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:

  • Pay Affiliate commissions per successful non-fraudulent sale referred from the Affiliate site or link, on sales made to Customers or referrals.  Commission will be paid via a check at the beginning of the following month, and you will not receive a payment if commission earned is less than $25.00.  All commissions will be based off of the commissionable value of the cart total.
  • Qualified monthly earned Commissions will now be paid at the beginning of the following month.  GBN has 10 days after the first of the month to process and mail these qualifying commissions.  

Affiliate Agrees To:

  • Maintain as an Active “Commissioned” Affiliate and purchase $25.00 in products personally from the website per month to qualify for commissions.  You will still generate commissions based upon our 2-Tier Program. You will receive reward points for these personal purchases to be used towards your next purchase, but reward points do not count towards your $25 total.
  • Understand that Commissions will accumulate as before and can be redeemed once you reach $25.  If you do not purchase $25 personally by the end of any given month, you will not receive commissions for that month and be considered Inactive. You will be given a 1 Month grace period (end of the following month) to become Active. If you make a $50 personal purchase in the grace period month, you will receive your commissions for the grace period month as well as the previous Inactive month.  All accumulated commissions will be removed from your account IF you do not personally purchase $50 by the last day of the grace period month.
  • Observe GBN exclusive rights as to the names of its properties, or any derivatives thereof, within all pay-for-placement and other search engines. This means Affiliate may not bid on any brand terms owned by GBN in major search engines and Affiliate may not claim to be GBN in any pay-for-placement or other search engines. If Affiliate violates this policy, Affiliate will be terminated and GBN reserves the right to charge back, and/or disallow any and all commissions.
  • Remove all links regarding sweepstakes and other promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links. 
  • Place GBN Links on your site. 
  • Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site. 
  • Ensure that all materials posted on your site are not illegal, do not make any unfounded claims about any GBN products and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site. 
  • Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site. 
  • Ensure that your site does not represent itself as or claim to be an 'official' GBN's product site. Affiliates must represent themselves as 'affiliates of' GoBeyondNatural.com. 
  • Submit the URLs for all sites you plan to use to promote GoBeyondNatural.com and its related products/brands via e-mail to gwen@gobeyondnatural.com.
  • Only 1 Affiliate/Sponsor permitted per Physical and/or PO Box address including but not limited to any Level 1 or Level 2 referrals. 
  • Affiliate also agrees not to bid on any keyword in Pay per Click Search Engines (PPCSEs) that is a Merchant Brand Term, (or a derivation of a trademark, or any other word or term that is likely to cause confusion regarding its affiliation with Merchant).
  • If GBN determines or is notified of conduct unbecoming an active affiliate including but not limited to:  Disparaging remarks made about GBN personally or via any social streams, attempts to remove, alter, or delete any affiliates via any Social streams without prior authorization from the GBN Executive Team located at the home office, deletion of posts made by any GBN Executive Team member, deletion of any member or GBN Executive Team Member by an affiliate on any Social stream associated to GBN that is not truly the ‘owner’ of that page, etc.  GBN will remove the affiliate as an active affiliate and they will then become a customer only.  Commissions will no longer be paid once an affiliate has been removed as an affiliate.

Some examples of these keywords include, but are not limited to:

www.chaeorganics.com 
Chaé 
Linda Chaé 
Chaé Organics 
www.thetoxicfreefoundation.com 
ToxicFree 
G-Force 
GBN 
www.GoBeyondNatural.com

Publicity

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.

Confidentiality

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.

Limited License

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.

Disclaimers

  • GBN makes no express or implied warranties or representations with respect to GBN's Web site or the GBN Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage).
  • GBN makes no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
  • In rare circumstances where one sale ID has tracked in more than one affiliate channel as having been credited to more than one affiliate, GBN will make every effort to be as fair as possible in determining "last referring source" and who gets the commission. Where click date is not available, commissions may be split 50/50 between both affiliates in lieu of being able to determine "last referring source."

Termination

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.

Annual Review

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.

Modifications

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.

Independent Contractors

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:

  1.  This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. 
  2.  The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.

Independent Investigation

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.

Fraud

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.

Assignment

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.

Governing Law

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:

  • May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate. 
  • Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative. 
  • Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from Affiliate. 
  • Must provide a valid physical postal address of Affiliate. 
  • Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or releases the email address of the recipient. 
  • May not contain materially false or materially misleading header information, or deceptive subject heading. 
  • May not contain any material whatsoever, that could be deemed sexually or otherwise explicit, offensive, violent, pornographic or which contains hate messages or prejudice of any kind.

In addition, before distribution of email that contains messaging regarding GBN's products, Affiliate agrees:

  1. To send the email addresses of all intended recipients of such email to GBN, or a third-party designated by GBN, so that GBN may identify those individuals who have notified GBN that they do not want to receive emails from or about GBN's products, and 
  2. To suppress the email addresses of those individuals, as identified by GBN.

Affiliate may not initiate or assist in the transmission of commercial email using an email address:

  1. That was collected through automated means, from a third party web site in violation of that third party's posted privacy policy, or 
  2. That was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.

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.