TREE TRIBE AFFILIATES
Please read this entire agreement.
In summary, we're a company dedicated to giving back to the Earth on every sale. We're all about positive energy and doing good in the world. As an affiliate, we ask that you respect our brand and mission, and in return we'll respect and help you however we can to increase your affiliate sales.
Once you signup, you will be able to view our affiliate offers and get referral links. We use Refersion affiliate software connected to our website, so you will be able to log in and check your stats any time.
We're working to expand our product line into additional accessories and clothing items. We'll notify affiliates via email when new products or promotions are available.
We're open to suggestions, please contact us for any requests on banners/graphics, or any suggestions that will help your success as an affiliate.
Thanks,
Tree Tribe
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AFFILIATE AGREEMENT
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PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TREE TRIBE, LLC (TreeTribe.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.
SUMMARY
We ask that you don't abuse the program, misrepresent us, or do anything spammy that compromises the integrity of our brand.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in TreeTribe.com's Affiliate Program. The purpose of this Agreement is to allow linking from your website/social media channels to TreeTribe.com, and getting commission for sales that you refer. Please note that throughout this Agreement, "we", "us", "our", and "TreeTribe.com" refer to Tree Tribe, LLC, and "you," "your," and "yours" refer to the affiliate. The term "site" and "website" applies your website, blog, or social media channels.
2. Affiliate Obligations
2.1. To begin the enrollment process, complete and submit the online application. We are partnered with Refersion affiliate program management software. We may reject or cancel your application if we determine that your site/brand is unsuitable for our Program, including if it:
2.1.1. Goes against our values.
2.1.2. Promotes destruction to the Earth.
2.1.3. Promotes violence or illegal activities.
2.1.4. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.5. Promotes sexually explicit materials or contains adult content.
2.1.6. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law.
2.1.7. Includes "Tree Tribe" or variations or misspellings in its domain name.
2.1.8. Is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or negative.
2.1.9. Contains software that potentially enables diversions of commission from other affiliates in our program.
2.1.10. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are TreeTribe.com or any other affiliated business.
2.2. As a member of TreeTribe.com's Affiliate Program, you will have access to the Affiliate Account Manager. Here you will be able to review our Program’s details, download HTML code (that provides links to web pages within TreeTribe.com) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links provided.
2.3. TreeTribe.com reserves the right, at any time, to review your placement and approve the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any 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.
3. TreeTribe.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 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 TreeTribe.com Affiliate Program.
3.2. TreeTribe.com reserves the right to terminate this Agreement and your participation in the TreeTribe.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the TreeTribe.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, TreeTribe.com 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 via email. 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. Modifications may include, but are not limited to, changes in the payment procedures and TreeTribe.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in TreeTribe.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
6.1 Payments will be made via PayPal on a monthly basis. Previous month's commissions will be disbursed on or before the 5th of each month.
*There is a 15 day hold on commissions to ensure authenticity. Any commissions made within the 15 day window prior to payout will be credited on the next payout.
6.2 Commission is based on product sales minus any discount code customer uses (if applicable). Tax and shipping charges are not counted toward commission.
7. Access to Affiliate Account Interface
You will create a password so that you may enter the secure affiliate account interface. From there you will be able to receive your reports that will describe the calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions TreeTribe.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by TreeTribe.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial forums/newsgroups and cross-posting to multiple forums/newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote TreeTribe.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to forums/newsgroups to promote TreeTribe.com so long as the forum/newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from TreeTribe.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the TreeTribe.com 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. Bidding on our brand keywords and linking directly to our site is prohibited. For example: Pay-Per-Click campaigns using keywords such as treetribe.com, Tree Tribe,
www.treetribe,
www.treetribe.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – you must direct the traffic from such campaigns to your own website prior to re-directing it to ours. We reserve the right to expel any violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Tree Tribe’s site (i.e., no page from our site or any TreeTribe.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open TreeTribe.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) 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 TreeTribe.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of TreeTribe.com and the good will associated therewith will inure to the sole benefit of TreeTribe.com.
9.2. Each party agrees not to use the other's 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.
10. Disclaimer
TREE TRIBE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING TREE TRIBE'S SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF TREE TRIBE'S ABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. 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;
11.2. 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;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. 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 TREE TRIBE'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.
13. Indemnification
You hereby agree to indemnify and hold harmless TreeTribe.com, 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.
14. 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.
15. Miscellaneous
15.1. 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 TreeTribe.com. 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 of your digital properties, that reasonably would contradict anything in this Section.
15.2. 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.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. 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.
15.7. 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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