Prairie Moon Nursery - Affiliate Program

Native Seeds and Plants for Prairie, Meadow, Wetland, Savanna, and Woodland

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	To be an authorized affiliate of Prairie Moon Nursery Inc., you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Prairie Moon Nursery Inc. service as an affiliate. By signing up for the Prairie Moon Nursery Inc. affiliate program, you indicate your acceptance of this agreement and its terms and conditions. PRAIRIEMOON.COM NETWORK AFFILIATE AGREEMENT This Agreement contains the complete terms and conditions that apply to your participation as a member of the Prairie Moon Affiliate Network (the “Network”) operated by Prairie Moon Nursery Inc. (hereinafter, “Company,” “we” or “us). As used in this Agreement, “you” or “your” means the applicant/participating member. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PRAIRIE MOON NURSERY INC. BY CHECKING THE BOX IN THE SUBMISSION FORM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE NETWORK UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF. 1. Utilizing Links in Your Marketing As an affiliate in the Program, you may use in your marketing materials (“Affiliate Marketing”) any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you cannot employ deceptive language or misleading URL’s in the Links, and you must comply with all applicable state and federal laws. Promotional links must contain Prairie Moon Nursery’s trade names, service marks, and/or logos for display in your Affiliate Marketing. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and link designated promotional materials for placement in your Affiliate Marketing for the sole and exclusive purpose of promoting web sites owned, operated or controlled by Prairie Moon Nursery, Inc. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. PLEASE NOTE: We do NOT allow PPC bidding (Google, Yahoo, MSN, etc) on keywords directly related to the name of our organization, including but not limited to: Prairie Moon Nursery, Prairie Moon, PrairieMoon.com 2. Commissions. We will pay you a commission per sale coming from your Links. The Commission Rate is subject to change from time to time, upon email notice to you and commencing the 30-days following such notice. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your marketing by our system or if full payment for services is not made to us by the customer. No commission will be paid for purchases by you or anyone within your organization. Commission amounts are 10% or as agreed upon. If affiliate sale results in a chargeback or fraudulent order, commissions will be removed from the balance. If chargebacks or fraudulent orders exceed 5% of your sales, there will be an additional $30 charge per fraudulent order to your balance and your account will be shut down. Affiliates are NOT charged for Product Returns. 3. Commission Payment. Commissions due and owing to you under the Program will be paid to you directly by Prairie Moon Nursery, Inc. HOW TO REPORT IMPROPER MARKETING METHODS BY AFFILIATES If you believe you are the target of advertising in violation of this Agreement from a person or company advertising web sites under this Program, we ask for your cooperation in tracking down the offending party. Please send the offending ad, with all header or other technical information, to nate @ prairiemoon.com. 4. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the “Affiliate Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any Agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement. 5. Independent Investigation. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement. We have the right to monitor your Web site at any time and from time to time to determine if you are in compliance with this Agreement. We also reserve the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and Prairie Moon Nursery Inc. retains the right to terminate this Agreement immediately. 6. Term of the Agreements. The term of this Agreement will begin upon our acceptance of your Affiliate Network Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your email address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement, you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. 7. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new Agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Network rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Network, following our posting of a change notice or new Agreement on our site, will constitute binding acceptance of the change. 8. Relationship of Parties. Nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether in your marketing or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Prairie Moon Nursery Inc. and Prairie Moon Nursery Inc. expressly disclaims responsibility for any conduct by you in violation of our terms of Agreement. 9. Limitation of Liability. We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement or fifty dollars ($50.00), whichever is greater. 10. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Network or any Prairie Moon Nursery Inc. services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 16. Indemnification. You hereby agree to indemnify, defend and hold harmless Prairie Moon Nursery Inc., its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your marketing. 17. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement and the legal relations between the parties hereto shall be governed in all respects, including validity, interpretation, performance and effect, by the laws of the United States of America, applicable to contracts made and to be wholly performed therein. The parties hereto expressly and irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts of Los Angeles, California with respect to any legal action or proceeding that may be brought pursuant to this Agreement. You hereby expressly and irrevocably waive any claim or defense in any such action or proceeding based on any alleged lack of personal jurisdiction, improper venue or forum non convenient or similar theory. In any action for violation of this Agreement, the prevailing party shall be entitled to recovery of costs and expenses, including attorneys' fees. 18. Other Grounds for Termination In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: Altering by electronic, mechanical or automated means or other technologies, that may now exist or come into existence, the Program webmaster affiliate code or Program site URLs belonging to or identified with accounts other than your own, or causing the modification or substitution of Program webmaster affiliate code or Program site URLs belonging to or identified with accounts other than your own that may reside within or originate from a third party system in the form of bookmarks, cached pages, cookies or other stored forms that may be passed to the Program and/or Company system by user operation of said third party system. Making any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
	I have read, understand and agree to the above terms and conditions.

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