TERMS OF AGREEMENT
Last updated April 5, 2019
The following is an agreement between Advansiv Gourmet Group, Inc, a Florida corporation at 3212 NW 64th St, Boca Raton, FL, hereinafter referred to as “AGG” and you, “THE AFFILIATE”. By participating in our affiliate program, you, the affiliate, agree to all terms found within this TERMS OF AGREEMENT and agree to be bound by these terms.
a. THE AFFILIATE or AFFILIATE. This is you, the person or company signing up for this affiliate program.
b. OUR STORES. This includes GourmetFoodStore.com, GourmetFoodWorld,com, SteaksAndGame.com and GourmetWholesaler.com.
c. REFERRED ORDER or REFERRED SALE. An order that was placed within 60 days of a customer visiting one of OUR STORES after having clicked on a properly formatted tracking link from THE AFFILIATE’s website, App, or social media account.
d. THE CUSTOMER. A person who places an order at one of OUR STORES.
2. COMMISSION STRUCTURE. The affiliate can earn a 10% commission on the product sales portion of all shipped orders that were the result of a REFERRED ORDER on stores GourmetFoodStore.com, GourmetFoodWorld.com and SteaksAndGame.com, and earn a 5% commission on the product sales portion of all shipped orders that were the result of a REFERRED ORDER to GourmetWholesaler.com.
3. LINK AND COMMISSION TRACKING. Once approved, THE AFFILIATE will be provided with URLs that include a reference code at the end of them that identifies THE AFFILIATE. These reference codes must be included properly on all links that go to OUR STORES or sales and commissions will not be tracked back to THE AFFILIATE. If THE AFFILIATE is unsure about whether their links are formatted properly, please reach out to AGG for confirmation. When a visitor clicks on a properly formatted link to one of OUR STORES, any resulting sales from that visitor over the next 60 days will be attributed to THE AFFILIATE. If a visitor clicks over properly to one of our stores, but then visits a second store, this will not be tracked. THE AFFILIATE must link to each of our stores individually to assure that a visitor is tracked properly. THE AFFILIATE will be provided with a unique tracking code to be used for each of OUR STORES.
4. EXCLUDED COMMISSIONS. Commissions are not provided on REFERRED ORDERS that are not successfully received by THE CUSTOMER because the customer had either canceled the order or refused the order at time of delivery. Commissions are not paid on the purchase of gift certificates on any of OUR STORES. If it is determined that a REFERRED ORDER is attributed to the purchase by a staff member of AGG, the resulting sales are excluded from commissions. Commissions are not paid on orders placed for yourself or for your business.
5. USE OF OUR CONTENT. The copying of any of our product or promotional content from OUR STORES to be used by THE AFFILIATE is strictly forbidden. THE AFFILIATE is encouraged to read our content and then develop their own unique copy for their site or promotional efforts. THE AFFILITE may use our product photography only if they adhere to the following conditions:
a. First, you must caption below the image in HTML text that the photo is courtesy of the store that you found it from and link to that store on the name – it’s fine for you include your affiliate code on that link. For example, if you had used a picture from GourmetFoodStore.com you would include text as:
Photo courtesy of GourmetFoodStore.com.
b. Second, you may not alter our images in any way without our prior consent.
c. Third, you cannot use our images on any website page where you are also promoting other companies without our prior consent or in a blog or social media post that is also promoting other companies.
6. PAYMENTS AND PAYOUTS. Accrued commissions will be paid out on a monthly basis as long as the total commission due is above $25. Payments can be made by check if THE AFFILIATE resides in the United States or via PayPal payment. If THE AFFILIATE resides in The United States or is a resident or citizen of the United States, THE AFFILIATE will be required to submit an IRS form W9 when THE AFFILIATE’S total commissions paid within a calendar year will exceed $500. When it is determined that commission payments in a calendar year will exceed $500, commission payments will be withheld until the properly completed form W9 has been received.
7. AGREEMENT UPDATES. Periodically, the terms of this agreement may be updated by AGG without advance warning to THE AFFILIATE. We will advise you if we do make updates. Once updates have been made, by continuing to be part of our Affiliate Program, you agree to be bound by these updated terms of agreement.
8. RIGHT OF REFUSAL TO PROGRAM. AGG reserves the full right to determine which applicants it allows into the Affiliate Program. There are many criteria that we use to determine who to allow and who to exclude, however this criteria and our reasons for exclusion may not be shared with you. Not all applications will be approved into the Affiliate Program.
9. TERMINATION OF AGREEMENT. At any point and for any reason AGG can decide to terminate this agreement, or it's agreement specifically with THE AFFILIATE. Upon being notified that we have terminated this agreement with you and have excluded you from our Affiliate Program, you agree to remove all links to OUR STORES from your website, App or social media account within 5 business days, as well as you agree to remove all of our Photography that you may be using within 5 business days.
PLEASE READ THIS CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Election for Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against AGG (or against any of our parent or affiliate companies) arising out of or relating to your use of The Affiliate Program will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us, or (c) the claim is in relation to your copyright infringement by improperly using our content or photography as noted within this document. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to AGGv by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Palm Beach County, Florida and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and AGG are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and AGG both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law – Florida
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your affiliation with AGG, and that we have not authorized any such projections, promises, or representations by others. There is no assurance that any prior successes or past results as to earnings or income will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings are not to be considered as “average earnings”.
AGG shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
AGG may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and AGG, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.