AFFILIATE MARKETER AGREEMENT
This Affiliate Marketer Agreement is hereby entered into on behalf of any human or entity who sell GrowBot products using an “affiliate link” (referred to in this Agreement as “Affiliate”), and Garden Island Robotics, Inc (referred to in this Agreement as “Company”).
This agreement shall govern all affiliate sales by any person or entity outside of Garden Island Robotics, Inc who signs up for an “affiliate link” on the GrowBot website.
By using any “affiliate link” sent to you by Company, you hereby expressly agree to the following terms and conditions:
- Affiliate commissions shall be 20% of the purchase price paid by customer. This commission applies to purchaser’s first purchase within the GrowBot system. There shall be no ongoing commitment to Affiliate that arises when purchasers continue an ongoing relationship with Garden Island Robotics Inc.
- It is expressly agreed that affiliates are not employees of the company and shall receive no salary, no benefits and no ownership interest in the company whatsoever. This is expressly an independent contractor agreement. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other
- It is expressly agreed that Company has the sole discretion to set the price of all items sold and to decide what merchandise to sell and what to include in sales offers.
- Company has the sole discretion to change sales offers at any time. Company has the sole discretion to change terms and conditions, warranty, refund and cancellation policies at any time, without notice to affiliate (except that such policy shall be posted on the Company website.)
- Company has the right to end this affiliate program at any time for any reason. In the event of such cancelation, Company’s only liability shall be to pay any outstanding affiliate commissions for sales tracked by the affiliate software used by Company.
- Company currently uses WP Affiliate Manager to track affiliate sales.
- Both partners agree to rely on WP Affiliate Manager for affiliate tracking [in case of disputes. Company has no liability for any disruption or failure of WP Affiliate Manager services.
- By entering into this agreement you understand that Company assumes NO liability whatsoever, other than to pay your sales commission for affiliate referrals you have earned.
- Parties agree that Company shall not be liable to pay any affiliate sums unless the sale is directly confirmed, proved and tracked by WP Affiliate Manager software. It is expressly agreed that Company reserves the right to switch from WP Affiliate Manager to another software at any time, at Company’s complete discretion. (In the event Company changes affiliate tracking software, this Agreement shall be read to replace the name of the new software/service/company in all the places where “WP Affiliate Manager” is currently named as the affiliate tracking software herein.)
- COMPANY’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF ALL FEES PAID AND PAYABLE BY COMPANY TO AFFILIATE, AND INTEREST PAID AND PAYABLE BY COMPANY TO AFFILIATE, FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST COMPANY MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- No payment shall be released to Affiliate until 60 days after GrowBot is received by customer, allowing for the full 60-day guarantee time period. In the event any sales result in a refund or cancelation, no compensation shall be owed by Company to Affiliate for that order.
- Affiliate agrees that the customer refunds shall exclude the cost of shipping GrowBot to customer. As such, funds credited to customers for returned GrowBots will be less than funds paid by customer at time of purchase (because part of the purchase price goes to shipping the GrowBot, and the cost of shipping is non-refundable.)
- Company has the right to modify Affiliate’s commission rate at any time (email notice shall be deemed sufficient.) Changing the Affiliate’s rate of commission may be necessary during future sales discount offers, to ensure that sales revenues cover the entire cost to Company of manufacturing and transporting and supporting each unit.
- By entering into this agreement and making affiliate sales for Garden Island Robotics Inc (doing business as GrowBot) Affiliate expressly releases Company and holds Company harmless from all claims, disputes and liability. No duties owed to customers or purchasers shall be implied to be extended by Company to any Affiliate. All implied duties and liabilities are expressly waived by Affiliate. Affiliate expressly waives any claims to incidental damages. By entering into this agreement you understand that Company assumes NO liability whatsoever, other than to pay your sales commission for affiliate referrals you have earned, as tracked by WP Affiliate Manager affiliate software.
- Affiliates are expressly prohibited from making statements on behalf of Company. Affiliate agrees to defend and hold Company harmless for any claims or lawsuits arising arising from your communications.
- Should any claim, cause of action, lawsuit or dispute give rise to Affiliate’s duty of indemnification under the provisions of this Agreement, Company shall promptly notify Affiliate and Affiliate may participate in (at Affiliate’s own expense), but not control, the defense of such incident. Participation in the defense shall not waive or reduce Affiliate’s obligations to indemnify or hold Company harmless
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT COMPANY’S SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (D) AGAINST INTERFERENCE WITH ENJOYMENT OF THE PUBLISHER’S INFORMATION OR WEB SITE. ALL ‘INFORMATION’ AND ‘COMPUTER PROGRAMS’ PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH AFFILIATE AND THIRD PARTIES. COMPANY IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY THIRD PARTY OR ADVERTISER OR PUBLISHER, OR SUCH ADVERTISER OR PUBLISHER’S WEB SITE(S), AND/OR THE CONTENT OF AN ADVERTISER’S WEB SITE OR THAT AN ADVERTISER MAKES AVAILABLE THROUGH ANY NETWORK SERVICE.
- Affiliate agrees not to: (a) mislead others; (b) operate or utilize a website or e-mail link to websites that contain or promote, any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or offer any illegal good or service, or link to a website(s) that does so; (c) engage in spamming, indiscriminate advertising or unsolicited commercial e-mail or otherwise failing to comply with all applicable laws regulating online communications including, but not limited to, commercial e-mail; (d) violate any applicable privacy laws; and/or (e) engage in any illegal activity of any type.
- No act by Company shall be deemed a waiver by Company of any of Company’s rights under this agreement.
- If any portion of this agreement is deemed unenforceable, that portion shall be stricken from this Agreement, and all remaining portions shall remain unchanged, and the Agreement is to be read and interpreted as if the unenforceable portion had never existed.
By using your Affiliate Link to sell on behalf of Garden Island Robotics Inc, you are indicating you have fully read and accepted the entire contents of this Affiliate Agreement.
We look forward to a long and abundant relationship together.