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Abundant Earth
Affiliate �Rewards� Program Contract
This Contract contains all the terms and conditions that apply to your participation in
the Abundant Earth�s Affiliate Rewards Program (hereafter �Rewards Program�). This Contract is made by and between Abundant Earth and you and/or the entity you
represent. This contract is subject to Abundant Earth�s acceptance after we have received and evaluated your completed application form and web site.
Throughout this Contract, "we" and �our� refers to Abundant Earth, LLC, and "you" refers to you, the applicant.
Our Criteria for Selecting Web Site Affiliates:
Abundant Earth is looking for exceptional web sites that present an established and
professional web atmosphere, as well as an environmentally sensitive or environmentally related theme or subject matter. We are also looking for sites with an
emphasis on alternative health issues, children, families and community issues. We generally do not accept �anything goes� malls into our program.
To apply for consideration, please submit an Application for Abundant Earth�s Affiliate Rewards Program. Be sure to read this contract thoroughly before sending your application.
After receiving your application, Abundant Earth will review your request and notify you of your acceptance or rejection. Abundant Earth may reject your request for any
number of reasons including, but not limited to:
- Your application is incomplete.
- Your web site negatively discriminates based on gender, sexual orientation, race, ethnicity, disability, nationality or age.
- Your web site contains violence or sexually exploitative materials.
- Your web sites violates intellectual property rights, and/or encourages or promotes illegal activities.
- Your web site is deemed unprofessional or antithetical to our cause or agenda.
- We have met our goals for the number of sites we admit in any given month.
If your application is rejected, please feel free to reapply at any time.
Compensating You for Your Wonderful Efforts:
Abundant Earth will pay you referral fees on product sales to third parties. For a
product sale to generate a referral fee, the customer must follow a special link (in the format specified by Abundant Earth) from your site to our site, purchase the product
using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us.
As long as we are tracking your customer through the uses of cookies, we will also pay referral fees on any products that are added to a customer's Shopping Cart after the
customer has entered or re-entered the site (other than through a special link from your site), within 45 days of that person first entering our site through a special link from your site.
Products eligible for referral fees will be referred to as �Qualifying Products� hereafter.
Additional Limitations and Exceptions to Referral Fees:
All of our products are subject to referral fees with just a few minor exceptions.
The following products and services do not generate referral fees.
- Purchase of Gift Certificates
- Redemption of Gift Certificates
- Any products sold through our subscription program.
- Any third party products offered through Abundant Earth�s affiliation with another company where Abundant Earth receives a commission for the sale of the products.
- Any products purchased by our Vendors or employees of our Vendors.
How We Calculate Your Referral Fees and How We Pay You:
You will earn referral fees based on the sale price of all Qualifying Products as defined
above. "Sale price" means the sale price listed in our catalog, and excludes costs for shipping, handling, and taxes.
Abundant Earth is currently paying 8.5% (eight-and-a-half percent) of the selling price for the sale of any product purchased on our web site, using our automated web-based
ordering system. The products in question must be added to the customer's Shopping Cart directly from the page that results from following the a link to our home page, or the individually linked page/product.
Abundant Earth, through Commission Junction, will issue checks on a regular basis, generally equalling every 30 to 45 days. If the fees payable to you for any pay period
are less than $25.00, those fees will be held until the total amount due is at least $25.00 or (if earlier) until this Contract is terminated. If a product that generated a referral fee is
returned by the customer, 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.
*You are responsible for all your tax obligations as an independent contractor with Abundant Earth. Abundant Earth does not withhold any city, county, state, or federal
taxes from your referral fees. We will not be held accountable for payment of your taxes. You are not an employee of Abundant Earth, and you may not represent yourself as such.
Abundant Earth may, from time to time, offer additional bonuses for a variety of reasons to be determined at a later time.
Establishing Links to Our Site:
We encourage you to feature product pictures, product information, and most
importantly, the banner we provide in order to generate links to our site. In fact, a great way to increase sales is to select one or more Abundant Earth products to feature on
your site. Each product requires a description or review to accompany the linking icon on your site. You will be responsible for the wording and maintenance of this content.
Abundant Earth requests you withhold any price information from any product information published on your site, as our prices are updated regularly, and the
information you have may be quickly outdated. We are not responsible for honoring any incorrectly displayed prices on your web site.
We will provide you with banner artwork and guidelines for implementing the links described above.
If you are linking directly to specific products or product categories, please note that Abundant Earth makes no express or implied warranty that we will have in stock any
particular product at any given time. Please check Abundant Earth frequently for both new and discontinued products.
Order Processing and Tracking:
Abundant Earth will process product orders placed by customers who follow special
links from your site to the Abundant Earth site. We reserve the right to reject orders that do not meet with any requirements that we may establish. 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 from your site to our site and will
send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking,
reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
SPECIAL NOTE ABOUT RECEIPT ESTIMATES:
When a referral customer completes a purchase on our web site, you will receive an
abbreviated summary of the transaction by e-mail or by report through Commission Junction. These receipts and/or reports are considered to be reliable and good faith estimates
. We provide them to you as a courtesy. They may include the customer�s total purchase of all products from the Abundant Earth web site. Some of these
products may not be commision-able such as gift certificates. Likewise, a customer will sometimes cancel an order or submit credit card information that cannot be
processed. Please be aware that the totals we use to figure your commission may be lower or higher than that from summary you receive.
Policies and Pricing:
Customers who buy products through this Program will be deemed to be customers of
Abundant Earth. Accordingly, all Abundant Earth 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 you
already have listed on your site, you may not include price information in your product descriptions.
SPECIAL NOTE ABOUT OUR PRIVACY POLICY:
Abundant Earth deeply appreciates the efforts of our affiliates. We present the
following information simply to covey a very important message to all our affiliates. We know that you will understand and embrace the tenor of our message.
Abundant Earth has a very strict PRIVACY POLICY which we expect our affiliates to honor. Any customer information received by an affiliate of Abundant Earth, regarding
an Abundant Earth sale is strictly for informational purposes only. The name of the customer, their email address, the amount of the sale, and any other information
provided to you, as an affiliate, is strictly for documentation/tracking purposes only. This information is not to be shared, traded, sold, or compromised in any other way.
Any violation of this policy violates the privacy of the information supplied by our customers, and will result in the immediate termination our contract with your organization.
We extend open arms to you, and ask you to embrace this policy as your own. Any breach of faith between the customer, Abundant Earth, and an affiliate site is
unfortunate for all of us, because in the end, we all lose. The customer who feels their privacy has been violated will neither return to your web site, nor Abundant Earth's
web site, and will forever more be distrustful of sharing personal and private information via the Internet.
Let's us all work together to shake the stigma that privacy can not be maintained on the Internet. Join us in respecting the privacy of our customers.
Limited License:
We grant you a nonexclusive, revocable right to use Abundant Earth icons, logos and
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. You may
not modify the icon, the message, or any of our images in any way. We reserve all rights to the icon, the message, any other images, our trade names and trademarks, and
all other intellectual property rights. We may revoke your rights under this Contract at any time by giving you written notice by mail or e-mail.
Responsibility for Maintaining Your Site:
You will be solely responsible for the development, operation, and maintenance of
your site and for all materials that appear on your site. For example, you will be solely responsible for:
- the technical operation of your site and all related equipment
- creating and posting product descriptions on your site and linking those descriptions to our web site
- the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
- ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights)
- ensuring that materials posted on your site are not libelous or otherwise illegal (as described above)
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Marketing Your Site:
Affiliates may promote their site in many exciting ways including setting up links,
banners, classified ads, newsletter promotion, and more. If your site is promoted using any form of unsolicited e-mail or SPAM, Abundant Earth will immediately revoke this
contract and your account will be terminated. We will not tolerate SPAMing and, in our humble opinion, neither should you.
Terms of the Contract:
The terms of this Contract will begin after we receive, review, and approve your
Program application. You will be notified if we approve of your Program application. The terms of this Contract will end when terminated by either party. Either you or we
may terminate this Contract 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
Qualifying 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.
Modification:
Abundant Earth reserves the right to modify any of the terms and conditions
contained in this Contract, at any time and in our sole discretion, by posting a change notice or a new Contract on our web site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. If we Abundant Earth post new rules, you continued presence in the
program will constitute your acceptance of these rules.
Disclaimers:
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.
Nothing in this agreement implies or creates any partnership, joint venture, franchise, sales representative or employee relationship with you. Our relationship is that of
contractor (we) and independent contractor (you).
Disputes:
LEGAL: This contract is subject to the laws of the United States of America and the
State of Washington. By accepting the contract, you agree to settle all disputes by Arbitration in the State of Washington.
LAYMAN: If you have a dispute with us, just take a breath, and count to ten. Write
down your thoughts, and then e-mail them to us or call us. Before you pounce on us for ripping you off, just visualize for a moment a cute little happy puppy. Yeah, that�s
us with the big ears, tongue hanging out of the mouth, and tail wagging away. We may have pooped on your carpet, and chewed a hole through your door, but it wasn�t on
purpose. We may have made a mistake. Let�s talk, and figure it out together. Sure, we want you to be happy, but more than than that, we want to be fair, honest and
honorable. If we make a mistake, we�ll admit it and fix it. Remember; Together We are Making a Difference!
Acceptance:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. 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 CONTRACT.
By clicking the �YES! I Accept� button below, you indicate
your full and complete acceptance of this contract.
Quick links to Rewards Program Pages:
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