Please read this entire agreement so you know and understand the program rules…
1. The Easy Spoonfuls Affiliate Program
This agreement describes the terms and conditions for participation in The Easy Spoonfuls affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Easy Spoonfuls refers to the owner and creator, Sue Ingram.The Easy Spoonfuls Affiliate Program is administered through a 3rd party affiliate management company called Affiliate Royale (www.affiliateroyale.com).
2. Modification: We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue to participate in this program it will be considered as your acceptance of the change.
3. Enrolment: To enrol in the affiliate program, you must submit an affiliate application and be approved. You will be notified of your affiliate status.
4. Affiliate URL: You will be issued a special URL once you become an approved member of The Easy Spoonfuls Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
5. Commissions: Affiliates will receive 25% of the revenue as a commission from orders placed through properly coded Affiliate links. Commissions may change at the discretion of Easy Spoonfuls. For a sale to generate a commission to an Affiliate, the customer must remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
6. Payment: Easy Spoonfuls pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. We will not resend payments due to incorrect payment email addresses. Payments to affiliates will be made 30 days after a client purchases, to ensure there are no returns or refunds requested. This is to fulfil the 30 day money back guarantee granted to customers.
7. Order Fulfilment: Easy Spoonfuls will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorised to collect payments or sell any Easy Spoonfuls products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorised to give away copies of any of these products. Easy Spoonfuls will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through The Easy Spoonfuls Affiliate Program will be deemed to be customers of Easy Spoonfuls. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time.
8. Qualifying Sites: Easy Spoonfuls reserves the right to refuse any site entry into The Easy Spoonfuls Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which: • Promote sexually explicit material • Promote violence • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age • Promote illegal activities.
9. Easy Spoonfuls Anti-Spam Policy: Easy Spoonfuls strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
• Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
• Messages posted to Forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
• Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
• Easy Spoonfuls, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, The Easy Spoonfuls Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
10. Relationship of Parties: Affiliates are independent contractors and are not in any way a partner, employee or, for the purposes of the Corporations Act 2001, nor an Authorised Representative of Easy Spoonfuls and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates must not do or say anything that will or is likely to damage or diminish Easy Spoonfuls’ business reputation or brand names. This clause will survive expiry or termination of this Agreement.
11. Term and Termination: The term of this Agreement will begin when you accept and will end when terminated by either party. Either Easy Spoonfuls or the affiliate may terminate this Agreement at any time, with or without cause by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you, the affiliate.
12. Limitation of Liability: Easy Spoonfuls will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 commissions paid or payable to the affiliate under to this Agreement.
13. Disclaimers: We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Easy Spoonfuls will not be liable for the consequences of any interruptions or errors.
14. Miscellaneous: If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with Easy Spoonfuls, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.