Terms & Conditions

This agreement is made out to you (the affiliate) from HealthyJava.com. It contains the complete terms and agreements of the affiliate program.
Please Note: "we", "us", and "our" refers to HealthyJava.com and "you", "yours", "your" refers to the applicant. The term of this agreement will begin once you are accepted into the HealthyJava.com affiliate program and will end upon notice of termination from either you or HealthyJava.com.

Rights and Restrictions

1.1 All affiliates are required to be of legal age to enter into a contractual agreement.
 

Cancellation

2. The affiliate account may be cancelled by HealthyJava.com at any time for any reason we feel appropriate. This is usually the result of slander, mis-representation made to us, spam e-mail used to promote the affiliate, posting HealthyJava.com links on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring HealthyJava.com disrepute, etc. An issued warning letter in the form of e-mail, fax or letter will be sent first. If no reparations have been made, then the affiliates account with HealthyJava.com will be terminated.
2.2 All affiliates may cancel their account with HealthyJava.com at any time and for any reason.
2.3 Affiliate accounts are transferable. We must receive a signed written request from current affiliate and upon our approval change will be made

International Affiliates

3. We welcome affiliates from the international community but payouts to international affiliates from HealthyJava.com will be made via Pay-Pal if you are unable to receive payments thru Pay-Pal, then we will be unable to pay you the commission earned and your account will be terminated. You can sign up for a free paypal account here: https://www.paypal.com/us/mrb/pal=3KQTEDPECWHM4

Payment

4. Monthly payout to the affiliate will accrue in their account until a minimum of $50.00 has been met. We will not make payments or reimbursements to affiliates for amounts under $50.00. This helps us manage over-head and accounting fees. All commission payouts will be mailed by the 30th of every month for the prior month(s).
4.2 The commission to the affiliates is based on a percentage of the subtotal for each order. You will not receive a commission on shipping charges.
4.3 Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, returns, disputed credit card charges, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified.
4.4 We will not be responsible for lost commissions due to improper coding or inoperative links.

Fraudulent Orders and Orders Outstanding

5. It is possible that we may receive an order that is ill legitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the commission. If this is to occur you will be notified.
5.1 HealthyJava.com currently has the option for a customer to choose a payment option titled "check/money order". This is a choice for customers who wish to pay by check and it is our policy to hold orders until the check or money order payment has reached our office. After 30 days of non-payment from a customer that has chosen this payment option we issue an e-mail giving the customer a chance to respond within 3 business days in regards to their order. If we do not hear from them their order is cancelled and the commission, which was awarded to the affiliate will be removed from the account.
 

Grant of License and Restricted Use

6. HealthyJava.com grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the HealthyJava.com website.
6.1 HealthyJava.com holds sole editorial discretion on how links are worded, or described on the affiliates site. HealthyJava.com is not responsible for the creation of the links, which may be posted on your site and will only be involved surrounding editorial review. You also agree to fully cooperate to work with HealthyJava.com to maintain and manage links.
6.2 All content on the affiliates website including links, banners, text, etc, leading to any or all content within the HealthyJava.com website is the sole responsibility of the affiliate. Because of the constantly changing nature of the HealthyJava.com website, we hold it to be the affiliates responsibility to update and manage their own links leading to the HealthyJava.com website. We are not responsible for alerting the affiliate or making recommendations on when we anticipate changing the links or directions to content on the HealthyJava.com website.
6.3 If HealthyJava.com believes that fraudulent activity has been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.

IRS Responsibilities

7. All affiliates are required to provide Social Security numbers or tax ID numbers at signup.
7.1 Once an affiliate has accrued over $600.00 dollars in commission payouts, we must request and receive the social security number of the affiliate who is receiving payments from HealthyJava.com. the IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a "contractor", this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.

Changes To This Agreement

8. HealthyJava.com may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.

Privacy

9. Your privacy is a major concern for HealthyJava.com. We will not sell, disperse, trade or otherwise decimate your account information to any organization outside of HealthyJava.com.

Warranty

10. HealthyJava.com does not make any guarantees on the ability of the affiliate programs ability to generate income for the affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.

Limitations of Liability

11. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL HealthyJava.com CUMULATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

Indemnification.

12.You agree to indemnify and hold harmless HealthyJava.com and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against HealthyJava.com based on or arising from any claim
12.1 That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or
12.2 Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by HealthyJava.com in connection with or arising from any such claim, suit, action, or proceeding.