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Thank you for your interest in the Herballuxuries.com Affiliate Referral Program. Please read the following agreement. and indicate your acceptance by clicking on “I Agree” above.
Herbal Luxuries Affiliate Referral Program Agreement
1. Enrollment
All Affiliate applications are subject to review. Acceptance into the Herballuxuries.com Affiliate Referral Program is granted at the sole discretion of Herbal Luxuries, Inc. Prohibited sites and messages include but are not limited to those that promote or engage in illegal activities, violence, hate, explicit content, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. Affiliates who violate these policies will be terminated from the program and will forfeit any accrued commissions.
2. The Affiliate Link
Once we have accepted your application you will receive an email with your Affiliate log-in and password which allows you access to the Affiliate section of our site. There you will be presented with a set of guidelines, graphical artwork and text links to use in linking to Herballuxuries.com products and website. To permit accurate tracking, reporting, and Affiliate referral fee accrual, we will provide you with a special link format which includes your Affiliate ID number to be used in all links between your site and the Herballuxuries.com website. You must ensure that each of the links between your site and our site properly utilizes the exact link format and Affiliate ID in order to obtain credit for any sales resulting from customers coming to the Herballuxuries.com website from your link. The Herballuxuries.com Affiliate Referral program will capture the Affiliate's ID and the linking websites URL. The URL must match a registered URL in the Affiliates Herballuxuries.com Affiliate registration in order to be credited for purchases made by shoppers entering the Herballuxuries.com web site from the Affiliate's Herballuxuries.com Affiliate link.
Linking options:
- Product Links: You may select one or more Products to list on your site. A "Product" is any product listed on our site. For each selected Product, you will display on your site a short description, review, or other reference. You will be responsible for the style and placement of these references. You will provide a Valid Referral Link (as defined above) from each Product reference on your site to the corresponding product URL on our site. Each such link will connect directly to a single item in our online catalog. You may add or delete Products (and related links) from your site at any time without our approval.
- Category Links: You may provide a link on your site to any of the categories (broad or focused) on our site.
- General Link to our Home Page or other sections of our site.
Herbal Luxuries Inc will not be liable to you with respect to any failure by you to correctly configure the Herballuxuries.com Affiliate link, by any failure resulting from issues of internet connectivity, shopper behavior, web site or application failure on your server or our server or any other such action which may result in your Affiliate referral not being credited for a sale including to the extent that such failure may result in any reduction of amount.
3. Affiliate Relationship
Under this Affiliate agreement, the Affiliate will promote Herballuxuries.com products by referring customers via links to the Herballuxuries.com website. In exchange for the effort, Herbal Luxuries Inc will pay the Affiliate a referral fee for qualified sales that result from the Affiliate link. Affiliates are independent contractors and the Affiliate relationship does not create a partnership, joint venture, agency, franchise, or employment relationship between Herbal Luxuries, Inc. The Affiliate has no authority to make or accept any offers or representations on behalf of Herbal Luxuries, Inc.
We have the right based on our sole discretion to monitor your site at any time to determine if you are in compliance with all the terms of this Agreement.
4. Responsibilities
Under this Affiliate agreement, Herbal Luxuries Inc is responsible for the processing and fulfillment of all customer orders received on the Herballuxuries.com website. We reserve the right to reject orders that do not comply with any requirements that Herbal Luxuries Inc may from time to time establish. Herbal Luxuries Inc assumes responsibility for all aspects of order processing and fulfillment. Herbal Luxuries Inc will prepare and maintain all order forms; process payments, cancellations; and handle customer service. Herbal Luxuries Inc will track sales made to customers who purchase products using Herballuxuries.com Affiliate links from your site to our site and will make available to you reports summarizing this sales activity. Report forms, content, and frequency of the reports may vary from time to time at our discretion.
The Affiliate is responsible for selecting and implementing properly formatted Affiliate links. If the Affiliate chooses to place the Affiliate links on their website, the Affiliate is solely responsible for the development, operation, and maintenance of the Affiliate website and for all materials that appear on the Affiliate website. Herbal Luxuries Inc disclaims all liability resulting from the Affiliate’s use of the Affiliate links. The Affiliate will indemnify and hold Herbal Luxuries Inc harmless from all claims, damages, and expenses (including, without limitation, attorneys and legal fees) relating to the development, operation, maintenance, and contents of the Affiliate website.
5. Publicity
Affiliates acknowledge and agree that their website information (name, URL, etc.) may be utilized by Herbal Luxuries Inc. Possible uses include but are not limited to lists of Affiliate sites, featured Affiliates, etc. Members agree to allow Herbal Luxuries Inc. to publish screen shots of any website that contains an Affiliate link to Herballuxuries.com.
Affiliates may not develop, create, distribute or implement any promotional materials regarding Herbal Luxuries Inc or products of Herbal Luxuries Inc without prior written permission. Further the Affiliate agrees they will immediately without delay cease from using any such material if Herbal Luxuries Inc notifies the Affiliate that it disapproves of the material. Failure of the Affiliate to remove the disapproved materials may result in immediate termination of this agreement (without limiting any other rights or remedies available to us) including but not limited to forfeit of accrued referral fees.
6. Anti-Spam Policy
Herballuxuries.com Affiliates may earn referral fees by promoting Herballuxuries.com products in opt-in newsletters and personal email messages. The promotion of Herballuxuries.com products in electronic mail messages sent to recipients whom the Affiliate does not personally know is not permitted unless the recipients specifically have opted-in to receive such messages. Prohibited messages include but are not limited to “spam” email messages, newsletters sent to a group in which some or all of the recipients have not specifically requested to receive the newsletter, newsgroup postings, chat group postings, forums, and “listserv” postings that deviate from the topic of discussion or that generate multiple complaints. Affiliates who are found to have violated this anti-spam policy will be terminated from the program and will forfeit all accrued commissions.
7. Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
8. Referral Fees
Herbal Luxuries Inc will pay Affiliates a 15% referral fee on orders that are generated as a result of a customer’s arrival at Herballuxuries.com using the Affiliate link containing the Affiliate’s ID number. For a product sale to be eligible for a referral fee, the customer must follow a Herballuxuries.com Affiliate Link from your site to our site, select and purchase any products during that shopping session, accept delivery of the products and remit full payment. Affiliates will earn commission for all products purchased during this session even if different from the link the customer followed. In addition we will pay referral fees on any products that are purchased by the same customer after the customer has re-entered our site via a means other than the Herballuxuries.com Affiliate Link for a period of 90 days or 3 months if the tracking cookie we place on the customer’s computer during their initial session is not otherwise removed. Herbal Luxuries Inc shall not be liable for referral fees if a referred customer makes a purchase within the timeframe above but has removed our tracking cookie from their computer resulting in our inability to credit sales to a particular Affiliate.
You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement.
You may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (b) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (c) 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; or (d) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. 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.
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Herballuxuries.com Affiliate Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Herballuxuries.com Links on your site to access our site); or (b) post any Herbal luxuries.com Affiliate Links on any Web site or other platform that is accessible through any Internet Access Appliance. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, or posted Herballuxuries.com Affiliate Links on any such Web site or platform, 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.
Shipping/handling charges, gift-wrapping, service charges, bad debt and taxes are not included in the sales total used to determined referral fees. Referral fees are not paid on customer returns or cancelled orders; the Affiliate’s account will be adjusted for all returns or cancelled orders. If a return or cancelled order occurs after payment of the corresponding referral fee, the amount will be deducted from the next payment. In case of no subsequent payment from which to deduct it, the Affiliate will be billed for the balance. The referral rate is subject to change upon notice provided via updates to this agreement.
9. Payment
Herbal Luxuries Inc will pay referral fees monthly for sales referred and shipped in the previous month. Payments will be issued on the 15th of the month following the end of each month to eligible Affiliates. If the payment date falls on a weekend or a holiday, the payment will be made on the next business day after the 15th. The payment currency is US dollars. If the Affiliate has accrued less than $25 in earnings, a payment will not be issued for that month and earnings will be carried over to the next month. All payments are made via PayPal and Affiliate will be notified of payments via the email address provided on the Affiliate application. It is the responsibility of the Affiliate to open a PayPal account and to keep this information up to date.
10. Program Duration
The term of this agreement will begin upon our acceptance of 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 Herbal Luxuries Inc 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 Herballuxuries.com Affiliate Referral Program. You are only eligible to earn referral fees on our sales of Qualifying Products occurring 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 withhold your final payment for a reasonable time to ensure that the correct amount is paid.
The Affiliate Referral Program will continue until further notice. Herbal Luxuries Inc reserves the right to discontinue this program at any time without advance notice. In case of program cancellation, Affiliates will be paid all accrued referral fees earned up to the date of program cancellation according to the normal payment schedule as stated above.
11. Inactive Accounts
Accounts that have not referred a sale for at least three months may be closed at the discretion of Herbal Luxuries Inc. If Herbal Luxuries Inc closes an Affiliate’s account, any accrued referral fees will be paid according to the normal payment schedule. If Herbal Luxuries Inc initiates the closing of an Affiliate account for reason of inactivity, the Affiliate must wait at least six months before becoming eligible to reapply to the program.
12. Withdrawal from the Program
Any Affiliate may withdraw from the program at any time. If the accrued fees are $25 or more, the Affiliate will be paid according to the normal payment schedule. If the accrued fees are less than $25, a $5.00 processing fee will be deducted from the payment, and if the resulting payment is zero or less after this deduction, the account balance will be set to zero and no payment will be issued. Affiliates who withdraw from the program will not be eligible to reapply to the program for six months after the date of withdrawal, unless specifically invited to reapply by Herbal Luxuries Inc.
13. Disclaimers
Herbal Luxuries Inc make no express or implied warranties or representations with respect to the Affiliate Referral Program or any products sold through the Affiliate Referral 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.
14. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of Herbal Luxuries Incorporated. Accordingly, all Herbal Luxuries Inc. 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 unless you have verified that information with us to reflect any current specials or sales. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
15. 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.
16. Limited License
Herbal Luxuries Inc grants the Affiliate a non-exclusive limited license, non-transferable, non-sub licensable, revocable right to use the Herballuxuries.com Affiliate images solely for the purpose of participating in the Herballuxuries.com Affiliate program. The Affiliate may not modify the images in any way. Herbal Luxuries Inc reserves the rights for all its images, trade names, trademarks, and all other intellectual property rights, and may revoke the Affiliate license at any time by providing written notice.
Except as provided in the Affiliate agreement, the Affiliate agrees that it has no rights, title or interest in or to the intellectual property of Herbal Luxuries Inc, and agrees not to apply for registration of any of the intellectual property anywhere around the world. The Affiliate agrees that it will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image or reputation of any trademark of Herbal Luxuries Inc.
17. Independent Investigation
THE AFFILIATE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. THE AFFILIATE UNDERSTANDS THAT HERBAL LUXURIES INC MAY AT ANY TIME SOLICIT CUSTOMER REFERRALS OR TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. THE AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
18. Modification
Herbal Luxuries Inc may modify any terms and conditions contained in this Agreement at any time and at its sole discretion by posting a change notice or a new agreement on the Herballuxuries.com website. Modifications may include but are not limited to changes in scope of the referral fees, rates of referral fees, payment procedures, and Affiliate program rules. The Affiliate’s continued participation in the Affiliate program following posting a notice of any changes in these terms and conditions will constitute a binding acceptance by Affiliate of such rules, changes, or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE ONLY RECOURSE AVAILABLE TO THE AFFILIATE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR A NEW AGREEMENT ON THE Herballuxuries.com SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
19. Miscellaneous
This Affiliate agreement will be governed by the laws of the United States and the State of Alabama. You may not assign this agreement, by operation of law or otherwise, without prior written consent. Any dispute relating in any way to this agreement shall be submitted to confidential arbitration in the State of Alabama. Arbitration under this agreement shall be conducted under the rules then prevailing of the American arbitration Association.
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