Eco Jewelry Affiliate & Referral Program Terms of Use
You must read, agree to, and accept the terms and conditions contained in this user agreement before you may participate in our affiliate program.In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate." The terms "we", "our", and "us" throughout this user agreement refers to the company Green Diva Enterprises, the company that has created the products.
By signing up and/or accessing Green Diva services you are agreeing to be bound by terms of this agreement. Please read this document carefully as it is a legally binding agreement. If you do not agree to be bound by the terms of this agreement, you may not participate in the affiliate program. The program is intended for use only by individuals who are at least 18 years old. Green Diva Enterprises reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms and additional terms or notices posted on the Green Diva website. However, we will make an effort to inform our affiliate partners of significant program Terms changes.
Payment
Green Diva will send payment via PayPal for the applicable commissions 30 days after the date of purchase, to account for potential product returns. Affiliates must be PayPal members in order to receive payment.
Order Fulfillment
Green Diva will be solely responsible for processing every order placed by a customer on the Affiliate Site.
Customers
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Green Diva. Accordingly, all Green Diva rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Green Diva policies will always determine the price paid by the customer.
Qualifying Sites
Green Diva reserves the right NOT to accept any site into the Affiliate Program for any reason. All sites will be reviewed before an Affiliate account is considered active by Green Diva. Likewise, Green Diva reserves the right to REMOVE an Affiliate from the program at any time for any reason, but especially if an Affiliate partner is observed to support undesirable content or philosophies that conflict with the Green Diva mission.
Additionally, Affiliate partners may not:
- Violate the privacy, publicity or personal rights of others.
- Infringe on the intellectual property rights of others, i.e., copyrights, trademarks, trade secrets, plagarism, software piracy, patents, music, images, or other proprietary or property right. Materials that infringe on the intellectual property rights may not be distributed to others.
- Include Defamatory or Abusive Language. Sites may not contain any material that is unlawful, harmful, fraudulent, abusive, vulgar, hateful, racial or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Sites with defamatory, abusive or threatening language will be shut down.
- Distribute viruses or worms or provide information on how to send them. Any site promoting any form of cyber crime or other illegal computer activities will be shut down.
- Participate in any illegal activities.
No Spam
Green Diva has a zero tolerance policy for spam. Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to, the sending of ANY unsolicited information to a person or group that has not specifically asked to receive that particular information or is not a personal acquaintance of the individual sending the information. All Affiliates are expected to adhere to Green Diva's no spam policy. Affiliates may promote Green Diva to "opt-in" lists ONLY. If you run a newsletter, ezine, or other kind of bulk email service, you must have evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly and the responsible parties will have their Affiliate account terminated.
Part of the no spam policy means, you may NOT:
* Send any email to any type of mailing list or opt-in list that has been purchased or acquired from an outside individual or party.
* Send any email to any type of manually or automatically harvested list of email addresses, names, or contacts.
* Send any email to any type of "lead" or "prospect" before you have received a request for more information.
* Fax any message to any recipient that has not requested the information first.
* Send inappropriate postings to any newsgroup or forum that violates their anti-spam regulations.
Any Affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their affiliate contract terminated and could lose any or all affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.
Relationship of Parties
Green Diva and the affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties; regardless of arbitrary terms used to describe the relationship in website pages and other materials. 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 this statement.
No Warranties
Green Diva makes no warranties of any kind, whether express or implied,with respect to the affiliate program. Green Diva is not to be responsible for damages suffered by any customer, including incidental damages or lost profits. Green Diva makes no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. All content in the Green Diva website and affiliate program is provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Additionally, Green Diva in no way guarantees financial success through the affiliate program or that any users of the affiliate program or our products will make money in any amount. We are not offering you a guaranteed business opportunity of any sort.
Indemnification
You must understand and agree that service provided is provided "as is" and "as available". Green Diva makes no warranties of any kind regarding any service provided. Green Diva makes no claim that any service provided will meet your requirements, will be uninterrupted, timely, secure, or error-free. No information obtained from a third party is endorsed by Green Diva and remains the responsibility of the third party providing the information. The provider gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This warranty expressly includes any reimbursement for losses of income due to disruption of service by the provider or its providers beyond the fees paid by client to provider for services. We make every effort to backup our data, but we are not responsible for any loss of data. In no event shall Green Diva be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Affiliate agrees that it shall defend, indemnify, save and hold Green Diva harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Green Diva, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Green Diva is not responsible for any content hosted on our network of forums and communication applications.
By signing up to our services you are subscribed to receive service announcements that relate to your agreement with Green Diva. You are also agreeing to receive news, tips and other information from Green Diva Enterprises companies, of which you may unsubscribe at any time by clicking the "unsubscribe" link at the bottom of any email communication you receive from Green Diva. At times, this may also include communications from partners, sponsors and other affiliates that support the forum and communication services offered through the Green Diva family of websites.
Governing Law/Severability
This agreement between you and Green Diva will be governed by and construed in accordance with the laws of the State of Michigan (United States), without reference to its conflicts of laws principles. You agree that any litigation or arbitration between the parties will take place in Michigan (United States), and consent to personal jurisdiction and venue in the State. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement between you and Green Diva relating to the subject matter hereof, and supersede all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by you will be effective only if accepted in writing and signed by Green Diva.
Legal Disputes
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed. These terms of service shall be governed by and construed in accordance with the laws of the respective states of the owners and the United States of America.
Copyright and Licenses
The entire contents of the Green Diva family of websites, including all programs and services offered through or in connection with them, are property of Green Diva, including but not limited to: text, graphics, logos, buttons, icons, audio clips, products, product designs, product descriptions and any other data form. You may not reproduce, modify, copy, republish, or transmit/distribute, any portion of the website without the prior express written consent of Green Diva. You grant Green Diva the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto. Green Diva will enforce its intellectual property rights to the fullest extent of the law.
Affiliate Link Usage and Advertising
Affiliates are permitted to link to the Green Diva website using their designated affiliate link through the following ways:
- Text links using keywords that fully relate to the Green Diva line of products. (Ex. luxury bridal jewelry, eco bridal earrings)
- Text links using keywords that fully relate to Green Diva website content on article pages, blogs and offers.
- Image and graphic links using the designated images that Green Diva has provided.
- Website owned and operated by Affiliate
- Guest articles, blogs and content written by the Affiliate on websites hosted by other entities; but only when the content of the site and/or article is relevant to Green Diva products, services and offerings
- Social Media sites (ex. Twitter, Facebook, forums)
- Email marketing ONLY to individuals that have opted-in and NOT to paid, stolen or unsolicited lists
- Any website or webpage owned and operated by Green Diva
- Any email originating from Green Diva
- Any social networking page operated by Green Diva
- Text links that use keywords unrelated to Green Diva products, website content, articles, services or offers
- Images that were not provided by or authorized by Green Diva in writing (with a signature)
- Text or image links that are within content pages that promote derogatory, inflammatory, harmful, fraudulent, abusive, disrespectful or illegal content.
- Text or image links that are within content pages unrelated to the topic of weddings, fashion, environmentalism, luxury or similar interests. Links on pages involving any type of religious, political or polarizing content is strictly prohibited.
This policy operates alongside the Website Terms and Conditions, Privacy Policy , Terms of Purchase, Return Policy and Forums Terms.
