Affiliate Program Agreement
This agreement describes the entire terms and conditions for participation in the Healing Crystals Affiliate Program.
In this agreement, the term "Affiliate" refers to you (the applicant). The term “HC” refers to us, Healing Crystals and our parent organization, the Foundation for Balance and Harmony (a 501c 3 organization).
Affiliate understands that Healing Crystals does not guarantee or predict any type of profit or response from the Affiliate Program.
Affiliate agrees to hold HC harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities that may arise out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Affiliate Application and Enrollment
HC will create a unique URL for Affiliate to enroll in the program. Affiliate must complete an application and include all information required by HC. Once completed, Affiliate’s information will be reviewed for approval by HC. Once approved Affiliate may browse available button ads on HC site and upload them onto their site. All ads contain tracking software embedded so that HC can monitor and pay Affiliate correctly.
We may terminate your account (a) if you violate our Terms Of Service Policy; (b) promote Healing Crystals in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
We make no warranties, expressed or implied, of any kind to the Affiliate with respect to the service provided by HC. We expressly disclaim any implied warranty of merchantability or benefit results of our products for a particular purpose. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.
Affiliate agrees: (a) to use our system in a manner that is ethical and in conformity with community standards; (b) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (c) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; (d) to post only approved button/s on their website. Button/s and affiiliate coupon links can only be posted on your personal or business websties, or given out by you to friends, students, and clients. Button/s and affiliate coupon links cannot be posted on websites not owned by the affiliate, such as a coupon website or public forum. Any additional content must be approved in writing by Healing Crystals.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
Affiliate service will be terminated immediately and without warning should the Affiliate use our name, advertisements or links in a bulk email campaign. You may also be subject to fines and legal actions as a result of a bulk email promotion.
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement.
Affiliate will receive 5% of the gross revenue generated on all sales that come from their site as on-line store credit for purchases made at HealingCrystals.com. Sponsored third party emails may be sent out by Affiliate only after receiving written approval from HC. Commission structure for third party emails will be negotiated on a case by case basis.
For a sale to generate a commission, customer must click a link, button or email on the Affiliate site, place an order on the HC site and complete the checkout process. Orders in which payment is declined are not eligible for commission. Commissions will only be granted on sales which are made through qualified Affiliate links approved and provided by HC.
HC will generate on-line store credit for the applicable commissions within approximately 1-2 business days after the applicable transaction is completed. If any order that generated a commission is returned by the customer, or charged back to HC, the amount will be deducted from the acrued on-line credit.
Commissions will only be issued as on-line store credit, redeemable at HealingCrystals.com.
HC will be solely responsible for processing every order placed by a customer through an Affiliate link. HC will provide shipping info directly to the customer through email. HC reserves the right to reject any order that does not comply with our operating procedures and policies.
Customers who purchase products and services through the Affiliate program will be deemed to be customers of HC. Accordingly, all HC rules, policies, and operating procedures concerning customer orders and service will apply to those customers.
Prices and availability of our products and services may vary from time to time. HC maintains sole authority in determining product prices and may change prices as we see fit. Affiliate may not, under any circumstances, purchase and resell HC products at a discount, or otherwise.
HC reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the HC Affiliate Program may include (but aren’t limited to) sites which: promote sexually explicit materials, violence, discrimination, or violate intellectual property rights. Coupon and sales websites are also prohibited.
Unsolicited Commercial Email
HC in no way participates in or endorses mass unsolicited emailing (spamming and bulk emails). All Affiliates are expected to adhere to this policy. Violation of this policy will result in the termination of this contract, immediate dismissal from the HC Affiliate Program and possible legal action. All accrued commission will be held and not paid to the Affiliate.
Through the Affiliate Program we allow sponsored third party emails to approved lists. To sponsor HC products through a dedicated email you must first obtain written authorization from an approved HC representative. All emails must adhere to CAN SPAM act and may only be sent to approved lists that have opted in to receive sales messages from Affiliate. You may include button ads and links in an outgoing email without written authorization. This clause only applies to marketing emails dedicated to promoting HC products only.
Relationship of Parties
Affiliates are independent contractors of HC. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on HC’s behalf. Affiliate will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement. Any tax liability on the amount of commission received will be the Affiliate’s responsibility.
Limitation of Liability
HC 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 commissions paid or payable to Affiliate under this agreement.
HC makes no express or implied warranties or representations with respect to the Affiliate Program or Affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
This Agreement will be governed by the laws of the State of Virginia, in the United States of America.
By submitting the Affiliate sign up form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.