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Terms of Use and Privacy Statement

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
Affiliate commission
is 15% of the order subtotal minus $4 for shipping per completed purchase made through
referral links. Affiliate commission from promo or coupon code referral
is 10% of the order subtotal minus $4 for shipping per completed purchase and may vary.  For
the Affiliate to receive a commission, the referred account must remain
active for a minimum of 30 days. You cannot refer yourself, and you will not receive a commission
on your own accounts. 

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,
    iframes, 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
Once
approved as an Affiliate, you are entitled to a 15% discount off
regular price Down To Earth Solutions' Simply Skinny branded products on one-time purchases
made at online at http://www.downtoearth-solutions.com/ (the “Discount”). Discount is for personal use only.  Discount can only
be applied to the purchases associated with Affiliate email. Affiliate
Discount cannot be combined with other discounts or special offers, and
may be subject to certain merchandise exclusions or quantity limits.
Discount cannot be used on non-
Down To Earth Solutions' Simply Skinny branded products, gift
cards, shipping and handling, taxes, subscription orders, or prior
purchases. Online, enter promo code at checkout.

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.    



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