- 2-Relationship of Parties
- 3-Applying for our Program
- 4-Promotion of our website and products
- 6-Commission Determination; Qualified Purchases
- 7-Commission Payments
- 8-Data Security
- 9-Order Processing
- 10-Obligations Regarding Your Affiliate Site
- 11-Provider Responsibilities
- 12-Policies and Pricing
- 13-Emails and Publicity
- 15-Term and Termination
- 16-Representations and Warranties
- 17-Limitation of Liability
- The Company (The Provider): Peruchos Food LLC owns and operates this Website, therefore Peruchos Food LLC is the provider of this affiliate program and this document governs your relationship with it as an independent affiliate.
- Affiliate: The business, individual, or entity applying to or participating in the Affiliate program, or that displays Provider services and/or promotions on the Affiliate Site, or other means, using an affiliate tracking code in exchange for receiving a commission from the Provider for sales directly resulting from such display
- Affiliate Area: The Affiliate Area is used by Affiliates to track commissions, view reports, and update contact information and payment preferences.Affiliate Site: The Affiliate’s website (if any) which displays the Provider’s products and/or promotions.
- Commission Fees: The amount you will be paid for each Qualified Purchase by a Referred Customer subject to any applicable Commission Threshold and pursuant to the terms of this Agreement.
- Commission Fees: The amount you will be paid for each Qualified Purchase by a Referred Customer subject to any applicable Commission Threshold and pursuant to the terms of this Agreement.
- Qualified Purchase: Any order, within a period of one (60) days or less, after a customer has clicked on a referral link and is not excluded under the Agreement.
- Referred Customer: Each new and unique customer who is referred by an Affiliate through a link (as defined in the Agreement) that provides valid account and billing information.
- Terms of Service: The terms of service agreed upon between the Provider and a Referred Customer relating to the Provider Services.
- Provider’s Website: The Provider-designated website (this website) that the affiliate shall link to from the affiliate site, social network profile, or any other online platform.
2-Relationship of Parties
You and the company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section.
3-Applying for our Program
- To begin the enrollment process, you must submit a completed Affiliate Program signup form.
- We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates Provider’s Acceptable Use Policy, as determined in our sole discretion.
- If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your Affiliate Dashboard. Provider, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.
4-Promotion of our website and products
Use of Links
If you qualify and agree to participate as an Affiliate, we may provide you with access to graphic and textual links (each referred to herein as a “Link” or collectively, as the “Links”) that you may use to promote Provider products and services. Links will serve to identify you, or your website as a member of the Affiliate Program and will establish a link from your website or e-mail to Provider Website. You agree to cooperate fully with us to establish, display and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. The provider may modify the Links from time to time at its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote the Provider that is not approved in advance by the Provider. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).
Search Engine Marketing
Unless otherwise approved by the Provider in writing, Affiliates shall not run SEM campaigns for Provider products on Google.
For so long as you are an Affiliate, you may not purchase, either directly or indirectly, or bid, either directly or indirectly, on any Keywords owned or offered through an internet search engine (including Google, Yahoo, or Bing) that compete with Provider’s name, trademarks, or product names. In addition, you will not, directly or indirectly, engage in any activities that could result in confusion among consumers as to the source of an ad (including the overuse of an authorized trademark, trademark cyber-stuffing, or other similar activities). “Keywords” shall mean a word used in a search request by an internet search engine user which, when used in such an internet search engine, causes a particular sponsor’s ad to appear next to the search results.
Except as permitted herein, you shall not and are not authorized to (i) use Provider’s trademark or other intellectual property, including without limitation, the Links (collectively, “Provider’s IP”) without Provider’s express prior written permission; (ii) use Provider’s name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise; or (iii) act in any way that causes or could cause any confusion concerning the source of, or your association with Provider’s Services. Your use of Provider’s IP in any manner, other than as expressly permitted hereunder shall constitute an unlawful infringement of Provider’s intellectual property rights and may subject you to liability (including potential treble damages for knowing or willful infringement), and the obligation to pay Provider’s legal fees and costs in connection with Provider’s enforcement of its rights.
Discounts and Coupons
You are not allowed to post any refunds, credits, or discounts on Provider products, services, or other content concerning Provider without our prior written consent in each instance. Affiliates may only use active coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Provider Website will in no way alter the look, feel, or functionality of the Provider Website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
- It is the intent of the Provider to treat all customers fairly. Accordingly, we require all Affiliates to comply with applicable laws, regulations, and guidelines, including without limitation, those concerning advertising and marketing which further include as applicable the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of the Provider’s Services must clearly and conspicuously disclose the fact that you receive compensation for Referred Customers. In addition, disclosures must (i) be made as close as possible to the claims, (ii) be made on each page of the Affiliate Site containing a Link or referencing Provider, and (iii) be immediately evident and not require scrolling, clicking or any other user action to learn you receive compensation. You can read more about how the FTC guidelines apply to you here. FTC guidelines are subject to change over time and it is your responsibility to review and comply with current guidelines as they may change over time. You are advised to seek and obtain your own legal advice on how these rules apply to the Affiliate Site or other promotional activities for which you receive compensation.
- Provider reserves the right to withhold Commission Fees and cancel your participation in the Affiliate Program should we determine, in our sole discretion, that you are not in compliance with applicable laws, regulations, and guidelines.
6-Commission Determination; Qualified Purchases
Commission Fees will be calculated based on the commission rates stated on the Affiliate Dashboard for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to the Agreement. A “Qualified Purchase” does NOT include any of the following:
- A purchase by a Referred Customer that it is subject to a refund.
- A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through a Link.
- A purchase that Provider suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
- A purchase by a Referred Customer who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.
- A purchase by a Referred Customer more than ninety (60) days after clicking through the Link.
- The Provider reserves the right to suspend the payment of Commission Fees at any time and indefinitely if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement or the Provider Terms and Conditions by the Affiliate or a Referred Customer. Provider reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, or canceled purchases. If no subsequent Commission Fees are due and owing, Provider may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.
- Provider reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” The affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees. The provider is not obligated to actively notify Affiliates of the status of Commission Fees. If the Affiliate has a question about a Commission Fee that has been canceled or withheld, the Affiliate has thirty (30) days from the day the payment would have been due to contact the Provider to request that the Commission Fee be paid. Any changes to decisions about canceled or withheld Commission Fees are strictly made at Provider’s sole discretion.
- Commissions for any Referred Customer who is associated with any Provider reseller, referral, or other programs may not be considered a Qualified Purchase, as determined by the Provider in its sole discretion. In other words, you may not receive double commissions or compensation.
- Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Provider or any violation of the terms of this Agreement constitutes immediate grounds for Provider to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
- Subject to the terms of this Agreement, Commission Fees will be calculated according to the specified percentage (10%) or dollar amount set forth in the commission report in your Affiliate Dashboard for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.
- Instead of collecting their commissions, the affiliate can decide whether to exchange their commissions for the same dollar value in a credit for future purchases on this Provider’s website.
- Commission Fees will be processed approximately forty-five (30) to seventy (50) days after the last day of the month in which they accrue.
- The Provider will only compensate you for Qualified Purchases made in accordance with the terms of this Agreement.
- This Affiliate Platform offers PayPal as a payment method, It is the affiliate’s responsibility to provide the email that will be used for Paypal payment, in order to collect the earnings, please refer to PayPal’s policy to ensure you are eligible to receive payments if you reside outside of the United States.
- The Provider, in its sole discretion, reserves the right to modify the available payment methods or payment schedule at any time. Such changes shall take effect when posted.
- Disputes: The affiliate agrees to file any disputes within forty-five (45) days of the date on which a disputed sale or event occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by the Provider and the Affiliate forfeits forever any rights to a potential claim.
- The Provider is not responsible for paying any third-party fees, including any fees charged by PayPal.
- The Provider, in its sole discretion, may offer you the ability to receive Commission Fees through PayPal Payouts or standard PayPal.
Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”). The affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Provider in complying with any data subject rights request under the GDPR that Provider may receive from any individuals referred to Provider by Affiliate. Affiliate further agrees to promptly assist Provider in complying with any duties to cooperate with supervisory authorities under the GDPR.
The Provider will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Provider. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including the Provider’s products, cancellation, processing, refunds, and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site, emails, social media platforms, etc, and will make this information available to you through our website in the affiliate area dashboard.
10-Obligations Regarding Your Affiliate Site
If the affiliate is going to promote us through his website (Affiliate site):
- The affiliate is solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to the Provider Website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Provider Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
- We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. Affiliate shall reasonably cooperate with any Provider audit of the Affiliate Site, including but not limited to the provision of documentation or information reasonably requested by Provider. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.
We will provide all information necessary for you to make Links from your Affiliate Site, emails, social media platforms, etc to the Provider Website. The Provider will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for the Provider products placed by a Referred Customer, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, emails, or social networks platforms for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the products purchased.
12-Policies and Pricing
Referred Customers who buy the Provider products through our affiliate network are deemed to be Provider’s customers. Provider’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, the Provider determines the prices to be charged for Provider products sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Provider products may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on Provider Website, but we cannot guarantee the availability or price of any particular Provider product.
13-Emails and Publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Provider’s prior written consent, to be granted or denied in Provider’s sole discretion, in each instance. Additionally, you may only send emails containing a Link and or a message regarding the Provider or the Affiliate Program to people who have previously consented to receive such communications from you. Your failure to abide by this Section and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your Affiliate account has excessive clicks in a very short period of time as determined by the Provider in its sole discretion, the Affiliate relationship may be terminated.
We may modify this Agreement at any time at our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of Provider Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement, in which event you shall be entitled to your rights under the unmodified Agreement in effect prior to the date of the applicable modification.
15-Term and Termination
- The terms of this Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.
- You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for Commission Fees only if the orders for the related Provider Services are not canceled within (30) days and comply with all the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payments from Referred Customers are legitimate as determined by the Provider in its sole discretion.
- Any Affiliate who violates this Agreement, Provider’s Terms of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received Commission Fees and will be immediately removed from the Affiliate Program.
- Provider reserves the right to remove an Affiliate from the Affiliate Program and to terminate or suspend this Agreement, at any time for any reason, in Provider’s sole discretion.
16-Representations and Warranties
You hereby represent and warrant to us as follows:
You have reviewed and understand this Agreement and agree to be bound by its terms.
- Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
- You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Provider the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary rights of any third person or entity.
- You are not required to obtain consent, approval, or authorization of or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement
- There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
- During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or in violation of our Terms of Service.
- You are at least eighteen (18) years of age.
- Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.
17-Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED FIVE HUNDRED DOLLARS ($300.00).