Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of www.greenplanetnutrients.com (the “Site”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). Green Planet Nutrients is a division of Green Planet Wholesale Ltd. (“Green Planet”). By using this Site, you signify your acceptance of these Terms and Conditions.
Green Planet may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on this Site. Your continued use of this Site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of the Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Green Planet, and/or its various subsidiaries, affiliates, associate dealers, third party providers and distributors (“Third Parties”), and are protected by Canadian, U.S. and international intellectual property laws.
Green Planet and Third Parties, including without limiting the generality of the foregoing, its suppliers and licensors, expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Green Planet’s or any Third Party’s intellectual property rights.
The Green Planet names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Green Planet and are used in Canada and the U.S. under exclusive license by Green Planet. All other Contents are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site.
Use of Site
Neither this Site nor the Contents may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Green Planet, except that you may download, display and print the content presented on this Site for your personal, non-commercial use only. Unauthorized use of this Site and/or the Contents may violate applicable copyright and trademark notices, including any other proprietary notices, contained within the Contents. The use of the Contents on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
This Site is not intended for use by individuals under the age of 18. Use of this Site is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Green Planet and without any liability whatsoever, Green Planet at any time and without notice may terminate or restrict your access to any component of this Site.
User Name and Password
Your www.greenplanetnutrients.com web site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Green Planet representative. Green Planet recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Green Planet, and may be cancelled or suspended at any time by Green Planet without any notice or liability to you or any other person. Green Planet is not under any obligation to verify the actual identity or authority of the use of any login name or password.
You must immediately notify Green Planet of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
User Comments, Feedback, Postcards and Other Submissions
For all review, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Green Planet on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Green Planet a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however Green Planet desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.
For this reason, we ask that you not send Green Planet any comments that you do not wish to license to Green Planet as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original art work. Green Planet is not and shall not be under any obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to use any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to this Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trademark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.
You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of Green Planet and its successors, assigns and licensees.
Green Planet does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to this Site. You grant Green Planet the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Green Planet and its affiliates for all claims resulting from or relating to any Comments you submit.
Green Planet and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You understand that by using this Site or any services provided on this Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Green Planet and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.
Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by Third Parties, including without limiting the generality of the foregoing, Green Planet vendors and partners, and are not independently verified by Green Planet. The accuracy of such service descriptions, representations, warranties, guarantees, performance claims and other Content, is the sole responsibility of the Third Parties. While this Site attempts to be accurate in its product and/or service descriptions, Green Planet does not represent or warrant that the product and/or service descriptions or other Content on the Site are accurate, complete, reliable, current, or error-free. If you find a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with Green Planet’s Return Policy, or cancel the service in accordance with the applicable service agreement.
Green Planet and/or Third Parties may also provide tips, instructions and other information on this Site for your general information only. Because various aspects of products and services can change at any time, you should always be sure to read and follow the labels and instructions that accompany any products or services you use or purchase from Green Planet. No tips, instructions or other information is intended to substitute the advice of a qualified professional. This information does not cover all possible uses, precautions, and interactions and should not be construed to indicated that any product or service is safe for your intended purposes. You should carefully read all the information provided by the manufacturer of the product or service on or in the product or service packaging and labels and consult appropriate professionals to ensure the same are appropriate for your intended use.
GREEN PLANET, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS ASSUME NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR OTHER CONSEQUENCE CAUSED BY OR OTHERWISE RELATED (DIRECTLY OR INDIRECTLY) TO ANY ACTION OR INACTION YOU TAKE BASED ON THE TIPS, INSTRUCTORS AND OTHER INFORMATION AND RESOURCES AVAILABLE ON THIS SITE.
Users of this Site are prohibited from violating or attempting to violate the security of this Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. Green Planet will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Site and other than search engine and search agents available on this Site and other than generally available third party web browsers (e.g. Microsoft Explorer, Firefox, Chrome).
Personal information is information about an identifiable individual. Person information includes such things are your name, address, age, income, date of birth, gender, financial information and credit records, as well as your opinions, preferences and purchase patterns.
Purpose of Collecting Personal Information
Green Planet identifies the purpose for which your personal information is collected. We do this before or at the time the information is actually being collected. We collect, use and disclose your personal information in order to:
By providing your information to Green Planet, you consent to Green Planet using your personal information for the purposes outlined above. Withdrawal of consent to collect, use and disclose your personal information for the purposes of a promotional and/or royalty program may restrict our ability to provide you with some privileges and opportunities of being a member.
Green Planet obtains your consent to collect, use or disclose your personal information, except as permitted by law. The method of obtaining consent depends on the circumstances and the sensitivity of the information. Consent may be verbal or written, express or implied. Your express consent (verbal, written or electronic agreement) is obtained to collect, use or disclose sensitive personal information. Implied consent is obtained in circumstances where a customer relationship already exists, express consent has been previously given, or the purpose of using the personal information is reasonably apparent to you.
You can change your consent preferences at any time by contacting Green Planet’s Customer Relations department.
Benefits of Consent
Green Planet is part of a growing network of interrelated businesses offering a unique mix of products and services. We want to give you exceptional customer service and additional value which is facilitated by sharing your information within Green Planet and across our various businesses. This sharing enables us to notify current and new customers or products, services, rewards and special offers they might enjoy. We may also provide your personal information to other companies designated by Green Planet under our promotional and/or loyalty programs so that they can notify you directly or products, services, rewards and special offers that may be of interest to you. These notices may be given to you by postal mail, e-mail, facsimile, telephone, text message, automatic dialing-announcing device or other form of telecommunication using the contact information that you provide to us.
Opting Out/Withdrawing Consent
If you decide that you don’t want to receive marketing offers for products and services, you may always withdraw or refuse your consent at any time by calling us toll free at 1-866-913-4769. Your request will be promptly processed but may not be in time to remove you from promotions already in progress. Please note that even if you have opted out of receiving marketing communications, we may still contact you for purposes of administering your account.
If you decide to withdraw or refuse consent, our ability to communicate with you will be diminished. For example, we will not generally be able to tell you about price discounts, rewards, customized balance transfer offers, contests, or other product and services may be of value to you.
Limited Collection, Use and Retention of Personal Information
Green Planet uses and discloses your personal information only for the purposes for which is was collected, except with your consent or as required by law. We assure you that we do not sell or rent personal information. We only provide your personal information within Green Planet and across our various businesses, with current or future partners in promotional and/or loyalty programs, and with third-party service providers for the administration of certain promotional activities, and to ensure your needs are met and you are receiving optimum value from your participation in loyalty programs.
Green Planet retains your personal information only as long as it is required for our business relationship or as required by law. In the unlikely event that Green Planet, or any of its affiliated companies, brands or substantially all of any of their assets are acquired by an unrelated third party, your personal information may be one of the transferred assets. By providing your personal information to Green Planet, you agree that we may disclose your personal information, on a confidential basis, to any prospective transferee and its professional advisors for the purposes of their due diligence investigations, the completion of any such transaction and the continued operation of the acquired business.
Protection of Personal Information
The security of your personal information is important to Green Planet. We will protect your personal information with appropriate safeguards and security measures. All of our Service Providers are required under their contract with us to maintain your confidentiality and may not use your information for any unauthorized purpose. When we are required by law to provide information, we take reasonable steps to verify the lawful authority for the collection and we disclose only the information that is legally required. We review our procedures and security measures regularly to ensure that they are properly administered and remain effective and appropriate for the sensitivity of the information.
You have the right to request access to your personal information we have on record in order to ensure it is accurate. If there are discrepancies, your information can be updated as appropriate. To access your personal information, a request must be submitted in writing. Green Planet will respond to your request for access or information in a reasonable time. There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we are unable to separate your data), or if we are prohibited by law from disclosing the information.
To remove your data completely from our database you can easily email firstname.lastname@example.org to leave remaining only legal data required for accounting use. Any requests will be actioned within 24 hours.
Questions, Concerns and Complaints
Green Planet responds in a reasonable time to your requests, concerns and complaints about the privacy of your personal information and our privacy policies and procedures. We will investigate and respond to any concern you have regarding the handling of your personal information. In most cases, an issue can be resolved by simply telling us about it and discussing any issues.
Items listed on this Site may not be available or in-stock at all times for purchase. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of this Site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
All prices are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
All advertisements on this Site are merely invitations for you to purchase goods or services from Green Planet, and are not offers to sell by Green Planet.
Green Planet reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its direction, including, without limitation, if Green Planet believes that customer conduct violates applicable law or is harmful to the interests of Green Planet or any Third Parties.
All sizes and quotes are approximate. Some items shown may require assembly.
Please contact us at email@example.com for more information in regard to our return and warranty policies.
Some of the information, articles and other materials available through this Site are provided to Green Planet through third parties; however, such materials are provided for your interest and convenience only. Green Planet does not endorse these materials or the vendors who supply them to us, nor does Green Planet warrant or represent that these materials are current, accurate, complete or reliable.
Green Planet is not responsible or liable in any manner for certain features and functionality offered on this Site which are provided by third parties unrelated to Green Planet. Access to and use of said services may require your agreement to additional terms and conditions.
Reference on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and the inclusion thereof does not in any way constitute or imply endorsement, sponsorship, recommendation, investigation or verification by Green Planet or the Third Parties of the third party, information, product or service. Green Planet is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. Green Planet does not assume any responsibility or liability for the actions, product, and content of any such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and privacy policies of such websites.
Green Planet and the Third Parties shall not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the Site or any of its content in any form and by any method is strictly prohibited.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS AND SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIS SITE IS PROVIDED BY GREENPLANET ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREEN PLANET MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, GREEN PLANET DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS WEB SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREEN PLANET DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE, PRODUCT, OR MATERIALS DISPLAYED ON THIS WEB SITE AND THAT THIS WEB SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOU USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEB SITE.
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GREEN PLANET AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (6) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GREEN PLANET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.
Nature of Relationship
The relationship between Green Planet and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of this Site.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Green Planet or relating in any way to your use of this Site or a purchase made on this Site will be in the courts of the Province of British Columbia unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
The delay or failure of Green Planet to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Green Planet’s rights with respect to such breach or any subsequent breaches. Green Planet shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is due to causes beyond its control.
You may not assign these Terms and Conditions to any third party without the prior written consent of Green Planet.
Additional terms and conditions apply to purchases of products and services and such terms and conditions may also apply to specific web site functions available on this Site.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provisions shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions will be binding upon and enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Green Planet and its successors and assigns.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Green Planet as set forth above.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE MERCHANT. (GREENPLANETNUTRIENTS.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.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in GREENPLANETNUTRIENTS.com’s Affiliate Program. The purpose of this Agreement is to allow the use of coupons and HTML linking between your website and the GREENPLANETNUTRIENTS.com website. Please note that throughout this Agreement, “we,” “us,” and “our” refer to GREENPLANETNUTRIENTS.com, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at https://greenplanetnutrients.com/affiliates/. 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 which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes “Merchant” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise 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 implied in a manner that resembles our website nor designs your website in a manner that leads customers to believe you are Merchant.com or any other affiliated business.
2.2. As a member of GREENPLANETNUTRIENTS.com’s Affiliate Program, you will have access to Affiliate Account Dashboard. Here you will be able to download HTML code (that provides links to web pages within the Merchant.com website) and banner creatives, browse, and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code or coupon code within your Affiliate Program dashboard. Doing so will allow you to track the success of your Affiliate Program & payouts from GREENPLANETNUTRIENTS.com to you the affiliate.
2.3. GREENPLANETNUTRIENTS.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
3. Merchant.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the GREENPLANETNUTRIENTS.com Affiliate Program.
3.2. GREENPLANETNUTRIENTS.com reserves the right to terminate this Agreement and your participation in the Merchant.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the GREENPLANETNUTRIENTS.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, GREENPLANETNUTRIENTS.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and GREENPLANETNUTRIENTS.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in GREENPLANETNUTRIENTS.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
GREENPLANETNUTRIENTS.com uses a third party to handle all of the tracking and payment. The third party is the couponaffiliates.com affiliate plugin and our payment gateway is https://stripe.com/. Kindly review the network’s payment terms and conditions.
7. Access to Affiliate Account Interface
You will create a password so that you may enter a secure affiliate account interface. From our site, you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own websites, but naturally any promotion that mentions GREENPLANETNUTRIENTS.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 GREENPLANETNUTRIENTS.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of 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, your domain name, or your return email address. You may use mailings to customers to promote GREENPLANETNUTRIENTS.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote GREENPLANETNUTRIENTS.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from GREENPLANETNUTRIENTS.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 GREENPLANETNUTRIENTS.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as GREENPLANETNUTRIENTS.com, GreenPlanetNutrients, www.GREENPLANETNUTRIENTS, wwwGREENPLANETNUTRIENTS.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 own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from GreenPlanet Nutrient’s Affiliate Program. We will do everything possible to contact the affiliate prior to 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.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in GreenPlanet Nutrient’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited GreenPlanet Nutrients’s site (i.e., no page from our site or any GREENPLANETNUTRIENTS.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of GreenPlanet Nutrients site in IFrames, hidden links and automatic pop ups that open GREENPLANETNUTRIENTS.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of GREENPLANETNUTRIENTS.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of GREENPLANETNUTRIENTS.com and the goodwill associated therewith will inure to the sole benefit of GREENPLANETNUTRIENTS.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
GREENPLANETNUTRIENTS.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING GREENPLANETNUTRIENTS..COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF GREENPLANETNUTRIENTS.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
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 ON 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 GREENPLANETNUTRIENTS.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all 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 other 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.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
15.1. 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 GREENPLANETNUTRIENTS.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada, without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between you and us, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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Tuesday: 8am – 4:30pm
Wednesday: 8am – 4:30pm
Thursday: 8am – 4:30pm
Friday: 8am – 4:30pm