Affiliate Agreement

By participating in the marketing (the “Program”) of any of our products (the “Product”) sold by Earths Water (collectively, the “Brand”) you (the “Affiliate”) agree to the following Terms and Conditions (the “Agreement”).

ELIGIBILITY

Affiliate must be 18 years or older to participate in Program. Brand reserves the unconditional right to accept or deny any Affiliate who enters the Program on any of the Brand’s websites (the “Enrolment Site”) or who drives traffic to any of the Brand’s marketing websites (the “Sites”).

Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Program are deemed inappropriate that Affiliate will be deemed, at the sole discretion of the Brand, ineligible to participate in the Programs and disqualified from receiving any recognition, commissions, prizes or any other compensation or further communication from the Brand.

Affiliate will be immediately removed from all Programs and from Brand’s Affiliate Program — resulting in a forfeiture in all contests and commissions — and will be in violation of this Agreement IF its marketing for this Program or for its own sites:

a) contains, promotes or links to sexually explicit or violent material;

b) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;

c) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;

d) contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or

e) uses Brand’s videos, images, banners, likeness, or brand name in or on their websites or ads, thus creating market and consumer confusion (which is illegal and generally referred to as copyright or trademark infringement).

To be clear, you may not use our banners, images or videos, unless specifically supplied to you, as if they are your own on your own sites or any other sites, as it may cause a customer to opt-in thinking they are opting into our communications rather than yours. Clearly, the best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our program, not pretend to be us.

(f) uses any “bots” or automated link generating, spamming, or social media spamming techniques to perpetuate their links automatically or anonymously. You should only participate in this competition by sending your link directly to your email list, your social media contacts, or through ads you have placed that comply with all the rules on this page.

(g) defames, slanders, or posts rude or inappropriate comments about Promotor or any public figure or member of the expert community. Any rude communication with Promotor’s staff also warrants termination of the affiliate agreement and a forfeiture of all standings, prizes, and commissions.

(h) uses any of our brands in the root of a URL link. This means you cannot use, for example, “earthswater” in your website domain before the (dot), like this: www.earthswater.store.com. However, this would be okay: www.YourSite.com/earthswater. So, to be clear, you cannot have any of our brand names, or any misspelling or alternative use/spelling of our brand names, before the (dot) in .com, .org, etc. Other examples:

NOT OK: www.EarthsWaterReview.com

OK: www.YourSite.com/EarthsWaterReview

(i) for any other reason that is deemed by us to be unsuitable by the Brand.

Brand reserves the right to disqualify Affiliates from our Affiliate program, cancel pending commissions based on inappropriate behaviour or marketing by the Affiliate, and to amend this Program or Agreement at any time without notification to Affiliate.

SPAM AND UNSOLICITED EMAIL

Affiliate agrees NOT to send any unsolicited email to any party during the Program. Brand has ZERO tolerance toward any Affiliate who spams any party or individual, period. If Affiliate is caught spamming by “bots” or automated or anonymous social media posting, they will be removed from the Brand’s Affiliate Program, and their commissions or pending commissions will be cancelled and/or forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website and includes “spamming search engines” or social media with links. Affiliate agrees to abide by the SPAM Act.

COUPON AND DEAL SITES

Deal sites and Coupon sites are NOT ALLOWED.

If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon.

PAY-PER-CLICK ("PPC") GUIDELINES

If you are enrolled in this Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

You may not bid on any of our Trademarks, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network.

You may not use our Trademarks in sequence with any other keyword.

You may not use our Trademarks in your ad title, ad copy, display name or as the display URL.

You may not direct link to the BRAND Site from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Website.

You may not bid in any manner appearing higher than BRAND for any search term in position 1-5 in any auction style PPC advertising program.

If you automate your PPC campaigns, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly suggest you add our Trademarks as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, we may terminate your participation in the Program immediately.

PARASITIC MARKETING & INTERSTITIALS

Affiliate shall not transmit any so-called “interstitials,” “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 BRAND site (i.e., no page from our site or any BRAND content or branding is visible on the end-user’s screen).

As used herein a. “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 BRAND site in IFrames, hidden links and automatic pop ups that open BRAND site;

(d) targets text on websites, other than those websites 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.

EARNING DISCLAIMER

We’ve taken every effort to ensure we accurately represent our Program and it’s potential to help you earn commissions, as described below. However, there is no guarantee that you will get any results or earn any money whatsoever during this Program, and we do not purport this as a “get rich scheme.” Nothing on our Sites or in this Program is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Programs are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. We make no guarantees that you will achieve any results from our ideas or Program and we offer no professional legal or financial advice.

COMMISSIONS

Affiliate will receive the posted dollar amount of commission for every sale they refer during the Program Period only that is directly referred by the Affiliate to the Brand’s Site through the Affiliate’s unique link or cookie. This ONLY includes sales that are driven from the Affiliate to the Brand’s sales sites and as tracked through the Affiliate’s unique link provided by the Brand or the cookie resulting from that link.

Commissions are not paid on, and will not include, a single sale to the Affiliate themselves, meaning Affiliate cannot purchase the Product for their own use through their link and receive a commission on that sale. Affiliate commissions are counted and final numbers are deemed final at the sole discretion and decision of the Brand.

Commission payments will be sent to Affiliate by the Brand via Paypal once every 30 days following the Program Period until the Affiliate has been paid in full. This allows time for accounting after Brand’s satisfaction guarantee policies.

If a sale is cancelled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. Brand reserves the right to change the dates of the commission payout.

LINKS

Brand will provide Affiliate with Links to this Program as well as any related banners, graphics, or text ads necessary to promote and offer the Product to the Affiliate’s customers via the Affiliate’s Sites or emails.

Affiliate may ONLY utilize their unique link provided by the Brand on the Affiliate’s own websites or emails. Affiliate may NOT post their Link on other websites that are not owned or maintained by the Affiliate or the Affiliate’s brand, with the exception of ads or to their social media connections.

Spamming the internet with automated or anonymous links outside of Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions.

Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale. Links are intended to drive new customers to the Program.

All customer information collected during the Program shall be owned by the Brand and it is at the sole discretion of the Brand whether or not the customer information will be shared with the Affiliate. All information collected before, during and after the Program will be managed under the Privacy Policy of the Brand.

RESTRICTIONS

Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Brand without full discloser and permission of the Brand.

Affiliate may not:

a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Brand by any person or entity;
b) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with Brand, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
c) frame the Affiliate’s website to look like the Brand’s website or to utilize the Brand’s branding in anyway that would confuse customers or the general public as to who is hosting or promoting such a website;
d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Brand or the trade or service marks or names of Brand’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Brand;
e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Brand intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Brand; or
f) spam automated or anonymous links to social media pages or search engines. Brand may cancel the Affiliate’s participation in this Program, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate conduct any of the behaviour above.

RELATIONSHIP OF PARTIES

Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate is participating in the Program as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will Brand be held liable for any actions or results of the Affiliate.

CONFIDENTIALITY

Affiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Brand’s confidential information which is not directly provided or approved by the Brand, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement. Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Brand’s business: sales figures, software passwords, Brand list size, list contents, ideas, stories, activities, curriculum, seminar format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Brand.

Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.

This Agreement imposes no obligation of confidentiality on Affiliate with regard to any portion of Brand’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Program without any unauthorized act by or omission of Affiliate; or (c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Brand; or (e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information. In general, Affiliate may not disclose any financial, personal, or business information about the Brand or its executives without permission from the Brand. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.

INDEMNIFICATION AND LIABILITY

Affiliate agrees to indemnify and hold harmless the Brand from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Program to be rendered, except those claims that are judicially determined to have resulted from Brand’s gross negligence or wilful misconduct. Under no circumstances will Brand or their assigns be held liable for Affiliate’s injury or death or any loss or damage of personal belongings or earnings resulting from it providing of the Program or from Affiliate’s participation in any Programs, galas, courses, seminars or events. Affiliate hereby accepts all risk to its health including injury or death that may result from participating in any Brand Events and hereby releases Brand and its officers, employees, interns, Affiliates, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Affiliate’s property and for any and all illness or injury to Affiliate’s person, including death, that may result from or occur during Affiliate’s participation at the Events, whether caused by negligence of the Brand or its representatives. Affiliate acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Program or Events including any financial loss or emergency medical treatment. Affiliate understands that Brand does not give legal or financial advice and under no circumstances will be held liable for results related to the Program or Events

TERMINATION

The relationship between the Parties may be terminated by immediately by either party. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.

ENTIRE UNDERSTANDING AND DISPUTE

This Agreement constitutes the entire understanding of the Parties and may be modified only by the Brand. This Agreement shall be construed and interpreted according to the laws of the State of Victoria in Australia and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Brand and to the Affiliate shall include their heirs, successors, assigns, and personal representatives. In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration.

SEVERABILITY

If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or un enforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.