reasons are simple. First of all, it is illegal. Secondly, we want You to be successful and make more money in the VigRX program. Spamming equates to a poor gamble on minor short-term gains at the expense of assured long-term success.

1.                  Programs that condone spamming end up being blacklisted and relegated to bottom feeding with slow and unreliable web hosting options – low on speed and high on downtime.

2.                  We are able to secure top-level, fast, reliable web hosting to serve our web pages and order pages to your productive, targeted audience because we have not sacrificed these privileges by hammering an unproductive and poor target audience with unsolicited marketing.

3.                  Programs that condone spamming end up with product URLs, domains, and websites being content-filtered by block lists and anti-spam software, which means that critical e-mails such as Commission notifications, Affiliate newsletters, and order confirmations will not get through.

4.                  If a website is deemed to be generating spam, third-party testing services, such as McAfee Site Advisor, can render a negative review of the website.

1.                  This can result in the denial of paid search term advertising.

4.                  If You have any questions about whether or not your marketing methods are banned by this policy, contact us BEFORE you start your campaign.

5.                  If You wish to market by e-mail, You must first request permission from Your affiliate manager. If permission is granted, the manager will provide details on the VigRX "suppression list," which is used to avoid sending unwanted e-mails. You must:

1.                  exclude addresses on the list,

2.                  include an opt-out link in their e-mails, and

3.                  send e-mail addresses of opt-outs to [email protected]

6.                  When possible, please include the e-mail [email protected] on your distribution lists.

Personal Information

1.                  It is Your sole responsibility to ensure that the personal details that You provide on the application are true and accurate and that You will inform us if they change. You hereby also warrant that you are who You say You are in Your application.

2.                  The Affiliate shall give VigRX a functioning e-mail address that the Affiliate checks regularly.

3.                  In some places, there is a minimum age requirement for dealing in products of an adult nature, and for making any binding contract at all. It is Your sole responsibility to determine whether the place from which You operate your website or the place of Your residence has a minimum age requirement for both of these matters and to comply with any such requirements. By agreeing to this contract, You warrant that you are old enough.

4.                  You warrant that you also possess all other rights, permissions, and competencies to run a website that deals in products of an adult nature.

5.                  You hereby consent that we may use the information that You provide in Your application in order for us to carry out any checks that we consider necessary to confirm Your identity and suitability for the program, or for any other purpose which VigRX in its sole discretion deems necessary.

6.                  We reserve the right to prosecute persons who sign up as Affiliates under false identities and then use such identities for purposes besides purely Promotional Activities. 

7.                  On submission of an application to become an Affiliate or Network with VigRX, the applicant shall be deemed to have accepted and to be bound by the Terms.

The Permission We Allow You

1.                  Upon accepting Your application, VigRX grants You permission to market the VigRX Products, as offered on a VigRX Website, pursuant to the Terms, on a strictly independent contractor basis.

2.                  The permission to market includes a non-exclusive, non-transferable, royalty-free, revocable license to use VigRX Intellectual Property in conjunction with Advertising Material, for the sole purpose of Promotional Activities.

1.                  This permission does not include the right to use LEH or LEM trademarks, or any word(s) confusingly similar to them ("confusingly similar" in LEH's sole discretion), in the Affiliate's/Network's corporation or domain name.

1.                  There will be an exception in the case of a domain name if You ask for and receive express, written permission.

VigRX Rights

1.                  All data supplied via the Link either to or from the Affiliate and/or the Affiliate Website and all Intellectual Property rights in the same, and any and all goodwill generated by the Affiliate's activities shall accrue to and belong to VigRX exclusively.

1.                  VigRX is entitled to monitor the Affiliate Website to determine that the Affiliate's/Network's participation in the VigRX Affiliate program is appropriate.

1.                  If, in the sole discretion of VigRX, VigRX considers Your participation in the program inappropriate, VigRX may either:

1.                  notify You of the changes it requires, or

2.                  terminate this Agreement without notice and without penalty for VigRX and LEH.

2.                  All Intellectual Property used in accordance with this Agreement by either or both parties shall remain the exclusive property of the respective originating or issuing party.

3.                  No transfer of Intellectual Property ownership or conveyance of rights is intended or conferred in this Agreement.

4.                  You shall carry sole Liability for ensuring that You do not infringe the Intellectual Property rights of third-party owners of intellectual property.

5.                  Both parties will be held to confidence in any matters of business with regard to this Agreement.

6.                  VigRX will own all right, title and interest in and to all information that is created or collected in the operation of the VigRX Websites.

7.                  In order for us to optimize your experience with VigRX, we may use cookies on and emanating from the VigRX site and all other websites operated by LEH.

Affiliate Obligations

1.                  General

1.                  The Affiliate shall conduct him/herself with honesty and integrity.

2.                  The Affiliate shall comply with every applicable law, ordinance, rule, case law precedent, administrative ruling and/or regulation of every applicable country, federation of countries (such as the European Union), state, province, county, municipality and/or other jurisdiction in which the Affiliate attempts to conduct his/her affiliate affairs.

1.                  For greater certainty, this obligation applies to the rules, regulations, case law precedents, and administrative rulings of the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, and all other consumer protection bodies in and outside the United States.

2.                  You must post a privacy policy on your website(s) that discloses how you collect, use, share and/or sell personally identifiable information, pursuant to applicable laws and regulations.

3.                  You shall also post Your own Terms and Conditions.

4.                  The Affiliate may not copy the Privacy Policy or Terms and Conditions of VigRX websites verbatim

2.                  Links

1.                  The Links shall be displayed throughout your Affiliate Website.

2.                  The Link that VigRX will provide for You from the VigRX Website identifies the linked site as the Affiliate Website, and therefore:

1.                  It is the Your sole responsibility to ensure that this unique link is used and maintained, for otherwise the Commission may not be tracked, recorded and/or paid, and

2.                  VigRX is not liable for any Commission lost, unearned, or unpaid resulting from the failure to use or maintain the unique Link.

3.                  Affiliates/Networks using paid advertising on search engines (including, but not limited to, Google Ads and Bing Ads) or any other PPC or media buying platform, shall not link directly from their ads to any website owned by LEH. In order to be compliant, all paid traffic must go to an Affiliate's/Network's landing page. If You are found direct-linking, You may have Your accounts terminated and all Commissions forfeited.

4.                  You may also not link to the Privacy Policy or Terms and Conditions of a VigRX or LEH website.

3.                  You may not make any representations, descriptions, or claims about the Products, including claims about Product efficacy, that are not contained on a VigRX Website.

1.                  VigRX and LEH might change Product claims from time to time.

1.                  It is your duty to review the VigRX and LEH Websites regularly and bring your claims into conformity.

2.                  Failure by VigRX to send you actual notice of a change in Product claims does not relieve you of the responsibility to stay current with VigRX's/LEH's Product claims, and make sure that Your websites stay conformed.

1.                  An example of a forbidden Product claim would be that a male enhancement supplement can provide permanent enlargement of a flaccid penis (as opposed to temporary enhancement of an erect penis).

4.                  You must update the content of Your Website(s) as and when the Advertising Material on the VigRX and LEH websites is updated, in order to maintain consistency between the Your website and the VigRX/LEH websites.

1.                  All maintenance and updating of Your website(s) the Your sole responsibility.

5.                  You shall not frame any pages or parts of any pages of the VigRX or LEH Websites or any other website, nor will You create the impression that Your website(s) is/are a VigRX or LEH Website, part of a VigRX or LEH Website, or part of any website that is not Your own website.

1.                  By way of example, in order to avoid giving the impression that the Affiliate's website is a VigRX website, the Affiliate shall not use the name "Leading Edge Health" nor the names of any companies or brands owned by or associated with LEH, as set forth in Section 1(h) of the Terms, nor the contact information for those, in its footer or elsewhere, in a manner implying that the site(s)/page(s) itself/themselves belong to LEH.

6.                  The Affiliate shall not use or create any content, or link to a website that uses any content, that:

1.                  contains, libelous, defamatory, obscene, abusive, discriminatory, or illegal materials;

2.                  is invasive of any privacy and/or publicity rights;

3.                  infringes third-party intellectual property rights;

4.                  violates any law, or which is otherwise reasonably objectionable;

5.                  contains information or claims about the Products other than information about the Products supplied on the VigRX Websites;

6.                  contains any material that would mislead or cause confusion about the Products or the relationship between the Affiliate and VigRX;

7.                  is a "flog" (a.k.a. "fake blog" or a "flack blog"), defined as a promotional blog posing as a non-promotional, unbiased source of information; or

8.                  appears to be unbiased journalism when in fact it is part of a marketing campaign.

7.                  The Affiliate shall not authorize any third party to use the VigRX Intellectual Property, or any text, graphics, or photos that bear a likeness to VigRX Intellectual Property.

8.                  The Affiliate shall not apply to register any Intellectual Property in any jurisdiction, nor induce a third-party to do so; if the Affiliate or an induced third-party does so anyway, the Affiliate and/or induced third party will cooperate with LEH to rescind the application or registration, or to assign it to LEH or LEM, and provide and/or execute any documents that LEH requests in this regard.

9.                  The Affiliate shall not engage in or facilitate any Promotional Activities that use any technology that has any virus including, but not limited to, any Trojan horse, worm, logic bomb, time bomb, back door, trap door, keys or other harmful elements.

10.             The Affiliate shall not use consumers' personal data for activities that fail to comply with personal data protection legislation or regulations in any relevant jurisdiction.

11.             The Affiliate shall not create, or attempt to create, a Transaction by any means other than that permitted in this Agreement.

1.                  All Transactions shall be made by VigRX and/or LEH.

12.             The Affiliate shall not attempt to use any device, program, code or other technology to foster a Transaction that is not in good faith.

13.             The Affiliate shall not offer any warranty, guarantee, or representation relating to the Products, including as to their efficacy and safety, other than those given by VigRX.

14.             The Affiliate shall not use the Advertising Materials or VigRX Intellectual Property rights to promote any Affiliate program other than the VigRX Affiliate program.

15.             All banners and ad materials are solely for use to promote VigRX offers.

16.             The Affiliate shall give VigRX a functioning e-mail address that the Affiliate checks regularly.

17.             You shall not, directly or indirectly, attempt to recruit, solicit, or induce other Affiliates to terminate their affiliate relationship with VigRX.

18.             Traffic theft and any use or distribution of software that overrides or steals tracking cookies to generate sales for him/herself is strictly prohibited.

19.             Affiliates shall not intentionally add additional VigRX cookies (known as "cookie stuffing") to a user's browser.

20.             Affiliates are not allowed to use automated link-building tools or software to build links directly to any of our official websites.

21.             In pay-per-click advertising or any ad copy, Affiliates shall not offer coupons, discounts, promotional codes, or any other promise or method of savings.

22.             Affiliates shall not use the words "discount" or "coupon" in domains used for landing pages.

23.             Your landing page must contain a significant amount of substantive information about the Product(s), the sufficiency of which is judged in the sole discretion of VigRX.

24.             Sites or campaigns promoting GenF20 Plus:

1.                  No Affiliate shall make reference to the products SeroVital, GF-9, Thrive, or any other product from Basic Research LLC.

2.                  If affiliates refer to the GenF20 Plus study in sales copy, they must make it clear that the increase measured was an increase in IGF-1, not in HGH. IGF-1 rises when HGH rises, and the test looked for an increase in IGF-1, not directly for HGH. (IGF-1 increased by 28%.) By the same token, do not state any specific amount by which HGH rose in the study.

3.                  If affiliates promote GenF20 Plus on a website, insert this into the footer: "The study did not measure for a direct increase in HGH."

4.                  If you list the benefits of taking GenF20 Plus, indicate that those benefits are associated with HGH, and avoid stating directly that they are benefits of GenF20 Plus. This is the correct way to present efficacy benefits for an HGH product. So, for example, if you want to claim that GenF20 Plus will cause muscle growth, you may state that HGH is “associated with” muscle growth, or similar language.

25.             Affiliates may not refer to themselves as an official website for LEH nor for any Product, whether on the website, domain name, ads, or any other marketing materials.

26.             In accordance with FTC regulations, Affiliates shall disclose in a clear and conspicuous manner that they act as Affiliates and may be compensated.

27.             Affiliates may not register social media profiles that utilize Product names in the title(s) or represent themselves as LEH social media profiles.

28.             Consult with your affiliate manager for special rules on sub-affiliates and Networks; these rules are set forth inside of the VigRX Insertion Order. Violations of those rules shall be considered violations of the Agreement.

29.             VigRX shall pay an Affiliate their Commission at the level specified for such Affiliate in his/her Affiliate account interface.

30.             VigRX reserves the right to vary Commissions at any time.

31.             No Commission shall be payable to the Affiliate for any customers or transactions secured otherwise than in accordance with the Terms, and/or which are not genuine or involve use of fraudulent means.

1.                  If VigRX only becomes aware of such transaction(s) after Commission is paid, VigRX shall be entitled to recover the full value of the Commission via any appropriate means including, but not limited to, deducting the amount from a future remittal of Commission.

2.                  VigRX may also cancel the Agreement without notice and without penalty to itself, and may take any appropriate legal measures for, inter alia, fraud and breach by the Affiliate.

32.             No Commission shall be payable to the Affiliate for any customers or transactions that occur by visits made to the VigRX Website by a link which is not the Link and/or by visits made to the VigRX Website otherwise than via the Link even if those customers have followed the Link previously.

33.             VigRX no longer offers a webmaster referral program as of June 10th, 2019.

34.             VigRX utilizes first-click attribution to compensate affiliates for their sales. 

35.             Affiliates may utilize their own Affiliate Links to make purchases for personal use only. It is an Affiliate’s responsibility to ensure that their Affiliate Link is accurate in order to receive credit for a sale. If an Affiliate is cookied with another Affiliate’s cookie and a sale is made, VigRX will not retroactively give credit for a sale.

36.             If Affiliates are suspected of using their Affiliate accounts to resell products without written authorization from LEH, their account will be terminated and all Commissions forfeited.

37.             Networks must make their sub-affiliates sign terms and conditions substantially similar to the Terms of this Agreement, in order to ensure maximum possible compliance by the sub-affiliates, and also to protect the Network and LEH from legal consequences of the acts and omissions of the sub-affiliates.

Time of the Agreement and Termination

1.                  This Agreement shall commence on the date on which you indicate that you have read, understood, and accepted these Terms.

1.                  Checking the box for this purpose on the Affiliate sign-up page is full indication that you have read, understood, and accepted these Terms.

2.                  VigRX and you may terminate this Agreement at any time without cause, without notice, and without penalty.

3.                  VigRX may immediately terminate this Agreement for cause if you:

1.                  breach any term or condition of this Agreement, unless VigRX provides you express, written permission to remedy the breach, and you fail to do so within fourteen (14) days of notice of permission, or

2.                  cease or threaten to cease carrying on business.

4.                  Upon termination of this Agreement for any reason, VigRX shall de-activate the Link and the Affiliate will immediately:

1.                  cease carrying out all Promotional Activities;

2.                  cease to describe him/herself or promote him/herself under or by reference to the designation "VigRX Affiliate," an "Affiliate of VigRX," or any substantially equivalent designation;

3.                  cease use of the Intellectual Property and Advertising Material;

4.                  deliver up to VigRX or, if VigRX prefers, permanently erase or destroy as appropriate, all the Affiliate's Advertising Material, whether tangible or intangible, including source codes.

5.                  If this Agreement is terminated by VigRX without cause, any Commission due to the Affiliate will be paid subject to any set-off, claim or deduction that VigRX may have.

6.                  If the Agreement is terminated by VigRX with cause, the Affiliate in question shall not be entitled to receive any Commissions accrued from and after the event, act, or omission that constitutes cause, including Commissions from the downline Affiliates whom you had recruited, whether or not the sales for Commissions have been completed.

7.                  Clauses of the Agreement relating to indemnity, limitation of liability, dispute resolution, status of the parties as independent contractors, confidentiality, and other clauses where indicated, shall survive expiry or termination of this Agreement.

Indemnity, Hold-Harmless, and Limitation of Liability

1.                  Without prejudice to any other right or remedy VigRX or LEH may have regarding an Affiliate or Network, You agree to indemnify and keep indemnified VigRX and LEH (including their owners, directors, officers, agents, affiliates, sub-affiliates, employees, contractors and assigns) against any and all Liability and increased administration, professional, and legal costs on a full indemnity basis suffered by VigRX or LEH (without set-off, counterclaim and/or reduction), or hold VigRX and LEH (including their affiliates, directors, officers, employees, and agents) harmless, as the case may be, from and against and/or arising out of or in connection with any Liability, attributed to any alleged acts or omissions by You whatsoever, in any circumstance, including, but not limited to:

1.                  unauthorized use and/or infringement of the Intellectual Property or the intellectual property rights of third parties,

2.                  any breach of the Agreement,

3.                  any tortious act and/or omission,

4.                  any misrepresentation made in the Agreement,

5.                  any breach of statutory or regulatory duty; and/or

6.                  any Promotional Activities and all other activities by You, whether or not the Liability was foreseeable or foreseen.

2.                  VigRX shall have no Liability to the Affiliate or Network for any:

1.                  loss of profits and/or damage to goodwill;

2.                  pure economic and/or other similar losses;

3.                  special damages;

4.                  aggravated, punitive and/or exemplary damages;

5.                  consequential losses and/or indirect losses;

6.                  loss and/or corruption of data;

7.                  business interruption, loss of business, loss of contracts, loss of opportunity and/or of production; and/or

8.                  legal, administrative, or regulatory action undertaken against the Affiliate, VigRX, or LEH in connection with any aspect of the VigRX program including, but not limited to, challenges to claims of Product efficacy.

3.                  If, despite the aforegoing, VigRX or LEH is held liable to the Affiliate or Network, VigRX’s total Liability shall not exceed the sum of the Commissions actually paid to the Affiliate or Network in the immediately preceding six (6) month period.

1.                  For the purpose of this clause, the relevant six (6) month period means the six (6) months immediately prior to the first act/omission giving rise to the Liability.

4.                  Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of (in any jurisdiction):

1.                  Liability in contract (including fundamental breach),

2.                  Liability in tort (including negligence),

3.                  Liability for breach of statutory duty,

4.                  Liability for breach of rule and/or regulation, and

5.                  Liability for breach of the common law.

5.                  Nothing in this Agreement shall exclude or limit the Liability of the Affiliate and/or Network for fraud.Each party hereto acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty, prior agreement, or other provision except as expressly provided in this Agreement.

6.                  The obligations under this clause shall in perpetuity survive the expiry or termination of the Agreement.

WARRANTIES AND LIABILITY

1.                  VIGRX AND LEH MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OR THE VIGRX OR LEH WEBSITES OR THEIR AVAILABILITY OR FUNCTIONALITY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND EXCLUDED. THE AFFILIATE ACCEPTS THAT THE OPERATION OF THE VIGRX AND LEH WEBSITES MIGHT NOT BE ERROR FREE OR UNINTERRUPTED, AND THAT THE PRODUCTS MIGHT NOT PERFORM AS ADVERTISED FOR ALL CUSTOMERS. VIGRX AND LEH ARE NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE PERFORMANCE OR CONTENT OF THE VIGRX OR LEH WEBSITES, OR THE LACK OF PERFORMANCE OR SAFETY OF THE PRODUCTS OR ANY CONSEQUENCES OF THE ADVERTISING MATERIALS AND PRODUCT CLAIMS MADE BY VIGRX AND LEH.

2.                  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, TORT, AND CONTRACT, SHALL VIGRX OR LEH, THEIR SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF VIGRX OR LEH HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PRODUCTS' EFFICACY OR SAFETY, PROMOTIONAL ACTIVITIES, TRANSACTIONS, ADVERTISING MATERIAL, OR THE USE OF OR INABILITY TO USE THE VIGRX OR LEH WEBSITES OR ANY LINKS OR ITEMS ON THE WEBSITES OR ANY PROVISION OF THIS AGREEMENT OR THE VIGRX AFFILIATE PROGRAM, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS.

Assignment.

1.                  The Agreement is specific to the Affiliate and/or Network, and neither shall assign, sub-contract, delegate, sell, transfer, mortgage, charge, place in trust, nor dispose of any of its rights or obligations under the Agreement, unless permitted in writing by an authorized officer of VigRX.

2.                  VigRX shall have the right to assign, sub-contract, delegate, sell, transfer, mortgage, charge, place in trust, or dispose of any of its rights or obligations under the Agreement.

Your Relationship with VigRX

1.                  Affiliates/Networks are independent contractors of VigRX.

2.                  Nothing in the Agreement is intended or will be construed as constituting a partnership, agency, franchise, sales representation, employment, or joint venture relationship between VigRX and the Affiliates/Networks.

3.                  Affiliates/Networks are not authorized to incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of VigRX.

4.                  Affiliates/Networks are not authorized to enter into or commit VigRX to any agreements, and shall not represent themselves as having such authority.

5.                  Each Affiliate/Network shall be solely responsible for paying all expenses s/he/it incurs.

6.                  Affiliates/Networks are solely responsible for paying all taxes on their Commissions.

7.                  No third party shall have the right to enforce any Terms between the parties.

8.                  While Affiliates/Networks are independent of VigRX, and while Affiliates/Networks are to use Product descriptions that reflect their genuine opinions, Affiliates/Networks shall nevertheless disclose clearly on their websites that they have an Affiliate relationship with VigRX.

Confidentiality

1.                  All information conveyed to you by VigRX or by administrators of the VigRX program in furtherance of your Affiliate work, shall be kept confidential by you from all third parties, except:

1.                  to the extent directly necessary to carry out Promotional Activities, and

2.                  to the extent necessary to comply with an order of disclosure from officers of the law, a court of competent jurisdiction, or a government regulatory authority.

1.                  In such an instance, you shall first notify VigRX of the order of disclosure, and shall cooperate with VigRX in the event that VigRX elects to legally contest and avoid such disclosure.

2.                  The Link and the login and password to enable the Affiliate to access the Affiliate resource area provided by VigRX are confidential and the Affiliate/Network shall effect and maintain reasonable measures to safeguard them from access or use by unauthorized persons.

3.                  The Affiliate/Network shall return to VigRX or, if instructed by VigRX, shall destroy, all Confidential Information that is embodied in tangible or visible form, including all copies thereof.

4.                  The obligation of confidentiality shall continue and survive the Agreement for a period of five (5) years.

Entire Agreement

1.                  This Agreement, in its current form and as amended by VigRX at its discretion, constitutes the entire agreement between the parties.

1.                  It supersedes any prior written or oral agreement between VigRX and you.

2.                  Any promises, representations, warranties, usages, offers, customs, courses of dealing, or other communications are of no force or effect.

Waiver

1.                  No waiver by a party hereto of any breach of the Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

2.                  Any waiver shall be in writing and signed by an authorized officer of VigRX.

Cooperation

1.                  Each party shall from time to time, at the other party's request and cost, do all such acts and execute all such documents and/or deeds that may be reasonably necessary in order to give effect to the provisions of the Agreement.

Amendments

1.                  VigRX may amend the Terms at any time.

2.                  Any and all amendments shall become effective upon VigRX's posting of the amendment(s) on the VigRX Website(s).

3.                  If notice of amendment is transmitted to Affiliates/Networks, it will be sent to them at the e-mail address on file with VigRX for each Affiliate/Network, and in no other manner.

4.                  Notice may consist in an advisory to review the Agreement, rather than in a transmission of the actual amendment.

5.                  Your continued participation in the VigRX program signifies your full acceptance of any and all amendments.

Validity

1.                  If any part of the Agreement is held to be void and/or unenforceable, the remainder of the Agreement shall remain in full force and effect.

2.                  The parties agree that in the event of any such deletion, they shall negotiate in good faith in order to agree to terms of an enforceable obligation that is as close as possible to achieving the commercial aim of the deleted part.

3.                  The failure of the parties to agree such a replacement provision shall not affect the validity of the remaining part of this Agreement.

Expenses

1.                  Each party to the Agreement shall be responsible for paying its own costs and expenses incurred in connection with the negotiation, preparation, and execution of this Agreement.

Force Majeure

1.                  Neither party to the Agreement shall be liable to the other for loss, damage, detention, delay or failure to deliver and/or perform all or any part of its obligations under this Agreement as a result of a war, acts of God, fires, strikes, lock-outs, insurrections, riots, embargoes, unavailability of raw materials, wrecks or other delays in transportation, legal requirements, or regulations of any governmental authority.

Headings

1.                  The headings used in the Agreement shall not be used for the construction or interpretation of the Agreement.

Survival

1.                  Following the expiry or termination of this Agreement, whether by its terms, operation of law, or otherwise, the Terms set forth, as well as any term, provision, or condition required for the interpretation of the Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiry or termination.

Construction and Interpretation

1.                  The parties hereto agree that no provision of the Agreement shall be construed against a party to the Agreement on the grounds that any provision(s) was/were purportedly prepared by a certain party or its attorney.

Dispute Resolution

1.                  The parties hereto agree that they will first attempt to resolve any dispute or controversy between them by informal, direct, and good-faith discussions.

2.                  If such discussions do not resolve the matter, then the parties shall attempt to resolve the dispute or controversy (except as otherwise provided for herein) by means of mediation, at an office of the ADR Institute of Canada (“ADRIC”) in Victoria, Canada or, if the parties agree, through ADRIC via online sessions, conducted in accordance with the rules of ADRIC then in effect.

3.                  If the services of ADRIC are not available or reasonably practicable, then the parties shall avail themselves of the services of the ADR Chambers of Canada (“the Chambers”) by means of mediation, at an office of the Chambers in Victoria, Canada or, if the parties agree, through the Chambers via online sessions, conducted in accordance with the rules of the Chambers then in effect.

4.                  If mediation fails, then the parties shall resort to binding arbitration through ADRIC in the manner described above, conducted in accordance with the rules of ADRIC then in effect, or if the services of ADRIC are not available or reasonably practicable, then through the Chambers, and if the parties agree, through online sessions, resorting first to ADRIC and then to the Chambers, conducted in accordance with the rules of ADRIC or the Chambers then in effect.

5.                  The mediation and/or arbitration shall be limited solely to the dispute or controversy between you and VigRX and/or LEH, meaning that the mediation and/or arbitration, or any portion of it, shall not be consolidated with any other mediation and/or arbitration, and shall not be conducted on a class-wide or class action basis.

6.                  Further, we both waive the right to mediate or arbitrate any claim as a representative of a class or in a private attorney general capacity, and we both waive the right to participate in any manner in a class action either in a court of law or in mediation or arbitration against each other.

7.                  The language of every mediation and/or arbitration shall be English, and there shall be one (1) mediator or arbitrator, as applicable.

8.                  The ruling of the arbitrator may be submitted for enforcement, if deemed necessary by either party, to a court of competent jurisdiction in Canada, the United States, or any other pertinent jurisdiction.  

9.                  The above-prescribed methods for dispute resolution shall in perpetuity survive the expiry or termination of the Agreement.

Your Privacy Rights

Last updated: December 16th, 2022

This policy applies to all visitors except those from the European Union. (For our European Union visitors, please see here.)

If you are a resident of California, please see below and also see here.

If you are a resident of Canada, please see below and also see here.

Leading Edge Health Inc., a Canadian corporation ("LEH"), recognizes the importance of your privacy. Please take a moment to review how LEH collects and uses your information ("Privacy Policy").

Your Privacy Rights:

LEH ACTS IN COMPLIANCE WITH THE CAN-SPAM ACT, THE CALIFORNIA ONLINE PRIVACY PROTECTION ACT, AND THE CALIFORNIA "SHINE THE LIGHT" LAW.

We do NOT collect information about your general browsing behavior on the net.

We do NOT know any of your internet search queries except for those that land you on our domains.

We will NEVER spam you, and our third-party affiliate marketers are strictly forbidden to spam. By "spam," we mean the sending of bulk, unsolicited e-mail. If you receive spam containing an ad for one of our products, contact us at once. We will terminate the affiliate from our marketing program immediately.

We are informed when someone clicks on ads on other sites, but the only information we have is the number of ad views. We do NOT know the identity of the site on which the ad was clicked, unless it is the immediate page before you land on our site.

Besides our own website pages, the only page we will ever know you visited is the specific page from which you arrive (if applicable).

We do NOT have discretionary access to your credit card information. Your credit card information is in a locked system, held by a certified Level 1, PCI-compliant third-party processor, for strict data security. If you make multiple purchases, their locked system will conduct the transactions. We do NOT have access to any part of the stored information, and we do NOT see the credit card numbers. There are strict obligations that govern credit card merchants' handling of personal data, and we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.

Your order is shipped discreetly in a plain package with a shipping label that does NOT identify the contents.

The purchasing, processing, and shipping of any product on the internet requires the buyer to provide certain data such as a name, shipping address, email address, and often a phone or fax number (we'll call that "Provided Information"). Such data are gathered via the website order page, mail or fax forms, or telephone order, and this information may be stored by LEH.

The Provided Information is transmitted from your web browser to our order processing system using Secure Sockets Layer (SSL). With this communication protocol, all Provided Information is encrypted prior to transmission over the Internet, and NOT sent as readable text. There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, however, can be intercepted by third-parties, and we cannot accept liability for that.

Follow-up communications from LEH will ordinarily be limited to an order confirmation, customer service replies to questions you pose, newsletter mailings (from which you may naturally and easily opt-out at any time), occasional promotional offers (from which you may also naturally and easily opt-out at any time), the reset of your password if you so request, and perhaps a customer satisfaction survey. These may come by e-mail, SMS text, or phone. If you would like to opt out of newsletters, promotions, or surveys, not only can you unsubscribe at any time, but also can already opt out here or call us at Toll Free (in North America) +1-866-261-8661; international customers call (international calling code) +1-250-999-0414 (Between 6 am and 6 pm Pacific Time, Monday - Friday excluding holidays). Unless you opt out here unsubscribe later, you shall be deemed to have given affirmative consent to receive such.

Communications between you and LEH may be recorded.

LEH markets a number of other brands, such as PrimeGENIX and GenuinePurity. If you receive an e-mail, SMS, or MMS sent specifically from PrimeGENIX, GenuinePurity, Leading Edge Health, or another associated brand, and you exercise your opt-out rights through the opt-out mechanism provided, this will not necessarily unsubscribe you from e-mail/SMS/MMS for the other brands. For instance, if you opt out of PrimeGENIX e-mails, you might still receive e-mails in the future stating that Leading Edge Health or GenuinePurity is the sender. To opt out of messages from any other brand like that, use the unsubscribe mechanism on the message of the particular brand/sender.

We will not send you promotional SMS text messages unless you check the box where we ask permission to send them. Checking the box is an affirmative act, and by that act you are providing express, written consent to receiving promotional SMS texts. Providing your phone number is not a condition of purchase. You can opt out by replying "STOP" at any time. Message and data rates may apply. By law, we are not required to ask permission to send texts concerning actual purchases, such as order confirmations or delivery information.

The Provided Information may be shared with select third-parties, who may notify you about products or services that they believe to be appropriate for you. We may also share pseudonomized and encrypted customer data with third-party vendors such as Google Customer Match for marketing and tailoring ads. If you wish to opt-out, you are welcome to use the contact information listed below to tell us.

When non-personal information about you runs through servers and other mechanical devices to effectuate your transaction, we do NOT use it for any purpose other than completing the transaction and, potentially, for placing cookies so that ads might appear when you visit sites relevant to LEH products. We do NOT know the sites you are visiting when ads appear. (You can block cookies by changing settings on your computer.)

Just as with any other company, Provided Information might have to be disclosed to a court of competent jurisdiction or a law enforcement agency if validly demanded, or may have to be disclosed in the course of a lawsuit, or supplied to a doctor or medical authority for your protection in the event of a health risk.

Just as with any other company, our shipper will have access to that limited portion of your Provided Information necessary for sending you the product. The shipper is bound by a confidentiality agreement with us, and subject to applicable confidentiality statutes.

In the event that our business is sold, Provided Information may be conveyed to the buyer, but the buyer will be obligated to honor this Privacy Policy.

How can I update my information?

If your Provided Information changes, you may update or amend it by contacting us through the means provided below.

What happens when LEH changes its Privacy Policy?

We may update the Privacy Policy from time to time to reflect changes in the scope of our customer support, order processing, the law, or industry initiatives, among other reasons. If we make an update that materially changes a term set forth above, this will normally not apply to prior purchasers. If, for some, reason, it does, we will notify you using the e-mail address we have on file for you. Any changes made to the Privacy Policy will be effective upon the posting of the new Privacy Policy. The effective date of the Privacy Policy can be found at the top or bottom of this page, so if you come back to the site to make another purchase, please check to see whether the date has changed since your prior purchase, and if the date has changed, please make sure to read the policy again.

How can you contact LEH?

If you have questions about our Privacy Policy, or wish to exercise your rights, please e-mail us at

[email protected]

or

You can also call us toll free (in North America) at +1-866-261-8661 or (from outside North America) at +1-250-999-0414 (Between 6 am and 6 pm Pacific Time, Monday - Friday excluding holidays).