The following are the terms and conditions (this "Agreement" or the "Terms") for affiliates that direct potential customers to the Sustainable Producers’ web site (the "Site") and where Sustainable Producers has agreed to pay that affiliate ("you") for directing those potential customers to the Site.
1. Acceptance
By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification.
2. Nature of the Relationship
The nature of the relationship between Sustainable Producers and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees Sustainable Producers. Specifically, Sustainable Producers is not a member of any partnership, joint venture or franchise arrangement with you.
3. Ownership and use of Sustainable Producers Materials
"Sustainable Producers" include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial Sustainable Producers Material or any other materials provided by Sustainable Producers, the Site or any Sustainable Producers service in any way. Sustainable Producers retains complete ownership and all rights to the Sustainable Producers Materials. You do not have the right to use or change any of the Phoenix United, LLC Materials without prior written consent of Sustainable Producers. You do not have the right to use any Sustainable Producers Materials for third party or competitive use. All use of Sustainable Producers Materials, with or without prior written consent, will cease after termination of this agreement.
4. Term
This Agreement will be for an indefinite term and can be terminated immediately without cause by either Sustainable Producers or you providing notice to the other party. Upon termination, you will stop using Sustainable Producers Materials and you will discontinue any use of the Sustainable Producers trademark, properties, and materials.
5. Your Compensation
Sustainable Producers agrees to pay you a commission equal to the amount per the following criteria (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) as generated from referrals that have been given credit to you by prospective customers.
- Subscriptions: Subscriptions for service are aimed towards Farmers, and Farmers’ Market Managers. For every month sold during the reporting period you will be paid a commission of $5.00 USD
- Crowdfunding: As our primary purpose is to foster the growth of farmers, we offer the industry low commissions of 1% take away (compared to 5-10%). Your commission will be 25% of this (.025%) for any Crowdfunding profile that you refer.
- Surveys: Knowledge is power, and for our farmers, knowledge is security. In order to attract more farmers to areas that are dependent on imports and to inform farmers already in an area what they can safely invest in we have two separate surveys to collect this data. These are the “Local Business Form” and “Residence Survey” located in the Downloadable Content section. As these surveys can be left semi-anonymous, city must be included, you will be paid a commission for any of the mentioned crops in the survey you refer for a period no more or less than 366 days of availability. This commission will be equal to 2.5% of the revenue for that specific crop, in that specific city, for the mentioned 366 days of cumulative availability; as long as the crop in question was not already available or mentioned in a previous survey.
These referrals must be submitted by the individual who referred you. Payments are calculated on the first business day of the month and payment will be sent within 5 business days of the 2nd month following the month of sale (35-40 calendar days) when commissions payable total $50 or more; in order to allow for and honor the 30 day money back guarantee for subscriptions. You will have access to sales and commission reports available through the Sustainable Producers Affiliate Program. We will not provide any compensation for any referrals or traffic where the provision of any compensation for a referral is prohibited by law.
6. Content Development
You are solely responsible for all content development (and its cost) on your web site or other media.
7. Confidentiality
You may be given or obtain access to non-public information of Sustainable Producers that Sustainable Producers considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively "Confidential Information"). You agree not to use any Confidential Information disclosed to you by Sustainable Producers for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Sustainable Producers immediately and in writing of any misuse or misappropriation of Sustainable Producers’ Confidential Information, which may come to your attention and to return Sustainable Producers Confidential Information upon the request of Sustainable Producers Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of Sustainable Producers.
8. Return of Confidential Property
Upon Sustainable Producers’ request (and upon termination of this Agreement), you will deliver to Sustainable Producers all Confidential Information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to Sustainable Producers’ business including all copies, extracts, summaries and analyses.
9. Indemnification
You agree to indemnify and hold Sustainable Producers, its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).
10. Limitations of damages
Sustainable Producers will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Sustainable Producers is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Sustainable Producers regarding such damages.
11. Trademarks and other Intellectual Property
You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Sustainable Producers (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Sustainable Producers. You may use and display such trademarks only in the manner and for the purpose authorized by Phoenix United, LLC, and only during the Term of this Agreement. Sustainable Producers reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Sustainable Producers in any corporate, partnership or business name without Sustainable Producers’ prior written consent. Phoenix United, LLC is the owner of Sustainable Producers trade name, brand and trademark.
12. Media
No press releases mentioning your affiliate program participation may be made without prior written consent of Sustainable Producers to a release being made. You will provide a copy of any press releases to Sustainable Producers.
13. Conduct
You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Sustainable Producers or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Sustainable Producers’ Site or products using illegal, unethical, or misleading methods, or through inaccurate content.
14. Modification to Terms
Sustainable Producers reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. Sustainable Producers is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized Sustainable Producers officer.
15. Entire Agreement
This Agreement, the Site Terms and Conditions and the Site Legal Disclaimer, as amended from time to time, and located at https://sustainable-producers.com/disclaimer%2Fterms-%26-cond, respectively, constitute part of this Agreement.
16. Assignment
This Agreement cannot be assigned.
17. Waivers
No failure or delay, on the part of Sustainable Producers, in exercising any right or power under these Terms will operate as a waiver of such right or power.
18. Severability
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
19. Governing Law and Notices
In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the State of New Mexico in the United States of America. You consent to the exclusive jurisdiction of the courts of the New Mexico, U.S.A. Any notice under this Agreement will be in writing and delivered via e-mail correspondence, or sent by facsimile. All notices will be addressed to Phoenix United, LLC Legal Representative via admin@sustainable-producers.com (facsimile: 505-463-9430). Any notices to you may be delivered to you at the address, email address or facsimile number provided in your application or to any address later provided.
20. End User
The end user of Sustainable Producers’ Material will be subject to the Site's terms and conditions and disclaimers.
21. Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Sustainable Producers and you.
22. Headings
The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.
