PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY WISH TO PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SACRED SOURCE BOTANICALS LLC.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate in Sacred Source Botanicals’ Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site or social media account and the e-commerce website of Sacred Source Botanicals LLC and to regulate the commission payments on customer sales generated by these links. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Sacred Source Botanicals LLC, and “you,” “your,” and “yours” refer to the Affiliate.
“Sacred Source Botanicals LLC“ is a US registered LLC Company. Registered Office: Sacred Source Botanicals LLC, Box 435, Stinson Beach, California, 94970, United States.
“Affiliate” means an individual or other entity who has been accepted on to the Marketing Affiliate Program.
“Marketing Affiliate Program” or “Affiliate Program” means our marketing affiliate program as described in this Agreement.
“Affiliate Agreement” is this document and all materials pertaining or appending to it.
“Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via Post Affiliate Pro platform.
“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
“Affiliate Policies” means the policies applicable to Affiliates which we may make available to you from time to time.
“Commission” means an amount described in the Affiliate Acceptance Notification – calculated as a percentage of each Customer Transaction and as updated from time-to-time via email.
“Customer Transaction” An order placed, paid for and delivered to a customer who has come to one of our e-commerce platforms via an Affiliate Link.
Affiliate Acceptance Notification is an email which will be sent to the individual or entity applying to be enrolled on our Marketing Affiliate Program, to the email address supplied as part of the application. The Affiliate Agreement is live and these terms are fully enforceable at the point that the Affiliate Acceptance Notification is sent.
“Customer” means the authorized actual user of the Sacred Source Botanicals Products who has purchased the Sacred Source Botanicals products after being an Affiliate Lead.
“Customer Data” means all information that a Customer submits or collects via our websites and all materials that Customer provides or posts, uploads, inputs or otherwise submits for public display through the our websites or social media interaction.
” Sacred Source Botanicals Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we may incorporate into our services.
“Sacred Source Botanicals Products” means all products offered via our website www.SacredSourceBotanicals.com.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
4.1 Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not.
4.2 Before we approve an application, we may want to review your application with you, so we may reach out to you for more information. At our sole discretion we may require that you complete certain requirements or certification(s) before we accept your application.
4.3 If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.
4.4 The affiliate is solely responsible for any costs associated with complying with any enrolment requirements or certification(s) whether their application is ultimately successful or not and if there account is terminated for any reason.
4.5 If you are accepted to participate in the Affiliate Program then, upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Further, you will need to complete any enrolment criteria set out in the Affiliate Acceptance Notification, if applicable. Failure to complete any enrolment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.
4.6 You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.
5.1. To begin the enrollment process, you will complete and submit the online application at sacredsourcebotanicals.com. Upon reviewing your application, we will approve or reject your application. We may re-evaluate your application at any time.
5.2 We may reject your application at our sole discretion. We may reject your application if we determine that your site is unsuitable for our Program – including, but not limited to – if it:
5.3 You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are SacredSourceBotanicals.com.
5.4 As a member of Sacred Source Botanicals’ Affiliate Program, you will have access to our affiliate account. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
5.5 Affiliates are entirely responsible for making sure that any links and tagged banners placed on their site are working properly. Improperly installed links may cause a loss of commission.
5.6 Individual Affiliate accounts may not be merged or joined.
5.7 Commission payments accrued in Affiliate accounts are non transferable between Affiliates
5.8 In the event of the sale of a company or entity that holds an Affiliate Account we reserve the right to ask that the application to participate in the Affiliate Program be done again. There is no automatic acceptance.
5.8 All banner artworks are, and will remain, the exclusive property of Sacred Source Botanicals LLC. You may not modify them without permission. Sacred Source Botanicals reserves the right to update or withdraw any of its banners from use. Permission to use any banner is at the sole discretion of Sacred Source Botanicals, permission to use any all material may be withdrawn at any time but is specifically withdrawn if an Affiliate Account is terminated for any reason.
5.9. Sacred Source Botanicals reserves the right, at any time, to review your placement and approve or disapprove the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.
5.10. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
5.1. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
5.12 You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the disqualification of commission and/or the termination of this Agreement.
6.1 Permission to store and process Affiliate data is an explicit part of the enrolment process.
6.2. What data we collect and store While you visit our site, we’ll track.
6.2. (a) Visits to the store: we’ll use this to generate statistics for affiliates and administrators.
6.2. (b) Location, IP address and browser type: we’ll use this just for statistics, and to let administrators supervise traffic generated by affiliates.
6.2. (c) Affiliate’s name, username, email address: we’ll use this information to register and keep track of affiliates.
6.3. Who on our team has access to your data
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
6.3. (a) Affiliate’s personal details.
6.3.(b) System-generated commissions.
6.3.(c) Payments sent to the affiliates.
6.3.(d) Visits and sales generated through referral links.
Our team members have access to this information to correctly manage the affiliation system, and perform required actions in order to prevent customers from any inappropriate usage of the affiliate program.
6.4. What data we share with others
6.4.1. We send payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the commission total and payment information.
6.4.2. Sacred Source Botanicals LLC will not pass Affiliate data to any third party unless required to by law.
7.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we, at our sole discretion, feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.
7.2. Sacred Source Botanicals LLC reserves the right to terminate this Agreement and your participation in the Merchant.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected Sacred Source Botanicals LLC shall not be liable to you for any commissions for such fraudulent sales.
7.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
8.1 Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
8.2 Payment of commission requires the Affiliate to have an active Affiliate profile in good standing when payment is due – termination by any party will result in the loss of any unpaid commission.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Sacred Source Botanicals Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Sacred Source Botanicals Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
10.1 For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to a Product Site and buy the product.
10.2 The commission structure is subject to review and change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.
10.3 We reserve the right to disqualify, at our sole discretion, commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods and/or terminate membership of the Affiliate Program.
10.4 In order to control cost and administration time Sacred Source Botanicals LLC operates a payment threshold. This is currently $100 and we reserve the right to review this in the future. Payments to an Affiliate only begin once you’ve earned more than $100 in affiliate income. If your affiliate account never crosses the $100 threshold, your commissions will not be realized or paid.
10.5 We are only responsible for paying Affiliate accounts that have crossed the $100 threshold on the regular due date for that account.
10.6 As long as your accrued affiliate earnings are over $100 on the due date, you will be paid via Paypal. For amounts over $1000 you may request an international bank transfer. Due to the cost of international bank transfers this option is not available for balances below $1000.
10.7 Payments will only be made, subject to the payment threshold, to Affiliates who have an active account in good standing at the time the payment is due.
10.8 Payments are made via PayPal to the email address registered on your affiliate account at the time the payment is due.
10.9 Affiliates are entirely responsible for the accuracy and validity of their payment information. If information is wrong or incomplete so that payment cannot be completed payment will not be attempted again until the next due date. If information is wrong or incomplete so that payment is held to have been made to the wrong party this is the responsibility of the Affiliate.
11.1. You are free to promote your own websites, but naturally any promotion that mentions the Sacred Source Botanicals brand could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Sacred Source Botanicals as a condition of membership on the Affiliate program
11.2 We reserve the right to review emerging trends and methodologies in advertising and to add to the list of techniques or activities prohibited under this agreement, at our sole discretion.
11.3 Advertising commonly referred to as “spamming” is unacceptable to us as it could cause damage to our name by association.
11.4 Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
11.5 You may use mailings to customers to promote Sacred Source Botanicals products so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings.
11.6 You may post to newsgroups to promote Sacred Source Botanicals products so long as the news group specifically welcomes commercial messages.
11.7 At all times, you must clearly represent yourself and your websites as independent from the Sacred Source Botanicals brand.
11.8 If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Sacred Source Botanicals Affiliate Program.
11.9. Affiliates that exclusively bid in their Pay-Per-Click campaigns on keywords directly related to the Sacred Source Botanicals domain, and/or any misspellings or similar alterations of it—be it separately or in combination with other keywords—and do not direct the traffic from such campaigns to their own website prior to redirecting it to ours, will be considered trademark violators and will be banned from the Affiliate Program.
We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice and on the first occurrence of such PPC bidding behavior.
11.10. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true and these are valid leads (i.e., sincerely interested in Sacred Source Botanicals products).
11.11. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited the Sacred Source Botanicals site (i.e., no page from our sites or branding is visible on the end user’s screen).
As used herein “Parasiteware™” and “Parasitic Marketing” shall mean an application that.
11.11 (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email.
11.11 (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing, Yahoo and similar search or directory engines).
11.11 (c) Set commission tracking cookies through loading of an Sacred Source Botanicals site in IFrames, hidden links, and automatic pop ups that open Sacred Source Botanicals sites.
11.11 (d) Targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing.
11.11 (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.
11.12. Affiliates that are found to be cyber-squatting or typo-squatting on trademark-related domains will be immediately banned from the program.
13.1. We grant to you a non-exclusive, non-transferable, revocable right to
13.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
SACRED SOURCE BOTANICALS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SACRED SOURCE BOTANICALS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You represent and warrant that:
15.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
15.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
15.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SACRED SOURCE BOTANICALS CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Sacred Source Botanicals LLC, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
19.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Sacred Source Botanicals LLC. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other Site or otherwise, that reasonably would contradict anything in this Section.
19.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
19.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
19.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
19.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
19.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
19.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.