Affiliate Agreement & Terms and Conditions

for Affiliates of Botanical Joy, LLC, manufacturer of Skin of Gold face cream.

Identification of Parties

This agreement describes the terms and conditions for participation in the Botanical Joy, LLC Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the applicant. “We” and “our” refer to Botanical Joy, LLC. We are independent parties and this agreement will not form any partnership.

Affiliate Relationship

You the Affiliate are an Independent Contractor and have NO employee status, partnership, sales representative, joint venture or agency franchise with Botanical Joy, LLC.

Enrolling as an Affiliate

All affiliates must be over 18 years of age to enter this agreement.  Before a coupon code is generated for your promotion, Botanical Joy, LLC must receive an email notification that you accept our terms and conditions and approve your application.  Botanical Joy, LLC will email a PDF version of this document to you. You must print it, sign it, and mail it to us before you can receive a commission check.   Mail to: Botanical Joy, LLC   PO Box 66, Hillsdale, NY 12529.

IRS and INS  Identification Requirements

Photocopy proof of Social Security card or EIN document from the IRS is required. We require this proof of American affiliates, to comply with Immigration and Naturalization Service regulations. No payment of commissions will be made until we have received a photocopy of one of these documents. Mail photocopy to: Botanical Joy, LLC   PO Box 66, Hillsdale NY 12529.

Tax documentation required from foreign affiliates to be determined by the IRS and the taxation agency of their home country.

Advance Notification of Payment Changes

You will receive notification via email at least 90 days before any changes in commission structure or payment schedules are enacted.

Term & Termination of Agreement 

The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. If this Agreement is terminated for any reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Unenrolling as an Affiliate

You may cancel this agreement at any time regardless of reason by written or electronic email notice to Botanical Joy, LLC.

You further understand that Botanical Joy, LLC may terminate its relationship with you at any time by written or electronic email notice for any reason.

Incentives to use Your Coupon Code

As an incentive for customers to use YOUR coupon code, Botanical Joy LLC offers FREE shipping (1st class mail with tracking) on orders under $60, excluding the ¼ oz Trial/Sample size containers.  We provide 1st class shipping on special offers. This may differ from our ordinary shipping methods. All product orders totaling $60 or greater always receive free shipping. As an incentive to use YOUR coupon code, these orders ($60 or more) will receive a $5 discount.

The $5 incentive on all U.S. and Canadian orders of 50mL or 100mL containers is also offered for all First Time International orders for 50mL and 100mL containers. “Free Shipping” is only for U.S. and Canadian orders of 50mL or 100mL containers.

Botanical Joy, LLC will determine the reliable methods of delivery to International destinations and program the shopping cart to only take these options. Affiliates interested in targeting foreign countries and regions are encouraged to participate in this process and advise us on the reliability of a particular country’s postal service.

Price & Product Modifications

Botanical Joy, LLC reserves the right to discontinue any product and modify any price.

Initial Order Commissions

Affiliates receive 30% commission on all first-time orders for customers you recruit, as documented by the customer’s use of the affiliate’s coupon code.

Repeat Order Commissions

Affiliates also receive 10% commission on repeat orders from those customers who used your coupon code when making their first order. Your customers’ reorders will be at the same price for products and shipping that is currently available on the shopping cart. They will be able to use all coupons, discounts, and promotional offers that are available to all other repeat order customers.

How Commissions are Calculated

Commissions on all orders will be paid on the actual cost of products that your customer pays, after all discounts, coupons, sales, or other promotional incentives.

Items Exempt of Commissions

No commission is ever paid on sales tax or shipping & handling.

Documentation of Your Sales Generated

The reports generated by CoreCommerce, the shopping cart we use, will be considered definitive and absolute in computing commissions. You will receive both screenshots of the report and an excel spreadsheet of all sales made with your coupon codes and the full report for your affiliate activity. This will disclose the first-time sales and repeat orders.

How You will Receive Your Commissions

Commissions are paid twice per month via check.  You can choose other methods of payment but you will be responsible for all costs and fees connected to that other method of payment.  Botanical Joy, LLC will not be involved with deceptive and fraudulent payment declarations such as payment via Paypal and declaring payment as a “gift.”

When You will Receive Your Commissions

Commissions are paid twice per month in U.S. Dollars on the 1st and 16thof each month.  All commissions generated from the 1st – 15th are mailed by the 1st of the following month.  All commissions generated between the 16th and last day of the month, are mailed by the 15st of the following month.  Therefore, there is a 2 week accounting period before you receive your payout.

Coupon Codes

We can and will create an unlimited number of coupon codes, so you can repost the offer and/or send another portion of your email list the offer. This will facilitate split testing and generating matrix on different marketing efforts.

Approval and Compliance

Botanical Joy, LLC must review and approve your website, all emails, and all internet offers that are used to promote and sell Skin of Gold.™ Botanical Joy, LLC reserves the right to monitor your website and other marketing efforts pertaining to Skin of Gold™ to insure compliance.  You the affiliate are responsible for compliance with all laws. Our approval of your content does not constitute a transfer of your responsibility of compliance of with laws.

Approval of your marketing material and its contents does not transfer any civil or criminal responsibilities for violating any laws.

Affiliates are Solely Responsible

You the Affiliate are solely responsible for the content of your website, emails and all marketing materials. We hereby specify that you hold Botanical Joy, LLC harmless for all civil or criminal liabilities incurred in conjunction with your marketing activities and materials. You are required to obey all state and federal laws in the U.S. and all applicable laws elsewhere.

Disapproved Email Activity!

You, the affiliate, agree to never promote Botanical Joy, LLC products via spam, purchased, unauthorized, or illegal email lists, and that your lists (if lists are used) are fully compliant with FTC and CAN-SPAM regulations.

Unacceptable Email Activity

Affiliates using emails with “RE,” an abbreviation for “in reference to,” in the subject line of emails promoting the sales of Skin of Gold,™  that are in fact NOT a response to an email actually received from the email address of the recipient of the fraudulent RE, will be terminated as an affiliate immediately. Further, any similar or other deceptive, spam-like subject lines and/or emails content will be grounds for termination. The search engines and large email services are imposing severe penalties on individuals and companies associated with this activity. You, the affiliate will be held responsible for all financial impact on Botanical Joy, LLC and all of its affiliates and marketing partners for such unethical practices. If you have a question about appropriateness, please ask and you will be answered via email, which will prove your due diligence and intent to comply with our standards.

Where you may not Promote

We do not allow Affiliates to sell our products on any auction/deals/mass purchase websites including eBay, Amazon, half.com or any similar website.

Compliance

You, the affiliate, are required to be compliant for FDA and FTC requirements and limitation. We advise you to research these requirements and to observe what is being tolerated by the regulatory agencies.

All the content of affiliate marketing messages must be true and accurate and in no way fraudulent or deceptive. Deception is defined as “creating a perception that is inaccurate or distorted, even if it is technically true.”

Affiliate Compensation Disclosure

Federal law requires compensation disclosures on websites and emails promoting the sales of a product from which you profit.  You, the affiliate, agree to keep your earnings disclaimer in each marketing message (on or offline) that is a marketing effort for Skin of Gold.™

Proof of Income

Botanical Joy, LLC affiliate program will register a 1099 for all US domestic entities or a 1042-s for all foreign entities to whom we issue combined yearly payments of $600.00 or more.

Disputes and Grievances

Any disputes that cannot be resolved with Botanical Joy, LLC will be brought to binding arbitration via telephone or Skype video call, without professional or 3rd party representation.  Botanical Joy, LLC has the right to specify which organization and at which venue the dispute will be arbitrated.  The loser of the dispute is to pay all fees and expenses to the arbitrating organization, unless otherwise ordered by the arbiter.

All grievances and disputes must be brought to the attention of Botanical Joy, LLC in ONE year or less, from the time of the perceived infraction or they will be considered null and void by reason of elapsed time.

Amendments to Terms & Conditions

Botanical Joy, LLC has the right to add to, delete, or change all terms and conditions of this Agreement. These changes will be enforced and binding upon being published by email to affiliates, with the exception of changes to affiliate commissions and payment schedule.

All emails informing Affiliates of any changes in this Agreement will have the subject line: “Botanical Joy, LLC Affiliate Agreement Change”

Any changes to commissions and payment schedule will go into effect 90 days after being published by email.

Returns

When your customers avail themselves of our 60 Day Love-it-or-get-your-money-back Guarantee and return the product, they will be issued a refund. The commission you earned on this sale will be deducted from your next commission check. The consumer confidence created by our Guarantee will lead to more sales; we have very few returns.

Content Duplication Warning!

Affiliates are not allowed to duplicate onto any website any material from skinofgold.com or from other affiliates’ or marketers of Skin of Gold™ websites. Hence, verbatim duplications have an extremely negative impact not only for the site that has the duplicate content but also for the site from which the content originated.

Interruption of Digital Services

Botanical Joy, LLC makes no representation that the operation of our website or the Affiliate’s  site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

English Translations Required

Affiliates are responsible for providing Botanical Joy, LLC with accurate English translations for all sales and promotional materials used on or off web in any language other than English.

Intellectual Property

Botanical Joy, LLC retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the Agreement.

Privacy Policy

Affiliate’s use for solicitation or marketing of all names and addresses, physical or digital, gathered via opt-in or other means gathered in the course of marketing Skin of Gold,™ must conform to the privacy statement on skinofgold.com

Transferability of Affiliateship

You the affiliate acknowledge that this is a non-transferable agreement. You may transfer ownership of domain names or sites established for marketing Skin of Gold™ and add copy and content or any other intellectual properties developed for the purposes of marketing Skin of Gold.™ The purchaser is required to establish a separate Sub-contractor/Affiliate relationship with Botanical Joy, LLC.

Linking and Promoting Restrictions

Affiliates are not allowed to establish links from skinofgold.com or any site the Affiliate has control over which promotes Skin of Gold,™ to sites with text, graphics, photos of erotic or sexually explicit material. This ban is enforced for sites that are involved with e-commerce and those that are not.

Additionally, the Affiliates are disallowed to link to and market Skin of Gold™ on:

-Sites that require visitors to stipulate that they are over 18 years of age.

-Or any websites that contain any materials that are:

-Sexually explicit, obscene, or pornographic;

-Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);

-Graphically violent, including any violent video game images; or

-Solicitous of any unlawful behavior.

 

 

 

Today’s Date ____________________    Print Name___________________________

 

I, ______________________________ have read, understand, and agree to all the terms and conditions in this document. I understand that by signing my name to this document in printed form and emailing a statement of acceptance of this Terms & Conditions to Botanical Joy, LLC via the contact form on skinofgold.com, I am entering into an agreement of a contractual nature. I am willing to fulfill my responsibilities and respect and stay within the limitations outlined in this agreement. I specify that I am over 18 years of age, and that I am a citizen of ________________ country. Although it has been stated elsewhere in this document, I hereby specify that I understand I am responsible for all taxes on my earnings as an Independent Contractor, marketing Skin of Gold™ face cream for Botanical Joy, LLC.