Affiliate Terms of Service
Effective date: 10/20/2020
The purpose of this agreement (the “Agreement”) is to clarify the relationship between and the techniques allowed in the Peas & Hoppiness (“PH”) affiliate program, known also as the partner program or referral program (“Affiliate Program”). “Affiliate” and “You” refers to the partner sending traffic and receiving commissions or other consideration.
By participating in the Affiliate Program, You agree that you are a duly authorized representative of Your organization and that You will be bound by the terms of this Agreement.
PH Affiliates agree not to utilize or promote sexually explicit materials; violence; discrimination; infringement on others’ intellectual property, including copyright and trademarks; harmful software, including toolbars; or other things that may be illegal or immoral.
Without explicit written permission, PH Affiliates agree not to advertise themselves as PH, such as by marketing similar or deceptive domain names or purchasing trademark related keywords.
Affiliates must use acceptable tracking links from the “Tracking Platform” to receive credit for their traffic. More than one Tracking Platform may be active at a given time. PH reserves the right to review placement of links. While active in the Affiliate Program, Affiliate will have a non-exclusive, non-transferable, revocable right to send traffic to PH through provided links with approved copy. Affiliate agrees to not use PH’s materials in any way that is disparaging, misleading, obscene, or otherwise negative.
Affiliate will not defraud the program, such as by creating fake transactions like email submissions or purchases. Any violation of terms, including fraud, is liable to immediate reversal of commissions, termination of the program, and notification to appropriate parties.
Affiliates agree not to spam, including the sending of unsolicited commercial emails, over-posting to communities or newsgroups, etc. If You are uncertain if a potential campaign constitutes spam, You agree to contact PH for guidance.
Please reference the Tracking Center(s) for current program commission structures. “Terms”. PH may change the program Terms from time to time. If new Terms are unacceptable, Affiliate’s only recourse is to end participation in the program.
Affiliates are paid on a quarterly schedule (“Affiliate Fees”). All Affiliate Fees will be paid in US Dollars ($US). Notwithstanding anything contained herein to the contrary, no Affiliate Fees will be issued for any amounts due to Affiliate that total less than twenty-five dollars ($25.00) ("Payment Threshold").
Every Affiliate must have a unique, valid taxpayer identification number, valid Social Security Number, or other applicable unique government identification. Affiliate shall be responsible for all applicable taxes.
Affiliates are not eligible to earn commissions on orders placed for them or their household.
Affiliate agrees to receive communications from PH from time to time.
PH makes no express or implied warranties or representations on its products or services. PH assumes no liability under this Agreement for negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or good will or anticipated profits or the like), even if PH has been advised of the possibility of such damages. Further, notwithstanding anything contained to the contrary in this Agreement, in no event shall PH’s cumulative liability in whatever form or forms arising from this Agreement exceed the total fees paid to You.
You hereby agree to indemnify and hold harmless PH and its parent or subsidiaries and affiliates and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees. (“Losses”).
Affiliate agrees to keep confidential any and all information marked as such.
Affiliate acknowledges status as independent publisher and that nothing in this Agreement creates a Joint Venture, partnership, agency, franchise, employment, or similar relationship between You and PH. Affiliate has no authority to make or accept any offers or representations on behalf of PH.
Either Affiliate or PH may terminate this Agreement at any time. Termination may be initiated by communication or through the Tracking Platform, when possible.
PH reserves the right to change this Agreement from time to time.
If any provision in this Agreement is held to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Ann Kent, owner of Peas and Hoppiness
2509 Spruce Creek Dr.
Fort Collins, CO 80528
Effective as of October 20, 2020