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

  1. Obligations of the Parties:
    • a) Affiliate shall have the opportunity to promote the Food Revolution Network and its programs in accordance with the terms of this Agreement.
    • b) Affiliate shall promote and market our programs using only promotional materials supplied or approved by FRN. Promotional material (emails, landers, ads, social media posts) must be consistent with FRN’s branding and shall not be false or misleading.
    • c) Affiliate shall direct potential purchasers of FRN programs to the dedicated links provided by FRN.
    • d) The Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulation, including, without limitation, CAN-SPAM.
    • e) Affiliate recognizes that all referrals will be joining FRN’s list and will be a part of future FRN education and promotions.
  2. Compensation:
    FRN will pay commissions from the sale of Products as follows:

    • Eligible Digital programs:
      – Affiliates, 40% – Super Affiliates, 50% plus 10% second tier
    • Eligible Physical products:
      – Affiliates, 40% of net revenues* – Super Affiliates, 50% of net revenues* plus 10% second tier
    • Unless otherwise explicitly stated, live physical events, membership programs, and external promotions are excluded from affiliate commissions. Other products may or may not be eligible for affiliate commissions, depending on profit margin, overhead, and other factors at FRN’s discretion.
    • * Net revenues means the revenues left after subtracting for per-unit fulfillment costs including production, warehousing, shipping and handling. In the case of all physical products, these are determined by FRN, at FRN’s sole discretion, and are deducted from affiliate payment amounts. Commissions will be tracked via dedicated unique links provided by FRN.
    • Each affiliate and super 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 short-term returns. Commissions will be paid within 30 days of the completion of any promoted launch – completion including the end of the 60 day money-back return guarantee from initial time of purchase, as well as the completion of any payment plans (where applicable). All payment processing shall be performed by FRN. FRN reserves the right to change this Compensation arrangement from time-to-time and any changes shall be effective upon posting such changes on the FRN Affiliate Program site.
  3. Tracking:
    These are our current practices:

    • Our cookies are set to never expire.
    • We hard wire our affiliate tracking into ONTRAPORT, tied to user email address, so that data won’t be lost.
    • We pay out commissions to whoever is the last referral of record for the buyer, for all affiliate commission-payable products as recorded by ONTRAPORT. As a result, you may see some ongoing income from your referrals not just on a specific launch you promote, but on other commission-payable launches in the future.
    • When we run retargeting ads in a launch, they never replace the last referring affiliate. So we’ll actually spend ad money encouraging your referrals to participate in the launch – and if they make a purchase, you still get credit.
    • When FRN promotes unrelated future launches, unless we have specified otherwise, FRN may, in its discretion, opt to include its own affiliate link for launch opt-ins, which would overwrite previous affiliate referral credit (in the same way that any other new affiliate generating the contact would overwrite last referral), or to clear last referral data for a clean slate.
  4. Confidentiality:
    • a) 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.
    • b) 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 FRN.
  5. Termination:
    • a) Upon thirty (30) days prior written notice, either party may terminate this Agreement.
    • b) FRN 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 FRN and FRN’s Product;
      • Complaints from consumers about Affiliate;
      • Misuse of the names or image of speakers or faculty who appear in FRN programs in a manner not consistent with the goals, branding and intent of FRN and its programs;
      • Any deviation by Affiliate from the highest standards of professional and commercial conduct; or
      • Affiliate’s breach of the terms of this Agreement.
  6. This agreement sets forth all of the terms of FR’s Affiliate program
  7. 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 FRN’s programs.
  8. 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 by the American Arbitration Association in Santa Cruz, CA in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. 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.