Terms and Conditions

This agreement applies to your participation in our Go Green Affiliate Program ( The Good Box Microgreen Growing System). These terms are so important that we cannot accept your participation unless you agree to them.

We may update these terms or replace terms if the program changes. If we do this, we will let you know via email.

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EarthenMamma.com

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.

Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate. Before accepting an application, we may email you for additional information. If we do not notify you within (30) days of your application, your application is considered to be rejected. 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 that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “EarthenMamma” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethnically, or 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 implicitly, in a manner that resembles our website or design your website in a manner that leads customers to believe you are EarthenMamma.com or any other affiliated business.

Any pending balances you owe will not be paid if your account is terminated.

You are free to promote your own websites and social media, but naturally, any promotion that mentions EarthenMamma.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 EarthenMamma.com. For example, advertising, commonly called “spamming,” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include using unsolicited commercial email (UCE), postings to non-commercial 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, domain name, or return email address. You may use mailings to customers to promote EarthenMamma.com so long as the recipient is already a customer or subscriber of your services or website, and recipients can remove themselves from future mailings. Also, you may post to newsgroups to promote EarthenMamma.com so long as the news group specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent from EarthenMamma.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 Go Green Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.

Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as earthenmama.com, earthenmamma, www.earthenmamma, www.earthenmamma.com, 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 website before re-directing it to ours, will be considered trademark violators, and will be banned from the Go Green Affiliate Program. We will do everything possible to contact the affiliate before 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.

The Go Green Affiliate Program is currently only for The Good Box. We may add additional products in the future and will email affiliates when we do. Each time a successful sale is made with a unique affiliate code, the affiliate will receive a $20 credit.

Payments are made once a month using PayPal.

Tools and Resources

Please use the creatives and resources we provided in our Go Green Affiliate Program, which are available on your dashboard. We will continue to add to these regularly. If you need an Email swipe, please reach out, and we will create something for you. If you create any content to market The Good Box, it must include a true image of the box and our logo.

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 MERCHANT.COM’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.

You hereby agree to indemnify and hold harmless EarthenMamma.com, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners against any 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 another 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.

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 EarthenMamma.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement on Your Site or any other of Your Site that reasonably would contradict anything in this Section.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to its conflicts of laws and principles.