Mystic Naturals Affiliate Program
Terms and Agreements

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This general agreement is made out to you (the affiliate) from Mystic Naturals. It contains the complete terms and agreements of the affiliate program.
Please Note: "we", "us", and "our" refers to Mystic Naturals and "you", "yours", "your" refers to the applicant. The term of this agreement will begin once you are accepted into the Mystic Naturals affiliate program and will end upon notice of termination from either you or Mystic Naturals.

Rights and Restrictions

• We reserve the right to accept or reject any affiliate we review. All new affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an affiliate we will notify you by e-mail within this 24-48 hour time frame. Mystic Naturals will exercise their own discretion during the decision making process and may decide to decline any application we see necessary.
• All affiliates are required to be of legal age to enter into a contractual agreement.
• As part of this agreement, all affiliates who are accruing active commissions must do so through a visible Mystic Naturals banner, link or other forwarding method on a publicly viewable website, newsletter, blog, etc. Failure to do so may result in a terminated account.

Cancellation

• The affiliate account may be cancelled by Mystic Naturals at any time for any reason we feel appropriate. This is usually the result of slander, mis-representation made to us, spam e mail used to promote the affiliate, posting Mystic Naturals links on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring Mystic Naturals disrepute, etc. An issued warning letter in the form of e-mail will be sent first. If no reparations have been made, then the affiliates account with Mystic Naturals will be terminated.
• All affiliates may cancel their account with Mystic Naturals at any time and for any reason.
• Affiliate accounts are non-transferable.  The affiliate account will belong to the original registered owner until such time as the account is canceled by either party.

Use of Graphics and Links, Limitations of Use, and Cookie Periods

• Only html code and approved linking information is to be used for the affiliates website. Failure to do so will result in misappropriated commissions. All of the links, graphics, and account management information will be provided to the affiliate after their acceptance into the program. In no way is the affiliate to use graphics or links not approved by Mystic Naturals.
• Once a viewer clicks on an affiliate link and places an order with Mystic Naturals that viewer becomes the sole customer of Mystic Naturals. The affiliate will not have access to the customers account information, contact information, and will not be allowed communicate with customer in regards to their order/s placed with Mystic Naturals. Mystic Naturals is responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer.
• This agreement does not constitute a joint venture, partnership, franchise, or other representative business of Mystic Naturals. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by Mystic Naturals.
• Mystic Naturals may at any time refuse any particular link, text or referring graphic used to forward a viewer to the Mystic Naturals website. Only approved links, banners, graphics and text may be used.
• The use of Mystic Naturals affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, e mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, etc. Mystic Naturals holds sole discretion on what is termed as "inappropriate use" and may at any time close an account if we are given information on inappropriate use.
• The cookie period for the Mystic Naturals affiliate program is 6 months. After this 6 month period the viewer must come back to the affiliate's website and proceed to click a link for commission to be earned.
• Commissions will not be reported or recorded by viewers who have set their cookie protection settings to a high standard. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the affiliate may earn.
• Mystic Naturals is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
• Affiliates are solely responsible for the development, operation, maintenance and technical operation of their sites including all materials that appear on their sites and related equipment.

Payment

• Commissions are paid on a monthly basis near the 25th of the following month. Commissions are automatically paid to your PayPal account without any fees deducted.
• The commission to the affiliates is based on 30% of each order.
• Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customers credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
• We will not be responsible for lost commissions due to improper coding or inoperative links.

Fraudulent Orders and Orders Outstanding

• It is possible that we may receive an order that is ill legitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the commission amount. If this is to occur you will be notified immediately.
• Commissions are not credited until funds have cleared through PayPal.
• Mystic Naturals reserves the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to.

Grant of License and Restricted Use

• Mystic Naturals grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the Mystic Naturals website.
• Mystic Naturals holds sole editorial discretion on how links are worded, or described on the affiliates site. Mystic Naturals is not responsible for the creation of the links, which may be posted on your site. You also agree to fully cooperate to work with Mystic Naturals to maintain and manage links.
• All content on the affiliates website including links, banners, text, etc, leading to any or all content within the Mystic Naturals website is the sole responsibility of the affiliate. It is the affiliates responsibility to update and manage their own links leading to the Mystic Naturals. We are not responsible for alerting the affiliate or making recommendations on when we anticipate changing the links or directions to content on the Mystic Naturals website but you will be notified via email if changes are necessary to be made to your links.
• If Mystic Naturals believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.

IRS Responsibilities

• Once an affiliate has accrued over $600.00 dollars in commission payouts, we must request and receive the social security number of the affiliate who is receiving payments from Mystic Naturals. The IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a "contractor", this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.

Changes To This Agreement

• Mystic Naturals may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.

Privacy

• Your privacy is a major concern for Mystic Naturals. We will not sell, disperse, trade or otherwise decimate your account information to any organization outside of Mystic Naturals.

Warranty

• Mystic Naturals does not make any guarantees on the ability of the affiliate programs ability to generate income for the affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.

Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MYSTIC NATURALS CUMULATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

Indemnification. You agree to indemnify and hold harmless Mystic Naturals and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Mystic Naturals based on or arising from any claim
(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or
(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Mystic Naturals in connection with or arising from any such claim, suit, action, or proceeding.

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