Terms and Conditions

FOREWORD

We care about you and we care about us.  Our affiliate program is for the benefit of all. If you have any questions, please use our Contact Us for at the top of every page. 

FYI, you will be automatically added to our Affiliates Email List upon joining this program.  This is list is only to let you know about new products and campaign specials for you to make the most of your affiliate program. You will not be solicited otherwise and your information goes NOWHERE else; it is kept private.  It is mandatory to be included.  If your email changes, please join the Affiliate Email List again.

Blessings,
WholeFamilyProducts.com Affiliate Manager

AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WholeFamilyProducts.com

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in WholeFamilyProducts.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the WholeFamilyProducts.com web site. Please note that throughout this Agreement, “WFP, we,” “us,” and “our” refer to WholeFamilyProducts.com, and “you,” “your,” and “yours” refer to the affiliate.

2. Affiliate Obligations

2.1. Approving applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

  • Promotes sexually explicit materials
  • Promotes violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • You may not create or design your website which leads customers to believe you are WFP or any other affiliated business.

2.2. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site such as guidelines set forth by the FDA and FTC. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.  We are not responsible for statements which are not allowed by the FDA and FTC.

3. Merchant.com Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. 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 web site 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 WFP Affiliate Program.

3.2. WFP reserves the right to terminate this Agreement and your participation in the WFP Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, WFP shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4. Termination

Either you or we 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 breach of this Agreement by you.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. It is your responsibility to keep your information uptodate.

6. Payment

WFP uses Ultimate Affiliate Pro for tracking affiliate sale commissions and payment is made through Paypal Payments.

7. Access to Affiliate Account Interface

Your affiliate dashboard provides you with tools to see commissions due and to track links and campaigns.

8. Promotion Restrictions

8.1. You are free to promote your own web sites.  You may not intentionally or unintentionally cause the public to believe you to be affiliated in anyway with Whole Family Products except by mentioning our affiliate program.  Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates may not use the name Whole Family Products (or forms such as domain name) to deceive the public into believing you are the same. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in WFP ’s service).

9. Indemnification

You hereby agree to indemnify and hold harmless WFP, and its 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) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

10. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

11. Miscellaneous

11.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and WFP. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

11.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

11.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Hampshire without regard to the conflicts of laws and principles thereof.

11.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

11.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

11.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

11.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

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