About Territorial Seed Company
Earn cash for every customer you refer to Territorial Seeds! Did you know that the average distance any supermarket-bound vegetable or fruit travels to the store is 800 miles? But a gardener's own fruits and vegetables move from the garden to the table within minutes, with every ounce of nutritional value intact. At Territorial Seed, our purpose is to improve people's self-sufficiency and independence by enabling gardeners to produce an abundance of good tasting, fresh from the garden food, twelve months a year. As a partner in the Territorial Seed affiliate program, you’ll earn 5% of revenue! Sales will have a 7-day cookie window. Paid Search bidding of any kind – branded or non-branded keywords on Google, Microsoft Ads (Bing) and their subsequent partner networks, are strictly prohibited at this time.Territorial Seed Affiliate Marketing AgreementWe strive to care for our partners in the same way we do our customers. If you need any assistance at all, you can contact Mel Reynolds at mreynolds@territorialseed.comWe do not allow any keyword bidding, including trademark bidding and non-branded (non-trademark) bidding on any search engine. We do allow direct linking. We allow downloadable software partners to join our program. We allow incentivized partners. We allow email marketing. All partners must be CAN-SPAM compliant and must contact us prior to running these for suppression lists. Any partner that doesn't reach out first is considered to be in violation of our terms and conditions. TERRITORIAL SEED AFFILIATE MARKETING AGREEMENTPLEASE READ THE ENTIRE AGREEMENT.YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.THIS IS A LEGAL AGREEMENT BETWEEN YOUR SITE AND TERRITORIAL SEED.BY SUBMITTING TO THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. Overview This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Territorial Seed Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Territorial Seed.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Territorial Seed, and "you," "your," and "yours" refer to the affiliate. Affiliate Obligations 2.1. To begin the enrollment process, you will complete and submit the online application at the Pepperjam Network server. The fact that we may auto-approve or auto-reject applications does not imply that we may or may not re-evaluate your application at a later time. We may reject or approve your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: 2.1.1. Promotes sexually explicit materials 2.1.2. Promotes violence 2.1.3. Promotes discrimination based on, but not limited to, race, sex, religion, nationality, disability, sexual orientation, or age 2.1.4. Promotes illegal activities 2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 2.1.6. Includes "Territorial Seed", or variations or misspellings thereof in its domain name 2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program. 2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Territorial Seed or any other affiliated business. 2.2. Territorial Seed's Affiliate Program is administered through Pepperjam. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the TerritorialSeed.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that is provided within the creative library for each and every banner, text link, or other affiliate link or creative element we provide you with. 2.3. Territorial Seed reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you. 2.4. The maintenance and the updating of your site will be your sole responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that will bring you into compliance or should enhance your performance. 2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights. Territorial Seed’s Rights and Obligations 3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Territorial Seed Affiliate Program. 3.2. Territorial Seed reserves the right to terminate this Agreement and your participation in the Territorial Seed Affiliate Program immediately and without notice to you should you commit fraud in your use of the Territorial Seed Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Territorial Seed shall not be liable to you for any commissions for such fraudulent sales. 3.3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder. Termination Either you or we may end 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, email or fax. In addition, this Agreement may terminate immediately upon any breach of this Agreement by you. Modification We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email and/or through internal messaging within the Pepperjam Network interface. Modifications may include, but are not limited to, changes in the payment procedures and the Territorial Seed Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Territorial Seed Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. Payments 6.1. Territorial Seed uses a third party to handle all of the tracking and payment. The third party is the Pepperjam affiliate network. Kindly review the network’s payment terms and conditions. 6.2. Concerning split shipments, in the event that multiple items are requested to be shipped to multiple locations in any single transaction, an affiliate commission will be paid only on the first item in such transaction. 6.3. Territorial Seed has an affiliate system that is setup to follow a “last cookie gets credit” policy. This means that in order for an affiliate to be credited with the sale, it will have to be the final affiliate to drive the customer to the site before the purchase is made. 6.4. Territorial Seed will pay out commissions only on shipped orders going to states and locations currently served by Territorial Seed. 6.5. Commissions will only be paid on new-to-file customers’ first-order. Access to Affiliate Account Interface You will create a password so that you may enter Pepperjam’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you. Promotion Restrictions 8.1. You are free to promote your own web sites, but any promotion that mentions Territorial Seed could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Territorial Seed. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name, brand, and goodwill. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Territorial Seed.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Territorial Seed as long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Territorial Seed. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Territorial Seed Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. 8.2. Affiliates will be provided with promotional codes, discount codes, and offers that may be exclusive to the affiliate channel. Use of promotions, discounts, deals, and/or offers in affiliate marketing efforts that are sourced from outside the affiliate channel, and/or not provided by Territorial Seed, are expressly prohibited. Affiliates’ use of external promotions, discounts, deals, and/or offers, or any promotion, discount, deal, and/or offer not provided for use in the affiliate program, in the course of affiliate promotions will result in review of the affiliate relationship and may result in the expulsion of the affiliate from the Territorial Seed Affiliate Program. We will do everything possible to contact the affiliate prior to expulsion. However, we reserve the right to expel any violator from our affiliate program without prior notice, and on the first occurrence of such behavior. 8.3 Branded Search/TM+ Search Efforts: Affiliates that, among other keywords or exclusively, bid in their Pay-Per-Click campaigns on keywords such as TerritorialSeed.com, Territorial Seed, TerritorialSeed, www. TerritorialSeed, www. Territorial Seed.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be removed, expelled, and banned from the Territorial Seed Affiliate Program. We will do everything possible to contact the affiliate prior to the expulsion. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. 8.4. Affiliates are not prohibited from keying in prospect’s information into a lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Territorial Seed service). 8.5. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Territorial Seed.com web site (i.e., no page from our site or any Territorial Seed content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of the Territorial Seed.com web site, or any page on the Territorial Seed.com domain, in iframes, hidden links and automatic pop ups that open the Territorial Seed.com web site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application. Grant of Licenses 9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Territorial Seed Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Territorial Seed and the good will associated therewith will inure to the sole benefit of Territorial Seed. 9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other. Disclaimer TERRITORIAL SEED MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE TERRITORIAL SEED SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF TERRITORIAL SEED’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Representations and Warranties You represent and warrant that: 11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; 11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement. Limitations of Liability WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL TERRITORIAL SEED'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. Indemnification You hereby agree to indemnify and hold harmless Territorial Seed, and its parent, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. Confidentiality All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. Miscellaneous 15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Territorial Seed. 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 Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. 15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to the conflicts of laws and principles thereof. 15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. 15.5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written. 15.6. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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