AFFILIATE PROGRAM AGREEMENT
This Agreement made and entered by and between Beyond Natural, LLC (“GBN”), a Colorado Company, with its principal place of business at 23300 Hwy 160, Walsenburg, Colorado, USA 81089 and you, the affiliate ("you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the GoBeyondNatural.com Affiliate Program (the "Affiliate Program" or "Program").
Enrollment in the Program
You will request to register into the GBN Affiliate program through our Website. You may be asked to provide your social security or EIN number and valid address when submitting your request to become an affiliate. Once enrolled and the requisite information provided you will be able to participate in the GBN reward points, cash rewards and other promotional programs that you qualify for.
Cost: There is no cost to become an affiliate.
Promotion of Our Affiliate Program
Upon your acceptance as an Affiliate enrollee, GBN will make available to you a personal "Link", which, subject to the terms and conditions hereof, you may utilize to best market your link. The Link will serve to identify your site as a member of GBN Affiliate Network.
GBN Agrees To:
Affiliate Agrees To:
Some examples of these keywords include, but are not limited to:
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent.
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
GBN grants you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the GBN Affiliate Program. We may revoke your license anytime by giving you written notice.
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you agree to immediately cease use of, and remove from your site, all Links to any of our GBN's site, and all trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
GBN reserves the right to annually review each Affiliate agreement for potential violations of this agreement. GBN may decide to terminate this agreement. When and if this happens, you will be notified by email of this termination.
Affiliates can also review this agreement and may decide to terminate this agreement. GBN will be notified by email from the affiliate.
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
You and GBN are independent contractors. You agree that you do not have authority to make or accept any offers or representations on our behalf.
Representations and Warranties
You hereby represent and warrant to us as follows:
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 which may at times, compete with your Web site. You have independently evaluated the desirability of participating in the GBN Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
If you commit fraud or falsify information in connection with the sales of any GBN's products through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to GBN for any and all damages that GBN suffers as a result of such actions. You will also be responsible for returning to GBN all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
Anti-Predatory Advertising Policy
Affiliates will be removed from the GBN Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of GBN.
Reservation of Rights
GBN may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. GBN also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
This Agreement will be governed by the laws of the United States and the State of Colorado, 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 Colorado, 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 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 a provision or any other provision of this Agreement.
EMAIL COMPLIANCE AGREEMENT
Affiliate agrees to always comply with the requirements of the most recent version of the CAN-SPAM Act (the .Act.) in its distribution of email that contains messaging regarding GBN's products. More specifically, email that meets this criteria:
In addition, before distribution of email that contains messaging regarding GBN's products, Affiliate agrees:
Affiliate may not initiate or assist in the transmission of commercial email using an email address:
Upon GBN's request, Affiliate shall provide GBN with documentation demonstrating that the recipients consented to receive the email at issue.
In addition, in the event of a breach of this Email Agreement by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, GBN shall have the right to refuse to make payments to Affiliate as a result of Affiliate's efforts promoting GBN products, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this Email Agreement. Affiliate agrees to indemnify, defend and hold GBN, LLC harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this Agreement.
PROHIBITION AGAINST SOLICITATION ACTIVITIES BY NEW YORK STATE RESIDENT AFFILIATES:
It is imperative that ALL NY State Resident Affiliates agree that solicitation activities on behalf of GBN within the State of New York shall be limited to providing a link on Affiliate's website to the GBN's own websites including but not limited to any of GBN's products.
Affiliate acknowledges that under current New York State law, further solicitation and promotional activities by Affiliate within New York State may subject the GBN to liability for collecting New York State sales tax on all sales to New York customers. Therefore, as a condition of participation in the GBN Affiliate Program, Affiliate is prohibited from engaging in any solicitation activities in New York State intended to refer potential customers to the GBN, including, but not limited to: distributing flyers, coupons newsletters and other printed materials, or electronic equivalents of such materials; engaging in verbal solicitation, including in-person referrals or initiating telephone calls; and sending emails intended to refer customers to the GBN.
Affiliate may not act as or portray self or his/her website as a sales agent of GBN. Affiliate may promote GBN directly on his/her website(s) in the form of advertising but may not advertise GBN or its products/brand names outside of his/her website(s), with intent to drive traffic to his/her own website for sole purpose of converting sales for GBN.
The following pertains only if the Affiliate is an organization, club, or non-profit group; such affiliates shall maintain prominently on its website information alerting its members to the prohibition against solicitation activities in New York State as described above. Again this only pertains to websites of organizations, clubs and nonprofit groups.
Affiliates found to be in breach of this prohibition or any other listed above, may be subject to termination, possibly without warning. All terms and conditions of the GBN Affiliate Operating Agreement remain in full force and effect.