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These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by KIF, "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between KIF and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and KIF. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. KIF may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that KIF believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. Referral Tracking
KIF will provide the Affiliate (you) with specific Referral Links to link products, pages and other marketing content to KIF. Affilo.io (which is a referral tracking software) will track users who have visited these Referral Links using cookies which expire after 14 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Affilo.io and KIF is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. Affiliate Fees and Payouts
We payout to our Affiliates on the 15th day of every calendar month.
A referral will become eligible for payout ("Eligible Referral") after the commission holding period of 14 passes if it meets all of these criteria:
The payment of the order is paid in full by the referred customer.
The referral's account remains active and in good standing.
The referral's account has not had any of its payments refunded, charged back or otherwise reversed.
The Affiliate is entitled to receive a one-time payment of 5% of the total order value (excluding shipping and taxes) in [CAD] for each active Eligible Referral that is recorded in the Affiliate Dashboard. All eligible referrals are payed out collectively on the 15th day of every calendar month.
All Affiliate Fee payments will be payable in CAD only, except as otherwise determined by KIF in its sole discretion. Payment will be made through PayPal to the email address specified by the Affiliate in the Affiliate Dashboard. The Affiliate is responsible for providing KIF.LIFE with the full and accurate details that are required to remit the Affiliate Commission, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Commissions will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by KIF, KIF may delay the payment of Affiliate Commissions to verify the relevant transactions. KIF reserves the right to recalculate, void, or disqualify any referrals or Affiliate Commission in the event of any fraudulent, deceptive or otherwise illegal activity.
Website.com hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the KIF logos, advertisements and banners for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain KIF logos or service marks in good taste. The Affiliate may not use [YOUR WEBSITE's] logos or service marks in a manner that, in KIF sole discretion, portrays KIF in negative light.
We may provide the Affiliate with marketing material but the Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
KIF may, without prior notice, require the Affiliate to remove or modify any advertisements in KIF's sole discretion.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving KIF a written notice of termination. The notice must be sent through the messaging system of the affiliate marketing software Affilo.io.
Website.com reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Website.com, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. Relationship of Parties
KIF, Affilo.io and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on KIF or Affilo.io's behalf.
7. Limitation of Liability
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. KIF and Affilo.io make no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
[YOUR WEBSITE] and Affilo.io is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless KIF and Affilo.io, their directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
KIF may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement.. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. The Terms and Conditions of the Affiliate Program are also available to read in Affiliate Dashboard.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. KIF and Affilo.io reserve the right to terminate the Affiliate's participation in the Affiliate Program if KIF and/or Affilo.io determines, in their sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between KIF, Affilo.io and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Last Amended: July 16, 2018
1164821 B.C. Ltd. (‘KIF”) receives, retains, and safeguards information in the course of selling medical cannabis to any individual who is registered as a client of KIF (a “Registered Client”). Some of the information KIF receives is Personal Information relating to Registered Clients as defined below.
Purpose and Definitions
This policy describes KIF’s Personal Information management practices including in relation to registering as a Registered Client, purchasing regulated medical cannabis products (“Cannabis Products”), accessories from KIF or any third parties with KIF branding (“ KIF Branded Accessories”), and accessories from KIF or any third parties without KIF branding (“Other Accessories”) (any one or more of the Cannabis Products, the KIF Branded Accessories, and the Other Accessories collectively or in any combination being the “Products”), browsing the KIF website (the “ Site”), and subscribing to the KIF newsletter and other communications. More specifically, this policy describes the purposes for which KIF collects, uses and discloses personal information, including personal health information, of a Registered Client, an individual responsible for a Registered Client in accordance with the ACMPR (“ Responsible Individual”), or other visitors to, or users of, the Site.
In this policy, “Personal Information” means information about an identifiable individual, such as a Registered Client, including information relating to the individual’s physical health, mental health, health history, health care providers, health number, heath care services, or agent for healthcare (“Agent”). In this policy, an Agent is a person who is authorized to assist an individual to obtain health care and related services or make decisions about healthcare, including a substitute decision maker, a legal guardian, a person exercising a power of attorney, a Responsible Individual, or a person who is acting on the individual’s behalf with the individual’s consent.
KIF reserves the right to amend this policy in response to changes in KIF’s services, changes in the ACMPR or other Applicable Law as defined below, or changes in policies applicable to KIF’s services. The date on which this policy was last amended is shown at the top of this policy. You are responsible for verifying whether amendments have been made to this policy. As in the KIF Website Terms and Conditions, located www.KIF.life/terms your access to the Site or use of KIF’s services after amendment of this policy will be understood to be your agreement to KIF Website Terms and Conditions and the collection, use and disclosure of your Personal Information in accordance with the amended policy.
KIF’s Legal Obligations
KIF has obligations as a licensed producer of medical cannabis under the ACMPR. KIF’s obligations are based on the ACMPR and other legislation including the Controlled Drugs and Substances Act, the Narcotic Control Regulations, and any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, common law, and any other applicable laws (collectively or in any combination, “Applicable Law”). These obligations include the collection and disclosure of certain Personal Information. No agreement between you and KIF can override a legislative requirement to collect, use or disclose your Personal Information and to retain your Personal Information for a specified period of time.
More specifically, the ACMPR require KIF to collect Personal Information about you before we can deliver medical cannabis products to you, your health care provider, or your Agent. The ACMPR require us to receive a document prepared by your health care provider and referred to in the ACMPR and this policy as a “Medical Document” or a copy of a document issued to you from the Minister of Health and referred to in the ACMPR and this policy as a “Registration Certificate”. The ACMPR requires that your Medical Document or Registration Certificate include your name and date of birth, the name and date of birth of your Agent (if applicable), information about your health care provider, the daily quantity of medical cannabis you are approved to receive, and the period of time for which you have been approved for medical cannabis use (which under the ACMPR is a maximum of one year from the date of the Medical Document or Registration Certificate). Some individuals choose to receive the Medical Document and send it to KIF and others choose to have their health care provider send Medical Document directly to KIF.
KIF is also required by the ACMPR to track certain Personal Information other than that included in the Medical Document or Registration Certificate, including the dates, quantities, and other details of purchases of medical cannabis by Registered Clients.
In addition to the Personal Information we are required to collect, you may voluntarily provide us with additional Personal Information, for example relating to your medical condition or the results you obtain from your use of medical cannabis. With your express consent, we will use such Personal Information provided by you for medical or market research, education, improving our product offerings, or otherwise improving the experience of our Registered Clients. We may use your personal information for internal statistical purposes, such as compiling demographic information of Registered Clients, compiling information about the medical diagnoses associated with Registered Clients and the Products that appear to be most effective in relation to such diagnoses. We may publish or disclose aggregated statistical data to third parties provided that no Personal Information associated with an identifiable individual is included in such publication or disclosure except in accordance with this policy.
Collection, Use, and Storage of Personal Information
KIF collects and uses Personal Information to respond to requests for information, products, and services, including for purchases of medical cannabis in accordance with the ACMPR. Once KIF receives Personal Information, the Personal Information is stored digitally. Subject to any required communication of your Personal Information to KIF service providers as described below, all digital records of Personal Information are stored on encrypted servers located in British Columbia.
KIF uses external service providers and may share your Personal Information with such service providers as necessary in the course of KIF’s operations. KIF limits its service providers’ use of Personal Information to that required to provide their services. Some of KIF’s service providers operate outside of Canada, in the United States and elsewhere (an “Offshore Jurisdiction”). Where a service provider operates in an Offshore Jurisdiction, Personal Information we share with the service provider will be subject to applicable laws in force in the Offshore Jurisdiction, including any requirement to disclose Personal Information to government, government agencies (including law enforcement agencies), regulators, courts and others in the Offshore Jurisdiction.
Unless otherwise indicated when obtaining your express consent or as required by the ACMPR, other legislation, or court or other order, KIF stores your Personal Information for two years from the date your Personal Information was received or recorded by KIF as required by the ACMPR. After the retention period of two years has ended in respect of a given piece of Personal Information, unless otherwise required by applicable law, KIF deletes and destroys records of the Personal Information in due course.
Disclosure of Personal Information
Under some circumstances, KIF may be required by the provisions of the ACMPR, other legislation, or court or other order, to disclose Personal Information of a Registered Client or a Registered Client’s Agent to the Royal Canadian Mounted Police, provincial or municipal police forces, the Health Ministry, health care provider licensing authorities, or other authorities. Such disclosures may result in your Personal Information being provided to the International Narcotics Control Board, authorities in the United States or other foreign jurisdictions, or other third parties.
KIF may also disclose your Personal Information for the purposes of a court, administrative, or other proceeding to which it is a party, as permitted by applicable law.
If KIF is required to disclose Personal Information pursuant to a court order, subpoena, warrant or other legal requirement, or discloses your Personal Information for the purposes of a court, administrative, or other proceeding to which it is a party, KIF will not disclose any more Personal Information than required for the purpose and will, to the extent permitted by law, provide you with notice of the disclosure. There are circumstances, for example where a criminal investigation is in progress, where KIF may be prohibited from notifying you of a disclosure obligation.
Personal Information of Visitors to the KIF Website
When you visit the Site, we may collect technical information, which may include the address of the Site that you visited before visiting the KIF Site, the pages of the Site that you visit, the browser you used to view the Site, the search terms you entered on the Site, and other such technical data (“Technical Information”). The Technical Information may not in itself constitute Personal Information. We may also store certain information, such as “cookies”, on your computer when you visit the Site. We may use this information when you revisit the Site. When you or your device accept a cookie from the Site, the information we then collect is specific to your device and may include the IP address, the date and time your device accessed the Site, the pages of the Site that were accessed and similar information. This information is anonymous and is associated a device rather than with an identifiable individual. We use this information to improve our understanding of how the Site is being used and whether it is operating at an optimal level. You can remove or block this information by changing the settings on your device in accordance with the documentation relating to your device. If you do so, you may not be able to access or use certain areas or features of the Site.
We aggregate the Technical Information we collect from visitors to the Site and use the aggregate Technical Information to measure and improve the effectiveness of the Site and improve its content and responsiveness to visitor interests. We will not combine the Technical Information with any Personal Information we have collected. For clarity, the aggregate Technical Information we produce in relation to use of the Site does not identify individual visitors.
We may disclose the aggregate Technical Information about the use of the Site to our service providers, regulatory bodies, and others.
Subscribing to the KIF Newsletter and Other Communications
KIF publishes a newsletter and provides other mass communications about special offers, product information, surveys or other messages related to KIF, to medical cannabis more generally, or other topics. The KIF newsletter and other mass communications are available to the public generally and there is no requirement to be a Registered Client to receive the KIF newsletter and other communications. If you are a Registered Client, the KIF newsletter and other mass communications do not identify you as such. Please note that separate from the KIF newsletter and any mass communications, Registered Clients will also receive specific communications relating to status as a Registered Client, including details of medical cannabis orders that have been shipped to you or received from you as returned.
You may subscribe to the KIF newsletter or consent to receive other mass communications through the Site. Subscribers may terminate their subscription at any time. The materials and notices we send by email include simple instructions and a link for you to unsubscribe. If you have any trouble unsubscribing, please contact our Privacy Officer as set out below.
Access and Correction of Personal Information, and Other Inquiries
You may request access to and the correction of your Personal Information in our records. You may request confirmation of the location of your Personal Information, including whether it is currently located in or has been reviewed in an Offshore Jurisdiction. Except in circumstances established by law, you have a right to access any of your Personal Information in our records. To the extent that we are satisfied that your Personal Information in our records is inaccurate, we will correct the information.
If you want clarification of this policy, additional information about our Personal Information management practices or our management of your Personal Information, or if you want us to investigate any concerns you have about our use or disclosure of your Personal Information, please contact our Privacy Officer as set out below. Please note that email is not a secure means of communication. You assume all risk in relation to your decision to transmit Personal Information or confidential information to us by email, or to receive communications from KIF by email.
Privacy Officer Contact Information
P.O. Box 42020 RPO South