Energetic Agriculture LLC and the vendor __________, herein referred to as “the vendor” and collectively as “the parties”, concur to engage in an active and constructive partnership within the structure of the affiliate program. This collaboration underscores a mutual pledge to uphold the highest standards of integrity, fairness, and full compliance with the stipulations and conditions contained within this agreement.
As an affiliate, Energetic Agriculture LLC commits to maintaining various obligations in promoting the physical and/or digital products, herein referred to as “the products” of the vendor.
Energetic Agriculture LLC, in its capacity as the promoter, seller and affiliate, accepts and is obliged to fulfill its responsibilities as they relate to the promotion and sale of products provided by the vendor. These obligations encompass customer service standards, the observance of the agreed-upon commission structure, and the exclusive use of promotional materials and methods approved by the vendor. Energetic Agriculture LLC affirms its commitment to enhancing and protecting the reputation of the vendor’s brand through its activities and interactions.
In alignment, the vendor reciprocates by promising to discharge its responsibilities pertaining to product fulfillment. These responsibilities encompass but are not limited to, effective management of orders, prompt and reliable product delivery, provision of customer service, and handling of product returns or refunds.
Furthermore, the vendor concurs to maintain a transparent channel of communication with Energetic Agriculture LLC. This communication will encompass any alterations in product details, modifications to the commission structure, or any other aspects pertinent to the terms of this agreement. The vendor also commits to honoring its role in any co-branding initiatives that may be agreed upon.
This Mutual Participation Agreement is founded on the principles of collaboration, transparency, and mutual benefit. Through adhering to the provisions of this agreement, the parties aim to actualize their shared vision of promoting and selling the products both effectively and ethically. Thus, fostering a beneficial relationship that meets the interests of both Energetic Agriculture LLC and the vendor.
Promotional Materials, Co-Branding, and Brand Reputation:
Energetic Agriculture LLC is obliged to use only the marketing materials explicitly provided or approved by the vendor to ensure accurate representation of the physical and/or digital products. Co-branding initiatives may be explored through mutual consent, with the aim to foster collaborative growth and maintain the integrity of both brands.
Ethical Practices:
Energetic Agriculture LLC undertakes to uphold high ethical standards in its promotional activities. These standards encompass not misleading consumers, respecting consumer privacy, and maintaining truthful communications related to the products.
Legal Compliance:
It is an obligation of Energetic Agriculture LLC to comply with all relevant federal, state, and local laws and regulations in their promotional activities for the products.
False Claims:
Energetic Agriculture LLC agrees to avoid making any false or unsubstantiated claims about the products.
Intellectual Property Rights:
Energetic Agriculture LLC is bound to respect the intellectual property rights of the vendor, including but not limited to copyrights, trademarks, patents, and design rights associated with the products.
Adjustment of Promotional Intensity:
Energetic Agriculture LLC, in its capacity as an affiliate, reserves the right to vary the intensity of promotional and selling activities as deemed suitable to its own interests and those of its community. This reservation acknowledges that the level of promotion may fluctuate based on numerous factors, including market trends, customer interests, product lifecycle, and other strategic considerations of Energetic Agriculture LLC. The vendor, while it may provide guidance and promotional materials, understands and respects this autonomy of Energetic Agriculture LLC to dictate the scale and intensity of its promotional endeavors.
Exclusive Marketing Rights:
Energetic Agriculture LLC holds the exclusive rights to conduct marketing activities pertaining to the vendor’s products within its publicly accessible platforms. This exclusivity encompasses platforms such as the Energetic Agriculture Facebook community, among others. It signifies that Energetic Agriculture LLC is the sole authorized entity to advertise or promote these products within its digital platforms. Any other entities wishing to conduct promotional activities within these platforms must obtain explicit authorization from Energetic Agriculture LLC. This provision ensures that the promotional activities within Energetic Agriculture’s platforms are controlled, coordinated, and in line with its strategic interests and the expectations of its community.
Negotiation of Exclusivity:
The vendor is granted the right to propose an exclusive business relationship with Energetic Agriculture LLC. Should the vendor wish to make such a proposition, a formal amendment to this agreement will be necessitated. In addition, the vendor must demonstrate a significant and reasonable offer of value that is compelling enough to warrant Energetic Agriculture LLC to exclusively market and sell the vendor’s products, forsaking others. This provision takes into account the potential competitive and opportunity costs Energetic Agriculture LLC might incur should it cease to promote or sell competing products.
General Commission Structure:
In its capacity as a promoter and seller, Energetic Agriculture LLC will receive a commission under this agreement. Each product, be it a physical or digital asset, might warrant a different commission percentage, reflecting its unique characteristics, value, and other determining factors. These individual commission rates are to be mutually decided and agreed upon for each product, with every agreement explicitly documented within the contractual framework of our partnership.
Additionally, the potential for a performance-based commission adjustment will need to be considered. The vendor must decide whether such a mechanism will be made available and under what terms. These decisions should be clear, agreed upon, and codified in the contract to ensure transparency and fairness in our evolving partnership.
Adjustable Commission Rates for Specific Products:
Performance-based Commission Adjustment:
The commission structure incorporates a performance-based clause, stating that the commission percentage may change upon reaching a total unit sales threshold, ‘_________’ . If the cumulative sales facilitated through Energetic Agriculture LLC’s affiliate link meet or exceed ‘_________’ units, the commission percentage will be adjusted according to the terms agreed upon and documented in a formal amendment to this contract.
Contractual Amendments:
In line with the above, any proposed changes to the commission structure are subject to the process of contractual amendment. This means that any alteration to the commission percentage or rates requires a formal modification of the agreement’s terms. The parties must mutually agree to and document such changes. Following the contractual amendment, the revised commission structure shall take effect from the beginning of the subsequent billing cycle, which shall commence one full cycle after the date of amendment.
Commission Payments:
The vendor, under this agreement, commits to disbursing the commissions owed to Energetic Agriculture LLC on a monthly basis. This payment schedule is, however, subject to change if deemed necessary by the vendor. In the event of such a change in payment frequency, a contractual amendment detailing the new payment schedule is mandatory. After the contractual amendment, the revised payment schedule will come into force from the next billing cycle, starting one full cycle post the date of amendment.
Affiliate Sales Duration:
The duration of the affiliate sales under this agreement is tied to the life cycle of the tracking cookies. Energetic Agriculture LLC will be credited with an affiliate sale if the transaction is completed by a referred customer within one month (30 days) of the initial visit to the vendor’s website.
Cookie Lifespan:
A tracking cookie will be placed in the referred customer’s browser upon the initial visit to the third-party company’s website via an affiliate link provided by Energetic Agriculture LLC. This cookie will be active for a duration of one month (30 days) from the date of the first visit.
Cookie Tracking and Sales Attribution:
During this one month period, any completed sale from the referred customer will be attributed to Energetic Agriculture LLC, provided the cookie remains active and the purchase is made from the same device and browser. The transaction must be traceable to the original affiliate link used during the customer’s initial visit.
Cookie Deletion or Blockage:
Energetic Agriculture LLC will not be credited with a sale if the tracking cookie is deleted, blocked, or otherwise made inactive by the customer, or if the cookie expires before the completion of a sale.
Compliance Responsibility:
The vendor is solely responsible for ensuring that the application and use of tracking cookies on its website comply with all applicable laws, regulations, and best practices concerning privacy, data protection, and online advertising. This includes but is not limited to, informing visitors about the use of cookies, the data being collected, the purpose of this data collection, and obtaining the necessary consent where required.
Privacy Policy:
The vendor agrees to clearly state these details in its Privacy Policy. The Policy should also explain the role of third-party cookies, such as those used for affiliate tracking, and how users can manage their cookie preferences.
Liability Exclusion:
Energetic Agriculture LLC is not responsible for any legal, regulatory, or other consequences resulting from the vendor’s non-compliance with these requirements. The vendor will indemnify and hold harmless Energetic Agriculture LLC from any claims, damages, losses, liabilities, costs, or expenses arising out of its failure to comply with applicable privacy laws and regulations.
Physical Product Fulfillment:
Energetic Agriculture LLC acknowledges that the vendor exclusively holds the responsibility for fulfilling all orders. This duty involves managing all aspects of product delivery, including dealing with queries, concerns, or complications that may arise in the course of delivery. The vendor is also responsible for handling returns or administering refunds as per their established procedures and policies.
Physical Product Delivery:
The vendor bears the sole responsibility for the shipment and delivery of physical products. This responsibility extends to addressing all customer service inquiries related to product delivery, ensuring the timely arrival of products, and facilitating the return or exchange process when necessary.
Client Satisfaction:
The vendor is committed to maintaining high standards of customer service and satisfaction. The company is expected to promptly and professionally address any issues that customers may encounter regarding product quality, delivery, or service. This commitment also entails providing comprehensive assistance in the event of product returns or refunds, ensuring that clients are satisfied with their overall purchase experience.
Seller’s Role in Client Satisfaction:
While the vendor is primarily responsible for product fulfillment and delivery, Energetic Agriculture LLC agrees to assist in the facilitation of communication between the vendor and the customers as necessary. This collaboration may involve forwarding customer inquiries, concerns, or feedback to the vendor, helping maintain a positive and satisfying customer experience.
The vendor is entrusted with the responsibility of facilitating immediate electronic delivery of digital products purchased through Energetic Agriculture LLC’s affiliate links, commonly via secure methods such as email or download links. In addition to delivery, the third-party company will provide necessary technical support. This includes clear and convenient communication channels for customers, swift responses to inquiries, effective resolution of technical issues, and proactive release of product updates or fixes. Additionally, the vendor might consider offering helpful resources like user guides, FAQs, or tutorials to enhance customer experience with the digital product.
The vendor takes the lead in supplying any updates or upgrades for their digital products. The policy determining if these are given to customers for free or at an additional cost will be solely decided by the vendor.
In the event of any disputes related to the digital products—such as issues pertaining to non-delivery or faulty products—it’s the sole responsibility of the vendor to address these concerns. The agreement will have clear guidelines established by the vendor regarding the legal jurisdiction and laws to be applied in resolving such conflicts.
When it comes to the refund or exchange policy for digital products, the onus again rests solely on the vendor. They are obliged to communicate their refund or exchange policies clearly, bearing in mind the unique nature of digital, non-physical goods. From drafting to implementing these policies, every aspect of refunds or exchanges for digital products will be managed by the vendor alone.
With these terms, we ensure that the vendor takes the lead in addressing disputes and managing refunds, maintaining transparency and good customer relations.
The vendor reserves the discretionary right to terminate this agreement, ordinarily within one billing cycle, for any reason, with or without cause. Energetic Agriculture LLC recognizes this right and accepts that termination may also occur with immediate effect in the case of a significant breach of the contractual agreement, including but not limited to, gross misconduct or non-compliance with the terms and conditions set forth in this document. This understanding signifies Energetic Agriculture LLC’s acknowledgement of the dynamic nature of affiliate programs.