Terms And Conditions

Agreement Acceptance

By selecting the "I agree" box in the application, you acknowledge your enrollment as an Affiliate in the Affiliate Program. You certify that you have read, understood, and agreed to be bound by all terms and conditions outlined in this Agreement, including any incorporated documents, policies, procedures, and potential future amendments. Additionally, you confirm that you face no conflicts or restrictions in entering or performing this Agreement and have obtained all necessary approvals required under applicable law.

Definitions

Affiliate: The business, individual, or entity participating in the Affiliate Program, displaying Herbies Seeds' products and services on its website using an affiliate tracking code for commission.
Affiliate’s Site: The website where Herbies Seeds’ products, services, or promotions are displayed.
Herbies’ Products and Services: Offerings available at herbiesheadshop.com
Commission Fees: The amount paid to Affiliates for each Qualified Purchase by a Referred Customer.
Commission Threshold: The minimum Commission Fees an Affiliate must accrue before receiving payment.
Qualified Purchase: A received order from a Referred Customer attracted by the Affiliate.
Referred Customer: A new and unique customer referred from the Affiliate through a Link, providing valid account and billing information.
Registration Form: Any order form or signup form submitted by a customer to purchase Herbies Seeds' Products and Services.

Enrollment in the Program

A)    To enroll, submit the Affiliate Program Signup Form available at Affiliate Signup Page.
B)    Registration is open to individuals aged 18 and above.
C)    Submission of the registration form signifies acceptance of these Terms and Conditions.
D)    Herbies will evaluate applications and notify applicants of acceptance or rejection promptly.
E)    Herbies reserves the right to reject applications for unsuitable websites or content violating these Terms and Conditions.
F)    Rejected applicants may not reapply with the same or a different domain/URL.
G)    Herbies reserves the right to deny Affiliate participation without providing reasons.

 

Sales Commissions

A)    The commission for each qualified order starts at 7% and can reach up to 20% per sale.
B)    Specific terms for calculating commissions are available in the Affiliate’s account campaigns.
C)    The commission is based on the total amount of sold items, excluding shipping fees and insurance fees. These costs are remitted to third parties and do not constitute revenue for Herbies or Affiliates.
D)    Affiliates earn commissions only on the actual value of products sold.

 

Referral Fees

A)    A 1% referral fee is paid on the total revenue generated by an attracted affiliate..
B)    Details on referral fee calculations are available in the Affiliate’s account campaigns.

 

Payout methods and conditions

A)    Herbies may withhold initial Commission Fees for new Affiliates pending legitimacy verification.
B)    Payments may be suspended if fraud or improper activity is suspected.
C)    Herbies may withhold Commission Fees for excessive cancellation rates or unqualified purchases.
D)    Affiliates must accrue a minimum balance of €100 for withdrawal. Balances below this amount are ineligible.
E)    Herbies may charge a withdrawal fee consistent with applicable payment system fees.
F)    Payments are issued in euros from the 1st to the 15th of each month.
G)    Commissions are valid only within the corresponding financial year. Affiliates must withdraw earnings on time to prevent forfeiture.

 

Order Processing and User Tracking

A)    Herbies Seeds processes orders from Referred Customers who follow Affiliate Links. We reserve the right to reject orders at our discretion if they do not meet our requirements. All aspects of order fulfillment, including product delivery, cancellations, refunds, and payment processing, remain our responsibility.
B)    Affiliate sales are tracked automatically via cookies, which are placed in the user’s browser upon clicking an Affiliate link. If an existing cookie from another Affiliate is present, the new cookie will overwrite it. Herbies is not responsible for cookies that are intentionally deleted by users. The Affiliate is responsible for ensuring links are correctly formatted for accurate tracking.
C)    Sales tracking is automated via cookies placed in the user's browser through the Affiliate's link.
D)    Commissions are paid only on Qualified Purchases that meet specified criteria:
•    At the time of the order, the customer had an active cookie indicating you as the last referring Affiliate.
•    The customer did not arrive via a search engine query unrelated to the Herbies Seeds brand name.
•    The Affiliate’s account must be active at the time of the sale.
•    The referred customer must be new (not an existing customer or affiliate).
E)    Herbies reserves the right to invalidate any sale at its discretion, without the obligation to provide an explanation.
F)    Chargebacks negate Commission Fees related to the transaction. If a Chargeback occurs (initiated by a customer, credit card provider, bank, or third-party processor), no commission will be paid for that transaction. If a commission was already paid, Herbies may:
•    Deduct the equivalent amount from the Affiliate’s next commission payment.
•    Issue an invoice for the amount, which the Affiliate must pay within 30 days.

 

 

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. The Affiliate must ensure that all materials used in connection with the Affiliate Program are legal, do not infringe on intellectual property or personal rights, and do not contain or link to Objectionable Content, including but not limited to:
•    Harmful, threatening, defamatory, obscene, or sexually explicit material.
•    Content promoting violence, discrimination (based on sex, religion, race, ethnicity, nationality, disability, or age), or illegal activities (such as gambling).
•    Profanity or any material deemed objectionable by Herbies Seeds.
Herbies Seeds reserves the right to determine what constitutes Objectionable Content and may request removal at its sole discretion. B)    The Affiliate does not 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.
C)    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 or Clients or a part of the Program Web Site, without prior written permission from us.
D)    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.
E)    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.
F)    Affiliate is not allowed to create any profiles or channels that include the Herbies (herbiesheadshop.com) trademark in the page name or as a username.
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.

 

Compliance with Laws 

Affiliates must comply with all applicable laws of their country of residence while participating in the Affiliate Program.

 

Marketing Communications & Email Updates:

A)    By registering for the Herbies Seeds Affiliate Program, Affiliates consent to receive marketing emails, program updates, and promotional materials related to their participation.
B)    These emails may include new offers, commissions, program changes, special promotions, and important announcements.
C)    Marketing communications will be sent through our platform or an external service used for managing affiliate relations.
D)    Affiliates can unsubscribe from non-essential communications at any time, but critical program updates may still be sent.

Data Security

A)    Affiliates must adhere to data protection laws, including the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the "GDPR").
B)    Affiliates must implement appropriate security measures to protect customer data.
C)    Affiliates agree to assist Herbies Seeds in complying with data subject rights requests and cooperating with supervisory authorities under GDPR.

Inappropriate Advertising Methods

Prohibited advertising methods include
•    Spam advertising (email spam, social media spam, etc.).
•    Search advertising via Google Ads.
•    Traffic from illegal or fraudulent sources.
•    Unapproved incentive programs.
•    Misuse of Herbies Seeds' trademarks or branding.

 

Account Termination

A)    Affiliates may terminate their account by contacting Herbies Seeds.
B)    Herbies Seeds reserves the right to terminate an account with or without notice for:
•    Violation of Terms & Conditions.
•    Use of prohibited advertising methods.
•    Failure to maintain compliance with program policies.
C)    Upon termination, the Affiliate must remove all Herbies - related materials from their site.
D)    The Affiliate loses all rights to Herbies’ trademarks, branding, and slogans post-termination.

 

Governing law

Any disputes arising under this Agreement shall be resolved according to the legislation of the jurisdiction where the Herbies entity servicing the Affiliate's account is located.

Limitations of Liability

A)    Herbies is not liable for indirect, incidental, or consequential damages.
B)    Herbies' total liability shall not exceed the total commission fees paid under this Agreement.
C)    Herbies is not responsible for the tracking platform’s reliability.

 

Amendments to Terms and Conditions

A)    Herbies reserves the right to modify this Agreement at any time, with changes taking effect immediately upon posting on its website.
B)    Affiliates who do not agree with amendments must terminate their account within 10 business days.
C)    Only Herbies official representatives can alter these Terms and Conditions.

Amendments to Terms and Conditions: Herbies may alter this Agreement with immediate effect upon posting on its website. Affiliates not agreeing to amendments must terminate their account within 10 business days. Only Herbies Seeds employees can alter these Terms and Conditions.