May not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
May not incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
May not include "GreenEssenceLiving" or variations or misspellings thereof in its domain name.
In any way be unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us at our sole discretion.
May not purchase or bid for placement of any of GreenEssenceLiving's trademarked company names and any variation of our trademarked names, service marks or copyrighted terms and logo.
May not utilize Pop-Up, Pop-Under, or automatic Redirects to link to our site. Any method that automatically plants an affiliate cookie is strictly prohibited. Any method that automatically redirects the customer to GreenEssenceLiving website by execution of an affiliate link is in violation of the Affiliate Program Agreement. The customer must click on a GreenEssenceLiving.com affiliate link to set the affiliate cookie.
Vendors and employees of GreenEssenceLiving.com (and any associated company) are not eligible to become Affiliates without advanced written permission.
Resellers may not purchase products under this program and are not eligible to become Affiliates.
Residents in Alaska and Hawaii are ineligible to participate in the program. In addition, if at any time following your enrollment in the Program you become a resident Alaska and Hawaii, you will become ineligible to participate in the Program, and this Operating Agreement will automatically terminate, on the date you establish residency in that state. In addition, you must promptly notify us in writing of your Alaska and Hawaii residency.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
Affiliates who are terminated from the Program are forbidden to reapply at any time in the future. Any such attempts to do so will result in commissions not being issued.
We grant you a revocable, non-exclusive, US continental 48 states with the exclusion of Alaska and Hawaii , royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to our site, to establish and maintain lists, links and search boxes.
Product Links: You may promote products in the GreenEssenceLiving product offering. It is the responsibility of the affiliate partner to ensure these links are up to date at all times. Offers may be withdrawn at any time.
Gift certificate purchases are not eligible for commission via the affiliate program.
You may provide a general link on your site to our home page. We will provide you with guidelines and graphical artwork to use in linking to the GreenEssenceLiving home page.
Neither you, nor any person or entity acting on your behalf, shall engage in any solicitation activity on behalf of GreenEssenceLiving other than by the maintenance of one or more links from your site to the GreenEssenceLiving site as authorized by this Agreement. Such prohibited additional solicitation activities include, but are not limited to, the distribution of flyers, coupons, and other printed promotional materials; circulation of printed and electronic newsletters; initiation of telephone calls; and sending emails; any of which mention GreenEssenceLiving or refer to the presence of a GreenEssenceLiving link on your site.
We will process Product orders placed by customers who follow Special Links from your site to the GreenEssenceLiving.com site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing. Among other things, we will prepare order forms; process payments, cancellations and returns; and handle customer service. Affiliatly will track sales made to customers who purchase Products using Special Links from your site to our site and will provide you reports summarizing sales activity. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and our site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and our site are not properly formatted.
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 the GreenEssenceLiving catalogue using Special Links and special link formats provided to you; 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 breach 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 defamatory or illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your site.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. We may terminate this Agreement at any time, with or without cause, by giving you seven (7) days’ written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to our site from your site.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by creating a new Program Term with a new agreement attached. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program by accepting the new Program Term with the new agreement will constitute binding acceptance of the change.
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 or our respective affiliates. You will have no authority to make or accept any offers or representations, guarantees or warranties on our or our affiliates' behalf, including with respect to our or our affiliates Products or services. You will not make any statement or representation, whether on your site or otherwise, that you are connected or affiliated with us or our site, other than for the purpose of referring users to our site as defined under this Agreement, or that otherwise reasonably would contradict anything in this Section.
Neither we, nor any of our affiliates, will 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, or any of our affiliates, have been advised of the possibility of such damages. Further, to the fullest extent permitted by law, our and our affiliates' collective 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 at the time the act or omission giving rise to the liability occurred.
To the fullest extent permitted by law, neither we nor any of our affiliates makes any 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), and the same are hereby excluded. In addition, neither we, nor any of our affiliates, make any representation that the operation of our site will be uninterrupted or error-free, or will not be re-routed or "black holed." As a result, we might temporarily be unable to capture information regarding Tagged Links. We will not be liable for the consequences of any such interruptions or errors.
This Agreement will be governed by the laws of the State of Maryland, without reference to rules governing choice of laws. You irrevocably consent to the jurisdiction of such courts. Any action relating to this Agreement must be brought in the federal or state courts located in Maryland and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.