Terms And Conditions

By clicking the “I agree” box in the application, you agree to sign up to be an Affiliate in the Affiliate Program and certify that (a) you have read this Agreement and understand all of its content; and (b) you agree to be bound by all terms and conditions of this Agreement, including without limitation, all documents, policies and procedures incorporated herein by reference and any possible future amendment thereof or additions there to; and (c) you have no conflict or other restriction in entering or performing this Agreement or any part thereof, including receipt of all the applicable approvals required under the applicable law for the performance of this Agreement by you.

Definitions

Affiliate - The business, individual, or entity applying to or participating in the Affiliate Program, or that displays
Herbies Seeds' products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from Herbies Seeds for sales directly resulting from such display.

Affiliate's Site - The Affiliate's website where Herbies Seeds' products and services and/or promotions are displayed.

Herbies Seeds' Products and Services - Products and services available at the website https://herbiesheadshop.com/

Commission Fees - The amount that the Affiliates will be paid for each Qualified Purchase by a Referred Customer that the Affiliates refer to Herbies Seeds subject to the Commission Threshold and pursuant to the terms of this Agreement.

Commission Threshold - The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from Herbies Seeds.

Qualified Purchase – The sent order of a referred customer who was attracted by the Affiliate.

Referred Customer - Each new and unique customer referred from Affiliate through a Link that provides valid account and billing information.

Registration Form - Any and all order forms or other signup or acceptance form submitted by a customer to purchase Herbies Seeds' Products and Services.

Enrollment in the Program

A)    To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at https://HerbiesSeeds.postaffiliatepro.com/affiliates/signup.php#SignupForm.
B)    Registration is available to persons who have reached the age of 18.
C)    By submitting the registration form, the Affiliate is acknowledging these Terms and Conditions. Thus, the Affiliate is accepting the Agreement (offer) on their participation in the Herbies Seeds Affiliate Program.
D)    We will evaluate your application in good faith 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 is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates this Terms and Conditions.
E)    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 account. Herbies Seeds, in its sole discretion, reserves the right to notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
F)    Herbies Seeds reserves the right to deny the Affiliate to participate in the Affiliate Program with no reasons given.
G)    Terms and Conditions hereof shall prevail over any terms provided by the Affiliates.

Sales Commissions

The commission for each qualified order starts at 10% and ends at 25% for each sale. The terms and conditions for calculating the commission are available in the campaigns available in the Affiliate's account.

Referral Fees

The referral fee for attracting an affiliate is 1% of the total revenue of the attracted affiliate. The terms and conditions for calculating the commission are in the campaigns in the Affiliate's account.

Payout methods and conditions

A)    Herbies Seeds reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by Herbies Seeds in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
B)    Herbies Seeds 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 by the Affiliate or a Referred Customer. Herbies Seeds reserves the right to deduct from the Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
C)    Herbies Seeds reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a Qualified Purchase. The Affiliate is responsible for monitoring the payment, denial and, withholding of Commission Fees. Herbies Seeds 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 cancelled or withheld, Affiliate has thirty (30) days from the day of the payment would have been due to contact Herbies Seeds to request that the Commission Fee be paid.  Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Herbies Seeds' sole discretion.
D)    Commissions for any Referred Customer who is associated with any Herbies Seeds reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
E)    In the event that the Referred Customers that are referred to Herbies Seeds by an Affiliate are determined to have an excessive cancellation rate, as determined by Herbies Seeds in its sole discretion. Herbies Seeds reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
F)    Any attempt by the Affiliate to manipulate, falsify or inflate the Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Herbies Seeds or any violation of the terms of this Agreement constitutes immediate grounds for Herbies Seeds to terminate the Affiliate's participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
G)    The Affiliate is not able to purchase a withdraw at any time. Payments containing previous month commissions occur only from 5th to the 15th of each month at the initiative of Herbies Seeds. In case if an affiliate does not confirm an invoice containing the previous month commissions by answering an email by 15th of each month, Herbies Seeds reserves the right to postpone the payment until the next month payment period. In order to receive a payout of earned commissions, the Affiliate must accrue a minimum balance of 100 euros in their affiliate account. Any balances below this amount will not be eligible for withdrawal or payment. Herbies Seeds reserves the right to charge a withdrawal fee that is consistent with the applicable payment system fee. Payments are issued in euro.

Order Processing and User Tracking

A)    Herbies Seeds will process orders placed by Referred Customers who follow the Links from the Affiliate's Site to Herbies Seeds. 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, Herbies Seeds' goods and services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by the Affiliate's Site and will make this information available to the Affiliate through the Affiliate's website. To permit accurate tracking, reporting, and commission accrual, the Affiliate must ensure that the links between the Affiliate’s website and Herbies Seeds website are properly formatted.
B)    We track the Affiliate's sales automatically by the use of cookies. The cookies are placed in the browser of the user that clicks on the Affiliate's link to reach our website. If there is a previous Affiliate's cookie in the same user's browser the new cookies will overwrite it. Herbies Seeds is not responsible for cookies intentionally deleted by users.
C)    Herbies Seeds shall pay the Affiliate a per-sale commission for any Qualified Purchase the Affiliate refers to Herbies Seeds. For a Qualified Purchase ALL of the following are true:
D)    The sale was made as a result of your active referral efforts. We determine if any of the following is true:
•    At the time of order, the customer has an active cookie indicating you as the last Affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Herbies Seeds' name;
•    The Affiliate's account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.
•    The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
•    The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
E)    We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.
F)    If, following a Transaction, any form of Chargeback is made to Herbies Seeds by or on behalf of any customer, third party processor, credit card company or banking institution, no Commission is payable in relation to such Transaction and if Herbies Seeds has already paid the Affiliate's Commission on such Transaction Herbies Seeds may deduct an amount equal to such Commission from the next payment of Commission due to the Affiliate, or where no further Commission is due, Herbies Seeds shall raise an invoice for such amount and this shall be paid by the Affiliate to Herbies Seeds within 30 days of the invoice date.

Responsibility for Ads on the Affiliate's Site

A)    The Affiliate has sole responsibility for the development, operation, and maintenance of, and all content on or linked to, Affiliate's Media.
B)    The Affiliate ensures that all materials posted on the Affiliate's site or otherwise used in connection with the Affiliate Program are legal, do not infringe upon the intellectual property or personal rights of any third party and do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, do not promote violence, discrimination of any kind, including sex, religion, race, ethnicity, nationality, disability or age, doesn’t promote illegal activities (such as gambling), doesn't contain profanity or otherwise contains materials that as Herbies Seeds informs the Affiliate is considered objectionable (collectively referred to as Objectionable Content).
C)    The Affiliate doesn't make any representations, warranties or other statements concerning Herbies Seeds or Client or any of their respective products or services, except as expressly authorized herein.
D)    The Affiliate makes sure that the Affiliate's Media does not copy or resemble the look and feel of the Program Web Site or create the impression that the Affiliate's Media is endorsed by Herbies Seeds or Clients or a part of the Program Web Site, without prior written permission from us.
E)    The Affiliate complies with all obligations, requirements and restrictions under this Agreement and laws, rules and regulations as they relate to the Affiliate's business, Media or the Affiliate's use of the links.
F)    The Affiliate complies with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
G) Affiliate does not allowed to create any profiles or channels that include the Herbies Seeds (herbiesheadshop.com) trademark in the page name or as a username.

H) Affiliate allowed to place Herbies Seeds affiliate links on Affiliate's own channels / profiles however, Affiliate does not allowed to place affiliate links on the websites, social media channels and profiles of Herbies Seeds (herbiesheadshop.com).

I) Affiliate lists all the domains that use Affiliate's Herbies Seeds link on inside Affiliate's profile via the affiliate.herbiesheadshop.com dashboard.

Compliance with Laws 
While the Affiliate participates in the Affiliation Program, the Affiliate shall comply with laws of the country of the Affiliate's residency. 

Data Security  
The Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the Spain or the country where the Affiliate is residing, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the "GDPR"). 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. The Affiliate agrees to promptly assist Herbies Seeds in complying with any data subject rights request under the GDPR that Herbies Seeds may receive from any individuals referred to Herbies Seeds by the Affiliate.
Affiliate further agrees to promptly assist Herbies Seeds in complying with any duties to cooperate with supervisory authorities under the GDPR.

Inappropriate ways of advertising include, but are not limited to:
A)    Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
B)    Using Search Advertising at Google Ads;
C)    Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
D)    Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
E)    Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
F)    Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;

Account Termination
A)    The Affiliate can cancel and terminate the Affiliate's account at any time by contacting Herbies Seeds through the Affiliate's Area. Herbies Seeds will send the Affiliate a written confirmation that the Affiliate's account has been terminated.
B)    Herbies Seeds can terminate the Affiliate's account:
•    With a seven-day prior notice without explanation.
•    Immediately with no prior notice, if the Affiliate violates the Affiliate Program Terms and Conditions.
•    Immediately with no prior notice, if the Affiliate has not generated any sales for a period longer than 6 months.
C)    Once the Affiliate's account is terminated, we will no longer track the sales associated with the Affiliate and the Affiliate will not be qualified for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate after any holding period and in accordance with a regular payout cycle. No outstanding commission payments will be due if Herbies Seeds terminates the Affiliate´s account because of violation of this T&C.
D)    Upon termination of the Affiliate's account, the Affiliate is obliged within 3 business days to remove all promotional materials, trademarks, links, logos and slogans of Herbies Seeds from his web site. This provision shall survive the termination of the Agreement. After the termination of this Agreement, the Affiliate shall not have the right to use Herbies Seeds trademark(s), logo and slogans and shall refrain from any actions that may directly or indirectly adversely affect the image and reputation of Herbies Seeds, as well the business relations with its current and potential clients.
E)    Upon termination of the Affiliate's account, this Agreement shall be automatically terminated.

Governing law
Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction where the Herbies Seeds entity servicing the Affiliate's account is located.

Limitations of Liability
A)    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 Herbies Seeds' 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.
B)    Herbies Seeds Affiliate Program works on the PostAffiliate pro platform. Herbies Seeds is not responsible for the reliability of its traffic tracking, nor for the performance of the PostAffiliate Pro platform. If you have any complaints or concerns regarding the operation of the platform, please contact the technical support team at PostAffiliate Pro.

Amendments to the Terms and Conditions of the Affiliate Program 
Herbies Seeds may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Herbies Seeds. The Terms and Conditions hereof are always available on Herbies Seeds' website. If the Affiliate does not agree to any amendments, the Affiliate must terminate the Affiliate’s account within 10 business days of the date of the amendment. Only a Herbies Seeds employee is authorized to alter the Terms and Conditions hereof. No agent of, or person employed by or under contract with, Herbies Seeds has any authority to alter or amend Terms and Conditions hereof in any way. No oral explanation or oral information given by any party shall prevail alter the interpretation of the Terms and Conditions.
 

Last update: 21.06.2022