TERMS AND CONDITIONS OF
Elive Food AFFILIATE PROGRAM

Enrollment in the Elive Food (“Elive Food”) Affiliate Program is subject to the following terms and conditions:

1.    Obligations of the Parties:

• Affiliate shall have the opportunity to promote Elive Food and its products in accordance with the terms of this Agreement.
• Affiliate shall promote and market Elive Food products using only promotional materials supplied or approved by Elive Food. Promotional material (emails, landers, ads, social media posts) must be consistent with Elive Food’s branding and shall not be false or misleading.
• Affiliate shall direct potential purchasers of Elive Food products and programs to the dedicated links provided by Elive Food.
• The Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulation, including, without limitation, CAN-SPAM.
• Elive Food retains the right to refuse service to any person(s).

2.    Compensation:

Elive Food will pay commissions from the sale of Products as follows:

• Commissions of 10% net revenue are paid out to affiliates between 15 and 30 days from when the initial sale has been made. Payments are made on 15^th and 30^th of the month via Paypal.
• Unless otherwise explicitly stated, live physical events, membership programs, and external promotions are excluded from affiliate commissions.

^*   Net revenues means the revenues left after subtracting sales tax, shipping expenses and refunds. These are determined by Elive Food, at Elive Food’s sole discretion.

Commissions will be tracked via dedicated unique links provided by Elive Food. Each affiliate is required to use the link provided in advance of the promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commissions will be paid for revenue received net of refunds. Commissions will be paid within 30 days of the completion of any promoted launch – completion including the money-back return guarantee as well as the completion of any payment plans (where applicable).

All payment processing shall be performed by Elive Food. 

3.    Confidentiality:

• None of the parties hereto shall, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, knowledge or know-how. A party hereto shall divulge such information only to such of its employees, financial advisors and legal representatives, as must have access thereto in order to satisfy its obligations hereunder. All parties shall take all necessary precautions to ensure that their employees retain such information in confidence.

4.    Independent Contractors:

The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of Elive Food.

5.    Termination:

• Upon thirty (30) days prior written notice, either party may terminate this Agreement.
• Elive Food may terminate this agreement immediately, for cause, which shall include but not be limited to:
  • Conduct by Affiliate which detracts from the good reputation of Elive Food and Elive Food’s Products;
  • Complaints from consumers about Affiliate;
  • Misuse of the names or image of Elive Food products in a manner not consistent with the goals, branding and intent of Elive Food;
  • Any deviation by Affiliate from the highest standards of professional conduct; or
  • Affiliate’s breach of the terms of this Agreement.

6.    Integration:

This agreement sets forth all of the terms of Elive Food’s Affiliate program.

7.    Indemnification:

The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of Elive Food’s products.

8.    Choice of Law:

This Agreement shall be construed in accordance with the laws of the state of California. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.

For any questions, please contact us at:

Elive Food 

61416 29 Palms Hwy #135

Joshua Tree, CA 92252

CS@elivefood.com