Aloe Cadabra® Affiliate Agreement
Our affiliates are very important to us.
We do our best to treat you with the fairness and respect you deserve.
We simply ask the same consideration of you. We have written the following
Affiliate Agreement with you in mind and to protect Live Well Brands, Inc.
reputation. Please understand this is a legal formality and if you have
any questions or concerns, do not hesitate to let us know. We believe in
honest communication and can be reached at: (805)641-0441
All the Best
Jennifer Miller
Affiliate Manager
Affiliate Agreement
The following are the terms and conditions of participating in the Aloe Cadabra® Affiliate Program.
"Affiliate" refers to yourself, and "Live Well Brands" refers to the manufacturer of Aloe Cadabra,
Live Well Brands, Inc., located at 2568 Channel Drive, Ventura CA 93003
and available by phone at 805-641-0441.
Payments and Commissions
Live Well Brands will pay the Affiliate a 10% commission on all “Product Sales”
(excluding shipping & handling) which are identified by a visitor from Affiliate
using their unique Affiliate Coupon Code (the “Coupon Code”). If that customer
referred from the Affiliate repurchases at least once every 12 months a
10% commission (the “Commission”) on all Product Sales will continued to be
paid REGARDLESS if they use your unique Affiliate Coupon Code on their
subsequent purchases because you introduced them to us.
You are aware that Coupon Codes will be periodically updated, as often as every
30 days, to provide different benefits to the customers the Affiliate refers to Live
Well Brands and who purchase on the Aloe Cadabra website which will insure
your customers receive great promotions because of you (e.g. some months
they’ll receive shipping discounts, other months they’ll receive percentage
discounts and sometimes could receive both). The key point to be aware of is
that once a customer has used your unique Affiliate Coupon Code they will be
tracked from that point onward in order to provide you with a commission for
their sales provided they purchase at least once every 12 consecutive months.
What they receive when they purchase will depend upon which promotion
Live Well Brands is running at that time, in Live Well Brands’ exclusive
determination, and will be changed from time to time.
In addition to a Commission being paid for sales by individuals that you refer to us
by using the Coupon Code, Live Well Brands will also pay a 5% Commission on all
sales (excluding shipping & handling) to any wholesale customer who purchases
directly from Live Well Brands through the website, or otherwise, where the product
is shipped directly to that wholesale customer, provided that the prospective
wholesale customer is “cleared” for an approach by the Manager of Affiliate
Relations (the “Affiliate Manager”) prior to initial contact. The process of “clearing”
a prospective wholesale customer is to contact the Affiliate Manager by email with
the name and location of the prospective customer, and receiving written clearance
back from the Affiliate Manager that a contact with the prospective customer is approved.
Affiliate commissions shall be paid by company check for Commissions earned
in a given calendar month, calculated approximately 15 days after the end of the
month to which the Commission relates, less any sums held back for sales which
may be deemed by Live Well Brands to not yet be “final.” Live Well Brands reserves
the right to modify the payment schedule, and all other terms of this Affiliate
Agreement, at any time at their sole discretion as set forth below.
Although the Affiliate Program is not limited to the U.S. all Commissions will be paid
in U.S. dollars. If a qualifying sale is canceled or refunded, the related Commission
will be deducted from the next monthly Commission payment.
Independent Contractor Status
Affiliates are NOT employees of Live Well Brands and are responsible for their
own hours of work, places and methods of working and otherwise controlling their
own behavior, including being solely responsible for all local, state, or country taxes
of any type. All Affiliate applications are subject to approval by Live Well Brands,
and any such application once accepted can be revoked at any time, for any
reason, at Live Well Brands’ exclusive discretion. Term "Affiliate" shall not be
interpreted as a legal partner or affiliate, but simply as an independent contractor
for Live Well Brands under this Agreement.
Affiliate Coupon Code
As noted above, you will be issued a unique Affiliate Coupon Code" which allows
Live Well Brands to identify visitors as originating from you. These visitors are tracked
by initial use of the Affiliate coupon code and sales are recorded with your Affiliate
account. To receive the above referenced Commissions, the first order from a referral
of yours must use your distinct Affiliate Coupon Code. The coupon itself may be issued
to prospective customers verbally or in various written or electronic forms such as
a Facebook posting, banner, image, or text link. Affiliate may use their own Coupon
Code to order services from Live Well Brands.
Rights Under this Agreement
Affiliate has the right to earn Commissions on this Affiliate Agreement consistent with
the terms hereof for as long as this Agreement remains in effect for the respective Affiliate.
Live Well Brands reserves all rights in or to its trademarks and service marks but they
may be used by Affiliate in accordance with this Agreement and requires written use
of all its proprietary logos, trade marks, service marks and the like to be pre-approved
by Live Well Brands’ Affiliate Manager. The Aloe Cadabra logos and trademark may
never be used to register internet domain names for any purpose. Affiliate may in no way
ever display a Live Well Brands or Aloe Cadabra logo, image, or trademark which may
be deemed to be distasteful, defame, or misrepresentative of any fact.
Affiliate shall not verbally or in writing misrepresent Live Well Brands products or
services. Affiliate is solely responsible for ensuring that their referrals are using the
correct Coupon Codes to qualify for commissions.
Affiliate agrees not to send unsolicited mail or electronic SPAM mail to promote any
of Live Well Brands products or services. This action WILL RESULT in immediate
termination of your account with a cancellation of any pending commissions.
Prohibited Sites
Websites that promote violence do not qualify for the Affiliate program. Websites that
promote sexual violence or discrimination based on: race, sex, religion, national origin,
and physical disability, shall not be accepted. Websites that promote illegal activities
shall never be deemed acceptable hereunder. Prospective Affiliates are counseled to
not apply if a website s/he is currently involved with promotes any of the foregoing
prohibited activities. By applying, you are stating that all websites with which are
currently affiliated, and all those with which you become affiliated in the future, do
not directly promote or endorse these prohibited activities.
Termination of Agreement
This Agreement remains in effect until cancelled by either party. Either party may
end this Agreement at any time, with or without cause, by giving the other party
written notice. Written notice can be in the form of mail, email or fax. In addition,
this Agreement will terminate immediately upon any material breach of this
Agreement by you as an Affiliate. Commissions earned through the date of expiration
or cancellation of this Agreement will remain payable, subject to appropriate set-offs
as may be applicable, and then only if the qualifying sales are not cancelled or
refunded by the referred Customers. Payment of the final Commission payment to
the Affiliate may be withheld for a reasonable time in order to ensure that the
correct amount is paid.
Disclaimer
Live Well Brands will make every reasonable effort to assist Affiliate to track and
receive Commissions for all sales that apply to Affiliate, but the primary responsibility
for assuring the correct Commissions are paid lies with Affiliate who did the customer
referral. Notwithstanding the foregoing pledge of assistance, Live Well Brands is not
responsible for technical problems, acts by third parties, or other events outside its
reasonable control.
Privacy
To protect Live Well Brands customer privacy, we may not be able to provide identifying
customer names and contact information to you at all times. However, we will provide
such reports and other data for your records upon written request to the extent Live
Well Brands is reasonably able to do so at an appropriate cost.
Limitation of Damages
Live Well Brands shall not be held liable for any indirect, incidental, special or
consequential damages or any loss of revenue or profits arising under or with respect to
this Agreement or program, even if Live Well Brands has been advised of the possibility
of such damages. Live Well Brands’ aggregate liability arising under or with respect to
this Agreement or the program shall in no event exceed the total Commissions paid or
payable by Live Well Brands under this Agreement to the individual Affiliate to which a
loss claim might apply.
Affiliate understands that Affiliate tracking can never be 100% accurate and Live Well
Brands is not responsible for inaccuracies that might occur beyond its control. Tracking
of Affiliate sales depend on several factors, some of which are out of the control of Live
Well Brands. It is the goal of Live Well Brands to make Affiliate tracking as accurate as
possible as a way to support the Affiliate’s success and the success of Live Well
Brands itself.
Warranty Disclaimer
Live Well Brands makes no warranties expressed or implied with regard to its
Affiliate Program except as outlined in this Agreement.
Governing Law
This Agreement shall be governed by the laws of the State of California.
Subsequent Modifications
This Agreement shall be modified at any time, without notice, by the posting upon
Live Well Brands’ website and Affiliate formally consents and agrees to be bound
by the terms of any such subsequent version of this Affiliate Agreement the moment
it is posted upon Live Well Brands’ website.
THE END AND THANKS FOR JOINING THE AFFILIATE PROGRAM
Click to view full agreement.
