Terms of Use and Privacy Statement
WELCOME Our affiliates are very important to us. We do our best to treat you with the fairness
and respect you deserve. We simply ask the same consideration from you.
The following affiliate agreement has been written with that in mind. Let’s get through the legal
formality before we start earning and having fun together!
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR
RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ROOTED IN, LLC.
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU
HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH
AND EVERY TERM AND CONDITION.
1. Overview This Agreement contains the complete terms and conditions that apply to you
becoming an affiliate in BEROOTEDIN.COM's Affiliate Program. The purpose of this
Agreement is to allow HTML linking between your web site and social media and
berootedin.com. Please note that throughout this Agreement, "we," "us," and "our" refer to
berootedin.com, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at
https://berootedin.com/affiliate-registration/. The fact that we auto-approve applications does not
imply that we may not re-evaluate your application at a later time. We may reject your
application at our sole discretion. We may cancel your application if we determine that your site
is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright,
trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Rooted In" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or
racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other
affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate,
explicitly or implied in a manner which resembles our website nor design your website in a
manner which leads customers to believe you are berootedin.com or any other affiliated
business.
2.2. As a member of berootedin.com's Affiliate Program, you will have access to banner
creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately
keep track of all guest visits from your site to ours, you must use the HTML code that we
provide for each banner, text link, or other affiliate link we provide you with.
2.3. Berootedin.com reserves the right, at any time, to review your placement and approve the
use of your links and require that you change the placement or use to comply with the guidelines
provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor
your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes
that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws
that pertain to your site. You must have express permission to use any person's copyrighted
material, whether it be a writing, an image, or any other copyrightable work. We will not be
responsible (and you will be solely responsible) if you use another person's copyrighted material
or other intellectual property in violation of the law or any third party rights.
3. Berootedin.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the
terms and conditions of this Agreement. We may notify you of any changes to your site that we
feel should be made, or to make sure that your links to our web site are appropriate and to notify
you further of any changes that we feel should be made. If you do not make the changes to your
site that we feel are necessary, we reserve the right to terminate your participation in the
Berootedin.com Affiliate Program.
3.2. Rooted In reserves the right to terminate this Agreement and your participation in the
Berootedin.com Affiliate Program immediately and without notice to you should you commit
fraud in your use of the Berootedin.com Affiliate Program or should you abuse this program in
any way. If such fraud or abuse is detected, Rooted In shall not be liable to you for any
commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will
continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the
other party written notice. Written notice can be in the form of mail, email or fax. In addition,
this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole
discretion. In such event, you will be notified by email. Modifications may include, but are not
limited to, changes in the payment procedures and Berootedin.com's Affiliate Program rules. If
any modification is unacceptable to you, your only option is to end this Agreement. Your
continued participation in Berootedin.com's Affiliate Program following the posting of the
change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
Rooted In uses a third party to handle all of the tracking and payment. The third party is the Affiliatly network. Kindly review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter the secure affiliate account interface on
Berootedin.com. From our site you will be able to receive your reports that will describe our
calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions
Berootedin.com could be perceived by the public or the press as a joint effort. You should know
that certain forms of advertising are always prohibited by Berootedin.com. For example,
advertising commonly referred to as "spamming" is unacceptable to us and could cause damage
to our name. Other generally prohibited forms of advertising include the use of unsolicited
commercial email (UCE), postings to noncommercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, you may not advertise in any way that effectively conceals or
misrepresents your identity, your domain name, or your return email address. You may use
mailings to customers to promote Berootedin.com so long as the recipient is already a customer
or subscriber of your services or web site, and recipients have the option to remove themselves
from future mailings. Also, you may post to newsgroups to promote Berootedin.com so long as
the news group welcomes commercial messages. At all times, you must clearly represent
yourself and your web sites as independent from Berootedin.com. If it comes to our attention that
you are spamming, we will consider that cause for immediate termination of this Agreement and
your participation in the Berootedin.com Affiliate Program. Any pending balances owed to you
will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on
keywords such as Berootedin.com or Rooted In and/or any misspellings or similar alterations of
these – be it separately or in combination with other keywords – and do not direct the traffic
from such campaigns to their own website prior to re-directing it to ours, will be considered
trademark violators, and will be banned from Rooted In Affiliate Program. We will do
everything possible to contact the affiliate prior to the ban. However, we reserve the right to
expel any trademark violator from our affiliate program without prior notice, and on the first
occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long
as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in
Rooted In’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic
Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,”
“Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the
consumer clicks on a qualifying link until such time as the consumer has fully exited Rooted In’s
site (i.e., no page from our site or any Berootedin.com content or branding is visible on the enduser’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an
application that (a) through accidental or direct intent causes the overwriting of affiliate and non
affiliate commission tracking cookies through any other means than a customer initiated click on
a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an
installed software, thereby causing, pop ups, commission tracking cookies to be put in place or
other commission tracking cookies to be overwritten where a user would under normal
circumstances have arrived at the same destination through the results given by the search
(search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and
similar search or directory engines); (c) set commission tracking cookies through loading of
Rooted In’s site in . s, hidden links and automatic pop ups that open Berootedin.com’s site;
(d) targets text on web sites, other than those web sites 100% owned by the application owner,
for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate
banners with any other banners, other than those that are on websites 100% owned by the owner
of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site
through HTML links solely in accordance with the terms of this Agreement and (ii) solely in
connection with such links, to use our logos, trade names, trademarks, and similar identifying
material (collectively, the "Licensed Materials") that we provide to you or authorize for such
purpose. You are only entitled to use the Licensed Materials to the extent that you are a member
in good standing of Berootedin.com's Affiliate Program. You agree that all uses of the Licensed
Materials will be on behalf of Berootedin.com and the good will associated therewith will inure
to the sole benefit of Berootedin.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is
disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each
party reserves all of its respective rights in the proprietary materials covered by this license.
Other than the license granted in this Agreement, each party retains all right, title, and interest to
its respective rights and no right, title, or interest is transferred to the other.
10. Disclaimer
ROOTED IN MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING BEROOTEDIN.COM SERVICE AND WEB SITE OR THE
PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF
BEROOTEDIN.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN
ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR
THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes
your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and
conditions of this Agreement and to perform your obligations under this Agreement, without the
approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this
Agreement.
12. Limitations of Liability
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
ROOTED IN’S CUMULATIVE 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.
13. Indemnification
You hereby agree to indemnify and hold harmless Berootedin.com, and its subsidiaries and
affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and
other owners, against any and all claims, actions, demands, liabilities, losses, damages,
judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of
the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect
thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes
on any trademark, trade name, service mark, copyright, license, intellectual property, or other
proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or
breach of a covenant and agreement made by you herein, or (iii) any claim related to your site,
including, without limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and
customer information, disclosed by one party to the other during negotiation or the effective term
of this Agreement which is marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or disclose such proprietary
information of the other party without express written permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative, or employment
relationship between you and Berootedin.com. You will have no authority to make or accept any
offers or representations on our behalf. You will not make any statement, whether on Your Site
or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except
to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Florida without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed
by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede
all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and
shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision
shall be eliminated or limited to the minimum extent necessary such that the intent of the parties
is effectuated, and the remainder of this agreement shall have full force and effect.