SHIPPING

RETURNS

We offer a 30 Day Unconditional Money Back Guarantee (less shipping and handling). If you order an item that consists of multiple bottles, only the smallest bottle can be opened and the remaining bottles must be returned in factory sealed condition to receive a full refund.

Example

If you ordered a 180 size BIONX SUPERMODEL and it was shipped as a 60 size plus a 120 size, then the 120 size must be returned in brand-new factory sealed condition to receive full credit (less shipping and handling). However, if the second product (the 120 size) is opened the refund is reduced to 50% of the product sales price (less shipping and handling).

Please e-mail to returns@bionx.comor call Customer Service at (760) 290-3025 within 30 days of the shipment date to receive authorization and return instructions. Use a shipping service with tracking capability because Bionetworth cannot be responsible for products in transit from you to us.

AUTOSHIP ORDERS (MONTHLY RECURRING BILLING)

If you have ordered a product on Autoship that means you have agreed for Bionetworth, Inc. to ship that product to you on a monthly, recurring basis. To cancel or update billing on recurring orders log in to your account at www.bionx.comand either "Update Billing Info" or "Stop Future Billing." To change the shipping date please contact us at inquiry@bionx.comand let us know what date you wish to change to.

AFFILIATE PROGRAM

1. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.



2. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.



3. Limitation of Liability

We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.



4. Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals that operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.



5. SPAM

Bionetworth has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately suspended while the company, in their sole discretion, determines the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.

6. Miscellaneous

This Agreement will be governed by the laws of the United States and the State of California without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Sacramento, California, and you irrevocably consent to the jurisdiction of such courts.



7. Enrollment in the Affiliate Program

We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for our Program. Your site should:

•               Generate sufficient traffic to our website

•               Attract a customer base who may be interested in our products

•               Not promote sexually inappropriate materials

•               Not promote violence

•               Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

•               Not promote illegal activities

If we reject your application, you are welcome to reapply to our Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for our Program, we may terminate this Agreement.

8. Referral Commissions and Payments Procedures

The amount of referral commissions due to affiliates will be as follows: For an online sale, which we make as a result of a direct link from the affiliate's website or other linkage, that affiliate will receive an eighteen (18) percent commission compensation of the selling price of the services or products sold (not including shipping and handling or taxes).

Sub-Affiliates. Under exceptional conditions only, Bionetworth at its sole discretion will authorize Affiliate/Sub-Affiliate relationships. Bionetworth offers commissions on a very selective basis for Sub-Affiliates that are business entities with a web presence that meet specific conditions established by Bionetworth. A Sub-Affiliate must be a business entity independent of the Parent Affiliate's ownership and must provide a website URL. If an Affiliate owns two or more businesses they cannot be enjoined in an Affiliate/Sub-Affiliate relationship but can register as independent Affiliates with each having its own Affiliate ID. Bionetworth will provide you by email if the Sub-Affiliate relationship has been authorized. Commission payment for Sub-Affiliates does not commence until this authorization has occurred. You will receive a nine (9) percent commission compensation of the selling price of the services or products sold by each authorized Sub-Affiliate (not including shipping and handling or taxes).

Bionetworth will pay Affiliates thirty days (30) after the end of each calendar month for all commissions earned during the prior month. A commission will only be credited to an affiliate after the customer has made full payment to company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Bionetworth in full for any such commissions. Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her registration, and mailed to the mailing address provided by the affiliate. Affiliates must have accumulated commissions of at least $100 for a given payment period before a check will be issued. If commissions are less than $100 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than $100.



9. Tracking of Sales

Bionetworth will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Bionetworth will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by Bionetworth to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Company is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:

•      Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on

•      Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time Acts of nature that cause irretrievable data loss on the computers and back-up disk media.

10. Exclusivity

Subject to the terms and conditions set forth above, we shall be the exclusive provider of training and rehabilitation equipment on your site. You agree that you will not (directly or indirectly) allow any other person or entity to sell such equipment on your site or link their site to yours in connection with the sale of such equipment. This agreement does not prevent an Affiliate from selling/fulfilling its own proprietary equipment on its site or from accepting paid advertising from other equipment providers. However, both such actions are not to occur on any page that has Bionx.com links or banners appearing.

11. Restriction on use of Bionetworth content on affiliate sites

 Affiliates must have the permission of Bionetworth in the use of any Bionetworth content published on an affiliate’s site. All affiliate links must direct purchases directed to the Bionx.com website.



12. Our Responsibilities

We will be responsible for providing all information necessary to allow you to make appropriate links from your site to our site. We will be solely responsible for processing every Bionetworth order placed by a customer following a link from your site, for tracking the number and amount of sales generated by the link from your site, and for providing information to you regarding sales statistics at your request. Also, we will be responsible for credit card authorizations, payment processing, cancellations, returns, and related customer service, it being understood that such activities shall be for our account.

13. Taxes

You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, Bionetworth will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with a valid social security or Federal ID number upon registration as an Affiliate.

 14. Agreement to Terms and Conditions

By accepting and using the Affiliate ID code provided by Bionetworth, an affiliate agrees to the Terms and Conditions published under Policies on the home page of the www.bionx.com website.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.