Easy Day Affiliate Agreement
THIS AGREEMENT (“Affiliate Agreement”) is made between you the affiliate and Irishman Management LLC Dba Easy Day Hemp at 600 B St suite 300, San Diego, California 92101. Unless the context requires otherwise, Easy Day Hemp and/or its assigns shall be referred to as "Company”, “us”, “we” or “our" and Affiliate shall be referred to as "you”, “your” or “Affiliate". The purpose of this Affiliate Agreement is to memorialize the terms of service between Easy Day Hemp and the Affiliate, which defines and governs the affiliate relationship. This Affiliate Agreement will specify what both parties are responsible for including marketing, payment terms, and commission structure for sales conversions generated from the Affiliate’s database for the Company’s products during the period commencing today and automatically renewing every 12 mo. The term of this Affiliate Agreement may be ended after one year upon written agreement of both parties involved. An Affiliate is solely an Independent Contractor when acting as an Affiliate. No partnership, joint venture, or other legal entity is created between us and the Affiliate. The Affiliate understands that Easy Day Hemp. does not guarantee or predict any type of potential income, profit, or response from said Affiliate Agreement.
- to use “your” unique Affiliate ID in all marketing materials, our financial gateway, delivery system, and platform; Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions. Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links. “We” will only pay commissions on sales that are tracked through our tracking system and indicate the Affiliate as the source of the visit to “our” Web site. The Affiliate has no right to commissions if a buyer later returns to “our” site through another Affiliate link or source and makes a purchase;
- 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 “your” self as another user unless explicitly authorized to do so by that user);
- all intellectual properties in respect to content, music, graphics, and technology are the property of the “company” and “you” agree to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property;
- to market and promote the digital products of the “company” the following but not limited to marketing tactics can be utilized:
- solicit discounted product sales in the program via multiple dedicated blasts to “your” entire database;
- utilize editorial and banners on “your” website and applications to encourage registration and product sales on Easy Day websites.
- utilize social media including but not limited to Facebook, Instagram, Youtube, and Twitter and any other media sources such as but not limited to radio, web tv and e-newsletters;
- creating digital websites, ads, sales funnels. The creative content used for these marketing tools that are visible for any user or potential customer, requires the approval of the “company”, before such content is published.
- to list products on the Affiliate website with embedded links to “our” registration and purchase pages;
- to allow “us” to monitor “your” site as we feel necessary to make sure that it is up-to-date and to notify “you” of any changes that we feel should enhance the salability of the program;
- to validate proof of ownership and rights to the databases and websites “you” will use to promote “our” wellness products
- Terms of Commission: We agree to pay the Affiliate a 20% commission for sales of “our” products made by the Affiliate’s identified customers. For a sale to generate a commission to the Affiliate, the customer must register on the www.easydayhemp.com domain and/or its subdomains via a unique affiliate link provided by “us”. The Affiliate’s customer must complete the order form, remit full payment for the product ordered and have their product delivery completed. We also agree to create a dedicated promo code for an evergreen sale of 20% for all EDH products that the Affiliate can use, wherever they see fit. Sales resulting from the usage of this promo code will be tracked and the Affiliate will earn a 20% commission for these sales. Subsequently, EDH offers a separate 30% discount for all verified veterans and a 20% Commission on these sales. In order to qualify for use of this code customers will need to verify via an automated 3rd party system on the EDH website. The commission will be tracked via cookies for all veteran customers originating from “affiliate” links.
- Tracking: Commissions will only be tracked and paid during the contractual time period when the user makes a purchase. There is no right to commissions outside of the contracted period or if a user later returns to our site and makes a purchase through another link or source other than through “your” website.
- Payments: All Affiliate payments will be made in U.S. dollars. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate payments are accounted for after the end of each month and paid within 60 calendar days after the previous month ended. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits. We” will make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to Affiliate within 60 days of the end date
- Duration and Termination: This Affiliate Agreement will begin upon “your” acceptance of this Affiliate Agreement and will end 60 days from the end date of the commencing period specified in this agreement. Either party may terminate this Affiliate Agreement at any time with or without cause, by giving the other party 60 days written notice of termination in compliance with this Affiliate Agreement. Notices sent shall be sent pursuant to Section J below. Notwithstanding the foregoing, Company may terminate this Affiliate Agreement immediately and without any prior notice:
- if “you” violate the terms and conditions of this Affiliate Agreement;
- if “you” promote Easy Day Hemp in a manner that is unethical, inappropriate, or disparaging;
- if “YOU” use our system as part of any bulk email campaign (in which case, “you” may also be subject to fines and legal actions as a result of “your” bulk email promotion); or
For the purpose of this Affiliate Agreement, SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Easy Day Hemp products or services, who has specifically requested the information directly from Affiliate. The Affiliate agrees to comply with all U.S. State and Federal SPAM laws, including but not limited to the Federal CAN-SPAM Act.
- Send SPAM to any of the users or subscribers
- Change of Terms and Conditions: “We” reserve the right to change the terms and conditions of this Affiliate Agreement as needed. If any provision of this Affiliate Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Affiliate Agreement shall have full force and effect.
- Customer’s Provenance: All parties who make purchases through “our” website, regardless of whether they may have reached its website through the link from the Affiliates website, are deemed to be “our” customers and not the Affiliates customers relative to “our” products and services. “We” will have the right to contact these customers and send future marketing offers to them. The Affiliate has no right or authority to amend or offer any different offers relative to the purchase of products from “our” website www.easydayhemp.com. We” however, reserve the right to amend any of our terms, conditions, policies, procedure, pricing, payment policies, and other items relative to “our” business and sale of products at any time in our sole discretion.
- Prohibited Websites: The Affiliate agrees not to misrepresent Company products or services. The Affiliate also agrees not to advertise Company products or services on Web sites that promote violence, Warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.
- Notices: All notices, requests, demands, and other communications under this Affiliate Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to the sender; if sent by fax; or on the third day after mailing by first-class mail.
- Trademarks and Copyrights: Easy Day Hemp reserves all rights in or to its trademarks, service marks, copyrights, and intellectual properties, although they may be used by the Affiliate in accordance with terms of this Affiliate Agreement. The Affiliate will have a non- exclusive, limited-term license to use the trademarks, logos, and copyrighted material that we provided to the Affiliate as part of the Affiliate marketing package. The Affiliate may not distribute, reproduce, modify, amend these images or copy in any way and may use these images and copy only for the purposes of promoting registration or the sales of the digital products the “company”. The Affiliate may in no way display “our” logo, image, or trademark in a way considered as distasteful, defame or misrepresent us in any way.
- Confidentiality: All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Affiliate Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
- Force Majeure: The Affiliate agrees to hold Easy Day Hemp harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Easy Day Hemp and/or their assigns may become subject arising out of or relating in any way to technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interfere with, disrupt or diminish tracking or service, the promotion and use of the products of the “Company” provided under this Affiliate 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.
By signing this Affiliate Agreement, “you” acknowledge that “you” have read this Affiliate 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 Affiliate Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Agreement as of the date first written above. Company: Irishman Management LLC DBA Easy Day Hemp
- General Provisions: The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this said Affiliate Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Affiliate Agreement shall remain in force. This Affiliate Agreement constitutes the entire agreement between Easy Day Hemp and the agreeing party pertaining to the products of the “Company” supersedes all of our prior agreements, representations, and understandings. This Affiliate Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is a subscriber, the individual signing the Affiliate Agreement represents that he or she is duly authorized to enter into this Affiliate Agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to a recognized Arbitration Board located within the state of California, San Diego County before instituting litigation.
By clicking the box below you agree to be legally bound by the above terms: