WholeFood Farmacy Agreement: Terms & Conditions updated June 16th, 2014 Updated June 16, 2014

Returns:
WholeFood Farmacy is unable to accept product returns for a refund or exchange because returned products, even if unopened, cannot be placed back into inventory due to the nature of the product.

Incorrect Shipping Information:
Customers are responsible for fees incurred due to incorrect shipping information provided by the customer. Carefully enter the address where your package(s) will be shipped. Please note UPS does not deliver to PO boxes.

Free Shiping Discount: 
Orders that qualify for free shipping discounts will be shipped using a carrier of WholeFood Farmacy's choice. If you wish for your order to be delivered by either USPS or UPS exclusively, you must enter a comment requesting a carrier with each order you submit.

Defective Products:
A defective product purchased from WholeFood Farmacy may be returned within the first 10 calendar days from the date of receipt for an exchange of like product. You must obtain a Return Authorization Number (RAN) and return instructions within this 10 calendar day period by calling WholeFood Farmacy order line at 866.661.5011, Monday-Friday, 8:00 a.m. - 5:00 p.m. Eastern Time.

Auto Ship:
By signing up for auto ship, you are committing to at least 3 (three) consecutive orders. At any time you may change the items you have on auto ship. You can cancel your auto ship order at any time by calling the order line at 888.958.7561. Benefits include 5% off items placed on auto ship that total at least $50. Receive one free 16 oz bag of PHI when your auto ship items total $100, receive an additional 16 oz bag of PHI when auto ship items total $200. 

Damaged products:
Occasionally products purchased form WholeFood Farmacy may be damaged in route. If a package has been damaged as a result of shipping - DO NOT OPEN THE PACKAGE. In this case the carrier is responsible for the damage. In order to make a claim against the carrier, you must act quickly. If there is uncertainty as to the condition of the product, but you suspect it maybe damaged, feel free to call the WholeFood Farmacy order line for help. Do not return carrier damaged merchandise to WholeFood Farmacy, as this will void any claim against the carrier. If there is no visible damage on the outside of the box, but upon opening the package you find that the product has been damaged, call the carrier immediately. Do not open individual containers. The carrier will arrange an inspection at the premises. Do not destroy or dispose of any packing material or boxes until after inspection.

Cancelled Orders:
All orders cancelled prior to shipping will be assessed a 15% cancellation and processing fee.

Refused Orders:
There is no refund for refused orders. This policy applies to all carrier returned or refused shipments. The merchandise will be re-shipped upon payment of a $30 shipping and handling fee.

Health Related Information:
The information contained in the WholeFood Farmacy website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information on or through the WholeFood Farmacy.com website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, WholeFood Farmacy) for diagnosing or treating a healthy problem or disease, or prescribing any medication.


NOTE: The following terms and conditions apply to affiliates only:

AFFILIATE PROGRAM AGREEMENT: TERMS & CONDITIONS

1.  Affiliate hereby warrants that they are of legal age in their state of residency and competent to enter into this agreement.  If the affiliate is an organization, business entity, unincorporated association or any other type of entity, the individual creating the affiliate account represents that he or she is duly authorized to enter into this agreement on behalf of that organization or entity and that organization or entity is qualified to conduct business and is in good standing in its state of organization.  

Affiliate agrees that he/she, in their capacity as an affiliate, is an independent contractor, not an agent, joint venture, partner or employee of WholeFood Farmacy, and as such, is responsible for determining the affiliate’s own business activities and practices, is responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory agency.  Affiliate further agrees that participation in WholeFood Farmacy's affiliate program is a voluntary act on the affiliate’s part and  does not constitute the sale of a franchise or distributorship and that no fee, no purchase of sales aids, no purchase of services, or purchase of products has been requested or required as a condition of participation in the affiliate program.

2.   WholeFood Farmacy will provide affiliates with banners/links that they can apply to their on-line presence (website, blog, newsletter, etc.) for use in promoting WholeFood Farmacy products. WholeFood Farmacy will process and ship all orders and provide customer service relating to all products, orders and shipping related issues on WholeFood Farmacy products. An affiliate that is inactive for longer than one year is subject to cancellation of their WholeFood Farmacy affiliate account. 

3.  
WholeFood Farmacy will pay affiliate 15% commission on purchases through the WholeFood Farmacy banner/link campaigns that the affiliate selects and uses on the affiliate's website to promote WholeFood Farmacy products. When any affiliate signs up to become an affiliate through your banner link, you will then earn 3% commissions on that affiliate's customer sales. The WholeFood Farmacy Affiliate Program is intended to compensate affiliates for their efforts in the advertisement and sale of WholeFood Farmacy products, and as such, affiliates will only earn commissions from their customers and not orders that appear personal in nature or intended for resell by the affiliate. Commission checks will be mailed to the affiliate’s address of record by the 30th of each month for the prior month during which the sales occurred. Earnings less than $50 will be held on account and added to subsequent earnings. When earnings equal or exceed $50 the check will be mailed on the next scheduled monthly mailing date. Commission checks expire if not cashed or deposited within 90 days. A $35 fee applies for replacement of lost checks or checks not cashed within that period which may be deducted from any subsequent check issued to the affiliate. After 120 days, unclaimed commission checks are permanently forfeited. Affiliates are subject to commission adjustments or reductions of commissions’ payable and/or paid for returned merchandise. Affiliates will be allowed to create one account or have one account for their household.  


4.  Upon request, affiliate will disclose to WholeFood Farmacy either the Social Security number or Tax ID number applicable for the affiliate once year-to-date affiliate earnings exceed $600.  Affiliate understands and agrees that earnings in excess of $600 can not be paid until affiliate’s Social Security number or Tax ID number has been received and is on file with WholeFood Farmacy.

5.   Affiliate is granted permission to use the banner/link campaigns (graphic images and text) provided by WholeFood Farmacy and appearing on their affiliate website solely for the purpose of use in advertising to generate sales of WholeFood Farmacy products. WholeFood Farmacy reserves all rights to any graphic image, text, trade names and trademarks appearing on affiliate’s website and further reserves all claims or causes of action from the unauthorized user or such items.

6.  Affiliate will not make false or misleading statements about WholeFood Farmacy or its products, including but not limited to, claims that the products treat, diagnose, cure, mitigate or prevent disease.  Affiliates will, at all times, conduct themselves in a courteous, fair and ethical manner whenever acting in conjunction with the affiliate program or otherwise in representing the WholeFood Farmacy products through this affiliate program.

7.  Customer related data is owned by WholeFood Farmacy and shall not be used by any affiliate for any purpose other than generating sales of WholeFood Farmacy products.

8.  The acceptable forms of advertising for affiliates are solicited emails, banner ads, blogs, text links, radio, TV, print media and word-of-mouth provided that the affiliate complies with all laws, rules and regulations pertaining to the particular media type.  In any type of advertising the affiliate will not make false or misleading statements about WholeFood Farmacy products, including but not limited to claims that the products treat, diagnose, cure, mitigate or prevent disease.  Affiliates will, at all times, conduct themselves in a courteous, fair and ethical manner whenever acting in conjunction with this affiliate program.

AFFILIATES’ ACCOUNTS SHALL BE TERMINATED IMMEDIATELY, WITHOUT WARNING, AND ALL EARNINGS FOREITED SHOULD THEY USE ANY TYPE OF BULK EMAIL (SPAM) CAMPAIGN TO GENERATE TRAFFIC TO THEIR WHOLEFOOD FARMACY AFFILIATE WEBSITE AND / OR TO GENERATE SALES.  Affiliates may also be subject to fines and legal actions as a result of bulk email promotion.  WholeFood Farmacy will cooperate with law enforcement regarding investigation of alleged violations to bulk emailing laws and other laws regarding the conduct of an internet business.

9.  Derogatory remarks or verbal abuse with respect to WholeFood Farmacy, other WholeFood Farmacy affiliates, WholeFood Farmacy products, WholeFood Farmacy's affiliate program, or WholeFood Farmacy directors, officers, or employees will not be tolerated and constitute a material breach of this agreement.

10.  Wholefood Farmacy does not represent, warrant, guarantee or predict any level of sales or profit or response as a result of participating in its affiliate program. Affiliate agrees to hold WholeFood Farmacy harmless from and against any and all losses, claims, causes of action, expenses (including reasonable attorney fees), suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature resulting from an affiliate’s participation in the WholeFood Farmacy affiliate program.   

WholeFood Farmacy will not be liable to any affiliate for any damages, monetary or otherwise, incurred or suffered by an affiliate, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, lost profits, out of pocket expense or loss of data or information regardless of the party responsible or the party who is at fault.

WholeFood Farmacy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED; WITH RESPECT TO THE AFFILIATE PROGRAM OR SERVICES ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WholeFood Farmacy EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE AFFILATE PROGRAM FOR A PARTICULAR PURPOSE.

11.  If WholeFood Farmacy becomes aware of a breach of this affiliate program agreement, possible breach or reason to believe there is a violation hereof, WholeFood Farmacy will attempt to notify affiliate and advise of the nature of the breach or violation.  If affiliate does not take immediate remedial action which is satisfactory to WholeFood Farmacy, in its sole discretion, or in the event of a material breach or violation of this agreement, WholeFood Farmacy reserves the right to terminate affiliate’s account immediately.  WholeFood Farmacy will make a reasonable effort to inform the affiliate prior to the affiliate’s account termination, and to re-establish the account upon receiving such representations from affiliate as WholeFood Farmacy deems appropriate under the circumstances.  In addition, WholeFood Farmacy reserves the right to terminate affiliate’s account for violation of this agreement, promoting WholeFood Farmacy in a manner that is unethical or inappropriate, or for any other reason in WholeFood Farmacy’s sole discretion.

12.  All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

13.  If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in full force and effect. This agreement constitutes the entire agreement between WholeFood Farmacy and affiliate pertaining to its subject matter and supersedes any prior agreements, representations, and /or understandings, whether oral or in writing. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties.

14.  Affiliate accounts and earnings can be inherited or bequeathed, but cannot be transferred or assigned during affiliate’s lifetime without the prior written consent of Wholefood Farmacy, which consent shall not be unreasonably withheld.   In order to maintain a viable marketing program and to comply with changes to federal, state or local laws or changes in economic conditions, Wholefood Farmacy may in its discretion modify this agreement and provide additional policies and procedures for affiliates from time to time or modify the affiliate program.  Such modifications and additions to this agreement or affiliate program modifications, and all changes thereto, shall become a binding part of this agreement upon publication on the official Wholefood Farmacy website.

15.  Affiliate agrees that this agreement is governed under the laws of the State of Tennessee.  Affiliate further agrees that any claim, dispute or other difference between them and WholeFood Farmacy that cannot be otherwise amicably resolved shall be exclusively resolved by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association with the arbitration to occur in Rogersville, Tennessee.  By creating a website that promotes WholeFood Farmacy and its products, affiliate hereby certifies that the affiliate meets the requirements set forth to become an affiliate, that the affiliate has read, understands, and agrees to all of the terms, conditions, policies, and procedures contained herein, and that this agreement shall be in effect upon creating an affiliate's website using the banner/link campaigns provided by WholeFood Farmacy.

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