FOREWORD
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate terms & conditions with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this lengthy legal formality.
If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at sales@cedarbear.com. You can also reach us via phone, toll-free: 1-828-854-3727. Ask for Chrissy.
Best regards,
Jhoane Robinson, C.K.Y., C.C.Ht., Herbalist | President/C.O.O.
L. Carl Robinson, T.T., C.C.Ht, R.H.(AHG) | Chairman/C.E.O.
AFFILIATE TERMS AND CONDITIONS
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AS ENUMERATED AND DETAILED HEREIN
THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
These following terms and conditions apply to individuals who are accessing or using the Cedar Bear® Affiliate Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to purchase products or services from the merchant.
By participating in the Program, Affiliate will use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. Rejected Registerant will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Removal of an Affiliate From the Program
We reserve the right to remove an affiliate from the program if affiliate is found to be in breach or non-compliance with any provision of these terms and conditions. Removed affiliate will have no legal recourse against us for the removal from the Affiliate Program.
3. Affiliate Maintains and Updates Own Website
The maintenance and the updating of Affiliate's site will be the responsibility of affiliate. We may monitor affiliate's site as we feel necessary to make sure that it is in compliance with U.S. FDA and FTC rules and regulations, does not breach IP laws, is up-to-date, and to notify affiliate of any changes that we feel could enhance affiliate's performance.
4. Compliance With IP Laws and Regulations
It is entirely Affiliate's responsibility to follow all applicable intellectual property laws and other laws that pertain to Affiliates site. Affiliate must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We
will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
5. Modifications
We may modify any of the terms and conditions at any time at our sole discretion. In such event, Affiliate will be notified by email. Modifications may include, but are not limited to, changes in the commission rate, payment procedures and Cedar Bear® Affiliate Program rules. If any modification is unacceptable to you, your only option is to end your being a Cedar Bear® affiliate. Your continued participation in Cedar Bear® Affiliate Program following the posting of a change notice or new terms and conditions on our site will indicate your agreement to and continued complying with the changes.
6. Affiliate Website Differentiation from Cedar Bear®
There shall be no Copying or Using Cedar Bear® Look-and-Feel: You may not copy the look and feel of any Cedar Bear® website or web page. Your website must be unique to you and give no impression whatsoever of being a part of Cedar Bear®, a Cedar Bear® copy, clone or likeness, etc.
7. Promotion Restrictions
Affiliate is free to promote their own web sites, but naturally any promotion that mentions Cedar Bear® or cedarbear.com could be perceived by the public or the press as a joint effort, when such may not be the case.
You are not permitted to buy or bid on any advertising using our name, or to bid on or buy the rights in or on any search tool or search engine to our name, including but not limited to in or on Google AdWords.
Certain forms of promotion and advertising are prohibited by Cedar Bear®. For example, advertising commonly referred to as spamming is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not promote or advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to your customers to promote Cedar Bear® so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Cedar Bear® so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Cedar Bear®. If it comes to our attention that you are spamming or phishing, we will consider that cause for your immediate termination from the Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Cedar Bear Naturales, Cedar Bear Naturales, Inc., Cedar Bear, cedarbear, cedarbear.com, www.cedarbear, www.cedarbear.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Cedar Bear® Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark or IP violator from our Affiliate Program without prior notice, and on the first occurrence
of such PPC bidding behavior.
Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Cedar Bear® products and programs).
Affiliates may not mention or promote Cedar Bear® on any website or platform that contains any form of misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, bigoted, politically divisive, or deemed pornographic content. Cedar Bear® has sole discretion to make the determination as to whether such content is present.
8. Prohibited Apps/Software and Add-Ons
Affiliate shall not plant "Spyware," "Malware," "Viruses," or transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Cedar Bear® site (i.e., no page from our site or any Cedar Bear® content or branding is visible on the end-user’s screen). As used herein a “Parasiteware” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, popups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, StartPage, DuckDuckGo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Cedar Bear® site in IFrames, hidden links and automatic pop ups that open Cedar Bear® site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Cookie-Stuffing Prohibited
Affiliate may not use any form of cookie-stuffing techniques or click-generators that set tracking cookies or that result in apparent clicks without the user (a live human) actually clicking on Referral Links. You may not artificially generate clicks or impressions on your site or on any social media platform or to create visits on the Cedar Bear® site, whether by way of a robot, AI or software program or otherwise.
10. Misrepresentation Prohibition
You may not represent or hold yourself out to third parties as being anything beyond an Affiliate of Cedar Bear® (and, if you are a customer of Cedar Bear®, that you are a customer). For example, you may not state or imply that you are a partner or representative or agent of Cedar Bear® or that you have the authority to bind Cedar Bear® to a contract, or that you are an agent or employee of Cedar Bear® or in business with Cedar Bear®. You may not state or imply that you represent Cedar Bear® in any capacity unless we have specifically authorized you to do so outside of the Program.
11. Cedar Bear® Employees Prohibition
No past or present employees of Cedar Bear® or family members of employees of Cedar Bear® can participate in its Affiliate Program.
12. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or
collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
13. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out, and if paid out before a charge back or refund, said commission will be deducted from Affiliates next commission calculation.
14. How Commissions Are Earned
A Commission is earned when a third party (not you or Cedar Bear® or any of our respective owners, directors, agents, or employees) does all of the following: (i) The party clicks on a Referral Link, (ii) Once at the Cedar Bear® web page to which that Referral Link points, the party purchases product and/or signs up for an Auto Purchase Subscription,, and (iii) The party pays the applicable cost of product purchase, and if through the Auto Purchase Subscription, product is purchased and paid for. The party that completes these three steps (i)-(iii) herein shall be referred to herein as a “Referred Party.” Commissions are earned the Referred Party continues to purchase products and/or remains a paying Auto Purchase Subscriber.
15. Payment of Commissions
Commissions earned will be calculated on a monthly basis, and will in any case be paid to the Affiliate within sixty (60) days of Cedar Bear® receipt of collected monies from Referred Party. At or before the time such payment is made, Cedar Bear® will make information available to the Affiliate (in the Affiliate’s account) showing the total amount of paid/collected monies received from each Referred Party during the month at issue and the Commissions earned. Cedar Bear® reserves the right to pay after the 60 days in the event of a disagreement with the Affiliate or other confusion over the amount of the Commission. All payments will be made by electronic transfer. Affiliate agrees to keep updated the information and means by which it has informed Cedar Bear® it wishes to be paid through an electronic transfer, and further agrees that any failure to do so may result in a delay or inability on the part of Cedar Bear® to transmit payments to Affiliate. The only payment method that Cedar Bear® can make a commission payment is PayPal.
16. Other Things That Impact Commissions
A commission will not be paid (i) where the Referred Party signs up for the Auto Purchase Subscription program using a false name or false or fraudulent means of payment, such as but not limited to using a stolen credit card, and (ii) where the Referred Party signs up for the Auto Purchase Subscription program but later receives a refund pursuant to Cedar Bear® policy. In each of these cases (i) and (ii), Affiliate will not receive a commission at all, or if you have already received a commission by the time Cedar Bear® learns that the party is done one of the things mentioned in (i) or (ii), we will deduct the amount of the commission we paid you applicable to that payment from any future payments to you as an Affiliate.
17. Taxes and Third-Party Fees
Affiliates are solely responsible for any and all government-imposed taxes and levies, and any and all fees charged by the Affiliate's bank or other financial institution, in connection with or because of the Affiliate's receipt of Commission payments.
If, due to Affiliate's failure to provide Cedar Bear® with Affiliate's information for the receipt of Commission payments by electronic transfer, Cedar Bear® is unable to make such transfer within three (3) months of the date on which commission(s) is/are due, Affiliate shall forfeit the right to receive such commission(s)
18. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels. Said marketing collateral is bound by the non-exclusive "Grant of License" provision in these Terms & Conditions.
19. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
20. Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the Licensed Materials) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are an Affiliate member in good standing of Cedar Bear® Affiliate Program. All uses of the Licensed Materials will be on behalf of Cedar Bear® and the good will associated therewith will inure to the sole benefit of Cedar Bear®.
Affiliate shall not use Cedar Bear® proprietary materials in any manner that is disparaging, slandering, misleading, obscene or that otherwise portrays the Cedar Bear® in a negative light. Cedar Bear® reserves all of its respective and protective rights in the proprietary materials covered by this license and any other protective law regarding copyrights, trademarks, patents, etc. Other than the license granted in this Agreement, Cedar Bear® retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other either explicitly or implicitly.
21. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
It is the affiliate's responsibility to make sure that their Referred Party customer allows cookies from us, and does not clear them from their computer or electronic device.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
22. Disclaimer
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING CEDAR BEAR®, THE PROGRAM, OR THE CEDAR BEAR® PRODUCTS AND/OR PROGRAMS. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. CEDAR BEAR® MAKES NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE OR OF ANY SIGN-UP PAGE OR PROCESS WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
23. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL OF COMMISSIONS PAID OR PAYABLE TO YOU UNDER THESE AFFILIATE TERMS.
24. Right to Cease Affiliate Program
Cedar Bear® has the right to shut down or otherwise stop offering the Affiliate Program at any time. If we do shut it down or stop it, we will still pay you all commissions you have earned prior to that time.
25. Miscellaneous
(a) You represent and warrant that:
(i) You have read and understood these Affiliate Terms & Conditions, and consulted your own legal counsel for advice regarding them if you felt that was necessary, before being bound to them via the click-through process (for example, by checking an “I agree” box and then clicking on the “submit” button, or by otherwise indicating your agreement to and complying with these Affiliate Terms & Conditions);
(ii) You are eighteen (18) years or older and have the full right, power, and authority to accept and be bound by these Affiliate Terms & Conditions and to perform your obligations under these Affiliate Terms & Conditions, without the approval or consent of any other party;
(iii) You are an individual Affiliate (i.e. ‘individual person’) and are not a company, entity, or other organization, but are the individual person who is complying with these Affiliate Terms & Conditions.
(b) Independent Contractors. Each of us shall be deemed to be independent and separate parties from each other with respect to the subject matter of these Affiliate Terms & Conditions, and nothing contained in these Affiliate Terms & Conditions shall be deemed or construed in any manner as creating any partnership, joint venture, employment, representative, agency, fiduciary, or other similar relationship. You will not make any statement, whether on your site or otherwise, that contradicts anything in this paragraph.
(c) Assignability. Affiliate may not assign their rights or obligations under these Affiliate Terms Y Conditions to any other person or party, and any attempt to do so will be void and without effect, and may cause the immediate termination of affiliate from Affiliate Program. Cedar Bear® is free to assign the Program and/or these Affiliate Terms & Conditions to any Cedar Bear® entity and/or to an acquiror of Cedar Bear® assets.
(d) Governing Laws. These Affiliate Terms & Conditions shall be governed by the substantive laws of the State of Utah or Federal law where applicable, without reference to its choice or conflicts of law principles that would require the Application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Utah regardless and without prejudice.
(e) Affiliate shall not be deemed to have waived any provision of these Affiliate Terms & Conditions unless in writing and signed by the CEO of Cedar Bear®..
(f) Entire Agreement. These Affiliate Terms & Conditions represent the entire agreement between Cedar Bear® and Affiliate, and shall supersede all prior agreements and communications between us, whether oral or written.
(g) Severability. If any provision of these Affiliate Terms & Conditions 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 given full effect, and the remainder of these Affiliate Terms & Conditions shall have full force and effect.
(h) Governing language. These terms are not provided in any language other than English. If you wish to have them translated into another language before agreeing to them, you may do so, but you agree that the English version of these Affiliate Terms Y Conditions shall control and prevail in all cases.
26. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: christian.olsen@cedarbear.com.
We're very glad you've made it to the end of this important document.
Go forward and refer!
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to christian.olsen@cedarbear.com for support.
