The Wholefood Collective
Tier 1 Affiliate Program Agreement
Please read this entire agreement so you and we are both on the same page from the get go. A good partnership is an informed one.
1. The Wholefood Collective Tier 1 Affiliate Agreement
This agreement describes the terms and conditions for participation in The Wholefood Collective Tier 1 Affiliate Program. In this agreement, the term "Affiliate" or “you” refers to you (the applicant). In this agreement, “The Wholefood Collective”, “TWC”, “our” and “we” refer to the product owner, The Wholefood Collective Pty Ltd.).
Although we created this program with the intent to forge forward with it indefinitely, we reserve the right to modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. One of our core values is transparency, and we commit to keeping communication open with you, and will notify you of any changes within 24 hours. If any of the modifications don’t sit right and are unacceptable to you, simply terminate this Agreement. All commissions earnt to this point will be honoured. If you continue participation in this program, it will be considered as your acceptance of the change.
To enrol in the affiliate program, you must have met with a TWC representative, submitted an affiliate application and have been approved.
4. Affiliate URL
You will be issued a special URL once you become an approved member of The Wholefood Collective Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Tier 1 Affiliates will receive 10% of product revenue (except membership fees) as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product), with a 12 month attribution window. Commissions and attribution windows may change at the discretion of TWC.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
TWC pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify TWC to ensure proper commission payments.
7. Order Fulfillment
TWC will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any TWC products from other websites as a "reseller" and no "resale" rights are granted in any way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away of any of these products, unless a special promotion has been agreed to in writing (email is fine) a TWC representative. TWC will also be solely responsible for all customer service enquires.
Customers who purchase products and services through the TWC Affiliate Program will be deemed to be customers of TWC. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. TWC policies will always determine the price paid by the customer.
8. Cost Price Personal Shopping
We consider Affiliates part of the TWC family, and as such you are entitled to cost price personal shopping on the TWC website. Cost price is the same price the TWC team pay, and it’s calculated by adding cost of goods with warehouse and order picking fees, and shipping costs. This privilege is extended only to the Affiliate personally. Please respect this inclusion and only shop for your immediate family under this arrangement. Cost price personal shopping is capped at a TWC sell price of $500 per month.
9. Tier 1 Expectations
As a Tier 1 Affiliate, you acknowledge our higher expectations for the partnership.
Content Contribution: Tier 1 Affiliates support the TWC community by contributing high value content each month, which helps in our mission to inform, motivate or inspire them in their wellness journey. This content can come in various forms and is outlined in the ‘TWC Blog Protocol’ document, which all Affiliates are required to read and adhere to. It is expected that Affiliate’s content contributions will also benefit you through exposure to a new market. TWC will pay for the top content contribution each week to be promoted to our audience and possibly beyond.
Interactive Content: It is expected that Tier 1 Affiliates will avail themselves for and participate in interactive content twice per year. Interactive content can be an interview, live Q&A with TWC members, cook-a-longs or other, as agreed between the Affiliate and TWC. It is expected this will serve both the Affiliate and TWC, and TWC will pay for these pieces of content to be pushed out to our membership community as exclusive content. TWC may also create a teaser of the interactive content and pay to promote it to non-members. This content can replace the Affiliate’s regular content contribution for the month in which it is published.
Reciprocal Affiliate Agreement: Where the Affiliate offers an Affiliate Program of their own, it is to be extended to The Wholefood Collective as an Affiliate, at the highest possible commission rate. It is acknowledged that we may pass on part of, or the entirety of the commission to our tier 3 “all in” members in the form of savings on your products or services, unless prior discussed.
Recipe ingredients: Where you promote recipes, it is expected you’ll at least mention The Wholefood Collective. It is preferred, and makes more sense for you to link the ingredient bundle to your co-branded Pantry Essentials page, with your affiliate link.
Promotion: You’re already motivating people to eat better. Let them know where they can get the best food for less, and get paid for it. It’s in both of our best interests that whenever you mention ingredients or pantry staples that you mention you get yours from TWC, and add your affiliate link.
Exclusivity: We understand that it may be part of your business model to be paid a fee for service to promote other food brands for a short period of time, or as a one-off. We acknowledge there are other beautiful brands out there who deserve air time. As a Tier 1 Affiliate, we would expect that TWC would be your static and main promotional partner, and that you won’t partner with directly competing brands in such a significant way.
10. Qualifying Sites
TWC reserves the right to refuse any entry into the TWC Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
Promote sexually explicit materials
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promote illegal activities
Promote fairy bread, except for birthdays
List coupon codes or discounts that were NOT officially provided to them by TWC. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of TWC or any other site.
11. Permitted Usage
The following are permitted uses of the TWC brand and marketing resources
Affiliates are permitted to use the graphical banners and design resources located inside the TWC Affiliate Centre. If a specific size banner ad is not available, the Affiliate may contact the Affiliate Program manager and request a new banner graphic be added to the available resources. You may also use any personalised images TWC has created for your brand. Any adjustments to these images, or unapproved use of our logo is not acceptable.
12. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account.
Affiliates may not use the TWC logo, logo marks or other TWC website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with TWC, without prior approval.
Affiliates may not use the term "The Wholefood Collective" or “TWC” in any variation in their site URL ex. (twc.net, twccouponcodes.com, the-wholefood-collective.com.au, etc).
Affiliates may not promote coupons that were not provided to them personally by TWC. You may not promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
Affiliates may not host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
13. The Wholefood Collective Anti-Spam Policy
TWC strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules. If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
TWC, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the TWC Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
14. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
15. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either TWC or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to TWC websites, and all TWC trademarks and logos, other TWC marks and all other materials provided in connection with this program.
16. Limitation of Liability
TWC will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an Affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and TWC will not be liable for the consequences of any interruptions or errors.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the TWC Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
That’s all the nitty gritty, sorted. Now onto the fun stuff...