Affiliate Program Agreement Moldherbs.com
Please read this entire agreement so you know and understand the program rules!
1. Moldherbs.com Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Moldherbs.com affiliate program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Moldherbs.com, and “you,” “your,” and “yours” refer to the affiliate.
Any of the terms and conditions within this Agreement can be modified at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures, and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you continue to participate in the program, it will be considered as acceptance of the changes.
To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed within a week of their submission, and applicants will be notified of the status of the application as soon as a decision is reached. We may reject your application at our sole discretion. We may cancel your application in its sole and absolute discretion if we determine that your site is unsuitable for our Program, including but not limited, if it:
3.1. Promotes sexually explicit materials
3.2. Promotes violence
3.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
3.4. Promotes illegal activities
3.5. Incorporates any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
3.6. Includes “Moldherbs” or variations or misspellings thereof in its domain name
3.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
3.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
3.9. 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 way that leads customers to believe you are Moldherbs.com or any other affiliated business.
4. Affiliate URL
You will be issued a special URL once you become an approved member of the Moldherbs.com Affiliate Program. The URL will be unique to you and you only, and will allow you to be paid for affiliate referrals.
5. Obligations of Affiliate
5.1. Moldherbs.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
5.2. 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.
5.3. 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 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.
6. Rights and Obligations of Moldherbs.com
6.1. 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. 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 Moldherbs.com Affiliate Program.
6.2. Moldherbs.com reserves the right to terminate this Agreement and your participation in the Moldherbs.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Moldherbs.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Moldherbs.com shall not be liable to you for any commissions for such fraudulent sales.
6.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Affiliates will receive 15% of the revenue as a commission on product orders, excluding shipping, placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product(s) ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
Payment will be made by PayPal, wire transfer, check or other instrument approved by Moldherbs.com provided to us when a member joins. Payment will be in United States dollars. It is the responsibility of the affiliate to notify the Affiliate Program manager of any change with respect to the payment arrangement to ensure proper payments. Moldherbs.com shall have a right to suspend and/or withhold any accrued but unpaid Commissions in the event of a breach of any provision of this Agreement by the Affiliate.
9. Order Fulfillment
Moldherbs.com will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Moldherbs.com products from other websites as a “reseller” and no “resale” rights are granted in any way. Affiliates are not authorized to sell any of products covered by the Affiliate Agreement on e-Bay or other auction sites. Affiliates are not authorized to give away any of products obtained via purchases on Moldherbs.com.
Customers who purchase products and services through the Moldherbs.com Affiliate Program will be deemed to be customers of Moldherbs.com. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Moldherbs.com apolicies will always determine the price paid by the customer.
10. Permitted Usage
The following are permitted uses of the Moldherbs.com marketing resources
- Affiliates are permitted to use the graphical banners and design resources located at http://www.Moldherbs.com/affiliates/. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at affiliate@Moldherbs.com and request a new banner graphic be added to the available resources.
11. Prohibited Usage
The following cases are prohibited and are grounds for immediate termination of the affiliate account.
- Affiliates MAY NOT use the Moldherbs.com logo, logo marks or other Moldherbs.com website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Moldherbs.com.
- Affiliates MAY NOT use the term “Moldherbs.com” in any variation in their site URL.
- Affiliates MAY NOT promote coupons that were not provided to them personally by Moldherbs.com. If you want to promote a coupon, you shall contact us and we will make a reasonable effort to work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
Besides the above-mentioned prohibited usage,
12. Grant of Licenses
12.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Moldherbs.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Moldherbs.com and the good will associated therewith will inure to the sole benefit of Moldherbs.com.
12.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that 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.
Affiliate agrees that Affiliate shall not, during the Term and for a period of five years thereafter, directly or indirectly (whether as principal, agent, consultant, proprietor, creditor, stockholder, director, officer or employee), in any jurisdiction in which Moldherbs.com has clients, perform services for, or engage in, any business that develops or sells products or services that are directly competitive with those provided by Moldherbs.com. Affiliate acknowledges and agrees that it is reasonable to prohibit Affiliate from competing with Moldherbs.com in the manner set forth above.
14. Moldherbs.com Anti-Spam Policy
Moldherbs.com strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Moldherbs.com, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the Moldherbs.com Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Moldherbs.com discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at affiliate@Moldherbs.com.
15. Relationship of Parties
Affiliates are independent contractors, and this Agreement shall not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
16. Term and Termination
The term of this Agreement will begin when we accept the application and will end when terminated by either party. Either Moldherbs.com or the affiliate may terminate 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 any other forms of electronic transfer of information designated by Moldherbs.com . Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Moldherbs.com websites, and all Moldherbs.com trademarks and logos, other Moldherbs.com marks and all other materials provided in connection with this program.
17. Limitation of Liability
Moldherbs.com will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Moldherbs.com will not be liable for the consequences of any interruptions or errors.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Moldherbs.com Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
I have read and understood the agreement and wish to participate in the program. That can go under the lawyer’s part and before the registration.
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The products on this site were discovered during the site owner's own struggle to recover from serious mold exposure.
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