Wholesale/Affiliate Terms and Conditions
You agree to the following when reselling Simply Savory products through the Wholesale Program or promoting them through our Affiliate Program.
By signing up to be an Affiliate in the Simply Savory Wholesale Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Simply Savory reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding fundraiser commission payments earned during the violation. You agree to use the Wholesale Program at your own risk.
– You must be 18 years or older to be part of this Program.
– You must live in the United States to be a Wholesaler/Affiliate.
– You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
– You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
– Your login may only be used by one person – a single login shared by multiple people is not permitted.
– You are responsible for maintaining the security of your account and password. Simply Savory cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
– You are responsible for all Content posted and activity that occurs under your account.
– One person or legal entity may not maintain more than one account.
– You may not use the Wholesale/Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
LINKS/GRAPHICS ON YOUR SITE, IN YOUR EMAILS, OR OTHER COMMUNICATIONS
Once you have signed up for the Affiliate Program, you will be assigned a unique URL (link). You are permitted to place links, banners, or other graphics we provide with your Affiliate Account on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Simply Savory. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and commission accrual, we will provide you with special link formats to be used in all links between your site and the Simply Savory site. You must ensure that each of the links between your site and the Simply Savory properly utilizes such special link formats. Links to Simply Savory placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn commissions only with respect to sales on a Simply Savory product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Wholesale Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Commissions for sales will be calculated at 20% of the sale.
For a Product sale to be eligible to earn a commission, the customer must click-through your Special Link from your website, email, or other communications to the https://www.simplysavorygourmet.com site and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered the special link if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Simply Savory will calculate the total due to your organization quarterly. A check will be mailed within five business days of April 1, July 1, October 1, and January 1, or otherwise agreed upon. Earnings must total at least $20 for a payout to be completed. If commissions do not total $20 at the end of the quarter, the total will will be applied at the end of the next quarter.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for promoting your Special Link.
COMPLIANCE WITH LAWS
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
TERM OF THE AGREEMENT AND PROGRAM
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://simplysavorygourmet.org, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Simply Savory reserves the right to end the Program at any time. Upon program termination, Simply Savory will pay any outstanding earnings within five business days.
Simply Savory, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Simply Savory service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Simply Savory reserves the right to refuse service to anyone for any reason at any time.
RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.
LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Simply Savory will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Simply Savory to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Simply Savory and govern your use of the Service, superseding any prior agreements between you and Simply Savory (including, but not limited to, any prior versions of the Terms of Service).