|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Approved commissions, less clawbacks and chargebacks, are paid 31 days following the close of the month in which the commissions were earned. Payments are made by Paypal. No commissions can be paid until you've completed and submitted IRS Form W-9.|
This agreement describes the entire terms and conditions for participation in the DiabeticKitchen.com Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring web site" refers to the web site from which you will link to us. The terms “we”, “our” and “us” refers to Casa Di Fanelli LLC d/b/a DiabeticKitchen.com.
DiabeticKitchen.com is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.You can add or remove links any time you wish:
Affiliate Sales Commissions:
If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by in the future, we shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which is set forth in this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and shipping and excluding returns ("Sales Commission").
The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which we have received full payment will qualify for the specified referral fee.
The total of such sales in any given month will generate commissions, based upon the following schedule:
Amounts less than $50 will be held until the next calendar month in which the cumulative referral fee due exceeds $50, or until this agreement is canceled.
Participant can check the status of commissions earned at any time by visiting the site at the link provided on our site.
If a refund is requested by a customer on a qualifying sale, or customer charges back a qualifying sale, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.
Delivery and Order Processing:
All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. We reserve the right to reject any order at our sole discretion.
The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws and shall hold us harmless for any violations thereof.
customer who purchases a product from our store is deemed to be our customer.
We are not responsible for any representations made by the Participant which
contradict our policies.
Pricing and Availability:All prices shall be established by us. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring web site.
Operation of Web site and Processing:We will make all reasonable efforts to keep our web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. We shall not be liable for any of the consequences of service interruptions, which may occur.
Modification and Cancellation:We reserve the right to change any of the terms and conditions in this agreement, at any time and in our sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.
Independent Contractors:Participants in our affiliate program are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
Term and Termination
You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate's Web Site, and for ensuring that your activities and materials posted on Affiliate's Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold harmless for any violations of the foregoing. disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, 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 GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, 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 OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to 'Clearly and Conspicuously' divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from DiabeticKitchen.com , monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by us and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America as set forth in its Guidelines for Endorsements and Testimonials, and shall not hold us responsible in any way for actions or use of promotional materials not sanctioned by us.
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://bit.ly/2xo8zh4 ) that the Federal Trade Commission of the United States of America has set forth. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for DiabeticKitchen.com.
Failure to do so may (at the sole discretion of DiabeticKitchen.com) result in immediate termination of your affiliate account, and forfeiture of any commissions accrued.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Mediation & Arbitration
If a dispute arises under this agreement, you agree to first try to resolve it with the help of a mutually agreed-upon mediator in Gainesville, FL. Any costs and fees other than attorney fees associated with the mediation will be shared equally by you and us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, you agree to submit the dispute to binding arbitration at Gainesville, FL, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The costs of arbitration will be shared equally by you and us.