1. Affiliate hereby warrants that they are of legal age in their state of their 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/it, in their capacity as an affiliate, is an independent contractor, not an agent, joint venturer, partner or employee of the 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 this affiliate program is a voluntary act on affiliate’s part and does not constitute the sale of a franchise or distributorship and that no fee, no sales aids purchase, 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 a free affiliate website to link to as a participant in the affiliate program. 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. Affiliate website addresses (URLs) that are inactive or that do not produce sales for a period of one year are subject to cancellation and/or reassignment to a different affiliate in Wholefood Farmacy’s sole discretion.
3. Wholefood Farmacy will pay affiliates 7% commission on orders placed through accounts created on the affiliate’s Wholefood Farmacy affiliate website. Commission checks will be mailed to the affiliate’s address of record on the 15th of each month for the prior month during which the sales occurred. Earnings of $10.00 or less will be held on account and added to subsequent earnings. When earnings exceed $10.00 the check will be mailed on the next scheduled monthly mailing date. Commission checks expire if not cashed or deposited within 90 days. A $20 fee applies for replacement of lost checks or checks not cashed within that period which may be deducted from any subsequent check issued to 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.
4. Affiliate will disclose to Wholefood Farmacy either the Social Security number or Tax ID number applicable for the affiliate, upon request 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 graphic images and text appearing on their Wholefood Farmacy 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 Wholefood Farmacy 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 the 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 affiliate complies with all laws, rules and regulations pertaining to the particular media type. Affiliate in any advertising 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 the Wholefood Farmacy, other Wholefood Farmacy affiliates, the Wholefood Farmacy products, the Wholefood affiliate program, or the 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 and 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 affiliate prior to 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. This paragraph applies ONLY to Wholefood Farmacy Distributors who joined Wholefood Farmacy between February 27th, 2003 and July 21st, 2008. Affiliates having a relationship with Wholefood Farmacy under the prior and discontinued Referral Rewards Program are required to place an order of at least $40 per month, in any given month in order to receive affiliate commissions for that same month. Such affiliates will earn 7% affiliate commissions on all new referrals and all past referrals that enrolled on the affiliates Wholefood Farmacy website.
14. 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.
15. 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.
16. 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 Wholefood Farmacy affiliate website 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 the affiliate’s Wholefood Farmacy website.
17. Return, Refund, & Exchange Policy
Updated 4-9-09
Product Returns: The Wholefood Farmacy is UNABLE to accept product returns for a refund or exchange, because returned products, even if unopened, can not be placed back in our inventory due to the nature of the product.
Defective Products: A defective product purchased from The 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 and return instructions within this 10 calendar day period by calling The Wholefood Farmacy Order Line at 866-661-5011 Mon-Fri 8am-5pm Eastern time.
Damaged Products: Sometimes products purchased from The Wholefood Farmacy may be damaged en route. If a package has been damaged in shipping DO NOT OPEN THE PACKAGE, since the carrier is responsible for the damage. In order to make a claim against the carrier, The Wholefood Farmacy Affiliate must act quickly. If there is uncertainty as to the condition of the product, but you suspect it may be damaged, feel free to call The Wholefood Farmacy Order Line for help. Do not return carrier-damaged merchandise to The 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, an Affiliate finds 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/Changed Orders: All orders cancelled/changed prior to shipping will be assessed a 15% (fifteen percent) cancellation/changed 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 $25 shipping and handling fee. |
