This Affiliate Service Agreement (the "Agreement") is made by and between Earth Elements Organics, LLC (“earthelementsorganics.net”), a Colorado based company, and an Affiliate utilizing the Earth Elements Organics, LLC services/products ("You", "Your", "Affiliate"). This Affiliate Service Agreement (”Agreement”) describes the terms and conditions for participation in the Earth Elements Organics, LLC Affiliate Program (“Affiliate Program”). In this agreement, the term "Affiliate" refers to You (the applicant). In this agreement, Earth Elements Organics, LLC refers to the “Earth Elements Organics” (“Service/Product Owner”, “Us”, “We”, “Our”).

You must be 18 years or older to be part of this Program. You must agree to abide by the terms and conditions contained in this
Agreement in order to participate. Please read this Agreement carefully before registering and using the services/products as an Affiliate. By signing up for earthelementsorganics.net, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the earthelementsorganics.net services/products as an Affiliate.  

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads,
clicks, or other measurable action.

URL: You will be issued a special URL once you become an approved member of the Earth Elements Organics Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

COMMISSIONS: Affiliates will receive 20% of the revenue as a commission from orders placed through properly coded affiliate links (unless noted otherwise for a particular product). Earth Elements Organics will pay any commissions owed to Affiliate within 30 days of receipt. Commissions may change at the discretion of Earth Elements Organics. Earth Elements Organics commissions may increase during limited time special promotions, but they will return thereafter to the regular 20% commission rate.

For a sale to generate a commission to an Affiliate, the customer must complete the order and 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.

If an Affiliate have generated commissions in breach of this Agreement an Affiliate will, by way of future assignment, assign to Us all of Affiliate’s rights and ownership in those commissions. This includes any commissions an Affiliate have already been paid, which an Affiliate will repay to us when we ask.

If we cannot get in contact with an Affiliate using the contact details set out in the application or account settings, and: (a) We
cannot pay you commissions because You have provided incomplete or incorrect payment information; or (b) You have not logged in to Our website for 12 months; You waive your right to be paid those commissions and You assign (way of future assignment) all of Your rights and ownership in any commissions which we are holding to your account.

If We are late paying your commissions, You cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement. You will not receive any interest on commissions held to your account.

AFFILIATE’S ACCOUNT: As an affiliate, you can only have 1 (one) account. You can list multiple domains in one account, but only one account is allowed. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like. You are responsible for maintaining the security of your account and password. You may not use the Affiliate Program for any illegal or unauthorized purpose.

International affiliates (those with addresses outside of the 50 U.S. States) are paid via Direct Deposit where possible. Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Czech as a country, you must be in Czech.

PAYMENT: Earth Elements Organics 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 Earth Elements Organics to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.

ORDER FULFILLMENT: Earth Elements Organics will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Earth Elements Organics products/services from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these
products/services on eBay or other auction sites. Affiliates are not authorized to give away copies of any of these products/services. Earth Elements Organics 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/services through the Earth Elements Organics Affiliate Program will be deemed to be customers of Earth Elements Organics. 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/services may vary from time to time.

QUALIFYING WEBSITES: Earth Elements Organics reserves the right to refuse any site entry into the Earth Elements Organics Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:     

- Promote sexually explicit materials.       

- Promote violence.

- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

- Promote illegal activities.

- List coupon codes or discounts that were NOT officially provided to them by Earth Elements Organics.   

- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Earth Elements Organics or          any other site.

Want to promote a coupon? Please contact us and we can work with You. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of Your affiliate account and withholding of affiliate payments for violating our affiliate agreement.

MARKETING: Affiliates are permitted to place Earth Elements Organics merchant’s banners anywhere on their site(s) as they see fit, or within non-spam emails. If a specific size banner ad is not available, the Affiliate may contact the [email protected] and request a new banner graphic be added to the available resources.

Affiliates MAY NOT use the Earth Elements Organics logo, logo marks or other Earth Elements Organics website/branding
imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Earth Elements Organics. Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.

SPAM: You are not allowed SPAM. Earth Elements Organics will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We will terminate your account on the first offense.

RELATIONSHIP and TERMINATION: Affiliates are independent contractors, 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 will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

Failure to abide by these rules could mean termination from a given merchant program, or from earthelementsorganics.net completely with a complete forfeit of commissions.

Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED
COMMISSIONS.

LIMITATION of LIABILITY: Earth Elements Organics will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Affiliate Service Agreement, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Affiliate Service Agreement will not exceed the total commissions paid or payable to the affiliate under to this Agreement.

DISCLAIMER: 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 Earth Elements Organics will not be liable for the consequences of any interruptions or errors.

FORCE MAJEURE: Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTION: This Agreement shall be governed by Colorado, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Affiliate Service Agreement shall be in the state and federal courts in and for the State of Colorado, USA and You consent to such jurisdiction. The application of the United Nations Convention on the
International Sale of Goods is expressly excluded.

MISCELLANEOUS: Our failure to enforce Your strict performance of any provision of this Affiliate Service Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Affiliate Service Agreement are determined by a court to be unenforceable, they shall be severed from this Affiliate Service Agreement, and the remaining provisions shall remain in full force and effect. By signing up with this Earth Elements Organics Affiliate Service Agreement, 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.