1. ESSENSE OF LIFE AFFILIATE PROGRAM AGREEMENT
2. AFFILIATE PROGRAM PARTICIPATION REQUIREMENTS
3. ADVERTISING AND PROMOTION RESTRICTIONS
4. AFFILIATE REFERRAL LINK
5. COMMISSIONS AND PAYMENT
6. REPRESENTATIONS AND WARRANTIES
7. LIMITATIONS OF LIABILITY
8. INDEMNIFICATION
9. CONFIDENTIALITY
1. ESSENSE OF LIFE AFFILIATE PROGRAM AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ESSENSE-OF-LIFE, LLC. THIS AGREEMENT CONSTITUTES YOUR LEGAL, VALID, AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU ARE LEGALLY RESPONSIBLE FOR THE FULFILLMENT OF THOSE TERMS AND CONDITIONS.
This Agreement is between Essense of Life, LLC and the undersigned applicant only. The terms "Affiliate," "you," and "your" and “yours” are referring to you, the applicant. “Company”, “Essense of Life” ”we”, ”us” and "our" refer to Essense-of-Life, LLC.
The purpose of this Agreement is to use an URL Affiliate Referral Link to connect the Affiliate’s website to the Essense of Life website (www.essense-of-life.com) for the purpose of referring customers to place an order on the Essense of Life website. Sales generated from those customers referred through the Affiliate Referral Link will earn a commission.
This Agreement contains the complete terms and conditions governing participation in the Essense of Life Affiliate Program and supersedes any prior agreements, communications, and/or understandings, whether oral or in writing. It is your obligation to review the Terms of Service for the Affiliate Program regularly.
We may modify any of the terms and conditions of this Agreement at any time at our sole discretion. Such modifications and additions shall become a binding part of this agreement upon publication on the Essense of Life website (www.essense-of-life.com). Your continued participation in the Program following the posting of the updated Agreement will indicate your acceptance of the changes.
You represent and warrant that you are of legal age in your state of residency and that you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party. If you are submitting this application as a representative of an organization or business entity, you represent that you are duly authorized to enter into this agreement on behalf of that organization or entity and that organization or entity is qualified to conduct business and is in good standing in its state of organization.
You agree that, as an Affiliate, you are an independent contractor only and are solely responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory agency. This agreement will not form any partnership or other business relationship.
By submitting the Affiliate Program application, you acknowledge that you have read this agreement and agree to all its terms and conditions.
2. AFFILIATE PROGRAM PARTICIPATION REQUIREMENTS
The Affiliate must be approved before participation in the Affiliate Program. Once you complete and submit the online Affiliate Program application, Essense of Life will evaluate your application and review your website for suitability in the Affiliate Program. A website must meet the following guidelines to be qualified for acceptance into the Affiliate Program:
• Website must not incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law. It is entirely your responsibility to comply with all applicable intellectual property and other laws that pertain to your site. We will not be held responsible if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
• Website must not include within its domain name “Essense of Life” or any variations or misspellings thereof – such as, but not limited to, essence, essense, essenceoflife, essenseoflife, essence-of-life, essense-of-life, or essence-of-life for example.
• Website must not in any way be unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable at our sole discretion.
We may reject your application at our sole discretion if we determine that your site will not be a good fit for our Affiliate Program.
Due to state tax laws, participants from certain states may not be eligible to participate in the Essense of Life Affiliate Program.
After acceptance into the Affiliate program, continued participation in the Affiliate Program is conditional based on compliance with the terms and conditions of this Agreement. Failure of the Affiliate to observe the terms and conditions of this Agreement will disqualify Affiliate from participating in the Affiliate Program.
Essense of Life has the right to monitor your website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your website that we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.
Essense of Life reserves the right to terminate this Agreement and your participation in the Essense of Life Affiliate Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this Program in any way. If such fraud or abuse is detected, Essense of Life shall not be liable to you for any commissions for such fraudulent sales.
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination notice may be provided via email and will be effective immediately. All payments due at time of termination to be paid during the next billing cycle will be subject to any final accounting.
3. ADVERTISING AND PROMOTION RESTRICTIONS
As an Affiliate, you are in no way a partner, agent, or employee of Essense of Life, LLC, and at all times you must clearly represent yourself and your websites as independent from Essense of Life and its clients. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles the Essense of Life website nor design your website in a manner which leads customers to believe you are Essense of Life or any other affiliated business. Any promotion which can be perceived as a joint effort or partnership between Essense of Life and the Affiliate is unacceptable. To this end, the following promotional restrictions are to be followed by all participating Affiliates to prevent causing harm to the Essense of Life company image and its product line.
• No Spam
All affiliates that send advertisements via email must have the consent of the recipient to send such email. Spamming – the sending mass unsolicited email for the purpose of advertising or promotion – is strictly forbidden. USE OF ANY TYPE OF BULK EMAIL (SPAM) CAMPAIGN TO GENERATE TRAFFIC AND / OR TO GENERATE SALES will result in immediate termination from Essense of Life Affiliate Program and the forfeit of any pending balances due.
• No Trademarked Keywords
Affiliates that advertise using keywords or bid in their pay-per-click campaigns on keywords such as essence, essense, essenceoflife, essenseoflife, essence-of-life, essense-of-life, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – will be considered trademark violators, and will be banned from the Essense of Life Affiliate Program. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such pay-per-click bidding behavior.
• No Unacceptable Content
Essense of Life reserves the right not to accept any website into the Essense of Life Affiliate Program based on site content. Websites that contain explicit materials, promote violence and illegal or questionable activities, violate intellectual property rights, or otherwise will cause harm to the image or marketability of Essense of Life and/or its products will not be accepted.
• No Claims or Misleading Statements
Affiliate will not make false or misleading statements about Essense of Life or its products, including but not limited to claims that the products treat, diagnose, cure, mitigate or prevent disease. Essense of Life is not liable for any product claims or statements made by the Affiliate that do not adhere to the approved product descriptions contained in the Essense of Life website.
• Maintain FTC Compliance
Affiliates must stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. The relationship between the Affiliate and Essense of Life, as well as all endorsements, reviews, testimonials on Essense of Life products and services, must be clearly disclosed in a separate policy on the Affiliate sites. The FTC has noted that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such connection is “fully disclosed”. We will not tolerate any affiliates that fail to adhere to the FTC’s guidance. We reserve the right to terminate our relationship with any non-compliant affiliates.
• Authorized Content Usage
Essense of Life may provide to the Affiliate certain Content such as text, copy, graphic images, trade names and trademarks from the Essense of Life website for use on the Affiliate’s website. The Affiliate is authorized to use such provided Content strictly in connection with participation in the Essense of Life Affiliate Program. Essense of Life reserves all rights to this Content and reserves the right to direct the Affiliate to remove or revise any content at any time for any reason. If the Affiliate is no longer part of the Essense of Life Affiliate Program, all authorized Content must be immediately removed from the Affiliates website upon termination of the Affiliate Agreement.
Affiliates will, at all times, conduct themselves in a courteous, fair and ethical manner whenever acting in conjunction with the affiliate program or otherwise in representing the Essense of Life products through this Affiliate Program.
4. AFFILIATE URL REFERRAL LINK
Affiliates will be provided with a URL Affiliate Referral Link to use on their website to send customers to the Essense of Life website (www.essense-of-life.com) to purchase products. Customers who place an order on the Essense of Life website after clicking on the Affiliate Referral Link will be deemed to be customers of Essense of Life. Essense of Life will process and ship all orders placed on the Essense of Life website through the Essense of Life Affiliate Program and will provide customer service for all product and shipping related issues. Product prices and availability may vary from time to time.
In order for Essense of Life to accurately keep track of all guest visits from the Affiliate website to ours, Affiliates MUST use the URL Affiliate Referral Link to refer customers to the Essense of Life website. Only online orders received from referred customers via this link will qualify for commissions.
5. COMMISSIONS AND PAYMENT
The Essense of Life Affiliate Program is a Pay-Per-Sale program intended to compensate Affiliates for their efforts in the advertisement and sale of Essense of Life products. Sales generated on the Essense of Life website from customers referred through the Affiliate Referral Link will earn a 5% commission. Only sales generated using this Affiliate Referral Link be considered generated by the undersigned Affiliate. For a sale to generate a commission, the customer must follow the provided link from your website to the Essense of Life website, purchase products using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us. Any returned products or refused orders will not qualify towards the commission.
For US residents, annual commissions paid to the Affiliate that exceed $600 will be documented at year-end and an IRS 1099 form will be provided to the IRS. Once year-to-date affiliate earnings exceed $600, Affiliate will disclose to Essense of Life either the Social Security number or Tax ID number applicable for the Affiliate. Affiliate understands and agrees that earnings in excess of $600 cannot be paid until Affiliate’s Social Security number or Tax ID number has been received.
Affiliates are independent contractors and are solely responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory agency. As required by U.S. Law, U.S. residents will be required to submit a W-9 form to the IRS on any affiliate commission earnings.
Commission will be paid by the 15th of each month for the prior month during which the sales occurred. Earnings less than $100 USD will be held on account and added to subsequent earnings. When earnings equal or exceed $100 USD the commission will be paid during the next billing cycle. Affiliates are subject to commission adjustments or reductions of commissions payable and/or paid for returned merchandise. Commission payments are in US Dollars only via PayPal. Any PayPal transaction fees on commission payments are solely the responsibility of the affiliate and will be deducted from the affiliate payout at time of distribution.
Any Affiliate that is removed from the program because of non-compliant behavior will not receive commissions from any referred customers.
6. REPRESENTATIONS AND WARRANTIES
Essense of Life does not represent, warrant, guarantee or predict any level of sales or profit or response as a result of participating in its affiliate program. Affiliate agrees to hold el harmless from and against any and all losses, claims, causes of action, expenses (including reasonable attorney fees), suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature resulting from an affiliate’s participation in the Essense of Life Affiliate Program.
ESSENSE OF LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED; WITH RESPECT TO THE AFFILIATE PROGRAM OR SERVICES ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. ESSENCE OF LIFE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE AFFILIATE PROGRAM FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR DOWN TIME.
7. LIMITATIONS OF LIABILITY
Essense of Life will not be liable to any Affiliate for any damages, monetary or otherwise, incurred or suffered by an Affiliate, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, lost profits, out of pocket expense or loss of data or information regardless of the party responsible or the party who is at fault.
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 COMPANY’S 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.
8. INDEMNIFICATION
You hereby agree to indemnify and hold harmless Essense of Life and their subsidiaries and affiliates, and their directors, officers, employees, agents, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that your infringed on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site.
You will immediately notify Essense of Life of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.
9. CONFIDENTIALITY
Each party agrees to use the other party’s Confidential Information solely for the purposes contemplated by this Agreement, and to refrain from disclosing the other party’s Confidential Information to any third-party unless disclosure is made with the consent of the disclosing party. Notwithstanding the foregoing, Essense of Life may divulge Confidential Information in relation to investigations, claims or actions that Affiliate has violated this Agreement or any applicable law or regulation. This Agreement will be governed under the laws of the State of Missouri.
10. APPLICATION SUBMISSION AND APPROVAL
By clicking on the button below and submitting the application, you are agreeing to all of the above terms and conditions. Once the application is received, a follow-up email will be sent to confirm details. The application will be marked as pending, subject to review. Once the application has been accepted, your affiliate account will be marked as approved.
