Last Updated on Jul 11, 2024
As a (hereinafter referred to as “Deep Rooted Wellness”) Affiliate, you have the opportunity to earn money from (i) commissions for Deep Rooted Wellness accounts that you sell to other users, and (ii) bonuses when the people you sell to sell to others. This Agreement sets forth your rights and obligations as a Deep Rooted Wellness Affiliate. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will be bound by its terms.
PARTIES. All references to “Deep Rooted Wellness” herein mean and refer to , doing business as Deep Rooted Wellness, and ’s owner(s), parent company(ies), affiliate entities, and employees, and assigns, if any. All references to “you” and “your” mean and refer to that Deep Rooted Wellness Affiliate who has executed this Agreement by clicking “I Agree.” Deep Rooted Wellness and you are each referred to herein as a “Party,” and collectively as the “Parties.”
INDEPENDENT CONTRACTOR. you are an independent contractor of Deep Rooted Wellness. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Deep Rooted Wellness and you by virtue of this Affiliate Agreement.
TERM AND TERMINATION. your contract with Deep Rooted Wellness begins when you click “I Agree,” and will continue month-to-month until either:
Deep Rooted Wellness cancels your account due to your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to your breach, you forfeit all Commissions and Bonuses owed to you or that may in the future be owed to you.
or
Deep Rooted Wellness or its successors or assigns, in its sole and absolute discretion, cancels your Affiliate Agreement. In the event that Deep Rooted Wellness or its successors or assigns cancels your Affiliate Agreements, you will first receive thirty (30) days’ written notice, sent to the e-mail address you provided Deep Rooted Wellness and that is associated with your Affiliate profile.
COMPENSATION.
COMMISSIONS. After you click “I Agree” to the terms of this Agreement, you will receive a unique Affiliate URL, which you will use to advertise Deep Rooted Wellness. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Deep Rooted Wellness account by using your Affiliate Link, the Cookie on the
Prospect’s browser, corresponding to your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. you will be paid a commission for each account that generates a total of $50 per month in payout. The Commission amount varies by product that is outlined in your affiliate area. Commission payments will be made to you on or before forty-five (45) days following Deep Rooted Wellness’ receipt of payment for a Sold Account, subject to the other terms set forth herein.
TAXES. Before you can be paid any Commission or Bonuses, you must provide Deep Rooted Wellness a completed W-8 or W-9, as instructed by Deep Rooted Wellness. you will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to Deep Rooted Wellness. you are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses you receive from Deep Rooted Wellness. If you are not a resident of the United States, Deep Rooted Wellness may withhold tax (including without limitation VAT) where required to by applicable law. Where Deep Rooted Wellness is required to withhold tax, Deep Rooted Wellness will document such withholding.
MINIMUM COMMISSION AND BONUS PAYMENT. your combined commission and bonus amount must equal or exceed Fifty and 00/100 Dollars ($50.00) before you receive a payment from Deep Rooted Wellness . If your combined commissions and bonuses for a given month are less than $50.00, your commissions and bonuses will be held until your combined commissions and bonuses equals or exceeds $50.00.
COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between Deep Rooted Wellness and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by Deep Rooted Wellness , you will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to you for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from your future commissions. If Deep Rooted Wellness determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Deep Rooted Wellness after payment, such payment amounts shall be deducted from your future commissions and bonuses.
U.S. DOLLARS. All commissions are paid in US Dollars via PayPal or check.
MARKETING AND RECRUITING.
TRUTHFUL. Anything you communicate in marketing or advertising any Deep Rooted Wellness service or opportunity must be true and accurate. Claims that relate to any Deep Rooted Wellness service or opportunity that are untrue or fraudulent are strictly prohibited. you may not claim that any government, person, or entity endorses or supports Deep Rooted Wellness . you may not use the intellectual property of any other person or entity in advertising any Deep Rooted Wellness service or opportunity.
NON-DISPARAGEMENT. you are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of Deep Rooted Wellness .
INVENTORY LOADING/REBATES. you will not be paid any Commission or Bonus for payments made on your own User Account(s). you are not permitted to open a Deep Rooted Wellness account under the name of another person or entity, or under a fictitious name. you are not permitted to open a Deep Rooted Wellness account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. you may not pay for another person’s account. you are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and you agree to repay to Deep Rooted Wellness all Commissions and Bonuses earned as a result of any such violation.
INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a Deep Rooted Wellness Affiliate can make, or if you make reference to income you have made, or if you make reference to any lifestyle opportunities you have because of Deep Rooted Wellness , the following guidelines must be adhered to: your statements must be completely true and accurate and supported by evidence; If you use a hypothetical scenario, you must clearly label it as a hypothetical scenario; and your statements must be accompanied by the Deep Rooted Wellness earnings disclosure statement.
Deep Rooted Wellness ’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Deep Rooted Wellness Intellectual Property”) owned by Deep Rooted Wellness or any of Deep Rooted Wellness ’s affiliates may be used, copied, or reproduced by you except as set forth in writing by Deep Rooted Wellness . No Deep Rooted Wellness Intellectual Property (or any mark confusingly similar to any Deep Rooted Wellness Intellectual Property) is to be advertised, listed for sale, registered as a domain name, or otherwise displayed by you in any fashion, including, without limitation, on any Internet website.
RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. you grant Deep Rooted Wellness permission to use any and all photographs taken by Deep Rooted Wellness or its agents or employees, or submitted by you to Deep Rooted Wellness (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Deep Rooted Wellness or any product or service sold and marketed by Deep Rooted Wellness . you agree that this authorization to use Photographs may be assigned by Deep Rooted Wellness to any other party. you agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Deep Rooted Wellness ’ sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against Deep Rooted Wellness in exchange for this Release and Assignment. you hereby release and forever discharge Deep Rooted Wellness from any and all liability and from any damages you may suffer as a result of the use of the Photographs. you further acknowledge and agree that this Release is binding upon your heirs and assigns. you agree that this Release is irrevocable.
PROHIBITED ACTIVITY. Deep Rooted Wellness has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Deep Rooted Wellness’s reputation; and the violation of the rights of Deep Rooted Wellness or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Deep Rooted Wellness’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
INDEMNITY. you agree to protect, defend, indemnify and hold harmless Deep Rooted Wellness, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. your indemnity obligation includes, but is not limited to, any third-party claim against Deep Rooted Wellness for liability for payments for, damages caused by, or other liability relating to you.
NO WARRANTY; NO LEADS. Deep Rooted Wellness does not promise, guarantee or warrant your business success, income, or sales. you understand and acknowledge that Deep Rooted Wellness will not at any time provide sales leads or referrals to you. Additionally, Deep Rooted Wellness’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Deep Rooted Wellness MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Deep Rooted Wellness WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. Deep Rooted Wellness MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY Deep Rooted Wellness WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Deep Rooted Wellness WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY Deep Rooted Wellness’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Deep Rooted Wellness’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL Deep Rooted Wellness’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Deep Rooted Wellness OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
FORCE MAJEURE. Deep Rooted Wellness will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Deep Rooted Wellness. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Deep Rooted Wellness shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
ASSIGNMENT. Deep Rooted Wellness may assign its rights under this Agreement at any time, without notice to you. your rights arising under this Agreement cannot be assigned by without Deep Rooted Wellness’ or its assigns express written consent.
ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
ARBITRATION. Any claim or grievance of any kind, nature or description that you have against Deep Rooted Wellness including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Hillsborough County, Florida. you agree not to file suit against Deep Rooted Wellness or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and Deep Rooted Wellness. In the event that you and Deep Rooted Wellness are unable to reach agreement on an Arbitrator, you and Deep Rooted Wellness will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Hillsborough County, Florida. The arbitrators selected by you and Deep Rooted Wellness will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and Deep Rooted Wellness and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida without regard to any choice of law provisions.
WAIVER OF CLASS ACTION CLAIMS. you understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against Deep Rooted Wellness to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Deep Rooted Wellness may not be joined or consolidated with claims brought by anyone else.
LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
INJUNCTIVE RELIEF. Nothing in this Agreement prevents Deep Rooted Wellness from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Deep Rooted Wellness’ rights prior to, during, or following any arbitration proceeding.
ATTORNEYS’ FEES. you agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either your or Deep Rooted Wellness commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
ENTIRE AGREEMENT. This Agreement, along with Deep Rooted Wellness’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to your rights and responsibilities as a Deep Rooted Wellness Affiliate.
MODIFICATION/AMENDMENTS. This Agreement and Deep Rooted Wellness’ standard Terms and Conditions may be modified by Deep Rooted Wellness at any time, with or without prior notice to you. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on you when they are sent to you via e-mail, or are posted on . No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by Deep Rooted Wellness. your continued acceptance of Commission or Bonus payments constitutes your acceptance to any modifications or amendments to this Agreement.
NO WAIVER. No waiver by Deep Rooted Wellness of any right reserved or granted to Deep Rooted Wellness under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of Deep Rooted Wellness.
NOTICE. Any notice required to be given to Deep Rooted Wellness under or related to this Agreement shall be in writing, addressed as follows:
,
e-mail : [email protected]
Deep Rooted Wellness will send notices to you at the e-mail address you provided to Deep Rooted Wellness. Any notices shall be deemed delivered to you when sent by Deep Rooted Wellness. you are solely responsible for addressing any technical failures related to your e-mail address or server, and for reading any e-mail sent to you. Deep Rooted Wellness may also provide notice to you by posting information on .
SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.
Affiliate Promotion of Deep Rooted Wellness
Important Note
Anyone who signs up for a Deep Rooted Wellness account also automatically becomes an affiliate (we use the same email address for your affiliate account). you can access your affiliate dashboard from within your Deep Rooted Wellness account from My Account > Affiliate-area.
Required Forms
All affiliates need to fill out and sign completed forms for the United States Internal Revenue Service (IRS).
Please click the link below to complete your forms digitally.
https://www.irs.gov/pub/irs-pdf/fw9.pdf
Affiliate Payout
Thank you for choosing to promote Deep Rooted Wellness.
All affiliates need to fill out and sign completed forms for the United States Internal Revenue Service (IRS).
The link to complete this step can be found in the section above this one.
Commissions are paid after a 45 day “cooling off” period (due to potential refunds or cancellations).
The “Ready For Payout Today” commission summary line must be $50.00 or more at the time the commission report is generated.
Affiliate Payment Preferences must be set up in the affiliate account.
you may choose from Paypal (preferred) or Check.
Affiliate Accounts with Paypal as their payment option will have commissions paid monthly (on the 1st or 15th), with a minimum $50 threshold, after the cooling off period mentioned above
Affiliate Accounts with Check as their payment option will have commissions paid at the end of the month, provided they have a minimum $50 threshold, after the cooling off period mentioned above.
Affiliate Rules:
Deep Rooted Wellness Affiliate Promotion Rules
It is REQUIRED that every affiliate adhere to the HIGHEST POSSIBLE STANDARDS of Ethical & Legal Conduct during this promotion.
Tracking is Cookie based- last cookie gets credit for the sale. The Federal Trade Commission has recently more clearly defined best practices for affiliate marketers, and it is our position that all affiliates of Deep Rooted Wellness must use these guidelines and regulations as Standard Operating Procedure during their endorsement or promotion.
Step 1 – Download and Review the FTC Document for Endorsement Guidelines:
http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf
Step 2 – In addition to the FTC Guidelines, please observe the following Best Practices: When you promote, make sure you:
** Include your Affiliate Disclaimers and Disclosures. The bottom line is, if you make a sale via an affiliate link, it’s because you’re getting paid to do so – be honest about that. Include these disclaimers during email or advertising promotions.
** Include your relevant Privacy Policies on sites that you are promoting Deep Rooted Wellness with.
** Include your Terms of Service on sites that you are promoting Deep Rooted Wellness with.
** Include your Forward-Looking Earnings Statements on sites that you are promoting Deep Rooted Wellness with.
** DO NOT SPAM (Do NOT send JUNK or UNQUALIFIED TRAFFIC to this offer)
** Don’t TWITTER SPAM or Social Media Spam
** Don’t misrepresent yourself as a “typical result” or as a “typical customer” when you promote this offer
** Be transparent and authentic – We’ll treat your prospects with MASSIVE RESPECT!
Please review our full
NOTE:
There will be NO commission payments paid on PERSONAL USE Sales of the Product – meaning, if the only purpose in joining this affiliate program was to get a commission on a sale for Personal Use of Deep Rooted Wellness, that’s not cool. We do track and reconcile every sale – and in cases where an affiliate has a single sale to themselves, commission will NOT be paid on that sale.
Such activity is not fair to the affiliates who have promoted in good faith only to have one of their prospects join the affiliate program to get their own commission and cut the original affiliate out.
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