This Agreement contains the complete terms and conditions that apply to your participation as an affiliate with Wild Abundance (WA).
By agreeing to receive this document and become an affiliate for our courses, you are consenting to this affiliate agreement, which are the terms and conditions for our affiliate program.
As used in this Agreement, “we,” “us” “WA” or “Wild Abundance” means Wild Abundance, LLC and “you,” “your” or “Affiliate,” refers to you as an individual or business entity. In other words, “you” refers to you.
The term of this Agreement shall be exactly 1 year from the date of signing. Terms may change after the duration of one year.
WA or the Affiliate may cancel this Agreement for any reason at any time.
3. PROMOTIONAL MATERIALS
Wild Abundance shall make available to Affiliate certain graphic and textual material for display and use on the Affiliate website (the “Promotional Materials”) to be used as the Affiliate sees fit.
4. USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s website shall conform to the following terms, conditions and specifications:
1. Affiliate may only use the Promotional Materials for the purpose of promoting WA’s website (and the products and services available thereon), and for linking to WA’s website.
2. The Promotional Materials will be used to link only to Company’s website, to the specific website page specified by Company.
5. LIMITED LICENSE TO USE INTELLECTUAL PROPERTY
Upon acceptance into the Affiliate Program, Wild Abundance grants the Affiliate a revocable, nonexclusive, worldwide, royalty free license to use the Promotional Materials provided by Company during the term of this Agreement. The Affiliate may display these materials on the Affiliate’s website for the sole purpose of participating in the Affiliate Program. Upon cancellation by either party, Affiliate’s limited license to use the Promotional Materials for the purpose of promoting the products and/or services offered through the Affiliate Program, will cease as of the cancellation date.
a. Affiliate will be paid a referral fee (“Commission”), for each customer who completes a purchase on the Company website using the unique affiliate link assigned to Affiliate (“Link”). Commissions will be calculated based upon the Gross Sales Price. Gross Sales Price is defined as all payments received by the Company by the sale of the product, but not including any shipping and handling, sales tax, finance charges, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, amounts due to credit card fraud, credits given to customers, bad debt rightoff and refunded products or services. The Affiliate shall be paid Commissions only on sales that are tracked through the Company’s online tracking system and indicate the Link as the source.
b . The commission rate will be 10% (ten percent) of the gross sales price of each completed purchase made through the Affiliate’s link and actually paid to WA. If a customer signs up and is accepted for our apprenticeship program, the commission will be a flat rate of $250.
c . Commissions will be paid to the Affiliate on a monthly basis. Commissions will be adjusted for orders that are cancelled, returned, or where otherwise payment is refunded to the purchaser. If we have to refund a student’s payment, the deduction may be taken out of your account in the next monthly billing cycle. All payments will be made to the Affiliate’s PayPal account unless other arrangements are approved by Wild Abundance.
d. Some students are on a payment plan, therefore you will get 10% of each payment. Our payment plan timeline’s vary depending on the course, but usually range from 2-9 months.
7. CUSTOMER SERVICE
WA will handle all aspects of customer service for customers who purchase through the Affiliate’s Link including customer inquiries, product orders, customer billing and collection, and product shipment/delivery. WA reserves the right to change the Company’s policies and procedures, pricing structure, add or cancel any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Affiliate or customers purchasing through the Affiliate’s Link.
8. AFFILIATE’S DUTIES
The Affiliate is solely responsible for the development, maintenance and operation of the Affiliate’s website and for placing Links on Affiliate’s website or posts to social media. Affiliate is responsible for disclosing that the Links provided on its website or marketed to potential customers by other means are affiliate links in accordance with Section 5 of the Federal Trade Commission Act.
Affiliate is responsible for all materials that appear on Affiliate’s website and for ensuring that such items do not infringe upon the rights of any third party including, but not limited to, copyright, trademark, privacy or other proprietary rights.
9. FTC DISCLOSURE
Affiliate accepts all legal responsibility for the clear and conspicuous disclosure of their participation as an affiliate with WA within all promotion posts and material pertaining to the school, as stipulated by the guidelines of the Federal Trade Commission (FTC). WA will not be held responsible for the Affiliate’s failure to comply with the FTC’s disclosure laws. More information can be found at https://www.ftc.gov
10. LIMITATION OF LIABILITY
a. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO AFFILIATE FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
b. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
The Affiliate hereby indemnifies and holds harmless WA, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that WA may incur and which are based in whole or in part upon the Affiliate’s participation in the Affiliate Program, any claims that any of the Affiliate trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Affiliate breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the Affiliate use, operation or the content of the Affiliate’s website.
Wild Abundance LLC
72 Sanford Way Weaverville, NC 28787 www.wildabundance.net