|Please note that if you live in the following states you cannot participate in our affiliate program--this is due to tax laws in your state: Arkansas, Colorado, Connecticut, Hawaii, Illinios, Minnesota, North Carolina, New York, Pennsylvania, Rhode Island.
7% of each sale that you refer (Direct sales)
Payment is sent for accounts with $50 or more due from the prior month.
Checks are printed and mailed on the 15th of each month. There is a $5
processing fee for printed checks to be mailed domestically (US only).
International affiliates requiring printed checks will incur actual postage
plus a $3 handling fee). Please allow 5-10 business days for domestic
US mail delivery and 2-5 weeks for international mail.
Electronic payments are processed via Paypal
on the 15th of each month and require no additional processing fees.
In order to be compensated as an AFFILIATE for referring
customers to our products, you agree to the terms and conditions of this
agreement. THE GLUTEN-FREE MALL® and AFFILIATE are entering into a
simple business agreement in the best interests of both parties. AFFILIATE
and THE GLUTEN-FREE MALL® are independent contractors, and nothing
in this Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship, or the relationship
of principal and agent between the parties. All copyrighted material and
trademarked names and logos used in accordance with this Agreement by
either or both parties remain the exclusive intellectual property of the
respective originating or issuing parties. No transference of intellectual
property ownership or conveyance of rights is intended or conferred in
this Agreement. Sales and interests in this Agreement may not be transferred
or sold to any other entity and all business between the parties is subject
to the terms of this Agreement. Both parties will be held to confidence
in any matters of business with regard to this Agreement.
AFFILIATE shall indemnify and hold THE GLUTEN-FREE MALL®
harmless from any and all legal actions, damages or liabilities incurred
from the day-to-day operations of AFFILIATE. Under no circumstances will
THE GLUTEN-FREE MALL® be liable whether in tort, contract or otherwise
for indirect, incidental, consequential, special or exemplary damages
(including but not limited to damages for any loss of revenue, profits,
business interruption, loss of business information or data, loss of goodwill,
work stoppage, hardware or software failure, or other pecuniary loss)
arising from or relating to any provision of this Agreement or the program.
Without limiting the foregoing, THE GLUTEN-FREE MALL® aggregate liability
arising with respect to this Agreement will not exceed the total fees
paid or payable to AFFILIATE under this agreement. THE GLUTEN-FREE MALL®
will own all right, title and interest in and to all information that
is created or collected in the operation of the THE GLUTEN-FREE MALL®
site and reserves the right to amend or terminate this Agreement at any
time, with or without notice to AFFILIATE.
It is the full responsibility of AFFILIATE to market
these Products in a legal, ethical and honest fashion and AFFILIATE agrees
that THE GLUTEN-FREE MALL® will be held harmless from any and all
actions of AFFILIATE and AFFILIATE marketing and promotional programs.
Affiliate shall at all times comply with all local and Federal spam, fax
broadcast and telemarketing laws. Any affiliate advertisement that does
not comply with applicable local, state or federal laws is strictly forbidden
and shall be expressly defined as unauthorized use of THE GLUTEN-FREE
MALL® trademarks, marks and names. Should action be brought against
THE GLUTEN-FREE MALL® for such activity by Affiliate, Affiliate agrees
to bear all costs and penalties associated with such activity including,
but not limited to THE GLUTEN-FREE MALL®'s legal costs for any alleged
infraction of these laws. THE GLUTEN-FREE MALL® reserves the right
to amend all pricing plans, commissions or conditions relative to this
agreement THE GLUTEN-FREE MALL® reserves the right to terminate any
affiliate with or without cause at the sole discretion of THE GLUTEN-FREE
MALL® with or without notice. By joining the THE GLUTEN-FREE MALL®
affiliate program, affiliate is tendering his/her personal guarantee of
these terms and conditions.
Affiliate further agrees and warrants that it will comply
with all local, state and federal laws (including, but not limited to,
the "CAN-SPAM" Act, effective January 1, 2004) regarding the
sending of e-mails.
For commission purposes, a new customer shall be considered
"processed" after 30 days from the date of sale. THE GLUTEN-FREE
MALL® will post all "processed" customers to the affiliate
tracking system upon completion of the 30 day post-sale time period.
The laws of the State of California shall govern this
Agreement. Should there be any legal dispute between the parties, then
both parties agree to take the matter before arbitration/mediation in
Sonoma County, CA should THE GLUTEN-FREE MALL® request arbitration/mediation
in lieu of formal legal process. Both parties mutually agree that the
sole legal venue for all disputes shall be in the Sonoma County Civil