Affiliate Terms and Conditions
Effective date: 10/20/2020
Affiliate Terms & conditions
Last Updated: August 11, 2023
Please read these Affiliate Terms and Conditions carefully before using the Peas and Hoppiness Affiliate Program operated by Ann Kent LLC, a Colorado Limited Liability Company. Your use of the Affiliate Program is conditional upon your acceptance of these terms. If you disagree with any part of these terms, then you do not have our permission to use our Affiliate Program.
The purpose of this agreement (the “Agreement”) is to clarify the relationship between and the techniques allowed in the Peas and Hoppiness (“PH”) affiliate program, known also as the partner program or referral program (“Affiliate Program”). “Affiliate” and “You” refers to the partner sending traffic and receiving commissions or other consideration.
By participating in the Affiliate Program, You agree that you are a duly authorized representative of Your organization and that You will be bound by the terms of this Agreement.
Qualification and Approval
The following types of persons or companies will be considered for our Affiliate Program:
- Registered Dietitians and other credible nutrition professionals;
- Fitness and wellness professionals;
- Other health professionals;
- Social media influencers;
- Health, beauty, and fitness companies; and
- Individuals with a network of busy families.
If you or your company do not fit into one of the categories above, please contact us at [email protected] to express your interest as you may still qualify for the program.
We reserve the right to approve or reject any application for any reason or no reason, in our sole discretion.
If you are approved as an affiliate, your affiliate account will be automatically created when you create your PH Affiliate account. You may view your promotional link, promotional banners, create custom links, and view number of clicks, number of conversions, and payout information under the Affiliate Dashboard in your PH Affiliate account.
We reserve the right to terminate your affiliate and/or PH account(s) at any time for any reason or for no reason, in our sole discretion.
Affiliates must use acceptable tracking links from the Affiliate dashboard to receive credit for their traffic. More than one tracking link may be active at a given time. PH reserves the right to review placement of links. While active in the Affiliate Program, Affiliate will have a non-exclusive, non-transferable, revocable right to send traffic to PH through provided links with approved copy. Affiliate agrees to not use PH’s materials in any way that is disparaging, misleading, obscene, or otherwise negative.
Please reference the Tracking Center(s) for current program commission structures. “Terms”. PH may change the program Terms from time to time. If new Terms are unacceptable, Affiliate’s only recourse is to end participation in the program.
Depending upon which arrangement is selected, you may receive a one-time commission payment or recurring payments. The payment arrangement agreed upon will be displayed in your Affiliate Dashboard.
In order to receive payment, you must provide your PayPal account information under the “Account” tab in your Affiliate Dashboard. All affiliate payments will be processed on the first Monday of the month for the previous month’s signups (“Affiliate Fees”). All Affiliate Fees will be paid in US Dollars ($US). Notwithstanding anything contained herein to the contrary, no Affiliate Fees will be issued for any amounts due to Affiliate that total less than fifty dollars ($50.00) (“Payment Threshold“).
Recurring commissions will be paid for as long as the referral pays PH. Payments will be sent for successful transactions only. Transactions that have been refunded or charged-back do not qualify for commissions. If your account is terminated, you will no longer receive any commissions.
Every Affiliate must have a unique, valid taxpayer identification number, valid Social Security Number, or other applicable unique government identification. Affiliate shall be responsible for all applicable taxes.
Affiliates are not eligible to earn commissions on orders placed for them or their household.
Affiliate agrees to receive communications from PH from time to time.
The following is a non-exhaustive list of the behavior that we find inappropriate and that may lead to the termination of your affiliate account:
- Using or promoting sexually explicit materials; violence; discrimination; infringement on others’ intellectual property, including copyright and trademarks; harmful software, including toolbars; or other things that may be illegal or immoral;
- Spamming, including the sending of unsolicited commercial emails, over-posting to communities or newsgroups, etc. If You are uncertain if a potential campaign constitutes spam, You agree to contact PH for guidance;
- Fraudulent transactions or self-referrals, such as by creating fake transactions like email submissions or purchases. Any violation of terms, including fraud, is liable to immediate reversal of commissions, termination of the program, and notification to appropriate parties;
- Posting or advertising on websites that promote illegal activities, gambling, violence, pornography or other similar material;
- Failing to disclose our affiliate relationship in accordance with the Federal Trade Commission Endorsement and Advertising Guidelines;
- Violating our intellectual property rights;
- Using misleading text or images to incite others to sign up for PH;
- Submitting your affiliate information to deals or coupon sites.
Without explicit written permission, PH Affiliates agree not to advertise themselves as PH, such as by marketing similar or deceptive domain names or purchasing trademark related keywords.
PH reserves the right to repost anything you share on social media related to Peas and Hoppiness products. Will will tag your social media account in any reposted content.
WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, THE AFFILIATE PROGRAM, THE PH PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PH makes no express or implied warranties or representations on its products or services. PH assumes no liability under this Agreement for negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or good will or anticipated profits or the like), even if PH has been advised of the possibility of such damages. Further, notwithstanding anything contained to the contrary in this Agreement, in no event shall PH’s cumulative liability in whatever form or forms arising from this Agreement exceed the total fees paid to You.
You hereby agree to indemnify and hold harmless PH and its parent or subsidiaries and affiliates and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees. (“Losses”).
Governing Law, Dispute Resolution and Venu
These terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our Affiliate Program, and supersede and replace any prior agreements we might have had between us regarding the Affiliate Program.
Any controversy or claim arising out of or relating to these Affiliate Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Larimer County, CO.
Confidentiality and Termination
Affiliate agrees to keep confidential any and all information marked as such.
Affiliate acknowledges status as independent publisher and that nothing in this Agreement creates a Joint Venture, partnership, agency, franchise, employment, or similar relationship between You and PH. Affiliate has no authority to make or accept any offers or representations on behalf of PH.
Either Affiliate or PH may terminate this Agreement at any time. Termination may be initiated by communication or through the Tracking Platform, when possible.
PH reserves the right to change this Agreement from time to time.
If any provision in this Agreement is held to be invalid or unenforceable, all other provisions shall remain in full force and effect.
If you have any questions about these terms, please contact us:
Ann Kent, owner of Peas and Hoppiness
2509 Spruce Creek Dr.
Fort Collins, CO 80528
Affiliate Terms and Conditions Effective as of August 11, 2023