Affiliate Agreement

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of Native Remedies LLC, and the establishment of links from your affiliate Web site to our Web site "NativeRemedies.com”. As used in this Agreement, "we", "us", "our" or Native Remedies LLC means Native Remedies, LLC, "you" or "your" means the applicant, and "Product" means any and all items offered for sale by us on the NativeRemedies.com web site.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NATIVE REMEDIES LLC. BY CLICKING ON THE "Proceed" BUTTON IN THE AFFILIATE PROGRAM APPLICATION FORM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.

1. Enrolling in our Affiliate Program.

To begin the enrollment process, you will submit a complete Affiliate Program Application via our web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, if your site incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable, such as sites that facilitate illegal activity, depict sexually explicit images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights (collectively "Content Restrictions").

Any affiiate applications which have an email address from a free service such as Yahoo, Hotmail, Gmail, etc., will be automatically rejected. You MUST provide an email address from your internet service provider or your own domain. Also, the email address provided must *MATCH* your PayPal email address. If a free email address is entered, or if your main email address does *not* match your PayPal email address, your application will be automatically rejected.

2. Utilizing Our Links on Your Site.

As an affiliate site ("Affiliate Site"), we will make available to you banner advertisements for our site, button links to our site and/or text links to our site, containing Native Remedies LLC’s logo and words identifying NativeRemedies.com (these links sometimes being referred to herein collectively as "Links", or individually as a Link"), which, subject to the terms and conditions hereof, you may display on your site. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links or Links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent. You shall not alter, modify or expand the links in any way; however, a Link may be modified and/or expanded with our written consent. Each Link connecting users of your site to our site will in no way alter the look, feel or functionality of our site. We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

3. Order Processing.

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, all Links must be approved by us. We will process orders placed by customers who follow the Links from your site to the NativeRemedies.com site. We reserve the right to reject orders that do not comply with certain requirements that we periodically may establish. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make unaudited reports, summarizing this sales activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.

4. Commissions.

We will pay you a commission (the "Commission Rate") equal to the percentage of Net Retail Sales, calculated pursuant to the schedule below, derived by Native Remedies LLC from the purchase of Product by users of your site who purchase such Product by accessing the Native Remedies.com site through the link from your site to our site. For the purposes of this Agreement "Net Sales" shall mean sales revenues less amounts collected by us for sales taxes, duties, shipping, handling, credit card fees and similar charges. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate. Net Retail Sales will also be reduced for amounts due to credit card fraud, bad debts, cancellations and credits for returned goods. A commission will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system.

The above fee schedule is subject to change without notice. The following scenarios are presented for the purpose of illustration only and we maintain the sole right to determine when and if a commission payment is due: (i) if a visitor comes to our site once from a link from Site A and then later returns to our site from a link from Site B, all commissions will be paid to Site B; (ii) if a visitor comes to our site from Site A, purchases nothing, and returns 31 days later directly to our site to purchase product, no commission will be paid. Only Product that is sold by us (to users of your site through Links to our site), shipped to a customer and for which we have received full payment will qualify for a commission. For a sale to generate a commission, the customer must follow the Link from your site to our site, purchase the product or products in question using our online ordering system within 30 days of the customer's first visit, accept delivery of the item at the shipping destination, and remit full payment to us.

5. Commission Payment.

We will pay you commissions on a monthly basis. Approximately 30 days following the end of each calendar month, we will send you a check for the commissions earned on Net Retail Sales of Product that we shipped during that month, less any taxes that we are required by law to withhold. However, if the commissions payable to you for any month are less than $25.00 (the "Commission Payment Floor"), we will hold those commissions until the total amount due is at least equal to the Commission Payment Floor. If Product that generated a commission is returned by the customer, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent payment, we will send you a bill for the fee, which bill must be paid upon receipt. The Commission Payment Floor is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Payment Floor.

If you are paid via check and you do not cash your check within 60 days and/or you do not keep a current/valid address in your affiliate admin personal information, all applicable bank charges and administration fees will be deducted from your commissions before a new check will be issued.

6. Reports of Sales.

You will receive your sales statistics by e-mail on a daily basis.

7. Policies and Pricing.

Customers who buy Product through the Affiliate Program will be deemed to be customers of Native Remedies LLC. Accordingly, all Native Remedies LLC rules, policies, and operating procedures concerning customer orders, customer service, and 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 Product sold under the Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your site, you may not include price information in your descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

8. Non-Exclusive Limited License and Use of Native Remedies LLC Logos and Trademarks.

We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively "Native Remedies LLC Marks"), solely for the purpose of selling Product on your site for Native Remedies LLC. You may not alter, modify or change the Native Remedies LLC Marks in any way. You are only entitled to use the Native Remedies LLC Marks to the extent you are a member, in good standing, of the Affiliate Program. You shall not make any specific use of any Native Remedies LLC Marks for purposes other than selling Product for Native Remedies LLC, without first submitting a sample of such use to us and obtaining our prior written consent. You agree not to use the Native Remedies LLC Marks in any manner that is disparaging or that otherwise portrays Native Remedies LLC in a negative light. We reserve all of our rights in the Native Remedies LLC Marks, and all other intellectual property rights. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. You shall obtain no rights in and to the Native Remedies LLC Marks.

The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.

9. Non-Exclusive Limited License and Use of Affiliates Logos and Trademarks.

You grant us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively the "Affiliate Marks"), and 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. Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs, or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of NativeRemedies.com and Native Remedies, LLC. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than Native Remedies LLC rankings for trademarks, sales marks, service marks, registered trademarks or registered URLs (or any variations or abbreviations of same) of Native Remedies LLC.

10. Publicity.

You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent.

11. Responsibility for Your Site.

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us 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), and that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.

12. Term of the Agreements.

The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement. Upon such notice, you agree to promptly destroy or return to Native Remedies LLC all artwork pertaining