Affiliate Program Terms & Conditions

EcoCentricNow LLC Affiliate Program Terms and Conditions

By applying for and being accepted to our affiliate program, you agree to the following terms and conditions, which constitute a legal agreement between you and EcoCentricNow LLC. Acceptance into our affiliate program requires your acknowledgement by clicking our website Acceptance Button that you have read and agree to be bound by all program Terms and Conditions

The name of this affiliate program is the EcoCentricNow Affiliate Program (the “Affiliate Program”).

You represent and warrant to us that you have also read and understand the Privacy Policy presented on our website and agree to the terms set forth therein.

For purposes of this Agreement, the term “you” or “your” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program. The term “us”, “we” or ECN refers to EcoCentricNow LLC, the sponsor of the Affiliate Program. The term “our website” refers to the website we maintain at https://ecocentricnow.com. The term “your website” refers to the website on which you agree to place a link to the ECN website as specified in your application for affiliate membership. “Merchandise” means all products, merchandise and stock that is offered by ECN for sale through our website.

AFFILIATE PROGRAM REGISTRATION. To register for the Affiliate Program, you must complete and submit the Affiliate Program Application Form presented at https://ecocentricnow.com.

APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION. ECN reserves the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for our rejection of your application.

REASONS FOR REJECTION. Without limiting our right to reject any application, your application will be rejected if it is not complete, if your website contains images or content not acceptable to us or is inconsistent with the image we present, or if your website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if your site contains any material that appears to us to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

TERMINATION AFTER ACCEPTANCE. Even after affiliate program acceptance, we reserve the absolute right to rescind or terminate your affiliate status for any reason in our sole and absolute discretion, including but not limited to the reasons set forth above.

FINANCIAL RESPONSIBILIITES. You are responsible for all costs and expenses of maintaining and marketing your Affiliate Program participation, including but not limited to costs associated with the creation, hosting, modification, and improvements to your website, costs of search engine placement and other internet marketing costs of inserting our links into your website, offline marketing costs, postage costs, and all other costs and expenses, and you hereby hold ECN harmless from or against the same.

NO REPRESENTATIONS REGARDING INCOME POTENTIAL. We make no representations and warranties regarding potential income that may result from participation in our Affiliate Program, and we specifically disclaim all warranties relative to earning potential from your affiliate status.

RESPONSIBILITY TO LINK TO OUR SITE. As a Program Affiliate, you will have the obligation to place links on your site directing users to our site. We will make available marketing tools including links and banner advertisements to be placed on your website that will direct users to our website via hypertext link. As a Program Affiliate, you are given a limited term license, during the term of your active participation as a Program Affiliate, to utilize our logo images that we provide to you on the website that you designate in your Affiliate Program Application.

We make available to our Affiliates marketing content which advertises our site products. Its use is subject to the terms of this Agreement. These materials will contain our trademarks and other proprietary property. You may display these materials on your website for the purpose of promoting our site and participating in our Affiliate Program. If you discontinue the Affiliate Program or if your participation is terminated for any reason, you will immediately cease using these materials and will delete all such materials from your website and from your computer.

You are only permitted to use the links we provide you on the website you designate in the Affiliate Program Application. Any additional websites or entities will require additional submissions of the Affiliate Program Applications and approval by EcoCentricNow LLC.

You will not modify the links or other materials we provide you. You consent to our monitoring of your website to determine continued compliance with this Agreement.

You consent to allow ECN to track traffic from your site via standard tools including but not limited to Google services. This information may be provided to outside parties.

ECN is responsible for handling all customer inquiries, product orders, customer billing and collection, and product shipment presented to ECN through the links from your site. Pricing of our products and services is totally within our discretion and we reserve the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to you or users accessing our site. Our only responsibility to you in this regard is to track customer orders that occur through links from your website and report to you commissions due you as a result thereof. All such reports shall be un-audited. We have no obligation to provide you with any specific information relative to any customer, regardless of whether they access our site through the link from your site.

We are not responsible for the failure to assign any sale or commissions to you if the same results from the improper formatting of the link from your website. You should assure the link is appropriately formatted and report any problems you may have with the same to ECN.

Commissions will be paid to you based upon a percentage of sales made to users who access our site through your site. Commissions will be calculated based upon the gross sales price, excluding any shipping and handling, sales tax, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, and any other payment made to us that is not the product purchase price. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. We reserve the right to deduct in subsequent months commissions we paid for product subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to a reduction.

The percentages to be paid as commissions are presented on your Affiliate Dashboard. A base commission of 5% is standard. ECN reserves the right to change and amend commission rates to reward affiliate performance and/or promote sales and marketing campaigns.

Commissions will only be paid on sales tracked through our online tracking system and indicate your website’s link to our website as the source. There is no right to a commission if a user later returns to our site and makes a purchase through another link or source other than through your website. Commissions will only be tracked and paid when the user makes a purchase from the link to our site on your site.

We will pay commission only upon payment collected by us. You have no right to a commission until the applicable customer has paid in full. Only purchases that are made through our online ordering process will count towards your commission calculations.

Commissions will be paid to you monthly on or about the 15th day of the subsequent month for amounts received by us during the previous month. We do not guarantee an exact date of calculation of commissions or payments. All payments will be made via PayPal sent to the account supplied in the Affiliate Program Dashboard. We do not send payment if the total commission due is less than $50.00. Amounts below $50.00 will accrue to your account and payment will be made for the month when your total commissions achieve the minimum $50.00. We reserve the right to amend the minimum commission payment amount at any time.

All parties who make purchases through our website are deemed to be our customers and not your customers relative to our products and services. We have the right to contact these customers and send future marketing offers to them. All such customers and purchases are subject to our policies, procedures, rules and regulations and you have no right or authority to amend or offer any different offers relative to the purchase of products from our website. We reserve the right to amend any of our terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to our business and sale of products at any time.

We cannot guarantee product availability or the term of any price or special promotion or offer.

You will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that we provide to you for use solely on the website you designate in your Affiliate Program Application. You may only use the images we specifically make available to our Affiliate Members at the area of our web site that is specifically designated as approved images for Affiliate Program Members. You may not distribute, reproduce, modify, amend, these images in any way. You may use these images only for the purposes of promoting our website’s products on your website in compliance with the terms and conditions of this Agreement. You will only use such items in the form, size, content, and appearance that we provide to you. You are not permitted to modify them. You agree to display these items prominently on your website. These items may only be used if they contain a hypertext link to our website. This license shall immediately terminate upon your termination from the Affiliate Program. We may also terminate this license upon notice to you if your use of these items is contrary to or does not conform with our standards. You agree that we retain all rights, title, and interest in and to all such materials. We will retain all goodwill and other values associated with any of these materials. You will not gain any trademark, copyright, or other proprietary rights to such materials. You agree that you will not take any action that is contrary to or inconsistent with our rights to these materials. You will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to us or that paints us in a false or negative light. We may revoke the limited license granted hereunder at any time in writing to you. Upon termination or revocation, you will immediately cease using ECN marketing content.

You are not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to us or to any other party and which may appear on our website.

You grant to us a non-exclusive right and license to use your trademarks, tradenames, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing your participation in our Affiliate Program. You represent and warrant to us that no other party has any rights in and to any of these materials and that these materials do not infringe upon or otherwise interfere with the rights of any other party. You represent and warrant that you are the absolute, sole, and exclusive owner of all such materials and the owner of all trademark rights, copyrights, and other proprietary rights in and to the same. You represent that you have the right, power, and authority to license said materials to us as aforesaid and that you are not under any legal or contractual limitation on the right to license these materials. We have no obligation to announce, advertise, market, or promote your participation in our Affiliate Program, but reserve the right to do the same at our sole discretion.

You are responsible for all matters pertaining to your own website including its development, maintenance, operation and placing links on your site in compliance with the terms of the Affiliate Program. You are responsible for all items that appear on your site and for assuring that such items do not infringe upon or violate the rights of any other party. We are not responsible for any matter pertaining to your site or the content thereof and you hold us harmless and indemnify us from all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to your website and business. Such indemnity includes our costs and attorney fees in defending any such matter.

You hereby represent and warrant to us that you have the complete power and authority to enter into this Agreement and this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. Your entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule, or regulations, and is not in violation of any court or administrative order.

The effectiveness of this Agreement shall not commence until your Affiliate Program Application is accepted by ECN. The effectiveness hereof and binding effect shall occur upon our acceptance of your Affiliate Program Application. This Agreement shall remain in full force and effect until terminated by you or by us. Either of us may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via email to you at the Email address indicated in your Affiliate Program Application. Any and all notices to you via designated email shall be deemed to be effective notice to you for all purposes.

You will forfeit all right to receive past commissions that may have accrued to you if this Agreement is terminated because of your failure to comply with the terms of this Agreement or any policies and procedures of Affiliate Program that may be established and amended by us. If this Agreement is terminated for any other reason, you will have a right to receive your accrued commissions through the effective date of termination; provided your commissions due meets the minimum threshold of $50.00. We have the right to withhold final commission payments for sufficient time to assure the amount paid to you is accurate and not subject to later adjustment for returns or any other reason. If following final payment, we determine the dollar amount of paid commissions was too high, because of subsequent returns or any other adjustment or reason, the differential shall be a debt from you to us and we shall have all legal right to receive a refund of such overpaid commission from you.

We reserve the right to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to you. Notice of any changes may be given via email to you or by posting such changes in the Affiliate Program sections of our website. Such changes and modifications will take effect upon transmission of email or posting on our website. You may terminate participation in the Affiliate Program if any of these modifications are unacceptable to you and such termination shall be your sole and exclusive remedy. If you continue to participate in the Affiliate Program following such modifications, you will be deemed by your continued participation to accept all such changes.

WE HEREBY DISCLAIM ANY AND ALL WARRATNIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS OUR WEBSITE OR TO ACCESS OUR WEBSITE USING THE LINK FROM YOUR WEBSITE. FURTHERMORE, WE SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL WARRANTIES RELATED TO OUR WEBSITE, THE AFFILIATE PROGRAM, YOUR PARTICIPATIONS IN THE AFFILIATE PROGRAM, YOUR ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN OUR AFFILIATE PROGRAMS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON OUR COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ANY APPLICATION, INCLUSING BUT NOT LIMITED TO OUR LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.

WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES.

Without limiting the foregoing, our total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by us pursuant to the terms hereof.

If any information is disclosed to you through your participation in the Affiliate Program related in any way to our company and business which we deem to be confidential and proprietary, you agree to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for your own purposes. Confidential information will include any information regarding our changes or modifications to this Agreement or our Affiliate Program (which we shall have no obligation to make) or any special treatment that you may receive (which we reserve the right to provide to any affiliate). Confidential information shall also include all information related to our business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information which we consider to be confidential and proprietary.

You hereby indemnify and hold us, and all of our stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that we may incur and which are based in whole or in part upon your participation in the Affiliate Program, any claims that any of your trademarks and other proprietary material infringe upon the rights of any other party, your breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to your use, operation or the content of your website.

The terms of this Agreement or any dispute regarding this Agreement or the Affiliate Program shall be governed under the laws of the state of Delaware. This Agreement shall be deemed to have been entered in the State of Delaware. You submit to the jurisdiction of the courts of the state of Delaware and agree that any legal actions related hereto shall be in the courts of Sussex County, in the State of Delaware.

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent/servant. You have no power or authority to bind us to any obligation, agreement, debt, or liability. You shall not hold yourself out as an agent or representative of our company.

Notices to us shall be by certified mail, return receipt requested addressed to EcoCentricNow LLC, PO Box 1057, Ocean View, DE 19970, or such other address that we provide notice of to you via email or by posting the same on the Affiliates section of our website. Notices to you shall be by email addressed to the email address you provided in your Affiliate Program Application or by posting such notices on the Affiliate section of our website. It shall be your responsibility to check the Affiliate section of our website periodically to monitor all notices set forth thereon.

This Agreement is only for the benefit of the party that you list in the Affiliate Program Application. You have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.

This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions, understandings, agreements, representations, warranties, or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein.

YOU REPRESENT, WARRANT, ACKNWOLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.