Verdant Lyfe Affiliate Agreement
By signing up as an affiliate with Verdant Lyfe, you agree to the following Terms of Service.
Participation in ANY of Verdant Lyfe’s promotions and affiliate program means that you agree to the following Terms and Conditions (the “Agreement”). You also understand our company’s general privacy policy and terms of use as listed here. If you do not agree to or understand any of the language in this Agreement then do NOT sign up or participate in any of our promotions, period. We are incredibly grateful for your support in this campaign and want to offer you every effort to promote this event with success. We also want to serve our clients with 100% integrity and compliance with all laws, including FTC guidelines. As an affiliate, we expect you to conduct yourself with professionalism and care for our customers and your followers, which is why we’ve detailed these Terms and Conditions for you. We also wanted you to understand the payout schedule and any potential bonus structure associated with our promotions.
Please read this entire agreement before participating in our affiliate program.
This Affiliate Agreement (“Agreement”) is between Verdant Lyfe, LLC, a Florida Limited Liability Company with its principal place of business at 3859 NW 124th Ave, Coral Springs, FL 33065 USA (“Verdant Lyfe”), and the individual or business entity identified below (“Affiliate”); the Agreement is in force and made effective as of the date signed below by Affiliate or its duly authorized representative. The Agreement contains the complete terms and conditions that apply to Affiliate’s participation in the Verdant Lyfe Affiliate Program, operated by Verdant Lyfe and its contractors.
1. Defined Terms
As used in this Agreement, the following terms have the meanings indicated:
“We” refers to Verdant Lyfe.
”You” refers to the Affiliate.
“Site” refers to the Verdant Lyfe website, located at the URL www.verdantlyfe.com or such other site that Verdant Lyfe may designate.
“Affiliate Site” refers to the website owned, operated, or controlled by the Affiliate, disclosed below.
“End user” means an actual or potential consumer, customer or other natural person.
The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation."
"Intellectual Property Rights" means technology, templates, designs, Sites, domains, methodologies, processes, names, strategies, marks, logos, Content, documentation, training manuals, and other materials, as well as any and all patent, trade secret, trademark, copyright, moral rights, database rights and other intellectual property and proprietary rights, whether or not registered, therein and thereto.
"Link" means any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Sites, or (ii) otherwise causes a Web access device to display to its user a "banner," "button,"
text-mention, word, phrase, logo or other textual or graphical material that, when activated by a person, results in a Site being served to such person or such person being able to electronically access, receive or obtain Content, products, services or other offerings from the linked Site.
“Network" means the online affiliate marketing network operated by Verdant Lyfe.
“Prohibited Activity” means any of the following activities: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual
orientation, age or disability or any other unlawful basis under applicable law; (b) libelous, defamatory, threatening, harassing, tortious, or similarly abusive activities; (c) obscene, pornographic, sexually explicit or similar activities; (d) illegal gambling; (e) sale, export or use of illegal substances; (f) terrorism, sedition or other illegal activities; (g) offering of any MP3, MPEG and/or other proprietary materials for download, sale or otherwise, in any case without the permission of the owner of the Intellectual Property Rights or otherwise infringing the Intellectual Property Rights of any third party (h) a conflict or violation of any law or regulation or any Intellectual Property Rights or other rights of any person or entity; (i) harm to minors in any way; or (j) fraudulent activities or impersonation of any person, including any Verdant Lyfe (or Related Parties of Verdant Lyfe) representative, or misrepresentation of affiliation with any person.
"Qualifying Link" means any type or format of link that is provided or authorized by Verdant Lyfe to be displayed, distributed or placed on or by a Site pursuant to an Engagement and which, through addition and/or use of any technology and/or methodology, can be tracked so that such Verdant Lyfe or a Network Advertiser can monitor the impressions, click-throughs and/or other tracked activities achieved by the display, distribution and/or placement of such link. The term “Qualifying Link” shall also refer to any equivalent link, mechanism or technology that, upon being activated, causes the same result as clicking on a Qualifying Link.
"Site" means, as the context requires, either (a) one or more Web pages, database, computer files, emails, scripts, software or other application, or other destination, together with supporting files and programming, that are on, provided, or accessible through the Web or works on or in relation to the Web, or (b) a person owning or operating any such Site, or (c) both. A person that owns or operates a Site may have offline businesses which would not preclude it from being a Site for the purposes of this Agreement.
"Tracked activity" means any type of pre-agreed or predefined activity or result that is sought by an Advertiser in relation to a Qualifying Link. The kinds of tracked activities that an Advertiser may seek to complete through such arrangements may include, by way of example, the serving of an image, impressions, click-throughs, the sale of products or services, the downloading of software, files or other items, the completion of an application, registration or other form, the opening of an account, membership
enrollment, the printing of a coupon (for offline redemption) or any other kind of action, transaction or activity that can be tracked and reported upon.
"Web" or "internet" or "online" means the global computer network currently referred to as the internet, including the World Wide Web, and any and all successor networks, irrespective of what wired, wireless or otherwise connected device, platform or technology is used to access it.
2. Eligibility & Joining the Affiliate Program
Affiliate must be 18 years or older to participate in our program. Verdant Lyfe reserves the unconditional right to accept or deny any Affiliate who enters the Promotion on the Promoter’s website at http://verdantlyfe.com/join-our-affiliate-program/ (the “Enrollment Site”) or who drives traffic to any of the Promoter’s marketing websites (the “Sites”).
Affiliate must be in good standing with the Federal Trade Commission (the “FTC”) and the Promoter, and in compliance with all FTC guidelines and the terms and conditions of this Agreement.
Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate, the Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes or any other compensation or further communication from the Promoter.
Affiliate will be immediately removed from all Promotions and from Promoter’s Affiliate Program — resulting in a forfeiture in all contests and commissions — and will be in violation of this Agreement IF its marketing for this Promotion or for its own sites:
a) contains, promotes or links to sexually explicit or violent material;
b) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
c) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
d) contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or
e) uses Promoter’s videos, images, banners, likeness, or brand name in or on their websites, thus creating market and consumer confusion (which is illegal and generally referred to as copyright or trademark infringement). To be clear, you may not use our banners, images or videos, unless specifically supplied to you, as if they are your own on your own sites or any other sites, as it may cause a customer to opt-in, thinking they are opting in to our communications rather than yours. Clearly, the best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our program, not pretend to be us.
(f) uses any “bots” or automated link generating, spamming, or social media spamming techniques to perpetuate their links automatically or anonymously. You should only participate in this competition by sending your link directly to your email list, your social media contacts, or through ads you have placed that comply with all the rules on this page.
(g) defames, slanders, or posts rude or inappropriate comments about Promotor or any public figure or member of the expert community. Any rude communication with Promotor’s staff also warrants termination of the affiliate agreement and a forfeiture of all standings, prizes, and commissions.
(h) uses any of our brands in the root of a URL link. This means you cannot use, for example, “theb2bsalessummit” in your website domain before the (dot), like this: www.theb2bsalessummit.com. However, this would be okay: www.YourSite.com/theb2bsalessummit.
So, to be clear, you cannot have any of our brand names, or any misspelling or alternative use/spelling of our brand names, before the (dot) in .com, .org, etc. Other examples:
NOT OK: www.theb2bsalessumitreview.com
OK: www.YourSite.com/theb2bsalessummit
NOT OK. www.theb2bsalessummitsite.com
OK: www.YourSite.com/TheB2B SalesSummitSite.com
(i) for any other reason that is deemed by us to be unsuitable by the Promoter.
Promoter reserves the right to disqualify Affiliates from our Affiliate program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to Affiliate.
By filling out the registration form you may become an Affiliate and are bound by the terms of this agreement and any subsequent amendments to the agreement. To be, and continue to be, an Affiliate, you must provide Verdant Lyfe with truthful, accurate and complete registration information. If any such information changes, you must immediately update your registration information. We have the right to verify the truth and accuracy of any registration information at any time. Please be advised that if any information is determined by Verdant Lyfe to be misleading, inaccurate, or untruthful, we may restrict, deny, or terminate your account and/ or your access and use of the Offerings; we may also withhold payment of any commissions and/ or other fees that may be or become due or payable to you, and may assess charges against such amounts for Verdant Lyfe’s activities in connection with the investigation and/ or verification of such information and/ or otherwise in accordance with this Agreement.
IF YOU HAVE REGISTERED IN YOUR PERSONAL CAPACITY, YOU HEREBY ACKNOWLEDGE THAT SERVICES MADE AVAILABLE BY VERDANT LYFE TO NETWORK PUBLISHERS ARE PROVIDED FREE OF CHARGE AND SOLELY FOR THE PURPOSE OF FACILITATING BUSINESS TRANSACTIONS AND YOU AGREE THAT YOU WILL ONLY USE THE NETWORK SOLELY FOR THE PURPOSE OF FACILITATING BUSINESS TRANSACTIONS FOR YOUR BUSINESS AND FOR NO OTHER
PURPOSE. YOU FURTHER AGREE THAT WHEN USING THE NETWORK, YOU ARE ENGAGED IN BUSINESS ACTIVITY AND ARE NOT ACTING AS A CONSUMER. FOR THE PURPOSES OF THIS SECTION, “BUSINESS TRANSACTIONS” IS DEFINED AS LEGALLY ADVERTISING THE VERDANT LYFE WEBSITE TO RECEIVE A COMMISSION ON VERDANT LYFE PRODUCTS PURCHASED BY YOUR REFERRAL INDIVIDUALS.
3. Payment Schedule
a. Eligible Payments:
all Affiliate monies due for orders generated as a result of Affiliate links or coupon code use will be held for 30 days after the
shipping date of an order. Orders are typically shipped 1-7 days after an order is placed. This delay is necessary to allows Verdant Lyfe ample time to compensate for returns, exchanges or canceled orders. Payments will be calculated and sent out to Affiliate during the last week of any given month for the previous month according to the terms and conditions of this Agreement.
b. Affiliate Payment:
payments to Affiliate will not be rendered for amounts less than $50.00 USD. Example: if you have a total of $150.00 in sales you would have $22.50 in your affiliate account, thus your account will carry over into the next month’s cycle. When your account total reaches $50.00 or more you will be sent a payment provided all orders associated meet the conditions set forth in (a) above.
4. Revocation of Affiliate Your Affiliate application and status in the program may be suspended or terminated for any reason including the following:
1. Inappropriate websites and/or advertisements (including non-family-oriented content, false claims, misleading or erroneous
hyperlinks).
2. Use of unapproved graphics and/or text
3. Lack of an active website
4. Spamming (mass email, Mass newsgroup posting, etc...)
5. Advertising on sites containing/promoting illegal activities
6. Violation of intellectual property rights
7. False and/or incomplete personal/contact information and/or requested tax
information
8. Non-use
New affiliates' websites will be reviewed within the first few days after sign-up. Existing affiliates' website will be reviewed monthly.
Affiliate accounts that have been suspended or terminated for any of the above reasons forfeit any and all eligible payments.
5. Affiliate
Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.
6. Affiliate Tracking
a. Links: When a web surfer clicks through your Affiliate link, a cookie is set in their browser that contains your Affiliate username. Also, their IP address is tracked in the database along with your Affiliate name. When this person decides to buy a product, the
script will look for this cookie and/or try to match their IP address to identify the Affiliate who will be awarded the commission. Visitors sent through your Affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the using the same IP address as the one logged in the database.
b. Coupon Code: When a consumer uses a certain coupon code that has been generated for the Affiliate by Verdant Lyfe
that code usage is tracked and added to the Affiliate sales so as to include promoted sales brought in from other locations that are not able to embed traditional tracking links. If it occurs that a coupon code is used and a link cookie is present, the AFFILIATE link governs earning the commission.
7. Terms of the Agreement
These terms will begin upon your signup with the Affiliate program and will end when your Affiliate account is terminated. The terms
of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your choice is to terminate your Affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
8. Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of
database files, and any results of "intent of harm" to the program or our website. We do not make any expressed or implied
warranties with respect to the Affiliate program and or products sold at this site. We make no claim that the operation of the Affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.
Without limiting the foregoing, Verdant Lyfe aggregate liability arising with respect to this Agreement will not exceed the total
fees paid or payable to Affiliate under this agreement. Verdant Lyfe will own all right, title and interest in and to all information that is created or collected in the operation of the Verdant Lyfe Web Site and reserves the right to amend or terminate this Agreement at any time, with or without notice to Affiliate.
9. Underage, Parental Consent Needed
If the Affiliate is a natural person s/he must be at least 18 years of age. If the Affiliate has not reached the age of 18 a parent/ guardian must give his consent to the registration to the Verdant Lyfe Affiliate Tracking Program and the registration of an Affiliate below the age of 18 without parental consent will be ineffective.
10. Indemnification
Affiliate shall indemnify and hold Verdant Lyfe harmless from any and all legal actions, damages or liabilities incurred from the
day-to-day operations of Affiliate. Under no circumstances will Verdant Lyfe be liable whether in tort, contract or otherwise
for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program.
You agree to defend, indemnify and hold harmless Verdant Lyfe and Related Parties of Verdant Lyfe and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on (a) any breach of any representation, warranty, or covenant made by you in this Agreement, (b) you engaging in any Prohibited Activity (c) any breach by you of any Engagement, (d) any violation by you of any law, regulation or rule, (d) your inappropriate use of any other Offerings, (e) your negligence or willful misconduct, and/ or (f) any actual or alleged infringement by you of any Intellectual Property Rights or other rights of any person.
11. Governing Law
The laws of the state of Florida shall govern this Agreement.
12. Disputes
Should there be any legal dispute between the parties, then both parties agree to take matter before arbitration/mediation in Broward County Florida should Verdant Lyfe, LLC. request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Broward County District Court of Florida.
By completing the Affiliate Program sign-up form you acknowledge that you have (1) Read the terms and conditions above for the Verdant Lyfe, LLC. Affiliate Program, (2) Understand the terms and Conditions, and (3) Agree with terms and conditions.
