Paleo Meals To Go Affiliate Program Agreement

TERMS AND CONDITIONS

By participating in the Paleo Meals To Go Affiliate Program (the “Program”), you are agreeing to all of the following Terms and Conditions (the “Agreement”). If you do not agree to or do not understand any of the language in this Agreement, we ask that you not sign up for the Program and that you not participate in any of our promotions. The responsibility to fully understand any & all terms before becoming an affiliate for any of our products belongs to you.

Affiliates are expected to act with honesty, comply fully with Federal Trade Commission (FTC) guidelines, and adhere to all applicable laws. By participating in the Program conducted by Paleo Meals To Go (hereinafter “PMTG”) for any of our products or programs identified below, you (the “Affiliate”) agree to the following Terms and Conditions:

PRODUCT(S) INCLUDED IN THE AFFILIATE PROGRAM

The following product(s) may be promoted by Affiliates in accordance with this Agreement:

HOW TO SIGN UP

Click Here or copy and paste http://www.shareasale.com/shareasale.cfm?merchantID=58743 into your browser and follow the sign up instructions.

HOW THE AFFILIATE PROGRAM OPERATES

The Program operates through the ShareASale network system. The system is set up on a “last clicked” basis. This means that the affiliate link a customer clicked on last (the one that channeled the buyer to make the purchase) will get credit for the sale. ShareASale is able to determine when people making a purchase are doing so through an affiliate link or not.

To demonstrate how the system works, we will outline one (1) scenario detailing successful purchase action, and two (2) scenarios detailing an unsuccessful purchase actions.

SUCCESSFUL PURCHASE ACTION SCENARIO

You share a link to the Product using your designated affiliate link on Twitter. Your Followers see your Tweet and click-through the posted link, arrive at the Product sales page, and make a purchase. You will receive the affiliate payout because your Twitter Follower made a purchase action on PMTG’s website.

UNSUCCESSFUL PURCHASE ACTION SCENARIO 1

You share a link to the Product using your designated affiliate link on your blog. Visitors on your blog page express interest in the Product and click-through, arrive at the Product sales page, but do not make a purchase. You will not receive the affiliate payout because there was not a purchase action taken by the visitor.

UNSUCCESSFUL PURCHASE ACTION SCENARIO 2

You share a link to the Product using your designated affiliate link on your Facebook page. Visitors to your Facebook page click-through, arrive at the Product sales page, but do not make a purchase. For purposes of this example, we will assume that some of the visitors that checked out your Facebook promotion are also on another online influencer’s (“Betty”) mailing list.

A day or two later, Betty writes a persuasive blog post about the Product and sends it out to the people on Betty’s mailing list. The visitors who had seen your earlier Facebook post now click through the link provided on Betty’s blog post and some of them make a purchase. Betty will get credit for the sale, because Betty’s affiliate link was the last one clicked before the purchase was made.

While the purchasers may have first landed on the Product page via your Facebook page, you would not receive the affiliate payout for this sale because the last affiliate link they clicked through to make the purchase was Betty’s.

ELIGIBILITY REQUIREMENTS AND GUIDELINES

There are 5 basic requirements for participating in the Program:

  1. Affiliates must be 18 years of age or older to participate;
  2. Affiliates must be in good standing with the Federal Trade Commission;
  3. Affiliates must be in good standing with PMTG;
  4. Affiliates must be in compliance with all FTC guidelines;
  5. Affiliates must be in compliance with the terms and conditions of this Agreement.

PMTG reserves the right to accept or refuse any Affiliate who enters the Program via the signup form on PMTG’s website, or who drives traffic to PMTG’s brands and websites via product offering an Affiliate payout (the “Sites”).

The Affiliate agrees and understands that if any of its communications associated with or relating to PMTG products or services (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, the Affiliate will be deemed, at the sole discretion of PMTG, ineligible to participate in any further Affiliate promotions, and therefore also disqualified from receiving any further commission, recognition, communication, or compensation from PMTG.

The Affiliate may also be immediately removed from any and all promotions, and may be deemed in violation of this Agreement, and terminated from the Program if, in the judgment of PMTG, the Affiliate’s marketing:

a) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or knowingly links to a site that contains such material;

b) contains information regarding, promotes or links to a site that condones or promotes illegal activity;

c) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;

d) contains, promotes or links to sexually explicit or violent material;

e) uses PMTG’s display banners, brand name, trademarks, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our display banners, images or videos as if they are your own on yours or any other website as it may cause a customer to opt-in thinking they are signing up to receive PMTG’s communications rather than yours. To successfully promote our products, you must establish your own identity, voice, brand and sites, and authentically promote our products and promotions in your own way;

f) is, for any other reason, deemed to be unsuitable by PMTG;

g) offers a cash incentive or discount on product(s) as a means of promotion;

h) runs any paid ad using the term Paleo Meals To Go, any of the URLs owned by PMTG, and/or the name of any product offering Affiliate commissions.

PMTG reserves the right to disqualify and revoke an Affiliate’s standing from the Affiliate Program, to cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend this Agreement at any time without prior notification to Affiliate.

We require that only ethical and honest means be used to promote our Product(s). Should you have a unique idea for marketing any of our Products in a new or unusual way, please request written permission from PMTG Affiliate Manager before undertaking any such efforts.

AFFILIATE LINKS

Affiliate links and any and all promotional materials necessary to promote and offer the Product to Affiliate’s customers via the Affiliate’s sites or emails, including but not limited to banners, graphics, or text ads, are provided in the Affiliate Program ShareASale merchant links/banners section for all relevant Products.

The Affiliate may ONLY utilize their unique link, provided by ShareASale upon joining the Affiliate Program, on the Affiliate’s own websites or emails. The Affiliate may NOT post their link on other websites that are not owned or maintained by the Affiliate, with the exception of ads or social media placements. Spamming the Internet with links outside of Affiliate’s direct email list, websites, or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions.

Links are intended to drive new customers to the Product. The Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means to generate referral commissions.

The Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale.

All customer information collected during Affiliate’s participation in the Program shall be owned by PMTG and it is at the sole discretion of PMTG whether or not the customer information will be shared with the Affiliate.

AFFILIATE COMMISSIONS

The Affiliate will receive a commission of 10% of the sale price for every sale of the Product that is directly referred by the Affiliate to PMTG’s Site through the Affiliate’s unique link or cookie.

As an example of how ShareASale commissions work:

  1. You decide to promote PMTG’s Product online as an Affiliate partner.
  2. A customer clicks on your Affiliate link, goes to PMTG’s website, and purchases the Product.
  3. As a result of the customer’s purchases the Product, it is tracked by ShareASale, and as an Affiliate you receive credit for promoting the sale.
  4. Your commission is calculated based on the net sale price (defined below) and credited to your account.

CALCULATING AND REPORTING COMMISSIONS

When you drive a sale to a product, ShareASale tracks the sale, applies its charges, then calculates the affiliate’s commission by applying the rate set by the merchant (PMTG) to the then net sale amount. The following is an example of the commission calculation for a single product purchase with an established 10% commission rate:

Affiliate Sale: $36.00
PMTG Commission: 10%
Affiliate Earnings: $3.60

Therefore, as the referring affiliate for this sale, you would earn $3.60 for this sale.

GETTING PAID

The goal of being an Affiliate is to get paid for your efforts. To receive your first commission payment, there are two requirements:

  1. You will be paid your commissions, at such time as your account balance is $50 or more.
  2. You must meet the ShareASale Affiliate Requirements.

Once you’ve met these two requirements, you may begin receiving payments.

REFUNDS AND CHARGEBACKS

One question you may have is whether you will still receive an Affiliate commission if the Product is returned or if the customer requests a chargeback on the purchase. Unfortunately, the answer is “no.” All money is returned to the customer, so the vendor and Affiliate must return their portions of the sale as well.

Because of the 30-day return period for all PMTG products, we utilize a return allowance to cover the possibility of returns.

OTHER IMPORTANT CONSIDERATIONS

PMTG is NOT responsible for the Affiliate using or maintaining their Affiliate links and only sales tracked through ShareASale’s system will count towards the Affiliate’s commissions. All sales and commission numbers are tallied by ShareASale and all final sales and commission numbers are at the sole discretion of PMTG.

While PMTG makes every reasonable effort to accurately track and pay commissions for all Affiliate sales, PMTG is not responsible, nor under any circumstances will PMTG be held liable, for any technical difficulties, outside events, actions by other Affiliates, or other uncontrollable events that may disrupt or interfere PMTG’s ability to track sales or pay commissions.

PMTG shall have no liability for any incidental, indirect, or consequential damages, or any loss of revenue or profit that may result from the Affiliate’s participation in this Program.

EARNINGS DISCLAIMER

PMTG works hard to ensure that it accurately represents its Affiliate Program and its earning potential. However, nothing on our Sites or in this Agreement is a promise or guarantee of earnings. PMTG cannot guarantee that you will get any results, or earn any money whatsoever. This is not a “get rich quick” scheme.

The Affiliate alone is responsible for their strategies, actions and results. Any forward-looking statements outlined on our Sites or in our promotions are simply our hopes or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. Each Affiliate’s level of success in attaining results is dependent upon a number of factors including: business savvy, marketing knowledge, dedication, network, and subscriber list. Because these factors differ so widely according to individuals, we cannot guarantee any degree of success, income level, or ability to earn revenue.

As provided by FTC law, we make no guarantees that you will achieve any results from our ideas and we offer no professional, legal, or financial advice.

SPAM AND UNSOLICITED EMAIL PROHIBITED

The Affiliate agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal CAN-SPAM Act.

PMTG will not tolerate any Affiliate who spams any party or individual. As an Affiliate, you agree NOT to send any unsolicited email to any party to promote any of our products. Should an Affiliate be caught spamming, they will be removed from the Affiliate Program altogether, and any commissions or pending commissions will be canceled and/or forfeited.

Spam is defined as emailing or posting to anyone who has not requested information via email or a website. This prohibition also applies to “spamming search engines” with links.

FURTHER RESTRICTIONS

The Affiliate may not use ANY copyright, trademark, service mark, or other trade designations of PMTG without full disclosure and written permission from PMTG.

In addition, Affiliate may not:

a) frame the Affiliate’s website to look like PMTG’s website or utilize PMTG’s branding or trade designations in any way that may confuse customers or the general public as to the host or promoter of such website;

b) take any action that may result in customer confusion as to Affiliate’s relationship with PMTG, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) take place;

c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to PMTG by any person or entity;

d) seek to purchase or register any URLs or other identifiers that include the trademarks, service marks, or names of PMTG, or variations thereof including misspellings or typographical mistakes or which otherwise would constitute domain name squatting, for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise approved in writing by PMTG;

e) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of PMTG or the trademarks or service marks or names of PMTG’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed in writing by PMTG.

PMTG may cancel the Affiliate’s participation in the Program, withhold or cancel commissions, or take any other action at its sole discretion should the Affiliate undertake any of the foregoing conduct or fail to operate with integrity or within the guidelines of the FTC.

RELATIONSHIP OF THE PARTIES

Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employment relationship between PMTG and the Affiliate. Under no circumstances will PMTG be liable for any actions or results of the Affiliate.

Affiliate’s participation in the Affiliate Program is that of a separate and fully independent entity. Affiliate is solely responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance.

CONFIDENTIALITY AGREEMENT

Affiliate agrees not to utilize, exploit, or incorporate any of PMTG’s Confidential Information for its own benefit, directly or indirectly, except with the prior written consent of PMTG.

“Confidential Information” means any information or materials, whether written or oral, tangible or intangible, (i) concerning PMTG, its subsidiaries, businesses, or members, including, but not limited to, markets, finances, prospects, forecasts, know-how, products, processes, discoveries, inventions, innovations, trade secrets, formulae, data, computer programs, strategies, projections, prices, costs, and customer, prospect and supplier lists, sales figures, software passwords, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of PMTG; (ii) all information of third parties made known to Affiliate which was provided to PMTG under the expectation that PMTG would protect the confidentiality thereof or (iii) which Affiliate develops as a direct result of PMTG’s provision to Affiliate of information or materials.

The Affiliate shall not disclose any of PMTG’s Confidential Information or the terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information for the purposes of this Agreement, but shall not disclose the same to any employee(s) or other person(s) who may use such information for any other purpose, and (b) agree in writing to comply with the confidentiality provisions of this Agreement.

This Agreement imposes no obligation of confidentiality on the Affiliate with regard to any information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after without any unauthorized act by or omission on the part of the Affiliate; or (c) which Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure to Affiliate by PMTG; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from PMTG; or (e) in the event Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.

Any breach of this Confidentiality provision may be grounds for legal action, equitable relief, and immediate termination of this Agreement.

INDEMNIFICATION AND LIABILITY

The Affiliate agrees to indemnify and hold harmless PMTG from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Affiliate may be subject to or incur in connection with Affiliate’s participation in the Program, except those claims that are judicially determined to have resulted from PMTG’s gross negligence or willful misconduct.

TERMINATION

The relationship between Affiliate and PMTG may be terminated immediately by PMTG based on a material breach of this Agreement by the Affiliate. This Agreement may also be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses as set forth herein shall survive and will remain in full force and effect in perpetuity.

SEVERABILITY

If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.

CONTACT INFORMATION

Affiliate may contact PMTG at info@paleomealstogo.com