Functional Nutriments Affiliate Program Agreement
As an authorized affiliate (Affiliate) of Functional Nutriments, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting our products as an Affiliate.
Your participation in the Functional Nutriments Affiliate Program is solely to legally advertise our website in order to receive a commission on products purchased by individuals whom you referred to Functional Nutriments via your own website(s), social media account(s), or through personal referrals.
By signing up for the Functional Nutriments Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application for any reason. Your acceptance into the Program is at our discretion. You will have no legal recourse against us for the rejection or delay of your Affiliate Program Application.
Commissions will be paid on a monthly basis for referrals earned in the previous period. For an Affiliate to receive a commission, the referred account must have not returned the purchased product(s).
Payments will be made via PayPal using the PayPal address you provide on your application. If that PayPal address changes, you must inform us by emailing affiliates@FunctionalNutriments.com. The change of PayPal address should not be considered as completed until you receive written confirmation via email that we made the change in our system.
You cannot refer yourself, and you will not receive a commission on purchased made to you or any individuals in your household. There is also a limit of one commission per referral/household.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Functional Nutriments reserves the right to require license agreements from those who employ trademarks of Functional Nutriments in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
- In addition to the foregoing, Functional Nutriments reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
If you have any questions about what is allowable, you are urged to contact us before you run a promotion using an affiliate link. Send your questions to affiliates@FunctionalNutriments.com
You may use graphics and text links both on your website and within in your email messages. You may also advertise the Functional Nutriments site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
Coupon and Deal Sites
Functional Nutriments occasionally offers a coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply to any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may NOT bid on terms such as “Functional Nutriments Coupons”, “Functional Nutriments Discounts”, “Apocaps Coupons”, “Apocaps Discounts”, “EverPup Coupons”, “EverPup Discounts” or other phrases implying coupons are available from the company or for any of its brands or products.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- The user must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is SPECIFICALLY NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission. (We do occasionally grant such permission, but you must request it in writing and receive approval before engaging in a PPC campaign that links to us.)
Functional Nutriments will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the products sold by Functional Nutriments. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless Functional Nutriments and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Functional Nutriments to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Hawaii. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Maui County, Hawaii.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Functional Nutriments Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Functional Nutriments Affiliate Program application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.