become an affiliate - agreement terms

AGREEMENT TERMS — for the E3Live Affiliate Program
*At present, we are only accepting E3Live Affiliate Program participants from the Continental USA, Hawaii, Alaska or Canada (who have end-user clients based in the USA or Canada). Submitting your application indicates you have read and agree to this and the following terms.

(For US Affiliates): Once you are an approved affiliate, we will need a W-9 for you. Please fill out this form here: http://www.irs.gov/pub/irs-pdf/fw9.pdf and send the completed form to us either by mail: E3Live, 610 Broad Street, Klamath Falls, OR 97601 (attn: Accounting) or scan it and send via email to: Pam@e3live.com

1. TERM OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your Web Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause and with or without notice. You are only eligible to earn referral fees on valid online sales occurring during the term, while your account was in good standing. If your account is suspended for any reason, commissions will not be earned during the suspension period. If we suspect fraud or non-compliance with the following Terms, we reserve the right to suspend your account without notice.

2. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING ANY CHANGES THAT ARE MADE OR THE INSERTION OF A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3. LIMITATION OF LIABILITY
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the 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 Program will not exceed the total referral fees paid or payable to you under to this Agreement.

4. INDEPENDENT INVESTIGATION
You acknowledge that you have read this agreement and agree to all its Terms and understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in the agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than set forth in this agreement.

5. MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the State of Oregon, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Oregon and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

6. COMMISSIONS & BANNERS
Commissions are paid on valid online orders and cannot be paid on refunded, cancelled, fraudulent orders, or orders from clients who are already under other existing distributors. Commissions are also not paid on orders placed by the affiliate from their own affiliate link or second-tier links (i.e. "self-orders"). Commissions cannot be earned during an account suspension. E3Live affiliate banners or links should not be placed on ad media sites such as AdEngage, AdsDaq, Adbrite and similar. E3Live affiliate banners are to be used on the website you indicate in the "URL" field in your Personal Profile (i.e. a website you own or your company owns), or on a page you own and have authorization to control the content of (i.e. a social networking page, blog, or your e-newsletter, for example).

7. ONLINE ADS, KEYWORDS, PAY PER CLICK ADVERTISING, AND DOMAIN NAMES INVOLVING E3LIVE'S PRODUCT NAMES, INGREDIENTS, TRADEMARKED NAMES, AND VARIATIONS THEREOF
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "E3Live" or E3Live's product names, ingredients, trademarked names,certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Any affiliate doing this will be suspended and commissions will not be paid on this type of activity. If you have purchased or attempt to purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "E3Live" or E3Live's product names, ingredients, trademarked names, certain variations and misspellings thereof, you will need to cease this activity immediately.

You may not, under any circumstances, purchase online ads via search engines or otherwise that show www.e3live.com as the url with your affiliate link behind it - this is impersonating our company and will result in account suspension. Online ads (i.e. Google Ads and similar) that clearly state your own url (see the following examples) are allowed as long as the viewer is clear that your url is the source of the ad, do not use "www.e3live.com" in the ad.

Here is an example of an ad that is in compliance with our Terms:

E3Live Organic Nutrition
www.joesrawfoods.com
High-Quality Superfood,Fast Shipping
Klamath Lake AFA, edible blue-green algae


Here is an example of an ad that is in violation of our Terms (impersonating the company):

E3Live from e3live.com
www.e3live.com
Direct From Harvester
Our Best-Selling Superfood

Ads that are in violation are subject to flagging & removal by Google under the terms of their trademark infringement rules and may jeopardize your account standing with Google.  E3Live is not liable for any action that Google decides to take against you or your account as a result of these violations, including but not limited to, Google account termination.

8. USING CONTENT FROM E3LIVE.COM
As an E3live affiliate, you are permitted to use content in good faith from our www.e3live.com website (photos, testimonials, recipes, etc) as long as it is for purposes of the affiliate program. However, you may not "copy" the look of our site (design or code), replicate our site, or otherwise use the same or similar design and layout of our site as your own. Your site needs to clearly be identified by the viewer as being yours, the viewer should never have any confusion as to whether they are on the official E3Live corporate page (owned and operated by E3Live) or not. In other words - your site should have a look & feel (design elements, layout, colors, etc.) that is distinctly different from that of www.e3live.com, but you may use our content on your site to promote the affiliate program.

9. CANADIAN AFFILIATES
By signing up to this program, Canadian affiliates agree and understand that at this time, ONLY online sales to the USA and select products into Canada (when available) will be tracked for commissions via this web affiliate program.

10. PRIVACY POLICY
We do not sell, trade or give away names, email addresses, phone numbers, any other addresses or payment information of our clients for any reason.  Please do not ask for client contact information or email lists - we respect the privacy of our clients and they expect that we will uphold this policy on their behalf.

11. SOCIAL MEDIA
By signing up to this program, you agree to read and follow our E3Live Social Media Guidelines shown here



Any violation or non-compliance to these Terms may result in account suspension, possible account termination, or other action deemed appropriate by E3Live at any time and at our discretion. No commissions are paid during account suspensions.


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