This is a legal document between you, the Affiliate, and the website, oliveandheart.com.
This Agreement contains the complete terms and conditions that apply to Affiliates who participate in the Olive & Heart Affiliate Program, and the establishment of links generated by affiliates to go to website pages located at “oliveandheart.com” (the “Web Site”).
By submitting the online Affiliate application, you are agreeing that you understand and agree to be responsible for the Terms and Conditions of this Agreement.
Content including graphics (banners), products, text and other links, each referred to herein as “links” or “url” individually, as a “link” or “url” is provided via the Olive & Heart Affiliate Program are subject to the terms and conditions of this Agreement. Links that Affiliates agree to display on their web site (blog or social media) are only those provided via the Olive & Heart Affiliate Program.
Affiliate Program Enrollment
To enroll in the Olive & Heart Affiliate Program, the prospective affiliate submits online form via the “Affiliate Area” link provided by Olive & Heart. Once submitted, Affiliate application is considered “pending” until approved by Olive & Heart. Approval is at the sole discretion of Olive & Heart.
Olive & Heart may reject your application at our sole discretion and/or cancel your application if Affiliate’s site is determined to be unsuitable for the Olive & Heart Affiliate Program, including if it:
Access to Your Affiliate Account
Affiliate will create a password in order to enter secure affiliate account, where Affiliate will be able to receive reports that describe progress and view commissions due.
Olive & Heart Rights and Obligations
Olive & Heart has 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 to make sure that your links to our web site are working and appropriate.
Olive & Heart reserves the right to terminate Affiliate participation in the Olive & Heart Affiliate Program immediately and without notice to should the Affiliate commit fraud during use of this Affiliate Program, or should the Affiliate abuse this program in any way. If such fraud or abuse is detected, Olive & Heart shall not be liable to Affiliate for any commissions of fraudulent sales.
Either the Affiliate or Olive & Heart 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 email.
Olive & Heart handles tracking and payment to Affiliate. Payment may be made via PayPal or bank transfer. Affiliate will provide preferred method of payment on application. Note that a 2% processing fee is included in PayPal business payouts.
Payments to affiliates will be made after account balance reaches at least $50.00, on a monthly basis from the date that Affiliate enrolls in Olive & Heart Affiliate Program. High performing affiliates who show progressive increase of sales volume may be eligible to move to bi-weekly payment at the discretion of Olive & Heart.
Payment is in USD (U.S. $) or equal to with the current rate of exchange in USD.
Affiliate is responsible for maintenance and the updating of Affiliate’s website. Affiliate is responsible for tracking functionality, and for notifying Olive & Heart and any malfunctioning of the Required URLs or other problems.
Affiliate may not create or design website or any other website operated by the Affiliate, explicitly or implied in a manner which resembles Olive & Heart’s website, nor design your website in a manner which leads customers to believe you are Olive & Heart.
It is entirely the responsibility of the Affiliate to follow all applicable intellectual property and other laws that pertain to your site. Olive & Heart will not be responsible (and Affiliate will be solely responsible) if Affiliate uses another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
You are free to promote your own web sites, but naturally any promotion that mentions Olive & Heart could be perceived by the public or the press as a joint effort. Certain forms of advertising are always prohibited by Olive & Heart. For example, advertising referred to as “spamming” is unacceptable. Spamming is cause for immediate termination of this Agreement. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple 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 Olive & Heart 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. At all times, you must clearly represent yourself and your web sites as independent from Olive & Heart. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
You agree that you are an independent contractor, and nothing in this Agreement will create any joint venture, agency, sales representative, or employment relationship between you and Olive & Heart. You will have no authority to make or accept any offers or representations on behalf of Olive & Heart.
Affiliates domain names can not contain any variation of the words Olive & Heart at any time, nor can the site resemble oliveandheart.com. Affiliates will not frame its site so that it is confusingly similar to Olive & Heart’s site. Affiliates will not redirect traffic to Olive & Heart’s site where its URL remains in the address when a customer attempts to bookmark, what appears to be, Olive & Heart’s site, as determined by Olive & Heart in its sole discretion. For Olive & Heart products listed for sale on Affiliate’s site, Affiliate will direct customers only to Olive & Heart’s site for the purchase. Affiliate will use the product images and descriptions approved by Olive & Heart and only in the manner consistent with these terms for the promotion and sale of Olive & Heart products.
Affiliates are only authorized to advertise promotion codes that are posted on the Olive & Heart Web site OR promo codes shared by Olive & Heart within the Affiliate Area (Affiliate Account Profile) in compliance with their effective date, unless otherwise pre-approved in writing by Olive & Heart.
Affiliate agrees to not use Olive & Heart’s content on any web site other than its registered Affiliate Network web site without the express written permission of Olive & Heart.
Failure to comply with this section may result immediately in permanent termination from the Merchant’s affiliate program.
Grant of Licenses
Olive & Heart grants Affiliate 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 the Olive & Heart Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Olive & Heart / oliveandheart.com and the good will associated therewith will go into effect to the sole benefit of Olive & Heart.
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.
Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party’s site will not (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation, including, without limitation, any anti-spam or other email or electronic commerce related law; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines (c) it shall not send any email or other form of electronic message or advertisement containing the other’s name, product, web site address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from the sender or sender has a pre-existing business relationship with the recipient; and (d) it shall provide any recipient of such communication with the ability to “opt out” of further communications from the sender either by calling a toll free number or by sending an “unsubscribe” email to the sender.
EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF OLIVE & HEART ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages. Notwithstanding the foregoing, Affiliate shall be liable to Olive & Heart for any and all damages, losses or expenses (including attorneys’ fees and other costs of defense) incurred in connection with all suits, claims, demands, or liabilities whatsoever, in law and equity, arising out of or resulting in any way from any actual or alleged violations pursuant to this Agreement.
The parties agree that the Affiliate Network and its affiliates, officers, directors, employees and agents shall not be liable to either party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.
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.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. By joining or participating in the Olive & Heart Affiliate Program, the Affiliate acknowledges to having read these terms and agrees to abide by them, which may be amended at any time at Olive & Heart’s 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 Olive & Heart’s Affiliate Program rules. Your continued participation in Olive & Heart’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. Affiliates are only eligible to earn commissions on sales which are completed during the term of this Agreement.