Recipost Affiliate Agreement

This Affiliate Marketing Program Agreement (the “Agreement”) contains the terms and conditions that apply to your participation in the Recipost affiliate marketing program (the “Program”).

By participating in the Program, you represent that you (“Reciposter” or “you” or “your”) have read, fully understand and agree to the terms of this Agreement with Recipost LLC (“Recipost” or “we” or “us” or “our”). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to these terms, do not participate in the Program.

  1. Profit Sharing – “You make money when we make money”

During the term of this Agreement Recipost shall pay you a portion of profit received due resulting from sales of Recipost products when customers use the links, graphics, banners or other promotional materials provided by Recipost (“Promotional Materials”) on Your Website (“Profit Sharing”). For a sale to generate Profit Sharing, the customer must complete the order form and remit full payment to Recipost for the product through Recipost’s order system. The Reciposter will receive profit on their provided recipes regardless of the source of the traffic. Properly coded Promotional Material and links are your sole responsibility. The amount of the Profit Sharing will vary due to various factors such as sales price, cost of goods sold, geography, shipping costs, refunds and more.

Profit Sharing shall be paid based on the current information you provide Recipost. Please notify us promptly of any change in payment method by updating your information with us via email communication with your Recipost representative. You are responsible for keeping your information valid and up to date. Recipost cannot be held liable for any error in payment due to the information you provide.

Recipost is not responsible for any third-party fees charged by PayPal, banks or other financial institutes used to receive Profit Sharing.

The minimum amount of a Profit Sharing payment from Recipost shall be $100.00. Recipost will not issue Profit Sharing under this amount and reserves the right to hold payment until Profit Sharing accumulates to the minimum amount. Recipost will make payments approximately every 30 days.

In compliance with U.S. laws, Recipost will issue a Form 1099 to you if you meet or exceed the applicable threshold.

  1. Blogger Trademarks, Advertising and Revenue - “This section is to protect you”

You maintain any and all rights on your recipes. You maintain all ad revenue, sponsored posts, or any other form of monetization as a result of your blog separate from the Recipost Profit Sharing terms and this Agreement. You are allowed to enter into any other form of affiliate marketing partnerships at any time without any requirement to notify Recipost. Recipost does not dictate, control or have any authority of social media or blog posts. Recipost has no ownership or interest in your website except for Promotional Materials and Trademarks used.

  1. Intellectual Property – “Be nice to our brand”

Recipost retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in such property. Upon acceptance into the Program, Recipost grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of Recipost during the term of this Agreement solely to use in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between Recipost and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or goodwill associated with the Trademarks. Except for the limited license provided in this Agreement, Recipost reserves all rights in and to the Trademarks and goodwill associated therewith. Your right to use the Trademarks will terminate immediately if you violate any of the terms of this Agreement.

  1. Relationship of Parties – “You don’t work for Recipost”

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Recipost and you. You shall provide services to Recipost as an independent contractor. You shall have no authority to bind Recipost to any agreement, nor shall you be considered to be an agent of Recipost in any respect.

  1. Website – “Can’t have any bad stuff on your website”

Your participating blog(s) or website(s) (“Your Website”) may not infringe on our or anyone else’s intellectual property, publicity, privacy or other rights, violate any law, rule or regulation. Your Website also may not contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, contain nudity, pornography, or sexually explicit materials, contain any viruses, Trojan horses, worms, or other programs that are intended to damage, interfere with, or tamper with any system, data or personal information. You website may not contain software or technology that attempts to intercept, divert, or redirect internet traffic to or from any other website that potentially allows or enables the diversion of affiliate commissions from another website. We suggest educating yourself on the FTC’s disclosure rules regarding endorsements. A proposed disclosure for your website is attached hereto as Exhibit A.

  1. Termination - “Either side can end the agreement any time”

Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to you pursuant to this Agreement and the Program shall cease and you shall use your best efforts to immediately remove all codes, references, trademarks and links on Your Website regarding Recipost. The Reciposter will be paid out any accrued earnings upon termination. Notice of termination must be made in writing by electronic mail to the e-mail address provided by your designated Recipost representative. Should Recipost choose to terminate, we will notify you via the email address provided by you.

  1. Modification – “We might make updates”

We reserve the right to make changes to our site, policies, and this agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Recipost will make a new copy of the Terms available upon request. Reciposters understand and agree that if they continue to participate in the Program after the date on which the Terms have changed, they are deemed to have affirmatively accepted the updated terms.

  1. Sub-Affiliate - “No pyramid schemes”

You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run or create a sub-affiliate program. You may only use the Promotional Materials to promote the Recipost website and services and for linking to the Recipost site. You shall only use such links to the Recipost Site as are provided to you by Recipost.

  1. General – “Some housekeeping items”
    1. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
    2. Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Recipost, and any attempted assignment without such consent shall be void.
    3. Jurisdiction. This Agreement is governed by the laws of the State of Texas, without regard to its choice of law principles. You hereby irrevocably consent to jurisdiction of the state and federal courts located in Dallas County, Texas with respect to any proceeding regarding this Agreement. You will not prosecute any action suit, proceeding or claim arising under or by reason of this Agreement except in such courts.
    4. Entire Agreement. This Agreement sets forth our entire agreement with respect to your participation in the Program.

Disclaimer and Indemnity – “We don’t want to get sued”

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, RECIPOST DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE RECIPOST SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE RECIPOST WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED OR THAT THE RECIPOST SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL RECIPOST BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLOARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL INDEMNITY AND HOLD HARMLESS RECIPOST FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT, INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE, RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT.  IN NO EVENT SHALL RECIPOST’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL PROFIT SHARING PAID TO YOU UNDER THIS AGREEMENT. RECIPOST DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM.

 

Here is a sample advertising policy that you may use if you like.

EXHIBIT A

(Blogger) Advertising Policy

(You/Blog) is part of an affiliate sales network. This means that many of the companies’ and brands’ products you see listed on this site pay us referral fees/commissions/revenue sharing for sending them customers for products of theirs.

When you click to view and/or purchase products or services using the links that you find on this site, we receive compensation from the company or brand of the product or service. Being a part of this network makes it possible to maintain this site for its loyal readers.

Opinions presented on the site are those of (You), or writers associated with (Blog) who at times may post their own opinions.

(Blog) greatly appreciates it when you choose to use our links for products we support, but cannot support all products. Below is a list of companies who offer products and/or services that we have affiliate links for: