Affiliate Terms and Conditions

These Affiliate Terms and Conditions (this ‘”Agreement”) states the terms and conditions for participation in the One Farm Affiliate Program. By applying to the One Farm Affiliate Program, you confirm to One Farm that you have read, accept, and agree to be bound by this Agreement. “One Farm” refers to WAAYB Labs LLC, DBA One Farm, a Colorado Limited Liability Company.

Affiliate Program

This Agreement applies to One Farm’s Promo Code Affiliate Program.  One Farm has a separate agreement for its relationships with podcasters.

Promo Codes and Landing Page Links

From time to time One Farm will assign you a time-limited promotional code that you can include in your Social Media posts on Acceptable Platforms (defined below) (each your “Personal Promo Code”).  Use of your unexpired Personal Promo Code (as determined by One Farm) by a New Customer (defined below) will earn you a one-time commission, as provided below.

If you include a link to One Farm’s website, you are responsible for coding the link and assuring that the link correctly directs to One Farm’s website.

One Farm may, in its discretion, create a One Farm landing page within the OneFarm.com domain specifically for you (your “Personal Landing Page”).  You are responsible for coding your link to your Personal Landing Page and assuring that the link (your “Personal Landing Page Link”) you include in your Social Media posts correctly directs to your Personal Landing Page. A New Customer who uses your Personal Landing Page Link to place a first time order will automatically be deemed to have entered your Personal Promo Code.

Commissions

One Farm will pay you commissions on certain sales of One Farm products to new customers introduced to One Farm products directly through your Social Media Activity, as provided below.  By your Social Media Activity, One Farm means your posts that include your Personal Promo Code or your Personal Landing Page Link (defined below) on any of the following Social Media Platforms:  Facebook, Twitter, Instagram, (each an “Acceptable Platform”). One Farm may make additions to or deletions from this list from time to time; any changes will be effective on the date One Farm posts notice of the change to the One Farm Affiliate Section of its website.

A “New Customer” is a person who has not previously purchased product from One Farm. Except as provided in the next paragraph, One Farm will pay you a commission of $__ for each New Customer who (1) enters your unexpired Personal Promo Code in the “Coupon Code” section of the One Farm online product order form at the time the New Customer makes their first purchase from One Farm, or who (2) makes their first purchase from One Farm through your Personal Landing Page Link.

One Farm will not pay a commission on any sale (1) to a customer that is not a New Customer, even if the customer uses your Personal Promo Code or Personal Landing Page Link, (2) to a customer that obtained your Personal Promo Code or Personal Landing Page Link in any way other than directly from your inclusion of your Personal Promo Code or Personal Landing Page Link in one of your Social Media posts on an Acceptable Platform (3) which uses or attempts to use an expired Promo Code, or (4) that One Farm is not permitted or able to fulfill for any reason. You agree not to distribute your Personal Promo Code or Personal Landing Page Link to any coupon or promo code finder sites and understand that One Farm can terminate your participation in the One Farm Affiliate Program immediately if you do. Furthermore, if a New Customer returns product purchased using your Personal Promo Code for any reason, you do not earn a commission in connection with that sale, and if already paid, One Farm can debit the amount of the commission from your One Farm Affiliate Program account. If that customer subsequently purchases from One Farm, the customer will no longer qualify as a New Customer.

You can track accrual and payment of your commissions, and other performance metrics for your account, by signing on to the One Farm Affiliate Dashboard. You agree to keep all information you enter in the Dashboard up to date and accurate.

Payment

You can request a payment if the unpaid balance of your account is at least $25 USD. Payments can be requested not more frequently than once every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out via PayPal or check.  No payments will be made until the Affiliate has provided One Farm with an acceptable IRS Form W-9 (or, if applicable, W-8BEN).

Branding, Marketing Collateral, Relationship to One Farm

One Farm authorizes you to use the One Farm/WAAYB brand and marketing resources available in the Affiliates section of the One Farm Affiliate Section, provided that you do so solely for the purpose of identifying One Farm and One Farm products [ANY LIMITATIONS? E.G., DOMESTICALLY? NOT IN SPECIFIC COUNTRIES OR STATES? ONLY FOR USES/APPLICATIONS/USERS THAT ONE FARM IDENTIFIES? ONLY TO PERSONS OVER A CERTAIN AGE? ETC.], and provided that you neither make nor imply any false, misleading, deceptive, untrue, or illegal claim, or assertion about One Farm or any of its products in any way associated with your use of such brand and marketing resources. Logos and other assets cannot be modified in any way. You may not use any One Farm brand or marketing resources in connection with the product or service of any person other than One Farm. The Affiliate does not gain any trademark, copyright or any other rights to these materials.

You shall not claim or imply that you are acting on behalf of, or are the agent or representative of One Farm, or that you have the right to sell or take orders for One Farm products.

You shall not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing One Farm.

Compliance with Applicable Laws

You acknowledge that you are familiar with the U.S. Federal Trade Commission’s regulations, Guides Concerning Use of Endorsements and Testimonials in Advertising (current version available HERE) and the Federal Trade Commission’s publication, “The FTC’s Endorsement Guides: What People are Asking (available HERE), and agree to comply fully.  You acknowledge that One Farm is not responsible for assuring your compliance with the FTC’s regulations and guidance. You understand that if One Farm becomes aware of your failure to comply with the FTC’s regulations or guidance, One Farm has the right to terminate your participation in the Affiliate Program immediately, without prior notice to you.

Term and Termination

Either party has the right to terminate the Agreement immediately by written notice.

If you terminate the Agreement, One Farm will pay you commissions based on New Customer purchases using your unexpired Personal Promo Code submitted to One Farm before the effective date of termination, provided that the amount is $25 or more.

If One Farm chooses to terminate the Agreement because you have breached any provision of this Agreement, One Farm will pay you the accrued, unpaid commissions credited to your account through the date of termination, provided that the amount is $25 or more. If One Farm chooses to terminate the Agreement for any other reason, One Farm will pay you commissions that accrue on purchases by New Customers who use your unexpired Personal Promo Code any time within 60 days of the date One Farm gives you notice of termination, provided that the amount is $25 or more.

Accrued, unpaid commissions totaling less than $25 will be forfeited, regardless of the terminating party or the reason for termination.

Dispute Resolution

If a dispute arises between you and One Farm relating to this Agreement in any way, and you and One Farm are unable to resolve the dispute through good faith negotiations, you agree to submit the dispute to mediation by a mediator agreed to by both parties.  The parties, you and One Farm, will each bear their own fees and expenses (including without limitation attorneys’ fees and expenses), but will each bear one half the fees and expenses of the mediator.

Governing Law, Entire Agreement

This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. This Agreement states the entire agreement of the parties with respect to its subject matter.

Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.