Affliate Application Form

The Herborium Affiliate Program

Thanks for applying to become a Herborium affiliate. All you have to do is fill out this form. When you complete the form, you will be taken to the affiliate resource page.

Herborium Affiliate Application Form

Country:
Name of Business:
URL:	http://
Description:
Traffic:	visitors per month
Make Checks Payable To:
Business Address:
Apt/Suite #:
City/Town:
State:
Zip:
Contact:
First:
Last:
Email:	(this is your login name)
Phone:
Password:	(4-10 characters)
Terms:	AFFILIATE AGREEMENT By filling out this Agreement you acknowledge that you have read the terms and conditions, understand, and agree with them. This Agreement defines your relationship with Herborium Inc., the owner and/or exclusive licensee of the product under the Agreement. The Agreement contains the complete terms and conditions that apply to a party’s participation as an affiliate in the Affiliates Program of Herborium, Inc. Corporation (the “Program”). 1. Joining the Program By filling out the signup form you will automatically become an affiliate and are bound by the terms of this Agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referred individuals. 2. Revocation of Affiliate Status Your affiliate application and status in the program may be suspended or terminated for any of the following reasons: • Advertising on sites containing/promoting illegal activities • Violation of intellectual property rights. • Unsolicited Email (SPAM) 3. Affiliate Links You may use graphic and text links both on your website and in emails. The site may also be advertised offline in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by Herborium, Inc. as free resources or you may create your own as long as they comply with conditions in paragraph 2, comply with laws and pertinent regulatory requirements, and with provisions listed below: Affiliate Link Provisions: You may provide a general link on your Site to our Product Site home page(s) in a format to be approved by us. We will provide you with guidelines, content and graphical artwork to use in linking to our home page (“Product Information”). If you decide to develop your own material you need to submit it to us for approval prior to its use. We will make every effort to review and provide our feedback on your promotional material within 48 hrs. We may with or without notice (a) change, suspend or discontinue any aspect of a Product offer (b) remove, alter, or modify any graphic, banner, content, or text submitted by us to you for use in connection with the sale of our products (Herborium Content). You agree to promptly implement any request from us to remove, alter or modify any of our content or related content appearing on your site. Any failure by you to comply with the terms of this paragraph shall entitle us to, in addition to any other remedies available, withhold payment on any applicable sales due to you. 4. Affiliate Tracking When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate user ID. Also, their IP address is tracked in the database along with your affiliate ID. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or is using the same IP address as the one logged in the database. 5. Order Processing We will process product orders placed by customers who follow special links from your site to the HERBORIUM Product Sites in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our reasonable discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted. 6. Confidentiality of Visitors Personal Data Herborium Inc. is committed to maintain confidentiality of all information provided by clients and promises not to disclose publicly, other than under compulsion of law, including subpoena, any personal or business information that can be linked specifically to any Visitors to Your Web site that result directly from Links on Your Publishers` Web sites and subscription e-mail mailings, without the Visitor`s express permission (which may be through membership to a Publisher`s subscription e-mail or Web site program), to the extent Herborium, Inc. collects any such information, including, but not limited to, the Visitor`s name, e-mail address, phone number, or any other personal information. 7. Terms of the Agreement These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. We may modify the terms of this agreement at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change. 8. Third Party Disputes. Should any third party or a Publisher that is not a member of your program dispute a party`s right to use any Link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered on a party`s website, a party may, immediately upon notice, terminate this agreement or, in the case of Herborium Inc, deactivate your account. A party`s representations regarding the preceding may or may not be relied upon in the other party`s decision whether to terminate this Agreement, or, in Herborium’s case, deactivate your account as Affiliate. 9. Business Operations. Each party will make reasonable commercial efforts to keep its website operational during normal business hours. However, the parties agree it is normal to have a certain amount of system downtime and agree not to hold each other or your Publishers liable for any of the consequences of such interruptions. 10. Authority and Compliance with Laws. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party`s behalf. Each party is responsible for compliance with the applicable local laws in the jurisdiction from which it operates and represents and warrants such compliance. Each party represents and warrants that the party shall have all appropriate authority and rights to grant the licenses hereunder, and that to the party`s knowledge the licenses, and in the case of Herborium, Inc. the technology that Herborium Inc. utilizes for the network service, does not infringe a third party`s (or the other party`s) intellectual property rights. 10. Limitation of Liabilities. ANY LIABILITY OF HERBORIUM INC. UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR PAYOUTS PAID AND PAYABLE TO YOUR AFFILIATES (IN THE AGGREGATE) BY HERBORIUM, INC., ALL FEES PAID AND PAYABLE BY YOU TO HERBORIUM, INC. AND INTEREST PAID AND PAYABLE BY YOU TO HERBORIUM, Inc. DURING THE TERM OF THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY AN AFFILIATE OR MERCHANT OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. HERBORIUM IS NOT RESPONSIBLE FOR ANY LIABILITIES RESULTING FROM THE CONTENT OF YOUR WEBSITE NOR THE TEXT AND FORMAT OF YOUR ADVERERTISING DEVELOPED BY YOU FOR HERBORIUM PRODUCTS. 11. Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God. 12. Liability Herborium, Inc. will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of intents of harm to the program or our website or any other claims or liabilities imposed on the Affiliate as promoter of the product. Herborium, Inc. does not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. Herborium, Inc. makes no claim that the operation of the affiliate program and our website will be error-free and Herborium Inc. will not be liable for any interruptions or errors. 13. Payments Payments are made on the 10th day of each month for the previous month`s sales. Thus, sales made for the month of June would be paid out on July 10th. At this time, all balances greater than $25 USD are issued. Any balances under $25 USD will be carried forward to the following month. We have not missed one payment period to date. 14. Entire Agreement, Assignment and Amendment. This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. Neither party may assign this Agreement without the prior express written permission of the other party. This Agreement may only be altered, amended or modified by an instrument that is assented to by each party to this Agreement by verifiable means, including without limitation by written instrument signed by the parties or through a click through acknowledgement of assent. By joining the Herborium, Inc. affiliate program you acknowledge that you have read the terms and conditions, understand, and agree with them. We reserve the right in our sole discretion to modify these guidelines at anytime. We reserve the right to take action against any use that does not conform to these guidelines.
	I agree to the terms above