Affiliate Registration

Terms of Use and Privacy Statement

Down To Earth Solutions Affiliate Terms and Conditions

Last Modified: September 21, 2022

As an authorized Affiliate (“Affiliate”) of Down To Earth Solutions, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Down To Earth Solutions as an Affiliate. Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Down To Earth Solutions by your own website or personal referrals. By registering for and participating in the Down To Earth Solutions Affiliate Program (“Program”), you indicate your acceptance of this Agreement and its terms and conditions. 

1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application. 

2. Commissions

Commissions will be paid once a month upon meeting the minimum payout amount of $50 earned commission. Commission payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

Submission of an up-to-date W-9/W8-BEN is required before any payments will be made.  Tax documents must be submitted within 30 days of acceptance to the program. 

3. Termination
Your Affiliate application and status in the Program may be suspended or terminated (a “Terminated Affiliate”) for any of the following reasons:

1. Affiliate inactivity, see Condition 5 for outline of Active Affiliate Status.
2. Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
3. Advertising on existing Down To Earth Solutions advertising platforms (such as Facebook and Instagram pages and ads).
4. Affiliate may not use misleading text on referral links, buttons or images to imply that anything besides currently authorized deals to the specific Affiliate.
5. Affiliate may not generate pop-ups, pop-unders, . s, frames, or any other seen or unseen actions that set referral link cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
6. Spamming (mass email, mass newsgroup posting, etc.).
7. Advertising on sites containing or promoting illegal activities.
8. Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
9. Violation of intellectual property rights. Down To Earth Solutions reserves the right to require license agreements from those who employ trademarks of Down To Earth Solutions in order to protect our intellectual property rights.
10. Offering rebates, coupons, or other forms of promised kick-backs from your commission as an incentive. 
11. Fraudulent transactions or suspected Affiliate fraud.

In addition to the foregoing, Down To Earth Solutions reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.  In the event of termination any earned or unpaid referral commission will be void and cancelled.

4. Referral Links
The referral link cookie duration is 30 days. Once the cookie expires the visitor will no longer be associated with the Affiliate and future purchases will not be associated with the referring Affiliate.

You may use graphic and text links both on your website and within in your email messages. You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3. 

5. Active Affiliate Status
Affiliates must maintain an Active Status (“Active). The participation in the Affiliation Program is contingent and depending upon each Affiliate achieving the at least 1 referred sale in a rolling 3-month period during such Affiliate’s participation in the Program (“Minimum Referral Requirement”). “Minimum Referral Requirement” is defined by Down To Earth Solutions as the minimal number of referred orders each Affiliate is required to achieve in order to continue participation in the Program. In event an Affiliate does not achieve the Minimal Referral Requirement, Down To Earth Solutions shall have the right, at its sole discretion to discontinue the participation of such Affiliate in the Program. In event of such discontinuation, Down To Earth Solutions shall provide a notice to the Affiliate informing him/her that his/her participation in the Program was terminated. 

6. Affiliate Discount
7. Coupon and Deal Sites
Coupon and deal sites are NOT allowed without prior written permission. 

8. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.

9. Compliance
All content related to Down To Earth Solutions' products must be in compliance with all current Food and Drug Administration (FDA) and Federal Trade Commission (FTC) rules and regulations. Affiliate agrees to follow the legal requirements regarding structure/function statements and disease claims. Structure/function claims are statements that describe the effect a dietary supplement may have on the structure or function of the body.

Structure/function statements for dietary supplements are permitted when they describe the role of a nutrient or dietary ingredient intended to affect the structure or function in humans or that characterize the documented mechanism by which a nutrient or dietary ingredient acts to maintain such structure or function, provided that such statements are not disease claims. Disease claims are not permitted when referencing a dietary supplement. A disease claim is a claim to diagnose, cure, mitigate, treat, or prevent disease.

Disease claims require prior approval by FDA and may be made only for products that are approved drug products or for foods under separate legal provisions that apply to claims called "health claims."

Dietary supplements can use claims about nutrient deficiency diseases (for example, vitamin C and scurvy) or that describe the effect of the dietary supplement on general well-being.  These claims are permissible if you have substantiation that the claims are truthful and not misleading.

Compliance Resources: For more information about FDA regulations on structure/function and disease claims please see Small Entity Compliance Guide on Structure/Function Claims. For more information and tips from the FTC in regards to advertising dietary supplements please see Dietary Supplements: An Advertising Guide For Industry. 

10. Liability
Down To Earth Solutions will not be liable for indirect or accidental damages (loss of revenue, commissions) due to tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Down To Earth Solutions. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors. 

11. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continued active participation in the Program will constitute your acceptance of any change. 

12. Indemnification
Affiliate shall indemnify and hold harmless Down To Earth Solutions and its Affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate. 

13. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of West Virginia. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Clarksburg, West Virginia. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees. 

14. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Down To Earth Solutions Affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Down To Earth Solutions application process.