AFFILIATE SIGNUP

http://www.fhiheat.com/

General

Address

Social Media

I agree to the program terms and policies *
I confirm I am 18 years old or older. *
I agree to subscribe to FHI HEAT emails to ensure I receive all necessary program information *
By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages from FHI HEAT at the cell number used when signing up. Consent is not a condition of any purchase. *

Reasons to Join

• Supplement your current income
Make money selling the products and tools that made a difference for you.

• It’s easy to get started
We do the heavy lifting, you also say bye to all the responsibility and logistical dilemmas while you can focus all your attention on promoting your unique referral link to your social media bio, post it on your feed, text it to your client list.

• The sky's the limit – earn hundreds of dollars being an affiliate
The amount of money you can generate is unbound and the potential for growth is huge. There is literally no income roof, and no limits on how fast or slow you move up the revenue ladder. It’s all up to you.

• Did we mention it’s also just plain fun?
Learning how to market your website, being creative and you’re practically on your way. Have money come streaming in!

Commission & Business Details

Conversion Action
Online purchase with processed valid payment.

Cookie Days
30 days

Commission Type
Percent of Sale

Base Commission
20%

Commission Fees
FHI Heat Affiliates earn a percent of sale amount commission via Paypal / Bank ACH. We reserve the right to reverse commissions due to returns, order cancellations, and erroneous order duplications. We also reserve the right to defer or refuse commissions for disputed orders or orders we reject and cannot fulfill.

Legal Compliance
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

FHI Heat Affiliate Program Agreement Terms and Conditions

This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between Luxury Brands, LLC d/b/a FHI Heat ("us", "we" or "FHI Heat") and you, regarding your application to and participation in the FHI Heat Affiliate Program (the "Program") as an affiliate of FHI Heat ("you" or "Affiliate"), and the establishment of links from Affiliate's social media accounts to our website, www.fhiheat.com(the "FHI Heat Site").

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. Eligibility to Participate in the Program
To participate in the Program, you must be a legal resident of the fifty (50) United States and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence. Employees of FHI Heat and/or any of its subsidiaries, affiliates or related companies are not eligible to participate.

2. Definitions
"Affiliate" shall mean the individual applying to or participating in the Program by displaying FHI Heat’s products on the social media accounts owned or controlled by Affiliate, including but not limited to, Instagram, Facebook, YouTube , TikTok, Twitter, Pinterest or blog (individually and collectively, "Affiliate's Social Platform"), using an affiliate tracking link (the "Link" defined below) in exchange for receiving a commission from FHI Heat for sales directly resulting from such display.

"Commission Fees" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to FHI Heat, subject to the Commission Threshold, if any, and pursuant to the terms of this Agreement.

"Commission Threshold" shall mean the amount of Commission Fees that an Affiliate may have to first accrue prior to receiving a payment from FHI Heat, as may be determined by FHI Heat at any time in its discretion.

"Link" shall mean a unique tracking link provided by FHI Heat to Affiliate for Affiliate's use and posting on Affiliate's Social Platform in connection with a Post.

"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showing Affiliate using Product and subject to the terms of this Agreement.

"Product" shall mean product available for purchase from the FHI Heat Site. Affiliate is solely responsible for acquiring (by purchase, borrow or otherwise) any such Product; however, from time to time, FHI Heat may gift Product to Affiliate as determined in its sole discretion.

"Qualified Purchase" shall mean a sale of FHI Heat’s Product(s) to a Referred Customer, excluding any Product that is specifically designated as a sale, discounted or clearance item. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the FHI Heat Site (as opposed to a discount code or price reduction applicable to a specific Product, which is excluded from this definition of a Qualified Purchase).

"Referred Customer" shall mean each new and unique customer referred to the FHI Heat Site from Affiliate through a Link, that provides valid account and billing information and completes a Qualified Purchase.

3. Enrollment in the Program

(a) To begin the enrollment process, Affiliate must submit a completed Program application through the FHI Heat Affiliate Signup Site.

(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Affiliate is accepted into the Program, Affiliate shall notify FHI Heat in writing of any significant changes to the content or structure of Affiliate's Social Platform within five (5) days of such change(s).

(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by FHI Heat solely in its discretion. If you are accepted into the Program, FHI Heat expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. FHI Heat further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.

4. Links
Affiliate shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.

5. Posts
(a) The Post: (i) must depict only Affiliate and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and a legal resident of the fifty (50) United States and Affiliate has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (ii) must depict Affiliate and/or the Permitted Third Party using Product(s); (iii) must tag @fhiheat (3) lines of the post or superimposed in a story); (iv) may not mention, reference or show any brand other than FHI Heat; (v) must not defame, misrepresent or disparage FHI Heat, its business, products or brands, or any third party brands, products or services competitive to FHI Heat and/or its business, products or brands; (vi) must reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences with FHI Heat and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (vii) shall be Affiliate's own original work, created solely by Affiliate, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and (viii) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.

(b) Affiliate represents, warrants and agrees that it shall abide by all of the foregoing, as well as all applicable laws, rules and regulations, including the Federal Trade Commission's Endorsement Guides ("FTC Guides"), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines, Terms of Use and other applicable policies of the social media platform used by Affiliate for its Post(s). We reserve the right to withhold Commission Fees and/or deactivate your Link and/or terminate your affiliate relationship with us if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to, your noncompliance with the FTC Guides as set forth above. Affiliate further represents and warrants that he/she has obtained any and all necessary consents of any Permitted Third Party.

6. Order Processing
FHI Heat will process orders placed by Referred Customers who follow the Link from Affiliate's Social Platform to the FHI Heat Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including FHI Heat’s cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Link, at our discretion either directly or via a third-party vendor, and will make this information available to you through the FHI Heat Site. To permit accurate tracking, reporting and commission accrual, you must ensure that the Link between Affiliate's Social Platform accounts and the FHI Heat Site are properly formatted. We shall not be responsible for improperly formatted Links.

7. Commission Fee Determination; Qualified Purchases
(a) We will pay Affiliate a Commission Fee based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.

(b) The Commission Fee amount and structure shall be determined by the method of payment selected by Affiliate in its Program application. If Affiliate selected payment through PayPal or by Bank ACH, the Commission Fee shall be in an amount equal to twenty percent (20%) for each Qualified Purchase, unless otherwise agreed between the parties in writing, based upon net sales. "Net sales" shall mean the actual purchase price paid by a Referred Customer for a Qualified Purchase, less deductions for customer shipping and handling fees, credit card processing fees, returns and sales tax, if any.

(c) A "Qualified Purchase" will not include: (i) a purchase by a Referred Customer that is subject to a refund; (ii) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (iii) a purchase that FHI Heat suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; (iv) a purchase made by Affiliate through its own Affiliate Link; or (v) a purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.

(d) We reserve the right to withhold payment of Commission Fees to an Affiliate who has commissions that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.

(e) We reserve the right to suspend the payment of Commission Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable or cancelled purchases.

(f) We reserve the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a "Qualified Purchase".

(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Commission Fees to intentionally defraud FHI Heat or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

8. Accrual and Payment of Commission Fees
(a) As may be determined by FHI Heat at any time in its discretion, Commission Fees may not be rendered to Affiliate for amounts less than $50.00 USD (the "Commission Threshold"). In the event that FHI Heat determines to apply a Commission Threshold, any Commission Fees earned by Affiliate that are less than the Commission Threshold will carry over into the next payment cycle. In such case, when your Commission Fees' total reaches $50.00 or more, you will be sent a payment pursuant to the terms of this Section, provided all Qualified Purchases associated therewith meet the conditions set forth in this Agreement. For sake of clarity, once you have qualified for a payment pursuant to the terms of this section and payment has been rendered, you will not be entitled to future payment of any Commission Fees unless and until you have again reached or exceeded the Commission Threshold each time. If you have not reached or exceeded the Commission Threshold in any consecutive twelve (12) month period, the Commission Fees earned by Affiliate during such period will no longer carry over into the next payment cycle, no payment will be made thereon and any such Commission Fees will be forfeited and reset to zero.

(b) Commission Fees will be paid sixty (60) days from the order date of the Qualified Purchase associated therewith, except as otherwise provided in Section 8(a) above.

(c) Payment of Commission Fees will be made through PayPal or by Bank ACH, depending upon the method of payment you selected in your Program application. We are not responsible for paying any third-party fees charged by PayPal in order for you to receive your Commission Fees.

(d) We reserve the right, in our discretion, to change or modify the available commission payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the FHI Heat Pro Site.

(e) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third-party service or vendor.

(f) We do not make any guarantee of a minimum amount of Qualified Purchases or that Affiliate will earn any amount of Commission Fee under this Agreement.

9. Reports of Qualified Purchases
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Commission Fee, Affiliate must file a written report of such dispute with FHI Heat by email to affiliate@fhiheat.com within ten (10) days after the subject Commission Fee is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Commission Fee.

10. Policies and Pricing
Referred Customers who buy products through the Program will be deemed to be customers of FHI Heat. Accordingly, all FHI Heat Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the FHI Heat Site. We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display FHI Heat price information on Affiliate's Post. We will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular product.

11. Limited License for Use of FHI Heat logos/trademarks
We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the FHI Heat Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.

12. Ownership
As between Affiliate and FHI Heat, FHI Heat shall own all right, title and interest, including all Intellectual Property Rights, in and to the FHI Heat Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

13. License to Use of Posts and Affiliate's Image
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all medium, without limitation, additional compensation, notice, review or approval.

14. Responsibility for Affiliate's Social Platform
Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.

15. Indemnity
Affiliate shall defend, indemnify and hold FHI Heat and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Affiliate's breach of this Agreement or gross negligence.

16. Term and Termination
(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.

(b) FHI Heat expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.

(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links and Program-related content from Affiliate's Social Platform. Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by FHI Heat, Affiliate agrees to promptly remit such excess payment upon notification by FHI Heat. FHI Heat may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and Sections 12, 13, 15 and 18 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.

17. Modification
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the FHI Heat Site. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.

18. Independent Contractor Relationship
For purposes of this Agreement, Affiliate will not be considered an agent, employee or representative of FHI Heat and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Affiliate has no authority to act for or on behalf of FHI Heat or to bind FHI Heat in any legal contracts.

19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT FHI HEAT SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

20. DISCLAIMER OF WARRANTY
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. FHI HEAT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, FHI HEAT MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. FHI HEAT FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE FHI HEAT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.

21. Miscellaneous
(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliate's application, in the case of Affiliate, and the postal and/or email address, as applicable, set forth below for FHI Heat. This provision shall not apply to Section 17, "Modifications."

FHI Heat 
12840 Leyva St 
Norwalk, California 90650
Attn: Customer Service
Email:customerservice@fhiheat.com

(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.

22. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and FHI Heat agree to resolve any claims relating to these Terms through final and binding arbitration.   
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 19 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. 
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or FHI Heat must do the following:
1.	Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com;
2.	Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to your local JAMS office or to JAMS,555 West 5th St, 32nd Floor, Los Angeles, CA 90013; and 
3.	Send one copy of the "Demand for Arbitration" to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms shall be held in the United States in Los Angeles, California under California law without regard to its conflict of laws provisions. If traveling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and FHI Heat, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and FHI Heat in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. 
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at customerservice@fhiheat.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using any of the Websites. 
SMALL CLAIMS OPTION: You and FHI Heat agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS. (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. After receiving this notice, the JAMS will administratively close the case. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court 
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 18 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California.

23. Confidentiality
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, FHI Heat pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.

24. Entire Agreement
This Agreement incorporates all of the terms and conditions of the FHI Heat PRO Terms of Use including the Privacy Policy.  To the extant there is a conflict between the FHI Heat PRO Site’s Terms of Use and this Agreement, the terms of this Agreement shall control. If any portion of this Agreement is found invalid or unenforceable, that portion may be severed from the Agreement and shall not affect the validity of the remainder of the Agreement. This Agreement constitutes the entire agreement and understanding between you and us in connection with the Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).