Sacred Chocolate: Raw, Stone-Ground, Organic & Vegan > Sacred Chocolate, LLC Affiliate Program Agreement
Terms & Conditions
This Agreement is between you (the “Affiliate”) and Sacred Chocolate, LLC. It contains the complete Terms & Conditions of the Sacred Chocolate, LLC Affiliate Program. (Please Note: "we", "us", and "our" refers to Sacred Chocolate, LLC and "you", "yours", "your" refers to the Affiliate applicant.) The term of this agreement will begin once you are accepted into the Sacred Chocolate, LLC Affiliate Program and will end upon notice of termination from either you or Sacred Chocolate, LLC. Please fully read and understand this Agreement before making application. Your application to become a Sacred Chocolate, LLC Affiliate, constitutes your full knowledge and understanding of this Agreement. Once accepted into the Affiliate Program by Sacred Chocolate, LLC, you agree to remain in complete compliance with this Agreement.
Rights & Restrictions
1. We reserve the right to accept or reject any Affiliate we review. All new Affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an Affiliate we will notify you by e-mail within this 24-48 hour time frame. Sacred Chocolate, LLC will exercise their own discretion during the decision making process and may decide to decline any application without reason.
1.1 All Affiliates are required to be of legal age to enter into a contractual agreement.
1.2 As part of this agreement, all Affiliates who are accruing active commissions must do so through a visible Sacred Chocolate, LLC banner, link or other forwarding method on a publicly viewable web site, newsletter, blog, etc. Failure to do so may result in a terminated account.
2. The Affiliate account may be cancelled by Sacred Chocolate, LLC at any time for any reason we feel appropriate. This is usually the result of slander, misrepresentation of Sacred Chocolate, LLC, spam e-mail used to promote the Affiliate, posting Sacred Chocolate, LLC links on unapproved web sites, uploading Affiliate code through the use of unapproved methods, or web sites that we feel might bring Sacred Chocolate, LLC disrepute, etc. An issued warning letter in the form of e-mail, fax or letter will be sent first. If no reparations have been made, then the Affiliate’s account with Sacred Chocolate, LLC will be terminated.
2.1 All Affiliates may cancel their account with Sacred Chocolate, LLC at any time and for any reason.
2.2 Affiliate accounts are non-transferable. The Affiliate account will belong to the original registered owner until such time as the account is canceled by either party.
Access to Account Management Services
3. Immediately after your acceptance into the Sacred Chocolate, LLC Affiliate program you will be e-mailed links, passwords and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters. We suggest you keep these invaluable links in a safe place and in a place that is easily accessible by you. If for any reason you lose this information we will be able to re-send it to you.
Use of Graphics & Links, Limitations of Use, and Cookie Periods
4. IMPORTANT: Only html code and approved linking information is to be used for the Affiliates web site. Failure to do so will result in misappropriated commissions, for which Sacred Chocolate, LLC will not be responsible. All of the links, graphics, and account management information will be provided to the Affiliate after their acceptance into the program. In no way is the Affiliate to use graphics or links not approved by Sacred Chocolate, LLC.
4.1 Once a viewer clicks on an Affiliate link and places an order with Sacred Chocolate, LLC that viewer becomes the sole customer of Sacred Chocolate, LLC. The Affiliate will not have access to the customer’s account information, contact information, and will not be allowed to communicate with the customer in regards to their order(s) placed with Sacred Chocolate, LLC. Sacred Chocolate, LLC is responsible for all customer service, fulfillment, processing, shipping, and after-order inquiries made by the customer.
4.2 This agreement does not constitute a joint venture, partnership, franchise, or other representative business of Sacred Chocolate, LLC. The Affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by Sacred Chocolate, LLC.
4.3 Sacred Chocolate, LLC may at any time refuse any particular link, text or referring graphic used to forward a viewer to the Sacred Chocolate, LLC web site. Only approved links, banners, graphics and text may be used.
4.4 The use of Sacred Chocolate, LLC Affiliate links, or links referring to a particular Affiliate link is strictly prohibited through the use of junk mail, e-mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, etc. Sacred Chocolate, LLC holds sole discretion on what is termed as "inappropriate use" and may at any time close an account if we are given information on inappropriate use.
4.5 The cookie period for the Sacred Chocolate, LLC Affiliate program is exactly 30 days. After this 30 day period the viewer must come back to the Affiliate's web site and proceed to click a link for a commission to be earned.
4.6 IMPORTANT: Commissions will not be reported or recorded by viewers who have set their cookie protection settings to a high standard. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the Affiliate may earn.
4.7 IMPORTANT: Sacred Chocolate, LLC is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
4.8 Affiliates are solely responsible for the development, operation, maintenance and technical operation of their web sites including all materials that appear on their web sites and related equipment.
5. We welcome Affiliates from the international community but payouts to international Affiliates from Sacred Chocolate, LLC will be made via PayPal.com ONLY. There are NO exceptions. If you do not currently have a PayPal.com account, or if you are unable to receive payments via PayPal.com for whatever reason, then we will be unable to pay you the commission earned and your account will be terminated. All payments are processed during the third week of every month.
6. Monthly payout to the Affiliate will accrue in their account until a minimum of $100.00 has been met. We will not make payments or reimbursements to Affiliates for amounts under $100.00. This helps us manage over-head and accounting fees. All commission payouts will be processed during the third week of every month.
6.1 The commission to the Affiliates is based on 13% of the discounted subtotal for each order that is paid ONLINE via credit card, PayPal, or eCheck. You will not receive a commission on orders that are paid via any other method. In addition, you will not receive a commission on special discounted promotions, shipping charges or taxes.
6.2 Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customer's credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
6.3 We will not be responsible for lost commissions due to improper coding or inoperative links.
6.4 Payouts to all Affiliates from Sacred Chocolate, LLC will be made via PayPal.com ONLY. There are NO exceptions. If you do not currently have a PayPal.com account, or if you are unable to receive payments via PayPal.com for whatever reason, then we will be unable to pay you the commission earned and your account will be terminated.
Fraudulent Orders & Orders Outstanding
7. It is possible that we may receive an order that is illegitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the 13%. If this is to occur you will be notified immediately.
7.1 Sacred Chocolate, LLC reserves the right to decide whether or not a viewer from your web site will be serviced, sold to or otherwise catered to.
Grant of License & Restricted Use
8. Sacred Chocolate, LLC grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the Sacred Chocolate, LLC web site.
8.1 Sacred Chocolate, LLC holds sole editorial discretion on how links are worded, or described on the Affiliate’s web site. Sacred Chocolate, LLC is not responsible for the creation of the links, which may be posted on your web site and will only be involved with editorial review. You also agree to fully cooperate to work with Sacred Chocolate, LLC to maintain and manage links.
8.2 All content on the Affiliate’s web site including links, banners, text, etc, leading to any or all content within the Sacred Chocolate, LLC web site is the sole responsibility of the Affiliate. Because of the constantly changing nature of the Sacred Chocolate, LLC web site, we hold it to be the Affiliate’s responsibility to update and manage their own links leading to the Sacred Chocolate, LLC web site. We are not responsible for alerting the Affiliate or making recommendations on when we anticipate changing the links or directions to content on the Sacred Chocolate, LLC web site.
8.3 If Sacred Chocolate, LLC believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
Tax Reporting Responsibilities
9. All Affiliates are required to provide Social Security numbers or tax ID numbers at signup.
9.1 Once an Affiliate has accrued over $600.00 dollars in commission payouts, we must request and receive the social security number of the Affiliate who is receiving payments from Sacred Chocolate, LLC. The Internal Revenue Service (IRS) requires us to submit a 1099 tax form for contracted business services and because the Affiliate is paid and recognized as a "contractor", this information needs to be accurately gathered and submitted to the IRS. In the event that an Affiliate fails to provide this information or wishes to omit this information the Affiliates account will be terminated.
Changes to This Agreement
10. Sacred Chocolate, LLC may change the wording and structure of these Terms & Conditions at any time. When a change to these Terms & Conditions occurs, all Affiliates will be notified within 24 hours.
11. Your privacy is a major concern for Sacred Chocolate, LLC. We will not sell, disperse, trade or otherwise disseminate your account information to any organization outside of Sacred Chocolate, LLC.
12. Sacred Chocolate, LLC does not make any guarantees on the Affiliate program’s ability to generate income for the Affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the Affiliate program.
Limitations of Liability
13. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, 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 GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SACRED CHOCOLATE, LLC CUMULATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You agree to indemnify and hold harmless Sacred Chocolate, LLC and its employees, representatives, officers, agents and Affiliates, against any and all claims, suits, actions, or other proceedings brought against Sacred Chocolate, LLC based on or arising from any claim, (i) that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or, (ii) resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Sacred Chocolate, LLC in connection with or arising from any such claim, suit, action, or proceeding.
DATED: January 2010