Country Bee Honey Farm is hereby referred to as “Owner”, applicant is hereby referred to as “Recipient”.
1. AFFILIATE PROGRAM REGISTRATION
To register for the Affiliate Program, the Recipient must complete and submit to the Owner an Affiliate Program Application Form. The Affiliate Program Application Form is included on the Owner’s website and can be completed and submitted through its website.
2. APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION
The Owner reserves the right to approve or reject any Affiliate Program Application in its sole and absolute discretion. The Recipient will have no legal recourse against the Owner for the rejection of the Recipient Affiliate Program Application
3. REASONS FOR REJECTION
Without limiting the right to reject any application for any reason whatsoever in the Owner’s absolute discretion, the Recipient application will be rejected if it is non complete, if the Recipients website contains images or content that is not acceptable to the Owner or is inconsistent with the image that the Owner wishes to create in association with its website, or if the Recipient’s site contains any material that appears to Owner to violate any patent, trademark, copyright or other property rights of any other party.
4. TERMINATION AFTER ACCEPTANCE
Even after the Owner has accepted the Recipient as an Affiliate Program member, the Owner reserves the absolute right to rescind or terminate the Recipient affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.
5. FINANICAL RESPONSIBILITIES
The Recipient will be fully responsible for all costs and expenses maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification and improvements to the Recipients website, costs of search engine placement and other internet marking, costs of inserting the Owner’s link into its website, offline marketing costs, postage costs and all other costs and expenses.
6. NO REPRESENTATIONS REGARDING INCOME POTENTIAL
The Owner makes no representations and warranties regarding potential income that may result from the participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Recipient affiliate status.
7. RESPONSIBILITY TO LINK TO THE OWNER’S SITE
a. As a Program Affiliate, the Recipient will have the obligations to place links on its site directing users to the Owner’s site. The Owner will make available to the Recipient button links, text links, and banner advertisements to be placed on the Recipient’s website which will direct users to Owner’s website via hypertext link. As a Program Affiliate, the Recipient is given a limited term license, during the term of the Recipient’s active participation as a Program Affiliate, to utilize the Owner’s logo images provided to the Recipient on the website that the Recipient designates in the Recipient Affiliate Program Application.
b. The Owner makes available to its Affiliates, links, banners, and other information advertising its site to be used subject to the terms of this Agreement. These materials will contain its trademarks and other proprietary property. The Recipient may display these materials on the Recipient’s website for the purpose of promoting the Owner’s site and participating in this Affiliate Program. If the Recipient discontinues the Affiliate Program or if the Recipient participation is terminated for any reason, the Recipient will immediately cease using these materials and will delete all such materials from its website and from its computer. The Recipient must obtain the Owner approval of all links to the Owner’s site that the Recipient place on its website. The Recipient will cooperate with the Owner in the establishment and placement of links on the Recipient’s website.
c. The Recipient will only be permitted to use the links that the Owner provides to the Recipient on the website that the Recipient designates in the Affiliate Program Application. Any additional websites or entities will require additional submissions of Affiliate Program Applications and approval by the Owner.
d. You may not place links to the Owner’s website or website content in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chat rooms, guest books, IRC channels or through similar internet resources.
8. ANTI-SPAM POLICY
The Owner strictly forbids the use of unsolicited commercial email (UCE) or SPAM campaigns. The Owner maintains a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate (Recipient) or similar agent acting on the Recipient’s behalf. As such, the Owner reserves the right to terminate any violating Recipient’s account or any part thereof, without notice or compensation.
9. CUSTOMER SERVICE
a. The Owner will be responsible for handling all customer inquires, product orders, customer billing and collection, product shipment relative to customers that enter the Owner’s site through the links from the Recipient’s site. Pricing of the Owner products and services is totally within its discretion and the Owner reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Recipient or users accessing the Owner’s site. The Owner’s only responsibility to the Recipient in this regard is to track customer orders that occur through links from the Recipient’s website and make reports to the Recipient of the commissions due to the Recipient as a result thereof. All such reports shall be un-audited. The Owner will have no obligation to provide the Recipient with any specific information relative to any customer, regardless of whether they access the Owner’s site through the link from the Recipient’s site.
b. The Owner is not responsible for the failure to assign any sale or commissions to the Recipient if the same results from the improper formatting of the link from the Recipient’s website. The Recipient should assure at all times that the link is appropriately formatted and report any problems that the Recipient may have with the same to the Owner immediately.
9. COMPENSATION
a. Commissions will be paid to the Recipient based upon a percentage of sales made to users who access the Owner’s site through the Recipient’s site. Commissions will be calculated based upon the gross sales price, but not including any shipping and handling, sales tax, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, and any other payment made to the Owner that is not the purchase price for the product that is purchased. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. The Owner reserve the right to deduct in subsequent months for any commission that the Owner paid that is for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.
b. The percentages to be paid as commissions hereunder are currently as set forth to be paid monthly. The Owner reserves the right to change and amend the commission rate structure at any time, in the Owner’s sole discretion.
c. Commissions will only be paid on sales that are tracked through the Owners online tracking system and indicate the Recipient’s website’s link as the source. There is no right to commissions if a user later returns to the Owner’s site and makes a purchase through another link or source other than through the Recipient’s website. The Recipient has no right to commissions based upon subsequent sales, even if the customer first arrived at the Owner’s site through the link from the Recipient’s site. Commissions will only be tracked and paid when the user makes a purchase using the link on the Recipients site at the time they are on the Recipients site.
d. The Owner will pay commission only upon collection by the Owner. The Recipient has no right to commissions until the applicable customer has paid the Owner in full. Only purchases that are made through the Owner’s online ordering process will count towards commission calculations. For example, if a customer visits the Owner’s website through the link from the Recipient’s website and instead of placing an online order calls and places an order via telephone, the Recipient will have no right to any commission from that sale.
e. Commissions will be paid to the Recipient on a monthly basis on or about the [DAY] of the subsequent month for amounts received by the Owner during the previous month. The Owner does not guarantee an exact date of calculation of commissions or payments.
10. CUSTOMERS’ PROVENANCE
All parties who make purchases through the Owner’s website, regardless of whether they may have reached its website through the link from the Recipient’s website, are deemed to be the Owner’s customers and not the Recipient’s customers relative to the Owner’s products and services. The Owner will have the right to contact these customers and send future marketing offers to them. The Recipient will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the Recipient’s website. Additionally, all such customers and purchases will be subject to the Owner’s policies, procedures, rules and regulations and the Recipient has no right or authority to amend or offer any different offers relative to the purchase of products from the Owner’s website. The Owner however, reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to the Owner’s business and sale of products at any time in its sole discretion. Recipient will be notified of any changes to the terms and conditions of the Affiliate Program.
11. TRADEMARKS AND COPYRIGHTS
a. The Recipient will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that the Owner provided to the Recipient for use solely on the home page that the Recipient designates in the Recipient Affiliate Program Application. The Recipient may only use the images that the Owner specifically makes available to the Owner Affiliate Members at the area of its website that is specifically designated as approved images for Affiliate Program Members.