Terms and Conditions
Thank you for applying to our affiliate program. Our affiliates are very important to us. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. Please bear with us as we take you through this legal formality. If you have any questions, please do not hesitate to let us know by contacting us via the e-mail provided here or giving us a call. [email protected] or Phone: 717-692-5100 ext 204
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NATURAL HOPE HERBALS. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This agreement is made out to you (the affiliate) from Natural Hope Herbals. It contains the main affiliate terms and conditions.
Please Note: “we”, “us”, and “our” refers to Natural Hope Herbals and “you”, “yours”, “your” refers to the applicant. The terms of this agreement begin when you are approved into our affiliate program.
RIGHTS AND RESTRICTIONS
We reserve the right to accept or reject any affiliate we review. Affiliates are required to be 18 years or older in order to enter into this agreement.
Affiliates must use their banners, or links on a website, blog, or newsletter. While affiliate links are allowed on social media, keep in mind that affiliate links do not work well on social media and you will get better results directing your customers to a blog or website off social media.
CANCELLATION
We reserve the right to cancel an affiliate at any time for any reason we feel appropriate. This is usually the result of slander, misrepresentation made to us, spam e-mail used to promote the affiliate, posting on unapproved websites, or uploading affiliate code through the use of unapproved methods.
A warning will first be given via e-mail to cease unapproved use. Failure of the affiliate to comply will result in cancellation of their account. You may cancel your affiliate account at any time.
Affiliates may be cancelled if they or their website promotes sexually explicit materials, violence, racism, illegal activities or violates copyright laws.
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.
Affiliate Account Access
Once you are approved you will be emailed links and passwords to your control panel where you will have access to your unique affiliate links and banners.
Use of graphics, and links
Only HTML code and approved linking information is to be used for the affiliate’s website. Failure to do so will result in misappropriated commissions. All of the links, graphics, and guidelines will be provided to the affiliate after their acceptance into the program. Affiliates are not allowed to use graphics or links not approved by Natural Hope Herbals. Graphics may be resized to fit your need however; image aspect ratio must remain the same. Please keep images to a size that is visually appealing and legible.
When a customer clicks your link and makes a purchase, they are now a customer of Natural Hope Herbals. You will not have access to their private billing information. Billing inquiries should be directed to [email protected] or call us at: Phone: 717-692-5100 ext 204
Affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by Natural Hope Herbals. The basic affiliate rate is 15%. No commission is given on shipping or taxes. Affiliate payments will be issued by check at the end of each month, only after $20 is accrued. Natural Hope Herbals Makes no guarantees of income level or ability of affiliate to generate income. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.
Commissions may be voided at any time for declined customer credit cards, and fraudulent orders.
Sending affiliate links or banners via spam or junk mail, pay per click, or other mass distribution is strictly forbidden. Natural Hope Herbals has complete discretion as to what is appropriate use and inappropriate use.
Affiliate clicks are tracked via cookies on the viewer’s computer. Tracking of some viewers with a high cookie protection may be blocked. Natural Hope Herbals is not responsible for any lost commissions due to viewers cookie, firewall, other settings, nor are we responsible for commissions lost due to technical issues, improper coding or inoperative links. Affiliates are responsible for maintaining their own websites, marketing, and integrating their links.
License
Natural Hope Herbals grants you a non-exclusive, non-transferable, revocable right to use our approved banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the Natural Hope Herbals.
Legal and Tax
Natural Hope Herbals requires affiliates to provide Social Security numbers or tax ID numbers for tax recording purposes. When an affiliate earns more than $600 we are required to send a 1099 tax form to all affiliates who are U.S. citizens.
Natural Hope Herbals reserves the right to make changes to these terms at any time. Affiliates will be notified of all changes.
Prohibited Solicitation
Affiliate links, and banners are meant to be displayed online. Affiliates are prohibited from any other solicitation activities. This prohibition on solicitation includes, but is not limited to: distributing flyers, coupons, newsletters and other printed promotional materials or electronic equivalents; verbal solicitation (e.g. in person referrals); initiating telephone calls; and sending emails. In addition, if affiliate is an organization such as a club or a nonprofit group, the organization will maintain on its website information alerting the organization’s members to the prohibition against each of the solicitation activities described above.
Affiliates must submit annually a certification that the affiliate has complied with the terms of the preceding section “Prohibited Solicitation”. The certification shall be on a form prescribed by Natural Hope Herbals. In the event that Natural Hope Herbals does not receive the annual certification from an affiliate the affiliate’s account will be cancelled.
Affiliates are solely responsible for knowing and complying with federal and state laws. Information on state laws may be found here: http://thepma.org/internet-sales-tax-reform-updates/. The website is given for information only and is not meant to be legal advice.
Affiliates are required to comply with DSHEA, FDA, and FTC laws in regard to product claims. An educational document with be provided with guidelines and examples after approval. This will be provided for your assistance only. The affiliate is responsible for being familiar with all federal and state laws.
Affiliates are responsible for making sure that they are compliant with the DSHEA (Dietary Supplement Health and Education Act) any time they share about or link to a Natural Hope Herbal product. The most important compliance issue is to make sure that you make only structure-function statements and refrain from making claims that any product diagnoses, treats, prevents, cures, or mitigates disease. https://www.fda.gov/Food/DietarySupplements/IndustryInfo/ucm20082666.htm
Affiliates must provide clear and conspicuous disclosure to consumers on their website any time their affiliate link is used or hyperlinked to a banner.
NATURAL HOPE HERBALS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING NATURAL HOPE HERBALS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF NATURAL HOPE HERBALS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE 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.
LIMITATIONS OF LIABILITY
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 NATURAL HOPE HERBALS’S CUMULATIVE 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.
Indemnification
You hereby agree to indemnify and hold harmless Natural Hope Herbals, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
If you have any questions about this Agreement, please feel free to contact us at [email protected] .
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.