AFFILIATE PROGRAM TERMS
These terms and conditions (these “Terms”) apply to the Appalachian Standard and Ross Farm LLC affiliate program (“Program”) provided by Appalachian Standard and Ross Farm LLC (“Appalachian Standard”). By accepting to participate in the Program, you acknowledge and agree that you have read all of the terms and conditions set forth in these Terms and you agree to be bound by these Terms. Appalachian Standard reserves the right to change or modify any of the terms and conditions contained in these Terms at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by (a) sending an email to the email address you provide when registering for the Program, (b) posting a notice on our website (“Site”), (c) posting the revised Terms on the Site and revising the date at the top of these Terms, or (d) such other form of notice as determined by Appalachian Standard. Your continued participation in the Program will constitute your acceptance of such changes or modifications to these Terms. If you are accessing the Program in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree (and be legally bound) on behalf of such company (or other entity) to all of the terms and conditions of these Terms. For the purpose of these Terms, you and, if applicable, such company (or other entity) constitute “you” or “Affiliate”.
In order to participate in the Program, you must complete the Program registration form provided via the affiliate platform made available on the Site (“Affiliate Platform”) and you must be accepted into the Program by Appalachian Standard. If accepted, we will notify you. You agree to provide accurate, current, and complete information about you as may be prompted by the Program registration forms via the Site.
GENERAL REQUIREMENTS FOR ACCEPTANCE
You must meet the below core requirements in order to be accepted into the Program, but please understand that acceptance is at Appalachian Standard’s sole discretion.
- You must operate a website or business in the United States
- You must have a website and/or social media with established engagement
- You must be in compliance with all of the terms and conditions set forth in these Terms
- Your website or business must not constitute a coupon or offer website/platform
Subject to the terms and conditions of these Terms and solely during your participation in the Program, Appalachian Standard grants you a non-exclusive, non-transferable, limited license to use Appalachian Standard’s trade names, trademarks, service marks, symbols, and logos, and the assets, copy, and discounts provided to Affiliate by Appalachian Standard through the Affiliate Platform (collectively, “Appalachian Standard Assets”) solely to fulfill your obligations under the Program. Except as set forth in this paragraph, nothing in these Terms grants to you any right, title, or interest in or to any of the Appalachian Standard Assets, and, all use of the Appalachian Standard Assets will inure solely to the benefit of Appalachian Standard. Affiliate will promptly notify Appalachian Standard of (a) any known use by any third-party of any Appalachian Standard Assets, or (b) any known use by any third-party of similar trade names, trademarks, service marks, symbols, or logos which may constitute an infringement or “passing off” of Appalachian Standard’s trade names, trademarks, service marks, symbols, or logos.
- None of the Appalachian Standard Assets may be modified without Appalachian Standard’s prior written consent in each instance
- Affiliate will never represent its relationship with Appalachian Standard in a false or misleading way, and Affiliate will not use deceptive, misleading, illegal or unethical practices in fulfilling any of its obligations under the Program or these Terms
- Affiliate may not engage in any conduct that is likely to result in retaliation against Appalachian Standard or its employees, officers, directors, contractors or other agents
- Affiliate may not use any inappropriate techniques (including, but not limited to, cookie stuffing, misleading links, masking of the referral link, redirects, repeated manual clicks, using robots or automated query tools, using computer-generated search requests, and/or fraudulently using other search engine optimization services and/or software) in an attempt to defraud Appalachian Standard
- Affiliate will not bid on any Appalachian Standard keywords or similar keywords unless Affiliate has received prior written approval from Appalachian Standard
- All of Affiliate’s marketing costs with respect to the Appalachian Standard program will be the responsibility of Affiliate
- Affiliate must have all marketing approved, in writing (email will suffice), by the Appalachian Standard team prior to deploying
- Affiliate may not create websites or advertisements that copy or resemble the look and feel of any of Appalachian Standard’s properties without Appalachian Standard’s prior written consent
- Affiliate may not offer coupons or incentives as a part of its marketing efforts unless approved in advance by Appalachian Standard
- Affiliate may not create any domains, sub-domains, or handles that use any of Appalachian Standard’s trade name, trademarks, service marks, symbols, or logos
- Affiliate must abide by all applicable laws and regulations including, but not limited to, the CAN-SPAM Act of 2003 (Public Law No. 108-187)
- Affiliate must ensure that all emails from Affiliate show that they are from the Affiliate in the from line and no email can look like they are coming from Appalachian Standard
- Affiliates may not bid on Appalachian Standard’s branded keywords.
Your website or business (including, but not limited to, any marketing materials created by you or a third party acting on your behalf) must not contain any messages, text, materials, data, information, software, audio, art, images, photos, video, graphics, or other items or materials that may reasonably:
- Violate any laws or regulations
- Infringe or violate any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity, rights of privacy, or any other rights of Appalachian Standard or any other individual or entity
- Be considered defamatory, obscene, threatening, inflammatory, malicious, harassing, offensive, hateful, or harmful to any individual or entity
- Be considered obscene, pornographic, indecent or sexually explicit or that constitutes, fosters or promotes pornography or bestiality
- Depict graphic, excessive, or gratuitous violence
- Be false, misleading, or deceptive
- Store or transmit any material that contains software viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted data, or any other computer code, files. or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Affiliate will only use coupons provided to it by Appalachian Standard through the Affiliate Platform
- Affiliate will not use any coupon or offer found on any other website/platform to promote the Appalachian Standard program
- Affiliate may only use coupons on its own website or platform and will not submit any codes to a coupon website/platform
- Appalachian Standard will not pay a commission to Affiliate for a sale from a non-Appalachian Standard coupon, but Appalachian Standard will not reverse the customer transaction
CALCULATION OF COMMISSIONS & PAYMENT
In order to receive commissions, you must use the unique link assigned to you by Appalachian Standard in accordance with the Link Usage Guidelines (“Link Guidelines”). The Link Guidelines are incorporated into these Terms by reference. The unique link assigned to you tracks your sales by capturing when individuals click on one of your advertisements. At the close of each calendar month, Appalachian Standard will calculate the revenue received by Appalachian Standard from each customer order resulting from your unique link during the just completed calendar month. Within approximately 30 days of the close of each just completed calendar month, Appalachian Standard will pay to you the commissions for such just completed calendar month. Commission payments will usually occur via PayPal.
- All commissions are less taxes, duties, interest, penalties, late charges, similar charges, and any amounts Appalachian Standard must pay third parties
- We reserve the right to reverse commissions due to order cancellations, disputed charges, duplicate orders, or any violation of these Terms
- If we discover that you have attempted to create a fraudulent order, your participation in the Program will immediately be terminated
- When monthly quotas are not met, Appalachian Standard reserves the right to terminate affiliate links. Affiliates can reapply to the program at any time and re-acceptance is up to Appalachian Standard.
If you become aware of any violation of any of the terms or conditions of these Terms, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation, please contact: firstname.lastname@example.org.
TERM & TERMINATION
Your participation in the Program will begin when you are accepted by Appalachian Standard into the Program and provided your Referral Link Sign Up. Appalachian Standard reserves the right, but does not have any obligation, to monitor or police activity in connection with the Program. If Appalachian Standard reasonably believes that you have violated any of the terms or conditions of these Terms, in addition to other available remedies, your participation in the Program will immediately terminate. Appalachian Standard will generally attempt to notify you of any activity in violation of these Terms and request that you cease such activity. Also, your participation in the Program may terminate if (a) you notify Appalachian Standard that you would like to terminate your participation, or (b) Appalachian Standard otherwise terminates your participation. If your participation in the Program is terminated due to a violation of these Terms, any outstanding commissions earned will be forfeited by you. If your participation in the Program is terminated for any other reason or you elect to terminate your participation in the Program, any outstanding commissions up to the effective date of such termination will be paid to you within 60 days of the effective date of such termination.
These Terms set forth the entire agreement and understanding of you and Appalachian Standard relating to the Program, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. These Terms will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. IN NO EVENT WILL (A) APPALACHIAN STANDARD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF APPALACHIAN STANDARD HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) APPALACHIAN STANDARD’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY APPALACHIAN STANDARD TO YOU PURSUANT TO THESE TERMS DURING THE SIX MONTH PERIOD PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of Appalachian Standard. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. You agree that communications and transactions between us may be conducted electronically.