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Affiliate Program Agreement

Garlic Gold® Affiliate Agreement

Our affiliates are very important to us.  We do our best to treat you with the fairness and respect you deserve.  We simply ask the same consideration of you.  We have written the following Affiliate Agreement with you in mind and to protect Seven Oaks Farm's reputation.  Please understand this is a legal formality and if you have any questions or concerns, do not hesitate to let us know.  We believe in honest communication and can be reached at: (805)641-0441

All the Best

Jennifer Miller
Affiliate Manager

Affiliate Agreement

The following are the terms and conditions of participating in the Garlic Gold® Affiliate Program. "Affiliate" refers to yourself, and "Seven Oaks Farm" refers to the manufacturer of Garlic Gold, Seven Oaks Ranch, located at 2568 Channel Drive, Ventura CA 93003 and available by phone at 805-641-0441.

Payments and Commissions
Seven Oaks Farm will pay the Affiliate a 10% commission on all “Product Sales” (excluding shipping & handling) which are identified by a visitor from Affiliate using their unique Affiliate Coupon Code (the “Coupon Code”). If that customer referred from the Affiliate repurchases at least once every 12 months a 10% commission (the “Commission”) on all Product Sales will continued to be paid REGARDLESS if they use your unique Affiliate Coupon Code on their subsequent purchases because you introduced them to us.

You are aware that Coupon Codes will be periodically updated, as often as every 30 days, to provide different benefits to the customers the Affiliate refers to Seven Oaks Farm and who purchase on the Garlic Gold website which will insure your customers receive great promotions because of you (e.g. some months they’ll receive shipping discounts, other months they’ll receive percentage discounts and sometimes could receive both). The key point to be aware of is that once a customer has used your unique Affiliate Coupon Code they will be tracked from that point onward in order to provide you with a commission for their sales provided they purchase at least once every 12 consecutive months.  What they receive when they purchase will depend upon which promotion Seven Oaks Farm is running at that time, in Seven Oaks Farm’ exclusive determination, and will be changed from time to time.

In addition to a Commission being paid for sales by individuals that you refer to us by using the Coupon Code, Seven Oaks Farm will also pay a 5% Commission on all sales (excluding shipping & handling) to any wholesale customer who purchases directly from Seven Oaks Farm through the website, or otherwise, where the product is shipped directly to that wholesale customer, provided that the prospective wholesale customer is “cleared” for an approach by the Manager of Affiliate Relations (the “Affiliate Manager”) prior to initial contact.  The process of “clearing” a prospective wholesale customer is to contact the Affiliate Manager by email with the name and location of the prospective customer, and receiving written clearance back from the Affiliate Manager that a contact with the prospective customer is approved.

Affiliate commissions shall be paid by company check for Commissions earned in a given calendar month, calculated approximately 15 days after the end of the month to which the Commission relates, less any sums held back for sales which may be deemed by Seven Oaks Farm to not yet be “final.” Seven Oaks Farm reserves the right to modify the payment schedule, and all other terms of this Affiliate Agreement, at any time at their sole discretion as set forth below. 

Although the Affiliate Program is not limited to the U.S. all Commissions will be paid in U.S. dollars. If a qualifying sale is canceled or refunded, the related Commission will be deducted from the next monthly Commission payment. 

Independent Contractor Status
Affiliates are NOT employees of Seven Oaks Farm and are responsible for their own hours of work, places and methods of working and otherwise controlling their own behavior, including being solely responsible for all local, state, or country taxes of any type. All Affiliate applications are subject to approval by Seven Oaks Farm, and any such application once accepted can be revoked at any time, for any reason, at Seven Oaks Farm’ exclusive discretion. Term "Affiliate" shall not be interpreted as a legal partner or affiliate, but simply as an independent contractor for Seven Oaks Farm under this Agreement. 

Affiliate Coupon Code 
As noted above, you will be issued a unique Affiliate Coupon Code" which allows Seven Oaks Farm to identify visitors as originating from you. These visitors are tracked by initial use of the Affiliate coupon code and sales are recorded with your Affiliate account. To receive the above referenced Commissions, the first order from a referral of yours must use your distinct Affiliate Coupon Code. The coupon itself may be issued to prospective customers verbally or in various written or electronic forms such as a Facebook posting, banner, image, or text link. Affiliate may use their own Coupon Code to order services from Seven Oaks Farm.

Rights Under this Agreement

Affiliate has the right to earn Commissions on this Affiliate Agreement consistent with the terms hereof for as long as this Agreement remains in effect for the respective Affiliate.  

Seven Oaks Farm reserves all rights in or to its trademarks and service marks but they may be used by Affiliate in accordance with this Agreement and requires written use of all its proprietary logos, trade marks, service marks and the like to be pre-approved by Seven Oaks Farm’ Affiliate Manager. The Garlic Gold logos and trademark may never be used to register internet domain names for any purpose. Affiliate may in no way ever display a Seven Oaks Farm or Garlic Gold logo, image, or trademark which may be deemed to be distasteful, defame, or misrepresentative of any fact. 

Affiliate shall not verbally or in writing misrepresent Seven Oaks Farm products or services. Affiliate is solely responsible for ensuring that their referrals are using the correct Coupon Codes to qualify for commissions. 

Affiliate agrees not to send unsolicited mail or electronic SPAM mail to promote any of Seven Oaks Farm products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending commissions. 

Prohibited Sites
Websites that promote violence do not qualify for the Affiliate program. Websites that promote sexual violence or discrimination based on: race, sex, religion, national origin, and physical disability, shall not be accepted. Websites that promote illegal activities shall never be deemed acceptable hereunder. Prospective Affiliates are counseled to not apply if a website s/he is currently involved with promotes any of the foregoing prohibited activities. By applying, you are stating that all websites with which are currently affiliated, and all those with which you become affiliated in the future, do not directly promote or endorse these prohibited activities.

Termination of Agreement
This Agreement remains in effect until cancelled by either party. Either party may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any material breach of this Agreement by you as an Affiliate. Commissions earned through the date of expiration or cancellation of this Agreement will remain payable, subject to appropriate set-offs as may be applicable, and then only if the qualifying sales are not cancelled or refunded by the referred Customers. Payment of the final Commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid. 

Seven Oaks Farm will make every reasonable effort to assist Affiliate to track and receive Commissions for all sales that apply to Affiliate, but the primary responsibility for assuring the correct Commissions are paid lies with Affiliate who did the customer referral. Notwithstanding the foregoing pledge of assistance, Seven Oaks Farm is not responsible for technical problems, acts by third parties, or other events outside its reasonable control. 

To protect Seven Oaks Farm customer privacy, we may not be able to provide identifying customer names and contact information to you at all times. However, we will provide such reports and other data for your records upon written request to the extent Seven Oaks Farm is reasonably able to do so at an appropriate cost. 

Limitation of Damages
Seven Oaks Farm shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Seven Oaks Farm has been advised of the possibility of such damages. Seven Oaks Farm’ aggregate liability arising under or with respect to this Agreement or the program shall in no event exceed the total Commissions paid or payable by Seven Oaks Farm under this Agreement to the individual Affiliate to which a loss claim might apply. 

Affiliate understands that Affiliate tracking can never be 100% accurate and Seven Oaks Farm is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, some of which are out of the control of Seven Oaks Farm. It is the goal of Seven Oaks Farm to make Affiliate tracking as accurate as possible as a way to support the Affiliate’s success and the success of Seven Oaks Farm itself. 

Warranty Disclaimer
Seven Oaks Farm makes no warranties expressed or implied with regard to its Affiliate Program except as outlined in this Agreement. 

Governing Law
This Agreement shall be governed by the laws of the State of California.

Subsequent Modifications
This Agreement shall be modified at any time, without notice, by the posting upon Seven Oaks Farm’ website and Affiliate formally consents and agrees to be bound by the terms of any such subsequent version of this Affiliate Agreement the moment it is posted upon Seven Oaks Farm’ website.