Affiliate Program Agreement
By signing up for an Affiliate Account, you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of your account, and possible forfeit of affiliate revenue. You must be 18 years of age or older to enter into this Agreement with us.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Affiliate application via our site.
We reserve the right to reject your application or terminate this agreement any time upon written notification to you.
2. Limited Exclusivity of Agreement
By signing up for an Affiliate Account, you agree to not be an affiliate of any other grass-fed, pasture-raised, pasture-fed, or pastured kosher meat business, club or co-op. Industrial kosher meat businesses (organic or conventional) or non-kosher meat businesses are excluded from this agreement.
3. Acceptable Advertising Methods
As an affiliate, you earn revenue by generating sales on www.kolfoods.com. You generate these sales by encouraging web users to visit our site. You may advertise products via:
- Text Links or endorsements on your site(s);
- Graphical Banners and Buttons on your site(s);
- Text Links or endorsements in solicited emails;
- Word of mouth, encouraging your customers to enter your affiliate coupon code during purchase.
4. Order Processing
We will process sales orders placed by customers solicited by you. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track the sales you solicit and made by customers who purchase Products and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
5. Referral Fees
For a Product sale to be eligible to earn a referral fee, the customer must either click-through an Affiliate link to our site and purchase our products from a click-through. We track referrals from your site, and ensure that you get paid the referral fees due to you.
6. Referral Fee Schedule
You will earn referral fees based on Qualified Orders according to referral fee schedules established by us and shown below:
Product Referral commission:
Appalachian Trail Beef 5%
Allegheny Highland Lamb 5%
All Poultry 5%
Specialty Products 5%
No commissions will be credited to your account in case of reseller or additional license orders.
7. Non-Qualified Orders
Orders refunded at the request of the purchaser, or orders charged-back due to credit card fraud do not qualify for commission.
8. Referral Fees Payment
Affiliates are paid a commission, based on values set in the Referral Fee Schedule. Commissions for qualified orders will be paid within 30 days after your request if the sum of commissions for qualified orders exceeds the minimum transfer amount of USD 50. Orders that occurred during a calendar month are qualified (cleared) for payment after 25th day of the next month. We also give you an option to use your commissions as a credit for purchasing goods provided by our company. Payments are via the USPS by check or electronically for KOL Foods Gift Certificates. If an Affiliate account is not earning commissions for 6 months we have right to terminate Affiliate membership and forfeit any unpaid commissions.
KOL Foods, LLC reserves the right to change commission rates without notice, but you will always be paid based on the rate in effect on the day the sales lead was generated.
9. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as an affiliate. You are eligible to earn referral fees only for Qualified Orders that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but not limited to, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
11. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
12. Limitation of Liability
We 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 referral fees paid or payable to you under this Agreement.
13. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS set FORTH IN THIS AGREEMENT.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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 or errors.