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PureBotanics
Affiliate Program Agreement
(Read full agreement. Link at the bottom to
apply)
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| This
Agreement contains the complete terms and conditions that apply
to an individual's or entity's participation in PureBotanic's
Affiliate Program. As used in this Agreement, "we"
means PureBotanics and "you" means the applicant.
"Site" means a World Wide Web site. To begin the process
of enrollment into our Affiliate Program you will need to read
the following agreement and then submit the application form.
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 (in our sole discretion) that your site is unsuitable
for the program. Unsuitable sites include but are not limited
to those that: promote sexually explicit materials, promote
violence, promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, age, promotion
of illegal activities or violate intellectual property laws.
If we reject your application, you are welcome to reapply to
the Program at any time. |
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Once
approved, we will e-mail you the following:
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1.
A Unique Affiliate Number.
2. A Unique Link to place on your web site.
You will need to install or upload the link or graphic banner
on your server. Without the express, written permission of PureBotanics,
you cannot modify scripts, graphics, HTML or any text of any
material that we provide to you. Modification of any such material
will be a direct violation of copyright and intellectual property
laws and will immediately terminate this agreement subject to
the terms outlined below. |
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Referral
Fees
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| We
will pay you a referral fee on sales of our HighBalance™
herbal formulas to third parties. For a product sale to generate
a referral fee, the customer must follow a special link (in
the format specified by PureBotanics) from your site to the
PureBotanic's order form. The customer must purchase the product
using our automated ordering system; accept delivery of the
product at the shipping destination; and remit full payment
to us. The Program is intended for commercial use only, and
you may not purchase products through the program for your own
use. Such purchases may result in the withholding of referral
fees or the termination of this Agreement or both. |
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Fee
Schedule
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will earn referral fees based on the sale price of products,
according to fee schedules to be established by us. "Sale
price" means the sale price listed at purebotanics.com
and excludes costs for shipping, handling, gift wrapping, and
taxes. If a discount is being offered on any purchased product,
your fee is based on the discounted price. If a customer orders
a product from PureBotanics using your web site as the referral
and then chooses additional products and or services by directly
contacting us, you will not earn a referral fee for the additional
products and or services provided to that customer. You are
paid only for products purchased through your links and with
your unique affiliate number. The current fee schedule is 20%
of the sale price. |
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Fee
Payment
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will pay your referral fees on a quarterly basis. Approximately
30 days following the end of each calendar quarter, we will
send you a check for the referral fees earned on products that
were shipped during that quarter, less any taxes that we are
required by law to withhold. If the customer returns a product
that generated a referral fee, we will deduct the corresponding
fee from your next quarterly payment. If there is no subsequent
payment, we will send you a bill for the fee. Unless otherwise
specified by you, we will link our entire line of products to
your site. |
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Policies
and Pricing
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| Customers
who buy products through this program will be deemed to be customers
of PureBotanics. All PureBotanic's rules, policies, and operating
procedures concerning customer orders, customer service, and
product sales will apply to those customers. We may change our
policies and operating procedures at any time. For example,
we will determine the prices to be charged for products sold
under this program in accordance with our own pricing policies.
Product prices and availability may vary from time to time.
Because price changes may affect products that have already
been listed on your site, you may not include price information
in your product descriptions. We will use commercially reasonable
efforts to present accurate information, but we cannot guarantee
the availability or price of any particular product. |
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Identifying
yourself as an Associate
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will make available to you a range of graphic banners that identifies
your site as a program participant. You must display this logo
or the phrase "re-seller for PureBotanics" somewhere
on your site. The logo phrase or alt tag should display the
following messages only: "In association with PureBotanic's
reseller's program" or "HighBalanceä herbal formulas
by PureBotanics." We grant you a nonexclusive, revocable
right to use the icon and message described in the sentence
above and such other images for which we grant express permission,
solely for the purpose of identifying your site as a Program
participant and to assist in generating product sales. |
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Responsibility
for Your Site
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| You
will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on
your site. This includes, but is not limited to, the technical
operation of your site and all related equipment creating the
accuracy and appropriateness of materials posted on your site,
as well as ensuring that materials posted on your site do not
violate or infringe upon the rights of any third party (including
copyrights, trademarks, privacy, or other personal or proprietary
rights), and ensuring that materials posted on your site are
not libelous or otherwise illegal. Technical aspects also include
the uploading and installation of the files that will be provided
to you for the purpose of this program. To be an affiliate you
must place the PureBotanic's banner or link on your web site.
We will process product orders placed by customers who follow
special links from your site to the PureBotanics site. We reserve
the right to reject orders that do not comply with our requirements.
We will be responsible for all aspects of order processing and
fulfillment. We will track sales made to customers who purchase
products using special links and affiliate identification from
your site to our site. |
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Limited
License
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granted express, written permission by PureBotanics, you may
NOT modify text, links, graphics, HTML scripting, prices, icons,
messages, text scripting, product description or any of our
images in any way whatsoever. Modification or alteration to
any of the material we provide to you will result in direct
violation of copyright and intellectual property laws and will
immediately terminate this agreement. Any income or referral
fees owed to you which were generated by using material which
was modified will be revoked and will not be paid. If you have
been found to modify any of the information, files, scripts,
HTML, orders, links etc. that were provided to you, we may withhold
any pending payments that are due to you. We reserve all of
our rights in any icons, messages, any other images, our trade
names and trademarks, and all other intellectual property rights.
We may revoke your license at any time by giving you written
notice. We disclaim all liability for these matters. Further,
you will indemnify and hold us harmless from all claims, damages,
and expenses (including, without limitation, costs and attorneys'
fees) relating to the development, operation, maintenance, and
contents of your site. We are not affiliated with your business,
product, service or information provided on your web site or
business conducted by you or your organization. |
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Terms
of the Agreement
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terms of this Agreement will begin upon our acceptance of your
program application and will end when terminated by either party.
Either party 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 of products occurring during the term, and fees earned
through the date of termination will remain payable only if
the related orders are not canceled or returned. We may withhold
your final payment for a reasonable time to ensure that the
correct amount is paid. 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 our site. 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. |
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Relationship
of Parties
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party is an independent contractor, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between the
parties. You will have no authority to make or accept any offers,
payments or representations on our behalf. You are prohibited
from making any statement, whether on your site or otherwise,
that would contradict anything in this Section. |
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Limitation
of Liability
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| 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 the 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
this Agreement. |
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Information
and Updates
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links off the Product Description Pages are kept on our server
and will be updated as we see fit. We cannot guarantee information
provided by us to be updated and accurate at all times. Errors
and emissions may occur. You cannot update information on any
of the material provided to you. |
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Disclaimers
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| We
make no express or implied warranties or representations with
respect to the program or any products sold through the program
(including, without limitation, warranties of fitness, merchantability,
non infringement, or any implied warranties arising out of a
course of performance, dealing, or trade usage). In addition,
we make no representation that the operation of our site will
be uninterrupted or error-free, and we will not be liable for
the consequences of any interruptions or errors. All information,
products and correspondence are taken at the customer's own
risk. PureBotanic's disclaimers found on our web page and information
cards apply to this agreement. |
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Independent
Investigation
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| 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 ON
TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT
OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. 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.
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Miscellaneous
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This
Agreement will be governed by the laws of the state of New
Mexico, without reference to rules governing choice of law.
Any action relating to this Agreement must be brought in the
federal or state courts located in Albuquerque, New Mexico,
USA and you irrevocably consent to the jurisdiction of such
courts. 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.
Join us! It's easy!
Apply
Today!
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