CBD+nature Ambassador Program Terms & Conditions
Please read and review this entire agreement. This is a legally binding agreement between you (Ambassador) and CBD+nature (cbdplusnature.com). By agreeing to be a part of the CBD+nature Ambassador Program, you acknowledge that you have read and agree with the following terms and conditions and that you agree to be legally responsible for each term and condition.
1. Submitting Your Application
Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in the CBD+nature Ambassador Program is to legally advertise our website to receive commission on referral customers. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that your application is unsuitable for any reason.
2. Ambassador Obligations
2.1. Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your ambassador account has been terminated. Ambassadorship can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:
2.2. CBD+nature reserves the right to review your placement and approve the usage of your tracking link and/or code. You may not use your own link or code to make purchases.
2.3. The maintenance and updating of your site and social platforms are your responsibility. Your ambassadorship may be terminated if we find your site has not been updated in over 1 year. A written notice will be given via email should we find your site outdated.
2.4. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and CBD+nature. 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 any other of your site or otherwise, that reasonably would contradict anything in this section.
2.5. You agree that any product(s) received in connection with the CBD+nature Ambassador Program will not be sold or utilized for giveaways without explicit written permission from CBD+nature.
2.6. You agree that any content created in connection with the CBD+nature Ambassador Program -- including but not limited to website and social media content -- may be repurposed for CBD+nature promotional purposes, with Ambassador credit provided, for the duration of this agreement. This may include, but is not limited to, social media platforms, website placements, digital advertising, and email marketing.
3. Promotion Restrictions
While you are free to market CBD+nature on your own website, the promotion of the CBD+nature brand could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by CBD+nature. Please abide by the following guidelines when planning your marketing efforts:
3.1. Using “CBD+nature”. “CBD+nature” cannot be used as a part of an Ambassador's website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the Ambassador account.
3.2. FTC Guidelines & Spamming. Ambassadors must abide by all state and federal consumer protection laws and regulations including the Federal Trade Commission Act and the CAN-SPAM Act. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed.” We strongly encourage our Ambassadors to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any non-compliant Ambassadors.
3.4. Copyright and Trademark Infringement. CBD+nature reserves the rights to seek legal action against retail partners and Ambassadors that infringe our copyrights, registered trademarks, and patented and patent pending products. Ambassadors acknowledge that they will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by CBD+nature.
3.5. Paid Search Policies. Bidding at larger pay per click search engines (PPCSE), such as Google, Yahoo, and Bing!, is a great way to drive traffic to your website and send your commission checks even higher. Ambassadors engaging in paid search marketing campaigns must adhere to the following terms and requirements:
3.6. Coupon Code Marketing. Coupon marketing is allowed, but Ambassadors must adhere to the following terms:
3.7. “Cookie-Stuffing” Policy. “Cookie-Stuffing,” forced clicks, etc. is not permitted. “Cookie stuffing” is an unlawful strategy of generating Ambassador sales. Ambassadors found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited and conditions.
3.8. Adware & Toolbars. Ambassadors are prohibited from transmitting any “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-Ons,” “Shopping Wallets” or “deceptive pop-ups and/or popunders” to customers from the time the customer clicks on a qualifying link to the CBD+nature website until the time the customer has exited the CBD+nature site (i.e. no page from the CBD+nature site or any CBD+nature content or branding is visible on the end-user’s screen). The terms a “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of Ambassador and non-Ambassador tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of CBD+nature site in IFrames, hidden links and automatic pop ups that open CBD+nature’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Ambassador banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
4. Grant of Licenses
4.1. We grant to you 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 CBD+nature Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of CBD+nature and the good will associated therewith will inure to the sole benefit of CBD+nature.
4.2. 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.
CBD+nature makes no express or implied representations or warranties with respect to the program, CBD+nature’s services, web site or the products or services provided therein, any implied warranties of CBD+nature ability, fitness for a particular purpose, and noninfringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
6. Representations and Warranties
You represent and warrant that:
6.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
6.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
6.3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.
7. Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall CBD+nature’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless CBD+nature, and its subsidiaries and Ambassadors, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Ambassador trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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.
You will receive a commission for authorized sales made via your discount code and/or tracking links. In order to promote a discount code or tracking link, you must first be approved by CBD+nature to become an Ambassador. Payout rates may be changed at any time and a written notice will be provided for such changes. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to: changes in the payment procedures,CBD+nature’s Ambassador Program rules or Terms & Conditions. If any modification is unacceptable to you, your only option is to end this agreement.
12. Revocation of Ambassadorship
Ambassadorship can be ended at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this agreement will terminate immediately upon any breach of this agreement by you. If CBD+nature ambassadorship is revoked, you cannot rejoin the program in the future.