The Functional Fermenting Seminar
Web Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to your participation in the FunctionalFermenting.org Web Affiliate Program (the "Program"). As used in this Agreement, "we" means FunctionalFermenting.org and "you" means the applicant. By "site" and "website" we mean a World Wide Web site on the Internet, and refers to FunctionalFermenting.org or to any site from which you will link to our site (and which you identify in your Program Application).
Enrollment in the Program
Ensure that your site meets our general guidelines. We do not allow affiliate linking on sites that:
Enroll by creating an account (or log in) and click the "Become and Affiiate" link in the footer on this website, and complete the affiliate account information including your Tax ID (or SSN). This is required for payout of affiliate earnings. If you do not reside in the USA, please contact us.
Links on Your Site
After you have created an account, we will provide you with several tracking links to choose from and add to your site. (Located in My Account)
Popular options include:
We will provide you with guidelines in this Agreement.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site (“Special Links”). You must ensure that each of the links functions properly.
Qualifying orders must originate from a Special Link.
You will earn referral fees only if the order originates through Special Links; we will NOT be liable to you with respect to any failure to use Special Links, including such failure that may result in a reduction of amounts that would otherwise be paid to you.
You acknowledge that, by participating in the Program and placing any of the above links within your site, we may receive information from or about visitors to your site. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our use of such information, consistent with the policies and procedures set forth in FermentingSeminar.org’s Privacy Notice.
In addition, you acknowledge that we may monitor your site for the purpose of ensuring the quality and reliability of Special Links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.).
Further, you agree that you will; (a) not sell, redistribute, sub-license or transfer any FermentingSeminar.org content; and (b) promptly delete any content that is no longer displayed on the FermentingSeminar.org site or that we notify you is no longer available for your use.
Order Processing, Fulfillment, Reporting
We will process orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products using Special Links and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time and at our discretion.
We will pay you referral fees on qualifying product sales made on our Site; limitations listed below. For a sale to be eligible to earn a referral fee the customer must click-through a Special Link from your site to our site and complete their purchase within 30 days; however, a click-through from a Special Link on another affiliate site will replace your link record on their computer (cookie/cache). If a customer clears their cookies/cache and does not re-click your Special Link, then the affiliate link will be broken, and no referral fees will be tracked or paid.
Referral fees will not be paid on purchases through wholesale accounts, or on wholesale purchases made in any way, nor can they be retroactive to any prior purchases, or applied because of tracking interruptions as detailed above. We are dependent on Volusion, Inc. for tracking of purchases through affiliate links, and cannot make adjustments due to errors beyond our control. Under special circumstances, entirely and at our sole discretion, we may make an exception to this policy.
Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by us from time to time. Currently, referral fees are structured at 3% of purchase price.
You may not: (a) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (b) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (c) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or (d) seek to purchase or register any keywords, search terms or other identifiers that include the words FermentingSeminar.org or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each month, we will send you a check for the referral fees earned through the end of that month.
Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of FermentingSeminar.org. Accordingly, all FermentingSeminar.org rules, policies, and operating procedures concerning customer orders, customer service, product sales, and privacy 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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
We grant Affiliates a nonexclusive, revocable right to use the FermentingSeminar.org graphic images as they appear on the “Generate Banners” page, located in “My Account” as they are. Alteration, or use of any other images for linking and promotional purposes must be approved by us, and all linking must be used solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. Your use of any images used to represent us must meet with our approval, and we may revoke your license at any time by giving you written notice via email contact.
Responsibility for 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. This includes:
The technical operation of your site and all related equipment.
Creating and posting Product descriptions on your site and linking those descriptions to our catalog.
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.
Ensuring that you are not representing your site to be the FermentingSeminar.org site.
Ensuring that your emails are not appearing to represent an email originating from FermentingSeminar.org.
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.
Maintain active internet links that bring a minimum of two new customers within a six month period. Inactive Affiliates will be removed from the program and ineligible for future commissions.
Term of the Agreement
The term of this Agreement will begin upon your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all FermentingSeminar.org trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
You are eligible to earn referral fees only on our sales that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned.
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. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules.
Relationship of Parties
You and we are independent contractors, 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 or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
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.
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.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our providers shall be submitted to confidential arbitration in Anchorage, Alaska, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Alaska (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.
This Agreement will be governed by the laws of the United States and the state of Alaska, without reference to rules governing choice of laws. 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.
BY APPLYING TO THE AFFILIATE PROGRAM, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.