Mom's Meals Affiliate Program Operating Agreement

This agreement describes the entire terms and conditions for participation in PurFoods's (dba “Moms Meals”) Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to PurFoods. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refers to PurFoods and the terms "product" or "products" refer to the products PurFoods offers.

You can add or remove links at any time: Using the links provided you may add as many links as you wish to PurFoods, or remove such links, at anytime and without prior approval from PurFoods. Any links not provided by Purfoods are subject to approval and can be deactivated at any time.

Referral Fee Qualifying Products: Any PurFoods products sold by PurFoods originating from a special link or links at your sponsoring website qualify to earn you referral fees. The following products will be considered "qualifying products":

• Products sold to customers who follow a special link from your sponsoring website to our website and submit that order by using PurFoods order forms, or telephone number.

The following products will not be considered qualifying for referral fees:

• Products sold through any other special link to our website other than the specific URL's that you are assigned to by your sponsoring website.

Referral Fee Amount: The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by PurFoods, full payment received, and products delivered will qualify for a referral fee. Purchase price will be for the total amount charged, excluding shipping.

The total of such sales in any given month will generate referral fees, based upon the applicable flat rate for Level 1 - 15% and Level 2 - 5% for Affiliate and 10% for Sub-Affiliate. Purfoods reserves the right to change the commission structure at anytime, said changes are effective immediately.  Continued use of the site will constitute acceptance of said structure. Participants only recourse is to terminate the agreement.

Referral Fee Payment: PurFoods will send a referral fee payment for the applicable referral fee approximately 15 days after the 1st day of each calendar month for commission earned in the prior months period.

A Statement of customer purchase activity will be available in real-time through a URL link.

Referral Fees:

Returns and Cancellations: If a product is cancelled by the customer or there is a refund, there will be no referral fee distributed. If commission has already been paid on returned product the amount of prior payment will be subtracted from the next commission payment made.

Order Processing: PurFoods will be solely responsible for processing every order placed by a customer from your referral or following a special link from your sponsoring website. Order entry will use PurFoods's online ordering process, or PurFoods's phone line.

Orders, payment processing, cancellations, and related customer product are the responsibility of PurFoods.

All of the rules, operating procedures and policies of PurFoods regarding customer orders and accounts will apply to orders we receive from your referral or through special links on your sponsoring website.  Purfoods reserves the right to reject any order without consequence.

Tracking of Sales: PurFoods will be solely responsible for tracking sales we make to customers from your referral or through special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in real-time with a special URL that they are assigned.

Promotional Techniques: You are free to promote the link to PurFoods in all the ways we recommend in the Welcome Package email letter you will receive from PurFoods once you are approved as an Affiliate. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented website; your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will become the property of PurFoods.  Participant shall not bid or otherwise purchase, either directly or indirectly, the search name "Purfoods", "PureFoods, “Moms Meals” or any misspelling or variant thereof from websites, search engines or other directory referral services unless otherwise approved by PurFoods.

Additionally, if you choose to promote PurFoods Sub-Affiliate Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote PurFoods Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will become the property of PurFoods.

References/Testimonials: You agree to cooperate with PurFoods in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.

Associates Signing-Up Under Themselves: We will not tolerate current associates signing themselves up as sub-affiliates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this is ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain the sole property of PurFoods.

Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, descriptions and articles (if applicable at your website) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. PurFoods will not be responsible if you use another party's copyrighted material in violation of the law.

PurFoods policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of PurFoods. The Participant does not have the authority to make or accept any offer on behalf of PurFoods. All PurFoods policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. PurFoods is not responsible for any representations made by the Participant which contradict our policies.

Product prices and availability: The price charged for every product sold under this program will be determined by PurFoods according to our own pricing policies.  Purfoods reserves the right to change program pricing at any time.  Product availability can change, and PurFoods will present the best information available to all sponsoring websites and its clients regarding same.

Website product interruption: PurFoods will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary product interruptions. The Participant agrees not to hold PurFoods liable for any of the consequences of such interruptions.

Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these products. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these products. We grant you the right to use our Trademarks and Trade Names in connection with marketing and sales of these products.

Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by PurFoods, and shall end when canceled by either party as provided below.

Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders at any time thereafter. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The agreement may be modified: PurFoods reserves the right to change any of the terms and conditions in this agreement including but not limited to pricing and referral fee structure, at any time and in its sole discretion, by posting a new agreement on our website. Continued use of the site constitutes acceptance of any changes. Participants only recourse is to terminate the agreement.

Cancellation of this agreement: Either PurFoods or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Corporate Affiliate Network Adherence:  If you are a sub-affiliate (level 2 affiliate) and your Level 1 affiliate maintains a separate “Affiliate Marketing Agreement”, you will abide by the terms and conditions of this agreement and said “Affiliate Marketing Agreement” The “Affiliate Marketing Agreement” will supersede this agreement when necessary and at PurFoods discretion. 

Warranty Disclaimer:

PurFoods makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in PurFoods then current product sales policies, any products sold there under, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages: PurFoods shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if PurFoods has been advised of the possibility of such damages. Further, PurFoods aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by PurFoods to Participant under this agreement.

Miscellaneous: Participant and PurFoods are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of PurFoods. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law This agreement shall be governed by the laws of the State of Iowa in the country of the United States.

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