Herbal Affiliate Program
Affiliate Terms & Agreements
LearningHerbs.com Affiliate Program Terms and Agreements
This general agreement is made out to you (the affiliate) from LearningHerbs.com. It contains the complete terms and agreements of the affiliate program. Please Note: "we", "us", and "our" refers to LearningHerbs.com and "you", "yours", "your" refers to the applicant. The term of this agreement will begin once you are accepted into the LearningHerbs.com affiliate program and will end upon notice of termination from either you or LearningHerbs.com.
Rights and Restrictions
1. We reserve the right to accept or reject any affiliate we review. All new affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an affiliate we will notify you by e-mail within this 24-48 hour time frame. LearningHerbs.com will exercise their own discretion during the decision making process and may decide to decline any application we see necessary.
Cancellation
2. The affiliate account may be cancelled by LearningHerbs.com at any time for any reason we feel appropriate. This is usually the result of slander, mis-representation made to us, spam e mail used to promote the affiliate, posting LearningHerbs.com links on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring LearningHerbs.com disrepute, etc. An issued warning letter in the form of e-mail, fax or letter will be sent first. If no reparations have been made, then the affiliates account with LearningHerbs.com will be terminated. 2.2 All affiliates may cancel their account with LearningHerbs.com at any time and for any reason.
Access to Account Management Services
3. Immediately after your acceptance into the LearningHerbs.com affiliate program you will be e mailed links, passwords and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters. We suggest you keep these invaluable links in a safe place and in a place that is easily accessible by you. If for any reason you lose this information we will be able to re-send it to you.
Use of Graphics and Links and Limitations of Use
4.1 Only html code and approved linking information is to be used for the affiliates website. Failure to do so will result in misappropriated commissions. All of the links, graphics, and account management information will be provided to the affiliate after their acceptance into the program. In no way is the affiliate to use graphics or links not approved by LearningHerbs.com.
4.2 Once a viewer clicks on an affiliate link and places an order with LearningHerbs.com that viewer becomes the sole customer of LearningHerbs.com. The affiliate will not have access to the customers account information, contact information, and will not be allowed communicate with customer in regards to their order/s placed with LearningHerbs.com. LearningHerbs.com is responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer.
4.3 This agreement does not constitute a joint venture, partnership, franchise, or other representative business of LearningHerbs.com. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by LearningHerbs.com.
4.4 LearningHerbs.com may at any time refuse any particular link, text or referring graphic used to forward a viewer to the LearningHerbs.com website. Only approved links, banners, graphics and text may be used.
4.5 The use of LearningHerbs.com affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, e mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, etc. LearningHerbs.com holds sole discretion on what is termed as "inappropriate use" and may at any time close an account if we are given information on inappropriate use.
International Affiliates
5. We welcome affiliates from the international community but payouts to international affiliates from LearningHerbs.com will be made with a c ompany check drawn in US funds. There are NO exceptions. If you are unable to accept a US drawn check made payable with US funds then we will be unable to pay you the commission earned and your account will be terminated.
Payment
6. Monthly payouts will be made for all commissions earned. All monthly commission payouts will be made during the first week of every month. EXAMPLE: For commissions earned in January, we will send payment the first week in February. There is a $25 minimum amount required for payout.
6.2 The commission to the affiliates is based on 12% of the subtotal for each order. You will not receive a commission on shipping charges.
6.3 Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customers credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
Fraudulent Orders and Orders Outstanding
7. It is possible that we may receive an order that is ill legitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the 12%. If this is to occur you will be notified immediately.
7.2 LearningHerbs.com reserves the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to.
Grant of License and Restricted Use
8. LearningHerbs.com grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the LearningHerbs.com website.
8.1 LearningHerbs.com holds sole editorial discretion on how links are worded, or described on the affiliates site. LearningHerbs.com is not responsible for the creation of the links, which may be posted on your site and will only be involved surrounding editorial review. You also agree to fully cooperate to work with LearningHerbs.com to maintain and manage links.
8.2 All content on the affiliates website including links, banners, text, etc, leading to any or all content within the LearningHerbs.com website is the sole responsibility of the affiliate.
8.3 If LearningHerbs.com believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
IRS Responsibilities
9. Once an affiliate has accrued over $450.00 dollars in commission payouts we must request and receive the social security number of the affiliate who is receiving payments from LearningHerbs.com. The IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a "contractor" this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.
Changes To This Agreement
10. LearningHerbs.com may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.
Privacy
11. Your privacy is a major concern for LearningHerbs.com. We will not sell, disperse, trade or otherwise decimate your account information to any organization outside of LearningHerbs.com.
Warranty
12. LearningHerbs.com does not make any guarantees on the ability of the affiliate programs ability to generate income for the affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.
Limitations of Liability
14. 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 WELLNESSWALLCHARTS.COM CUMULATE 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.
Indemnification. You agree to indemnify and hold harmless LearningHerbs.com and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against LearningHerbs.com based on or arising from any claim (i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or (ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by LearningHerbs.com in connection with or arising from any such claim, suit, action, or proceeding.
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