Edens Garden Influence Program Terms & Conditions
Definitions. The EG Influencer Program (The “program” or the “Affiliate Program”) is offered exclusively by Edens Garden (alternatively, "EG" "We", "Us" or "Our"). You have expressed interest in participating in the “Edens Garden Affiliate Program”. These Terms and Conditions regulate and govern the EG Affiliate Program and EG’s relationship with the members of the Program (“Members,” “Member,” "Affiliates,” “Affiliate,” “You,” or “Your”). Please read and review this entire agreement. This is a legally binding agreement between You (Affiliate) and Edens Garden (www.edensgarden.com). By filling out the Edens Garden Affiliate Program application form, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
A breach or violation of any of the Terms will result in an immediate termination of Your Services.
By agreeing to these Terms & Conditions and filling out the application, you represent that You are at least 18 years of age or older.
Eligibility & Accuracy. Edens Garden will review all information submitted through this application to determine the eligibility of the applicant. When filling out the application you must provide accurate and complete information. By submitting this application, you are agreeing that all information provided is accurate and up to date. EG has the right to verify the truth and accuracy of any registration information at any time. Please be advised that if any information is determined by Edens Garden to be misleading, inaccurate or untruthful, Edens Garden has the right to deny your application. You will be notified of Your acceptance or rejection within 1 business week of submitting this form. We may reject your application at our sole discretion and may cancel your application if we determine that your site is unsuitable for our Program.
Affiliate Obligations. Once Your application is approved, EG may re-evaluate Your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any reason at any time. Examples of reasons your account may be terminated include:
1. False advertisements concerning Edens Garden 2. Spamming using your affiliate link (see “Anti-Spam” section of this Agreement) 3. Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law 4. Harassment or intimidation of others on your website or social media pages 5. Content deemed to be graphic or explicit by Edens Garden 6. Promotion of illegal activities 7. Usage of technology to potentially divert commission from other affiliates in our program.
Edens Garden reserves the right to review your placement and approve the use of your affiliate links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate. You may not use your own link to make purchases. You may not knowingly allow others to repeatedly use your affiliate link to earn a commission. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Edens Garden Affiliate Program.
Program Participation. Upon approval of your application, you will receive access to your affiliate profile. You will also receive a Qualified Link to post on your website, blog, Instagram, Twitter, etc. This link will have a tracking system in it, and you must use it unaltered when posting to qualify as a referral. You will place or use Qualifying Links only with the intention of delivering the agreed upon tracked activities. You may not, nor knowingly permit any person to, activate or attempt to activate a Qualifying Link or inflate or attempt to inflate the amount of any sought-after or resulting tracked activities.
Payment. Edens Garden uses a third party to handle all of the tracking and payment. The third party is the affiliatly.com affiliate network. Kindly review the network’s payment terms and conditions. You will create a password so that you may enter Affiliatly secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. It is the member's responsibility to enter payment email in their Afilitaly Account Settings upon enrollment. If the email changes, it is the responsibility of the affiliate to notify the Affiliate Program (Affiliatly) to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses. Any compensation you receive as a part of your Program Agreement is confidential. You may disclose any such confidential information only to your employees, officers, directors, lawyers or business advisors who need to know such information in order to perform their respective duties; provided that each such person has a legal or contractual obligation to maintain the confidentiality of such information.
Order Fulfillment. Edens Garden will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Edens Garden products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on eBay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Edens Garden will also be solely responsible for all customer service inquiries. All affiliates understand and acknowledge that no physical products will be shipped. Customers who purchase products through the Edens Garden Influencer Program will be deemed to be customers of Edens Garden. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products may vary from time to time. Edens Garden policies will always determine the price paid by the customer.
Permitted Usage. The following are permitted uses of the Edens Garden brand and marketing resources Affiliates are permitted to use the graphical banners and design resources located in the "Creatives" tab of their Refersion account. Additionally, Affiliate Ambassadors are permitted to use promotional images from the Edens Garden website and social media accounts. Affiliates MAY NOT use the Edens Garden logo, logo marks or other Edens Garden website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Edens Garden. Affiliates MAY NOT use the term "Edens Garden" in ANY variation in their site URL ex. Affiliates MAY NOT promote coupons that were not provided to them personally by Edens Garden.
Edens Garden Anti-Spam Policy. Edens Garden strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: 1. Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt-in subscription; 2. Messages posted to forums, Twitter, Facebook, Instagram and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after an investigation. 3. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.4. Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system; 5. Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws. Upon the receipt of a credible complaint, the Edens Garden Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid commission on the account. At EG’s discretion, termination may not only result in being banned from the affiliate program but also be banned from ANY other internal affiliate programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at firstname.lastname@example.org
General. Headings are for reference purposes only and do not limit the scope or extent of such section. These terms and conditions and the relationship between you and EG will be governed by the laws of the State of California without regard to any conflict of law provisions. You and EG agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with these Terms and Conditions. The failure of EG to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign your Affiliate Program status or commission to any other party.
Modification. We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
Limitation of Liability. Edens Garden will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Edens Garden will not be liable for the consequences of any interruptions or errors. Interpretation of Rules. EG has the sole discretion to interpret and apply these Terms and Conditions, and any rules promulgated in relation to the Program, and all questions or disputes regarding them will be resolved by EG in its sole discretion. Reservation of Rights. Nothing in these Terms and Conditions will limit EG from exercising any legal rights or remedies that it may have.
Miscellaneous. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the Edens Garden Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.