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Affiliate Program Terms of Service

By signing up to be an Affiliate in the Dale’s Raw Foods Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Dale’s Raw Foods reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. 

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation.

Account Terms

  1. You must be 18 years or older to be part of this Program.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be removed.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted and account will be removed.
  5. You are responsible for maintaining the security of your account and password. Dale’s Raw Foods cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. One person or legal entity may not maintain more than one account.
  8. You cannot use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. You cannot use the Affiliate Program to earn money on your own Dale’s Raw Foods product orders.
  10. You cannot earn commissions on your own orders.
  11. You cannot earn commissions on products that you intend to resell. 
  12. You cannot have other people such as coworkers, associates, friends, or family use your affiliate link to place product orders for your use or consumption and earn those commissions through your own affiliate link. 
  13. You cannot earn commissions on wholesale orders that go through your affiliate link.
  14. An account is considered inactive if it has not earned a commission within the past 90 days. Inactive accounts may be deactivated and deleted at Dale’s Raw Foods’ sole discretion.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Dale’s Raw Foods. We may change the design of the artwork at any time without notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and Dale’s Raw Foods. You must ensure that each of the links between your site and the Dale’s Raw Foods properly utilizes such special link formats. Links to Dale’s Raw Foods placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to product sales on Dale’s Raw Foods product site occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

For accurate tracking, affiliate links should point to the home page of our website http://dalesrawfoods.com.

Deep links, or links to other pages inside the product site may not earn credit, as these are custom links that we cannot guarantee the accuracy and legitimacy of these links. 

Custom Links and Sublinks

Affiliates may create custom links or sublinks to use that matches there own branding. Custom links or sublinks can be made in affiliates control panel under Resources, then click Format Your Affiliate Links. 

Acceptable custom links or sublinks include:

  • www.johndoe.com/dalesrawproteinbars, in which the affiliate uses his own domain, then a page on his website to attach to his affiliate link. The page on website must have pertinent information about Dale's Raw Foods products which can include text, images or video.
  • www.dalesrawfoods.com/johndoe, in which affiliate adds a custom name in place of affiliate code (#oid=1000_0) that will send people directly to the Dale's Raw Foods website and track the affiliates original code (#oid=1000_0). 

NOTE: These are just examples. For complete details on how to format custom links or sublinks, please refer to instructions on Affiliate Link Guard in resources of your affiliate program. 

Unacceptable custom links or sublinks include:

  • Any custom link or sublink that includes any of words, or any combination of these words, in the "domain" is unacceptable and not permitted: dale, dales, raw, bar, bars, protein, food, foods. These words may be used after the domain such as www.johndoe.com, but not in the actual domain. For example, the domain www.dalesfoodbars.com linked to your affiliate account is not acceptable or permitted. 
  • Any custom link or sublink that is a domain related to the Dale's Raw Foods brand, which links directly to the Dale's Raw Foods website www.dalesrawfoods.com without the permission of Dale's Raw Foods is not permitted. 
Dale's Raw Foods has the right to reject any custom link or domain linked to an affiliate account, and suspend that affiliate account for any reason.  Affiliate will receive a written notice of violation and suspension within 14 days with advice on how to regain activation of their affiliate account.  

    Referral fees/commissions and payment

    For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to a Dale’s Raw Foods' site and purchase the product during that session. The session ends once someone closes their web browser, navigates away from the Dale’s Raw Foods site, or otherwise leaves the site without purchasing a product before leaving the site. If they leave the site, come back later on their own, and then purchase a product, you may not earn a commission. For more details, see sections below about Cookies, Affiliate Link Tracking, and Ongoing Commissions.

    Referral fees can only be earned through product commissions.

    Product commissions are earned once the customer has purchased a qualifying product. Payments only begin once you've earned more than $25 in affiliate income. If your affiliate account never crosses the $25 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $25 threshold.

    The commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.

    We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

    We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

    Cookies

    Our system logs the person's cookies so when they leave and come back to purchase, you may still get your commissions for as long as that person keeps coming back to our website without clearing their computers cookies, however that is not guaranteed.

    If they do clear their computers cookies or use another link to visit the website, then they will need to click back on your affiliate link for you to start receiving commissions from that customer again.

    We do not guarantee ongoing commissions of affiliate sales through the use of customers cookies.  

    Affiliate Link Tracking

    Affiliate link tracking is done when a customer clicks on your special affiliate link that sends them to our website to make a purchase. Once they make a purchase, your special affiliate link will send information to our affiliate software and if approved, you get commission. 

    It is always recommended that you have referrals use your affiliate link each time they make a purchase, so that you get commission. 

    Ongoing Commissions

    There is no such thing as guaranteed ongoing commissions through the Dale's Raw Foods Affiliate Program.

    The Omnistar Affiliate Software uses cookies and IP address to track potential ongoing commissions, however there too many variables preventing us from guaranteeing ongoing commissions from your referrals.  These include but are not limited to: customers and referrals placing orders from different devices, different locations, and different browsers, in addition to clicking on other affiliate links or using a different name or email address each time they place an order.

    There is no relationship between the Dale's Raw Foods website hosted by Shopify and the Dale's Raw Foods Affiliate Program software hosted by Omnistar.  Customers who sign up for an account through the Dale's Raw Foods website has nothing to do with with your affiliate account. Referrals should use your affiliate link each time they purchase to get commission from that customers orders. 

    Payments by PayPal

    Commissions are paid by PayPal and only by PayPal. We cannot send checks, credit credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don't have a PayPal account you can sign up for one at any time, but payments cannot be issued until you have one.

    Identifying yourself as a Dale’s Raw Foods Affiliate

    You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Dale’s Raw Foods, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

    You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

    Payment schedule

    We pay commissions on the 1st of each month, for the previous month's commissions, as long as your current affiliate earnings are over $25. If you haven't earned $25 since your last payment, we'll pay you on the following month after you've crossed the threshold. Payments are only made via PayPal.

    Customer definition

    Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

    Your responsibilities

    • You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
    • The technical operation of your site and all related equipment
    • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
    • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
    • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
    • Ensuring that materials posted on your site are not libelous or otherwise illegal
    • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

    Compliance with Laws

    As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

    Term of the Agreement and Program

    The term of this Agreement will begin upon our acceptance of your Program 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 written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any of our product sites, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Dale’s Raw Foods reserves the right to end the Program at any time. Upon program termination, Dale’s Raw Foods will pay any outstanding earnings accrued.

    Termination

    Dale’s Raw Foods, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Dale’s Raw Foods program or service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Dale’s Raw Foods reserves the right to refuse service to anyone for any reason at any time.

    Relationship of Parties

    You and we are independent contractors, and 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 on your site or otherwise, that reasonably would contradict anything in this Section.

    Limitations 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 this Agreement.

    Disclaimers

    We make no express or implied warranties or representations with respect to the Program or any products 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 the Dale’s Raw Foods sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

    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.

    Arbitration

    Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Boca Raton, FL, (Palm Beach County) USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

    Miscellaneous

    This Agreement will be governed by the laws of the United States and the state of Florida USA, without reference to rules governing choice of laws. 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 be 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.

    The failure of Dale’s Raw Foods to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Dale’s Raw Foods and govern your use of the Service, superseding any prior agreements between you and Dale’s Raw Foods (including, but not limited to, any prior versions of the Terms of Service).