This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Sensi Seed Bank Affiliate Program (hereafter referred to as '(the) Program').
As used in this Agreement, 'we' refers to the Sensi Seed Bank, and 'you' refers to the applicant.
'Site' means a World Wide Web site and, depending on the context, refers either to the Sensi Seed Bank site, located at the URL www.sensiseeds.com, or to the site(s) identified in your Program application, which you will link to sensiseeds.com.
1. Enrolment in the Program
To begin the enrolment process, you will submit a complete Program application via our site. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application at any time if we determine (at our sole discretion) that your site is unsuitable for the Program.
Unsuitable sites include those that:
Affiliates who advertise for the Sensi Seed Bank on other websites than their own should not use our company name or the company name of any of other cannabis business doing so. By example; Your application will not be accepted if you will use one of the keywords 'Sensi Seeds', 'Nirvana Seeds', 'Soma Seeds', 'Grass City', etc. in a Google add words campaign.
- contain or promote sexually explicit material
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote illegal activities
- include 'Sensi Seeds' or variations, analogues or misspellings thereof in their domain names
- violate intellectual property rights
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
2. Links on Your Site
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special 'tagged' link formats to be used in all links between your site and our site. You must ensure that every link between your site and our site properly utilizes these special link formats.
Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as 'Special Links.' You will earn referral fees only with respect to transactions on our site occurring through Special Links; Sensi will not be liable for any failure on your part to implement or utilize special links, even in the event that such failure results in the reduction of referral fees that would otherwise be paid to you pursuant to this Agreement.
You acknowledge that, by participating in the Program and placing Special Links to sensiseeds.com within your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Sensi Seed Bank Affiliate Program constitutes your specific and unconditional authorisation of the Sensi Seed Bank's access to, receipt, storage, use, and disclosure of any and all such information.
3. Order Processing
- We will process product orders placed by customers who follow Special Links from your site to sensiseeds.com.
- We reserve the right to reject orders that do not comply with any requirements established by Sensi Seeds now or in the future.
- We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service.
- Sensi will track all relevant details of transactions made by customers who have been brought to sensiseeds.com by following Special Links from your site and we will issue reports summarising this sales activity.
- The form, content, and frequency of the reports may vary from time to time, at our discretion.
4. Referral Fees
- We will pay you referral fees in accordance with Sections 5 and 6 below.
- For a sale to be eligible to earn a referral fee, the customer must have clicked a Special Link to navigate from your site to our site at some time within a two week period prior to making the purchase on sensiseeds.com .
- We will only pay referral fees after the order, payment and shipping have occurred.
- Credit Card, Cash and Bank Payments will all be eligible for Affiliate payments.
- You may not purchase products through the Special Links on your site for your own use, for resale or commercial use of any kind. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this Agreement.
- If we determine, at our sole discretion, that you have engaged in any act of fraud to earn referral fees, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by Sensi. 'Qualifying Revenues' are revenues derived by Sensi from our sales, excluding costs for shipping, handling, taxes, service charges, credit card processing fees, returns and bad debt.
The current referral fee schedule is:
|Sales generated per month||% on Seeds||% on other Products
| =< € 5000|| 20 %|| 5 %
| > € 5000 and =< € 8000|| 25 %|| 5 %
|| > € 8000 || 30 %|| 5 %
6. Referral Fee Payment
- We will pay you referral fees on a monthly basis, on or around the 15th of each calendar month. All affiliate payments will be made via bank transfer.
- Please note that you must enter your bank account details in your Affiliate account settings for Sensi to be able to transfer your referral fees.
- If the referral fees payable to you are less than €100 in any calendar month, we will hold payment until the total amount payable is at least €100.
- If referral fees are issued to you for sales that are later cancelled or refunded to the customer, Sensi will deduct from the current balance of your affiliate account an amount corresponding to any such incorrectly paid referral fees
- . If the balance in your account stays negative for more than 90 days, we will send you a bill for the negative amount in your account.
7. Policies and Pricing
- Customers who buy products through this Program will be deemed to be customers of the Sensi Seed Bank. Accordingly, all of Sensi Seed Bank's rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.
- We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies.
- Product prices and availability may vary from time to time.
8. Identifying Yourself as an Associate
- You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program.
- In addition, you may not in any manner misrepresent or embellish the relationship between us and you, nor express or imply any relationship or affiliation between us and you nor between Sensi and any other person or entity except as expressly permitted by this Agreement.
- This includes but is not limited to expressing or implying that the Sensi Seed Bank supports, sponsors, endorses, or contributes money to any charity or other cause.
- Exceptions can only be in the form of written permission issued by the Sensi Seed Bank.
9. Limited License
- We grant you a non-exclusive, revocable right to use the Sensi Seed Bank's graphic images and text for which we grant express permission.
- Sensi Seed Bank images and texts are to be used solely for the purpose of identifying your site as a Program participant and to assist in generating sales for the Sensi Seed Bank.
- You may not modify the graphic image or text, or any other of our images, in any way.
- Sensi reserves all rights on our graphic images and text, any other applicable images, Sensi trade names and trademarks, and all other intellectual property rights.
- You agree to follow our Trademark Guidelines, as those guidelines may change from time to time.
- We may revoke your license at any time by giving you written notice.
10. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
Sensi disclaims all liability for matters pertaining to your website(s)
Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
- The technical operation of your site and all related equipment
- The accuracy and appropriateness of materials posted on your site (including, but not limited to, all product-related materials)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
11. Term of the Agreement
- The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.
- Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party electronically written notice of termination sent by email.
- Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Sensi Seed Bank trademarks, trade dress, logos and all other materials provided by or on behalf of Sensi to you pursuant hereto or in connection with the Program.
- You are eligible to earn referral fees only on sales that occur during the term.
- We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may, at any time and at our sole discretion, modify any of the terms and conditions contained in this Agreement, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules.
If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
13. Relationship of Parties
You and Sensi are independent contractors, and no part of this Agreement will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
14. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
Further, Sensi's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
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.
16. Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions.
You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site.
You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
This Agreement will be governed by the laws of the European Union and The Netherlands, without reference to rules governing choice of laws.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.