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Affiliate Agreement Terms for Raw Living Spirulina, LLC
Submitting your application indicates you have read and agree to these Agreement Terms:
Once you are an approved affiliate, we will need a W-9 for you. Please fill out this form here: https://www.irs.gov/pub/irs-pdf/fw9.pdf and send the completed form to us by USPS mail or email.
By Email: info@rawlivingspirulina.com
By Mail:
Raw Living Spirulina, LLC
8840 Sea Oaks Way S.
Suite 107
Vero Beach, FL 32963
1. TERM OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your Web Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause and with or without notice. You are only eligible to earn referral fees on valid sales occurring during the term, while your account was in good standing. If your account is suspended for any reason, commissions will not be earned during the suspension period. If we suspect fraud or non-compliance with the following Terms, we reserve the right to suspend your account without notice.
2. MODIFICATION
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 this site. 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 FOLLOWING ANY CHANGES THAT ARE MADE OR THE INSERTION OF A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3. 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 to this Agreement.
4. INDEPENDENT INVESTIGATION
You acknowledge that you have read this agreement and agree to all its Terms and understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in the agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than set forth in this agreement.
5. MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Florida 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. 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.
6. COMMISSIONS & BANNERS
Commissions can be earned on retail purchases. Affiliates do not earn commissions on wholesale customer accounts or other affiliate accounts. Commissions cannot be paid on refunded, cancelled, fraudulent orders, or orders from clients who are already under other existing distributors. Commissions are also not paid on orders placed by the affiliate from their own affiliate link or second-tier links, (should we implement 2nd tier) (i.e. “self-orders”). Commissions cannot be earned during an account suspension. Raw Living Spirulina affiliate banners or links should not be placed on ad media sites such as AdEngage, AdsDaq, Adbrite and similar. Raw Living Spirulina affiliate banners are to be used on the website or social media sites you indicate in the “URL” field in your Personal Profile or included in the “How Will You Promote Us” text box (i.e. a website you own or your company owns, or your social media pages including G+, Facebook, and Twitter), or on a page you own and have authorization to control the content of (i.e. a social networking page, blog, or your e-newsletter, for example).
Commissions are only paid on products produced by Raw Living Spirulina which are purchased through the rawlivingspirulina.com website store.
7. ONLINE ADS, KEYWORDS, PAY PER CLICK ADVERTISING, AND DOMAIN NAMES INVOLVING RAW LIVING SPIRULINA’S PRODUCT NAMES, INGREDIENTS, TRADEMARKED NAMES, AND VARIATIONS THEREOF
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word(s) “Raw Living Spirulina”, product names, ingredients, trademarked names, certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Any affiliate doing this will be suspended and commissions will not be paid on this type of activity. If you have purchased or attempt to purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word(s) “Raw Living Spirulina”, “Living Spirulina”, product names, ingredients, trademarked names, certain variations and misspellings thereof, cease this activity immediately.
You may not, under any circumstances, purchase online ads via search engines or otherwise that show www.rawlivignspirulina.com as the url with your affiliate link behind it – this is impersonating our company and will result in account suspension. Online ads (i.e. Google Ads and similar) that clearly state your own url (see the following examples) are allowed as long as the viewer is clear that your url is the source of the ad, do not use “www.rawlivingspirulina.com” in the ad.
Here is an example of an ad that is in compliance with our Terms:
Raw Living Spirulina
100% Pure Fresh Living Spirulina
Here is an example of an ad that is in violation of our Terms (impersonating the company):
Raw Living Spirulina
www.rawlivingspirulina.com
Buy From The Source
Ads that are in violation are subject to flagging & removal by Google under the terms of their trademark infringement rules and may jeopardize your account standing with Google. Raw Living Spirulina is not liable for any action that Google or any similar search engine or ad platform decides to take against you or your account as a result of these violations, including but not limited to, Google account or similar platform termination.
8. USING CONTENT FROM RAWLIVINGSPIRULINA.COM
You may not “copy” the look of our site (design or code), replicate our site, or otherwise use the same or similar design and layout of our site as your own. Your site needs to clearly be identified by the viewer as being yours, the viewer should never have any confusion as to whether they are on the official Raw Living Spirulina corporate page. You can, however, link to any page on our website with your affiliate credentials added after the / in the URL (/?ref=xxx)
9. SALES TRACKING
By signing up to this program, Affiliates agree and understand that at this time, ONLY online sales to the USA will be tracked for commissions via this web affiliate program. This program currently uses a 90 day cookie and tracks / pays commissions at 10% on all Raw Living Spirulina brand products when ordered through an active affiliate link. The affiliate is responsible for using the proper affiliate URL’s as made available in the affiliate area. Re-orders must be placed while an active cookie is residing on the customers computer for such orders to qualify for commissions. Raw Living Spirulina will make incentive links available to affiliates to encourage customers to return to you first to place their orders with us.
Occasionally online purchases are made where the affiliate URL is not used, but the purchasing customer mentions an active affiliate. In such cases, we may make a manual entry for payment to the affiliate.
Some people clear their cookies or use “incognito” browsers that prevent affiliate tracking. Commissions on such sales are only payable at the discretion of Raw Living Spirulina, LLC, when other means of tracking is available.
10. SOCIAL MEDIA
By signing up to this program, you agree to read and follow our Raw Living Spirulina Social Media Guidelines shown here
Any violation or non-compliance to these Terms may result in account suspension, possible account termination, or other action deemed appropriate by Raw Living Spirulina at any time and at our discretion. No commissions are paid during account suspensions.
