BioCBD+ Affiliate Alliance

Affiliate partner program terms and conditions

These “biocbd+ Affiliate Alliance” Partner Program Terms and Conditions (hereinafter “Agreement”) are agreed to by the person or entity (“Partner” or “you”) whose name and address appears in the application (“Application”) and Evolved Ayurvedic Discoveries, Inc, (BioCBDPlus.com), its parent, subsidiaries, Partners, officers, directors, employees, agents and assigns, located at 510 30th St., #7525 Boulder, CO 80310 (hereinafter “BCBD”) to participate in the BCBD Partner Program (the “Program”), available through the Partner Program link on https://www.biocbdplus.com/affiliate-alliance.

As a participant in the Program, and subject to the terms specified herein, Partner will receive compensation for promoting the biocbd+ brand and products (the “Products”), by using approved, legal, and regulatory compliant sales marketing, and advertising messages (including, but not limited to, articles, press releases, videos, reviews, testimonials, emails, blogs, web sites, banner ads, text links, internet advertising, social media, and search engine optimization) (collectively, “Promotion”).

Affiliates are not permitted to represent BCBD products, or the brand in 3rd party ecommerce, or marketing without prior, and implicit approval. Affiliates may promote BioCBDPlus.com as detailed above, with marketing, advertising and other online content with the intention to send ‘online traffic’, ‘clicks’ or potential consumers viewing their Internet presence to the BioCBDPlus.com website to join our newsletter, view content, and purchase products.

  1. Term and Effectiveness. The Effective Date of this Agreement shall be the date that Partner electronically submits its Application to participate in the Program, provided that this Agreement shall become null and void if BCBD denies Partner’s Application for acceptance into the Program for any reason. Participation in the Program is subject to BCBD’s prior approval. BCBD reserves the right to refuse or revoke acceptance of any Partner in the Program at any time, with or without cause.  Partner is responsible for immediately updating any information provided to BCBD through Partner’s Application to ensure that BCBD’s records for Partner registration are in compliance with laws, whether federal, state, or local or by another country.
  2. Termination. BCBD may terminate this Agreement and Partner’s right to participate in the Program at any time, for any reason. Termination is effective upon date of notice. As of the date of termination, Partner will no longer be eligible to receive compensation from BCBD. Upon termination, Partner must discontinue use of all marketing materials provided to Partner by BCBD, and/or BCBD will disable any such Partner links and marketing materials.
  3. Intellectual Property. BCBD grants to Partner a non-exclusive and non-transferable right and limited license and/or sublicense solely to use the all trademarks and other intellectual property necessary for Partner to provide the services herein (the “IP”).
  4. This Agreement shall not be construed to give Partner any right, title or interest in any of the IP, but only to permit Partner to use them for the limited purposes set forth herein. Partner acknowledges that the IP and the goodwill associated therewith, whether currently existing or accruing in the future, are and shall remain the sole property of BCBD or its licensors and not Partner.  Partner acknowledges that the IP, and the goodwill associated therewith, whether currently existing or accruing in the future, are and shall remain the sole property of BCBD or its licensors, and not Partner.
  5. Partner shall provide BCBD with reasonable opportunities during the term hereof to inspect and monitor the activities of Partner and provide representative samples of its content, advertising, marketing and sales materials bearing the IP in order to ensure Partner’s use of the IP is in accordance with BCBD’s, or its licensor’s standards and instructions.
  6. The expiration or termination of this Agreement automatically terminates all licenses and sublicenses granted to Partner under this Agreement without further notice, and Partner agrees that upon any expiration or termination of this Agreement, Partner shall cease and desist from use of the IP in any manner.
  7. Compliance with Laws. Partner shall use, display, distribute, and/or transmit the content, marketing, advertising and any other mention of BCBD in compliance with all applicable laws, regulations, and guidelines, including without limitation the Controlled Substances Act, Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Drug Administration (FDA), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines. If Partner is selling Product to countries outside of the United States, then Partner represents and warrants to comply with all such applicable laws and regulations.
  8. Compliance with Policies. In addition to compliance with laws, Partner Promotion shall comply with and adhere solely to BCBD approved advertising creative and methods of sale and marketing.  Sales from Promotion that violate the terms of this Agreement, laws, or violate BCBD approved creative or sales and marketing methods will not receive compensation under this Agreement. Partner agrees to indemnify, defend and hold harmless BCBD from any lawsuits, investigations, claims, or complaints arising from such violation or alleged violation. BCBD shall not be responsible to approve any Promotion. Compliance is solely with Partner and Partner represents and warrants that it shall have legal review of all Promotion, for all necessary and required compliance. Partners represent and warrant that Partner shall not use cost-per-action, 3rd party ecommerce, or other Partner ad networks for the sale of BCBD Products or Services without BCBD approval.
  9. Requirements and Prohibitions. All Promotion created by Partner to promote BCBD products and services are subject to the following requirements and restrictions:
  10. Content, marketing and advertising must not include content that is deceptive, misleading, untruthful, unsubstantiated, or otherwise fails to comply with applicable federal and state consumer protection laws, regulations, and guidelines.
  11. Content, marketing and advertising must not include any claim regarding the efficacy of any BCBD product or services, or any ingredients contained therein.
  12. Content, marketing and advertising may not offer points, rewards, cash, prizes, contest entries, or other incentives to consumers in return for their response to any Promotion.
  13. Content, marketing and advertising must be fully functional at all levels, with no “under construction” sites or sections or blank pages.
  14. Content, marketing and advertising must not spawn process pop-ups or use any downloadable application.
  15. Content, marketing and advertising must not contain, promote, or have links to profanity, sexually explicit materials, hate material, libelous or defamatory material, degrading material, or material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or family status, or any other materials deemed unsuitable or harmful to the reputation of BCBD, in BCBD’s sole discretion.
  16. Content, marketing and advertising must not promote, tie to, or reference illegal activities including, without limitation, the promotion of gambling, illegal substances, software piracy, or hacking.
  17. Content, marketing and advertising must not be labeled as an “official site” or similar designation or include any other designation indicating the Promotion is an “official” advertisement or web site of BCBD or its products or services.
  18. Content, marketing and advertising must not infringe the personal rights, publicity rights, trademarks, copyrights, patent rights, service marks, trade dress, logos, publicity rights, or any other intellectual property right (collectively, “Marks”) of any third party.
  19. Content, marketing and advertising shall not use personal endorsements or infer endorsements of any person, famous or not, without written approval from such person.
  20. Partner shall not use false news sites, false blogs, false review pages or similar misleading sites to create buzz or establish Promotion.
  21. Content, marketing and advertising must not use the Marks of Advertiser (without Advertiser’s prior written consent) or any other third party (i) within the text, graphics or other content of any Promotion; (ii) as a search term, keyword, and/or metatag, including in the title, body, and URL or search engine results; (iii) as a keyword on any search engine; (iv) as a metatag, in keyword stuffing or in other hidden layers on any web site; or (v) to drive organic search results.
  22. Content, marketing and advertising must not promote activities generally understood as Internet abuse, including but not limited to, the sending of unsolicited bulk electronic mail.
  23. Content, marketing and advertising must not be a communication to a wireless device by text messaging in any form.
  24. Content, marketing and advertising must not constitute advertising via facsimile or telemarketing (including, without limitation, by use of prerecorded or artificial voice messages).
  25. Content, marketing and advertising must not include any “worm,” “virus” or other device that could impair or injure any person, entity, or equipment.
  26. Content, marketing and advertising must not make claims about health or medical benefits in reference to BCBD products. Click here for the FTC guidelines about making claims, and here for the BioCBD+ Affiliate Alliance FAQ
  27. Email Promotion Campaigns. If Partner distributes Promotion by email, Partner shall:
  28. Remove from the transmission list any email address associated with any person who has previously requested not to receive commercial email solicitations from the “Sender” of the message, as that term is defined by the CAN-SPAM Act;
  29. Remove from the transmission list any email address associated with a wireless domain name, as listed on the then-current list of wireless domains maintained by the Federal Communications Commission;
  30. Ensure that each email message includes (i) clear and conspicuous notice of the recipient’s right to opt-out of receiving future commercial messages from the Sender; and (ii) a functional electronic mechanism that the recipient can use to make such an opt-out request, in compliance with the requirements of the CAN-SPAM Act and Federal Trade Commission regulations and guidelines implementing the CAN-SPAM Act; and
  31. Ensure that “subject” and “from” lines used in any email communications are truthful and non-misleading and do not otherwise violate the CAN-SPAM Act or any other federal and state consumer protection laws and regulations and do not infringe on the intellectual property rights of any third party.
  32. Compliance Monitoring. BCBD audits every Partner’s Promotion on a regular basis. Notwithstanding the foregoing, BCBD has no obligation to monitor Partner Promotion and is not responsible for Partner’s failure to comply with this Agreement. Partners that BCBD determines, in its sole discretion, are in violation of this Agreement, will have their account permanently removed from the Program and will not be compensated.
  33. Compensation.
  34. BCBD calculates Commission due to Partners once per month, for sales made from the 1st to the end of the month (each period, a “Reporting Period”). BCBD will make every effort to pay you the Commission due for a Reporting Period within 45 days following the end of the Reporting Period; however, BCBD is not bound to make payments by this deadline. If you have questions about transactions eligible for Commission or dispute BCBD’s reports regarding sales eligible for Commission, you must contact BCBD at Affiliates@BioCBDplus.com within seven (7) business days following the end of the Reporting Period. BCBD will work with you in good faith to resolve any such dispute; however, BCBD shall have the authority to make the final determination, in BCBD’s sole discretion, as to the resolution of all disputes. Unless otherwise arranged with BCBD and confirmed in writing, payments to you will be made via direct deposit to the banking account you have on file with BCBD.
  35. IMPORTANT NOTICE FOR ALL UNITED STATES CITIZENS:

We only pay commissions via bill.com and you, as a U.S. company or citizen, must complete a U.S. W-9 Tax Form before receiving any commissions. Foreign companies or entities must comply with all U.S. laws, regulations, and requirements, including trade restrictions. Export of any product is at Partners sole risk.  Partner must comply with all laws, including but not limited to U.S. and applicable foreign laws, related to trade compliance, licensing, labeling, and sales and marketing. Partner will defend, indemnify and hold harmless BCBD from any violation or claim of violation of such laws, regulations, or requirements.

Product Pricing, Sales, & Compensation

Product Pricing – Product Pricing is set via the BCBD website. The Partner hereby acknowledges that the affiliate rate is available only because the Affiliate agrees to resell at a price not lower than the minimum price as set forth by Company. Failure to comply with this requirement is a material breach of this agreement.

BCBD reserves the right to make changes to product offerings at any time. Partners will be notified of decisions to alter product offerings in any way, including but not limited to inventory shortages.

Prices are listed in Exhibit A

Sales Tracking & Reporting – BCBD will track and report on all sales via BCBD affiliate tracking software connected to BCBD’s website. Partner sends traffic to BCBD website and BCBD converts traffic into sales. All BCBD partners will be given tracking links. A sale is constituted when traffic comes to BCBD website via the traffic link and makes a purchase. BCBD affiliate tracking software will track and attach the sale to the proper BCBD partner. BCBD partners will receive a report for any sales generated, and will receive a report with their payout. Partners with no sales will not receive a report.

Partner Compensation – Upon a partner’s acceptance into the BCBD affiliate program, each partner will be asked to provide a username and password. This username and password will grant partners access to an affiliate area where sales can be tracked. Partners will be compensated 45 days after the close of a full sales month. Payment will include all funds accrued during the closing month. Payments will be made to the partner’s selected account via PayPal.

Use of Sub-Partners.

    1. Partner shall not broker or resell Promotion, or otherwise engage or arrange for other parties (“Sub-Partners”) to distribute Promotion without express written permission from BCBD, which may be withheld for any reason or no reason at all. Partner’s failure to comply with the preceding provision will result in (a) Partner automatically forfeiting the right and claim to any revenue generated for its account, (b) immediate termination of Partner’s participation in the Program, and (c) sole liability to BCBD for all damages related to such breach.
    2. If BCBD approves Partner’s use of Sub-Partners, Partner (a) must require each Sub-Partner to agree in writing to terms and conditions substantially similar to the Compliance Requirements set forth in this Agreement, and (b) remains solely responsible and liable to BCBD for all of the actions (or failure to act) of any such Sub-Partner or any other parties working with, for, or under such Sub-Partner. Partner must keep records of all Sub-Partners and Promotion distributed by Sub-Partners during the term that this Agreement remains effective and for a period of at least two (2) years thereafter. Partner must immediately comply with any demand by BCBD to terminate any Sub-Partner from distributing Promotion.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY. BCBD PROVIDES THE PROGRAM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BCBD MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. BCBD DOES NOT WARRANT OR GUARANTEE SALES, CONVERSION RATES, COMMISSION RATES, AD RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. ALL SERVICES ARE CONTINGENT UPON BCBD’S ABILITY TO PROCURE NECESSARY ON-LINE AND OTHER COMMUNICATIONS ACCESS AND BCBD IS NOT RESPONSIBLE FOR DELAYS CAUSED BY FORCE MAJEURE SUCH AS ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. BCBD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL BCBD BE LIABLE TO PARTNER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. BCBD SHALL NOT IN ANY EVENT BE LIABLE TO PARTNER FOR MORE THAN THE AMOUNT PAID TO PARTNER HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST BCBD MORE THAN ONE YEAR AFTER THE DATE OF THE EVENT THAT GAVE RISE TO THE ACTION, SUIT, OR PROCEEDING.

  1. Indemnification.  Partner hereby agrees to indemnify, defend, and hold harmless BCBD from and against all claims, causes of action, suits, liabilities, damages, costs, expenses and fees (including attorneys’ fees) arising out of or related to: (a) a claim for libel, defamation, violation of rights of privacy or publicity, intellectual property infringement or misappropriation, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with Partner’s Promotion; (b) any material breach by Partner of any provision of this Agreement or any misrepresentation of Partner hereunder; (c) any inaccuracies or omissions contained in Partner’s Application, (d) violation, alleged violation, claim or investigation under any applicable law, or (e) any acts or omissions of any Sub-Partner or any other parties working with or under such Sub-Partner related to this Agreement (as applicable). BCBD shall have the right to participate fully, at its own expense, in the defense of any action for which indemnity is sought. If a dispute arises over whether BCBD is so entitled to indemnification, then BCBD shall be free, without prejudice to any of BCBD rights hereunder, to compromise and defend such action. Any compromise or settlement of any action for which indemnity is sought shall require the prior written consent of both parties hereunder; such consent will not be unreasonably withheld or delayed.
  2. Relationship of Parties.  For purposes of this Agreement, each party shall be and act as an independent contractor. This Agreement does not constitute, create, or give effect to any employer/employee or franchiser/franchisee relationship, nor any joint venture, partnership, limited partnership, or agency among the parties, and the parties hereby acknowledge that no other facts of relations exist that would constitute, create, or give to effect any such relationship between them. Neither party has any right or authority to assume or create any obligation or responsibility on behalf of the other party except as may from time to time be provided otherwise by written agreement signed by both parties.
  3. Miscellaneous Provisions.
  4. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their subsidiaries, and their respective successors and assigns, provided that neither party may assign any of its rights or privileges hereunder without the prior written consent of the other party except to a successor in ownership (for example, by merger or acquisition) of all or substantially all of the assets of the assigning party, and which successor shall expressly assume in writing the performance of all the terms and conditions of this Agreement to be performed by the assigning party. Any attempt at assignment in derogation of the foregoing shall be held null and void.
  5. Mutual Representations. Each party represents and warrants that it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereunder, and each party has obtained all licenses, authorizations, consents or permits required to perform its obligations under this Agreement and to conduct its business.
  6. Severability. If any provision of this Agreement is held to be ineffective, unenforceable or illegal for any reason, such decision shall not affect the validity of any or all of the remaining portions thereof.
  7. Entire Agreement; No Waiver. This Agreement constitutes the entire agreement and supersedes all prior agreements of the parties with respect to the transactions set forth herein. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
  8. Governing Law. This Agreement will be governed by and construed under the laws of the State of California without regard to the conflicts of law provisions thereof. Any action relating to this Agreement must be brought in a court of competent jurisdiction in the State of California, and Partner irrevocably consents to the jurisdiction of such courts.
  9. Confidentiality. Each party acknowledges that it will not disclose the confidential information of the other party, except to its employees and professional advisors and except as required by law.
  10. Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter. Applicable sections shall survive expiration or early termination of this Agreement. BCBD reserves the right to change any condition of this Agreement at any time, in which case notification may be provided to Partners but is not required. Partner is responsible for checking for updates to this Agreement regularly. Partner’s continued use of or participation in the Program after any such updates are posted constitutes Partner’s consent and agreement to the changes.
  11. Disputes. Partner acknowledges and accepts and provides BCBD the sole discretion to resolve any dispute between Partner and BCBD. Such decision shall be final and binding. Partner agrees to be bound by the decision of BCBD.
  12. Notices. All notices to be sent to: Evolved Ayurvedic Discoveries, Inc., 510 30th St., #7525 Boulder, CO 80310 Attn: Affiliate Department or by email to Affiliates@BioCBDplus.com.
  13. Authority. Partner represents and warrants that the person accepting these Terms and Conditions has the authority to bind Partner.

    These Terms and Conditions are agreed to and entered into upon Partner’s acceptance. By submitting your affiliate application, Partner agrees and will be legally bound by these Terms and Conditions.

Exhibit A

Total Body Care – $99.00

Muscle & Joint Relief Topical Oil – $65.00

Organic CBD Gummies – $49.00