|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate in the La Dulce Vida CBD Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to La Dulce Vida, and “you,” “your,” and “yours” refer to the Affiliate, in this case which is the party that signs up and agrees to the Terms and Conditions set forth in this agreement with the goal of generating revenue and income through affiliate marketing.
This agreement (the "Agreement) is made between La Dulce Vida (the "Company"), and the Affiliate, and collectively, (the "Parties") for participation in The Company's affiliate program.
Affiliate wishes to include certain materials promoting Company, and to include a link to Company's website within those materials on Affiliate's website;
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
2. La Dulce Vida Affiliate Program Rates
In exchange for Affiliate's display of the Promotional Materials, and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission on every dollar on each total sale that occurs when a sale is made from your registered and tracked affiliate link. The visitors MUST be unique and the link MUST be used. By unique links, this refers to current and existing La Dulce Vida visitors and customers who have purchased from or visited La Dulce Vida during the cookied affiliate timeframe. The current La Dulce VIda Affiliate Program Cookie is valid for 30 days, offering 30 days of sales commission from each single time your unique affiliate link is clicked by a unique user.
The La Dulce Vida Affiliate Program Commission percentage is subject to change by the Company at any time. Notification to Affiliate of any change in commission percentage will be given by Company at the email address on hand for the Affiliate. Commission will be based on purchases made by a user.
Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of discovering such discrepancy.
3. La Dulce Vida Affiliate Program Payment Terms
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. As such, Affiliate will provide the Company with an accurate tax identification number. The tax identification number can be submitted during the enrollment process or by submitting IRS Form W9. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.
Commissions are paid on a monthly basis by PayPal. The pay period ends on the last day of the month.Commissions are held for a period of 7 days from the end of the pay period to protect Company in the event of any fraud that may occur.
If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $50.00, then such accrued and payable balance may be held over to the following month, and paid together with the Commissions due for that month.
In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
4. Affiliate Dashboard and Account Access
Upon agreeing to the terms and conditions set forth, Affiliates will create and register for our third party affiliate application “Refersion”. Through our third Party application, you will create your own unique username and password to sign up and join the La Dulce Vida Affiliate Program. Through this portal, you can access Refersion’s secure affiliate account dashboard. From this dashboard and interface you will be able to receive your reports that will describe our calculation of commissions due to you.
5. Grant of Licenses
La Dulce Vida grants to you a non-exclusive, non-transferable, revocable right to access our site through HTML links solely in accordance with the terms of this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of La Dulce Vida and the goodwill associated will insure to the sole benefit of La Dulce Vida as well. Participation in the Affiliate Program confirms in writing you agreement to not use the proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
6. Affiliate Linking and Promotional Materials
As an Affiliate, you may promote and advertise your affiliate link using graphics and text links through digital marketing methods on the world wide web. You may only use graphics and texts provided by La Dulce Vida as found on our social media or our website (https://ladulcevidacbd.com).
Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company's website, as specified by Company.
The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications:
Affiliate may not use any graphic, textual or other materials to promote Company's website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
Affiliate may only use the Promotional Materials for the purpose of promoting Company's website (and the products and services available thereon), and for linking to Company's website.
Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
The Promotional Materials will be used to link only to Company's website, to the specific page and address as specified by Company.
Company hereby grants to Affiliate a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth above.
Affiliates may not use their own unique link to make purchases for affiliate credit.
7. Revocation of Affiliate Status
Affiliation will be cancelled if this contract is broken. Affiliation can be cancelled with no warning in cases of suspected fraudulent activity. If La Dulce Vida affiliation is revoked, Affiliate will be considered banned for life and unable to rejoin the Affiliate Program at any time. Affiliation can be immediately revoked for the following reasons regarding inappropriate/unsuitable content: False advertisements, Spamming of affiliate link, Usage of Copyrighted Materials on your website, Harassment or Intimidation of others on your website or platforms, and / or any content deemed to be explicit by La Dulce Vida.
8. Usage of Brand Name
The brand name “La Dulce Vida” and/or “La Dulce Vida CBD” cannot be used in any part as any element of your website URL, blog address or title, Facebook Page or Profile, YouTube Channel, Google+ Profile, Twitter Handle, Instagram Username, or any domain or digital profile or presence associated with your unique affiliate account and unique affiliate link.
9. Copyright and Trademark Infringement
La Dulce Vida reserves the rights and will actively seek legal action against affiliates that infringe on our copyrights and registered trademarks, or that replicate our product designs under a different brand.
10. Terms of Agreement
The terms and conditions of this agreement will begin upon signup and registration for the La Dulce Vida Affiliate Program and will end when your affiliate account has been terminated. The terms may be modified by us at any time. If you do not agree with any modifications, you may ask to have your affiliation cancelled.
11. FTC Guidelines
Affiliates MUST abide by all state and federal consumer protection laws and regulations including the Federal Trade Commission (FTC) Act and the CAN-SPAM Act. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed.” Affiliates can read the full FTC text at: Federal Trade Commission 16 CFR Part 255, Guides Concerning the Use of Endorsements and Testimonials in Advertising. We reserve the right to terminate our relationship with any non-compliant affiliates and require our affiliates to adhere to the FTC’s rules. Failure to do so will result in immediate affiliation revocation.
12. False Statements
Registration and participation in the La Dulce Vida Affiliate Program ensures your agreement that you may not and will not make any misleading, false, or untrue statements in any of your marketing campaigns or initiatives. In order to avoid conflicts and to protect the integrity of the La Dulce Vida brand, La Dulce Vida reserves the right to suspend any affiliates activities and thus their commissions for phrases generating sales that La Dulce Vida determines to be untrue or inflammatory claims of our products, services or websites.
13. Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
14. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, 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 GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MERCHANT.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless La Dulce Vida, and its subsidiaries, brands, and affiliates, along with any and all 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 (iv.) the loss or shut down of any social media platform including Instagram. Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials. Affiliate shall indemnify Company for attorney fees of any CAN-SPAM violation resulting in litigation.
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.
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 La Dulce Vida, an online website and e-commerce marketplace. 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. You are not a Distributor and should not be referred to as such.
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.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
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.
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.
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. Modifications may include, but are not limited to, changes in the payment procedures and La Dulce Vida Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in La Dulce Vida Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.