Naturally Botanicals Affiliate Marketing Referral Program Terms & Conditions

To be an authorized affiliate of Naturally Botanicals Affiliate Marketing Referral Program you must first agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully and in its entirety before registering and using the Naturally Botanicals Affiliate Marketing Referral Program. By signing up for the Naturally Botanicals Affiliate Marketing Referral Program, you indicate your acceptance of this agreement and its terms and conditions.

Affiliate Marketing Referral Program Agreement
This Agreement is entered into by Naturally Botanicals, Inc. (hereinafter referred to as “NBI” or "we") and the Affiliate Referrer (hereinafter referred to as "Affiliate" or "you" or "your"), collectively referred to as "the Parties". This Agreement sets forth the terms and conditions of the Affiliate Marketing Referral Program (or "Program") at www.naturallybotanicals.com, and constitutes a binding agreement between the Parties.

For purposes of this Agreement, "website" means the internet world wide web sites located at the URL www.naturallybotanicals.com and www.naturallybotanicals.blogspot.com, or the url address of your website or blog identified by you in your Affiliate Marketing Referral Program Application.

1. Qualifications for Enrollment in the Program
In order to participate in the NBI Affiliate Marketing Referral Program - you must be a resident of the United States or its territories.

All applications for the NBI Affiliate Marketing Referral Program will be reviewed and your website(s), blog and business model may be reviewed before final approval to ensure compliance with NBI's high standards. If you choose to use a website other than NBI’s self replicated website it must meet NBI standards, including the display of a clear Privacy Policy.

Websites that are unsuitable and prohibited from participating in the NBI Program include those that: promote sexually explicit materials, promote violence, discriminate based on race, sex, religion, nationality, disability, sexual orientation, age or which otherwise promote illegal activities, or that NBI in its discretion determine at any time to unacceptable.

2. Commissions Pay Schedule
Commission payments will be made on or about the last week of each month for qualifying commissions made on sales from the previous month, until this Agreement is terminated.   Payments will be mailed to you at the address stated in your Affiliate application.

The first commission payment is paid out after 60 days allowing the first thirty (30) Days to process any returns and refunds.  Commissions are calculated on the net sale amount after discounts and coupons and exclude shipping and sales tax costs.

3. Refund / Client Product Guarantee Policy
A thirty (30) day money-back guarantee is offered on all NBI Products. Clients who are not completely satisfied may return products for a replacement or full refund within thirty (30) days from the purchase date (not including shipping charges).

4. Taxes and Responsibilities to IRS
You must supply a valid Federal Tax ID number, or social security number if you are a sole proprietor.  You are responsible for reporting your earnings from the affiliate program. NBI will report your earnings in accordance with the IRS regulations for such earnings. We do not withhold any local, state or federal taxes from your commission payments. That is solely your responsibility to report and pay these earnings. 

5. Term of Agreement and Cancellation
Either Party may cancel this Agreement at any time, and for any reason, and shall provide the other party with cancellation notice by email. Notification shall be made to NBI at [email protected]. Notification shall be made by NBI to you via the email address provided in your Program application.

Upon the termination of this Agreement by either Party, you will immediately cease use of, and remove from your site, all links to NBI's website, and all NBI trademarks, trade dress, and logos, and all other materials provided by or on behalf of NBI to you in connection with the Program. You are eligible to earn commissions only on sales of products that occur during the term of the Agreement prior to the date of termination.  Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

6. Breach
In the event that you breach or terminate this Agreement in bad faith, any accrued and payable commissions owing to you shall be forfeited, and NBI shall not be obligated to pay any commissions to you.

7.  Indemnification
Affiliate shall indemnify NBI and hold harmless NBI and its owners, associates, employees, contractors and other affiliates from any claim, damage, lawsuit, action, complaint or other costs arising out of any breach of this Agreement or any other agreement between the Parties. Affiliate shall also indemnify and hold harmless NBI for any damage, loss or other costs arising out of the use or misuse by Affiliate of any promotional materials provided by NBI.

8. Confidentiality and Privacy
The Parties agree that any information gained as a result of this Agreement that is not available to or accessible by the public shall be considered as confidential Company Information and will not be used by either Party in any way other than the fulfillment of this Affiliate Agreement, nor shall it be disclosed to any other third party, person or company without the other Party's written permission.

9. Identifying Yourself as an Affiliate Referrer
You may not issue any press release with respect to this Agreement or your participation in the Affiliate Program, and you agree that such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement, including by expressing or implying that NBI supports, sponsors, endorses, or contributes money to any charity or other cause other than stated under the Community Support section on NBI’s website, www.naturallybotanicals.com.

10. Responsibility for Your Site
If you choose to market NBI products on any website(s) other than our official “self-replicated” NBI site, 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 our site, 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 violate 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 libelous or otherwise illegal, ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors browsers.

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance, and contents of your non-NBI site(s).
 
11. Relationship of Parties
You are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

12. Limited License
We grant you a nonexclusive, revocable right to use graphic images and text as provided by NBI for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights.  You may not use inappropriate advertisements (false claims, misleading hyperlinks), illegal spamming (mass email, mass newsgroup posting, etc.), place advertisements on sites containing/promoting illegal or inappropriate activities, or violate any intellectual property rights. We may revoke your license at any time by giving you written electronic notice.

13. Limitations of Liability
NBI 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 Affiliate Program, even if we have been advised of such damages.  In no event shall NBI accumulate liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, or other legal or equitable theory that could exceed the total commission fees paid to you under this agreement.

14. Warranty
NBI makes no guarantees of the ability of the Affiliate Marketing Referral Program to generate income for the affiliate. NBI is exempt for all warranty; including any revenue earned, traffic generation and functionality of the affiliate program.

15. Miscellaneous
You may not assign or reassign 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.

16. Entire Agreement
The Parties acknowledge that this Agreement is the full, complete and correct understanding of the Parties, and that no other communication shall have any force or effect with respect to this Agreement.

17. 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 our site. Modifications may include, for example, changes in the scope of available referral fees, referral 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

18. Disclaimers
DISCLAIMER. NBI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO NBI’S PRODUCTS AND SERVICES, THIS WEBSITE, OR INFORMATION CONTAINED ON THIS WEBSITE.

THIS NBI AFFILIATE OPPORTUNITY (COLLECTIVELY HEREAFTER REFERRED TO AS “SERVICE”) IS PROVIDED “AS IS.” YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT AFFILIATE WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT AFFILIATE WEBSITE.

THE FINAL SUCCESS OR FAILURE OF ANY NBI AFFILIATE DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS.

We make no express or implied claims or representations with respect to any products sold through NBI or affiliates website.  In addition, we make no representation that the operation of our site or affiliate management software will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

19. Independent Investigation and Due Diligence
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE MARKETING REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

20. Governing Law
The Parties agree that this Agreement shall be governed by the laws of the State of California without reference to rules governing choice of laws. You agree that while you are a NBI Affiliate, you will comply with all laws, ordinances, rules and regulation, orders, licenses, permits or other requirements of any governmental authority that has jurisdiction over you, whether those laws are now in effect or later come into effect while you are an Affiliate.  You agree to comply with all applicable laws (Federal, State or otherwise), including any applicable laws governing marketing by e-mail, including the CAN-SPAM Act of 2003 and any other Anti-spam laws.

If you are found in violation of any law, you will be considered in breach of this Agreement, and your affiliate account may immediately be terminated and all commissions forfeited.

The submission of your Affiliate application constitutes acceptance of the Terms and Conditions of this Affiliate Marketing Referral Agreement.



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