Affiliate TOS Page

Affiliate TOS Page

Brand Ambassador Agreement

This is an application by you, [Ambassador], to enter into a legal agreement, known as the Brand Ambassador Agreement, for you, to be an independent salesperson for Finest Herbal Shop.

The Brand Ambassador Agreement contains the complete terms and conditions that will apply to your participation during the period of your agreement as Brand Ambassador for Finest Herbal Shop in exchange for referral commissions which result from Qualified Purchases of Finest Herbal Shop Products and Services.

This Brand Ambassador Agreement is an integrated agreement consisting of parts, which includes: 

  • The terms and conditions as stated below in this application.
  • Also in this application is the Brand Ambassador Compensation Plan.
  • The Brand Ambassador Policies and procedures of which the Brand Ambassador Program shall be run.

 By making this application to be a Brand Ambassador, you represent and warrant that you have read, understand, and agree to always abide by all of the terms and provisions of the Brand Ambassador Agreement as presented for the period.

TERMS AND CONDITIONS

 In consideration of the mutual agreements and obligations set forth herein, the Parties agree to the following as guide to their partnership:

 Definitions of Terms in the Sales Affiliate Agreement

We”, “Our”, and “Us” — means Finest Herbal Shop

You”, “Your” and “Brand Ambassador” – mean you individually and any business or entity through which you are applying for participation in the Finest Herbal Shop Brand Ambassador Program, and includes any employee, agent, or representative of Ambassador.

“Products and Services” – means Finest Herbal Shop products and services which may be available for purchase through Finestherbalshop.com and Holisticchase.com

“Qualified Purchase” – means a fully consummated sale of Finest Herbal Shop Products or Services by the Company to a Referred Customer, which is successfully paid in full and meets the criteria set forth in the Policies and Procedures so as to entitle an Ambassador to receive a Commission.

 “Promotional Materials” – means those marketing materials prepared and approved by the Company to market Finest Herbal Shop Products and Services which an Affiliate may use to assist Affiliate in presenting the company and any other Products or Services, including any materials regarding the Affiliate Program.

Commission(s)” – means compensation paid Brand Ambassador by the Company for each Qualified Purchase completed by a Referred Customer in accordance with this Agreement, pursuant to the terms of the Brand Ambassador Compensation Plan.

 Relationship of the Parties – Independent Contractor Status

Brand Ambassador may consist of an individual, or a company owned by an individual, which company is duly licensed and in good standing in its home state. Finest Herbal Shop. is a US base mobile Shop and Brand Ambassador hereby expressly agrees that its sole recourse as to any dispute is to the corporate entity itself and not to any of its owners, officers, employees, agents, and so forth, and promises that Brand Ambassador will never attempt to pierce the company veil in any dispute so as to reach any of the individuals involved with the Company, but will always look solely to the Company.

 Brand Ambassador is a self-employed, independent contractor who is only authorized to refer individual consumers to purchase the products of the Company on a non-exclusive basis. Any published reference to the relationship between Brand Ambassador and the Company shall expressly indicate that Brand Ambassador is an “independent contractor.”  Brand Ambassador hereby expressly acknowledges and agrees the Brand Ambassador Agreement does not create an employee/employer relationship, agency relationship, partnership, or joint venture between the Company and Ambassador, and shall not represent Brand Ambassador to be an employee, agent, or representative of the Company, or a purchaser of a franchise or a business opportunity.

Brand Ambassador will use own resources and shall exercise independent judgment as to when and how will refer new customers to the Company to purchase Finest Herb Products and Services

Brand Ambassador further agrees that it is not entitled to any benefits that the Company may make available to its employees. Brand Ambassador shall not be treated as an employee of the Company for any purpose, including without limitation, for federal, state or local tax purposes. The Company will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain worker’s compensation insurance on Ambassador’s behalf. Brand Ambassador is solely responsible for all income tax returns and payments required to be filed with or made to any tax authority with respect to their activities.  Brand Ambassador has no authority to make any representations, or accept any offers or commitments, on behalf of the Company. Brand Ambassador expressly agrees to not make any statement or representation, or publish any information, in any form or manner, that could reasonably be construed as contradicting anything in this Section.

Commission

Under the Brand Ambassador Program, and in accordance with the terms of this Agreement, in particular the Brand Ambassador Compensation Plan, Ambassador will be paid a referral Commission for each Qualified Purchase by a Referred Customer that is correctly identified as being referred by Brand Ambassador to Finestherbalshop.com, provided:

 i. Orders placed by Referred Customers who follow the Ambassador’s Referral Tracking Link to Finestherbalshop.com; and/or 

ii. Orders placed by Referred Customers who when placing an order clearly identify the Brand Ambassador in the referral source field, (such as a field captioned “How did you hear about us?”) on the Finestherbalshop.com new client registration form(s) in such a way that the referral can be successfully tracked to Ambassador.

 b. Commissions will not be paid to an Ambassador for Qualified Purchase(s) made by customers who originally registered through another Ambassador, or who independently purchased directly from Finest Herbal Shop through any of the Company’s domains, web sites, social platforms, etc., unless the Company has officially assigned that independent customer to an Ambassador such that the independent customer becomes a Referred Customer of Ambassador.

 c. In addition to the foregoing, each Referred Customer and each Qualified Purchase must meet the following criteria (the “Criteria”) in order to generate Commissions for the Affiliate:

i. Each Referred Customer must become an active, qualified customer of Finestherbalshop.com by making one or more Qualified Purchases, 

ii. Each Qualified Purchase must have a valid payment, actually received by the Company prior to the date the Commission Fees are processed, without being refunded, canceled, suspended, charged back, or any other reason Company cannot retain such funds; provided that any refund, credit, cancellation, suspension, chargeback or other reason of non-payment or non-receipt for which a Commission has previously been distributed to Brand Ambassador will be deducted from Ambassador’s next Commission distribution; and 

iii. Each Referred Customer must be, and remain, in compliance with the Company’s Terms of Service and other policies that are active at the time the Commissions are processed.

 d. The Company is not responsible for any third-party fees charged by a bank or other financial institution or financial service provider used to receive Brand Ambassador Commissions. Ambassador must pay such fees as its own expense.

 e. The Company shall not be responsible for any taxes or similar obligation owed by Brand Ambassador arising out of Ambassador’s Commissions or Ambassador’s participation in the Brand Ambassador Program. Accordingly, the Company shall not withhold any taxes or similar obligations from the Commissions paid to Brand Ambassador. Furthermore, if for any reason the Company is held responsible for such taxes or similar obligations, Brand Ambassador hereby irrevocably agrees to promptly pay such amounts in full within 30 days of notice of the obligation to do so, and any Commissions earned until such amounts are repaid in full will automatically be surrendered by Ambassador to the Company to pay such amounts.

 f. The Company shall be responsible to collect from Referred Customers any sales tax which may be owed for any Qualified Purchases through the Finest Herbal Shop website, and shall remit such taxes to the appropriate taxing entity. Brand Ambassador may not collect sales tax for any purchases through the website, but shall be responsible to collect and remit to the proper taxing authority any applicable sales tax on any Finest Herbal Shop Products which Ambassador has purchased and resales to a customer as may be required by law.

 g. Ambassador agrees that he or she has the primary responsibility for tracking their sales to determine the accuracy thereof, and that Brand Ambassador will have one month to review the previous month’s Commissions, and any failure by Ambassador to adequately do so will constitute a waiver of mistake(s), and Ambassador will have no claim for any mistake not discovered or reported in time.

 h. Where no Commissions are due and owing when Brand Ambassador becomes obligated to the Company, or in the event of termination of this Agreement or the Brand Ambassador Program,

 i. The Company reserves the right to suspend payment of Commissions at any time indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Ambassador or its representative or agents, or by a Referred Customer(s), until a determination as to whether fraud or other improper activity has occurred. Any Commissions “earned” through fraudulent or other improper means, in the Company’s sole and absolute judgment, shall be forfeited. Any Commissions the Company in its sole and absolute discretion demands returned for fraudulent or other improper activity must be returned within 30 days after written demand.

Order Processing, and Fulfillment

All aspects of order processing and fulfillment, including but not limited to sign-up, registration, purchase, fulfillment, cancellation, refunds and payment processing, access, interaction, general inquiries, and customer service and support will be the Company’s responsibility once a Qualified Sale occurs.

The Company reserves the right, however, in its sole and absolute discretion and judgment, to reject any orders that do not comply with any requirements that the Company may establish from time to time, or on a case by case basis, and may cancel Products or Services without advance notice.

The Company will provide Affiliate a dashboard through its designated website to allow Brand Ambassador to track and monitor Qualified Purchases. 

The Company may delay shipment of the Products or the provision of Services for any reason, including without limitation the following reasons:

(1) Lack of adequate inventory or trainers,

(2) Acts of God and other reasons beyond the control of the Company,

Presenting the Finest Herbal Shop Products and Services

Brand Ambassador enjoys the freedom to employ all legal and marketing means to represent the company products and services in order to generate customers. The company banners and fliers that shall be made available to Brand Ambassador must also be used to represent the company products and services.

Brand Ambassador Commitment and warranties

Brand Ambassador must expressly agree to show honesty, Loyalty and respect to all the terms of this agreement. Also, in all transactions must have the interest of the company at heart No form of deception or conning should be exhibited by the Ambassador. Strong sense of commitment must be shown at all time.