PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND HACKED SNACKS, LLC. (HACKEDSNACKS.COM)
BY SUBMITTING THE ONLINE APPLICATION, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH OTHER AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate in Hacked Snacks Affiliate Program. The purpose of this Agreement is to understand that as a “Hacked Snacks Affiliate”:
I have the right to offer for sale Hacked Snacks products and services in accordance with this Hacked Snacks Affiliate Agreement.
I have the right to enroll others as Hacked Snacks Affiliates.
If qualified, I have the right to earn commissions pursuant to the Hacked Snacks Compensation Plan.
Please note that throughout this Agreement, “we,” “us” and “our” refer to Hacked Snacks, LLC 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 the Hackedsnacks.com Affiliate Enrollment Portal.
Obligations may include, but not limited to the following:
All BRAND AFFILIATES are asked to post three times a month, tagging @hackedsnacks or #hackedsnacks in the posts. Preferably one story & two public posts on Instagram or Facebook.
All BRAND AFFILIATES can earn commissions after $100 of purchases - This can include your purchases, or customers you refer purchases or any combination of the two. (Required for commissions)
All BRAND AFFILIATES are asked to follow @hackedsnacks and LIKE and COMMENT as soon as possible after each post.
All BRAND AFFILIATES are asked to promote and share product as often as convenient for them.
All BRAND AFFILIATES are asked to re-post our giveaways and contests.
All BRAND AFFILIATES may be asked for feedback on new flavors, products & giveaways.
Your Affiliate application will be evaluated for approval. The fact that we approve applications does not imply that we may not re-evaluate your application as a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that you are not suitable for our Program, including but not limited to:
2.1.1. Promote sexually explicit materials
2.1.2. Promote violence
2.1.3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promote 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. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.2. You agree that as an Affiliate that you are an independent contractor, and not an employee, partner, legal Advocate or franchisee of Hacked Snacks. You agree that you will be solely responsible for paying all expenses that you incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF HACKED SNACKS FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON. Hacked Snacks is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind. I understand that I am not entitled to worker’s compensation or unemployment security benefits of any type from Hacked Snacks.
2.3. You have carefully read and agree to comply with the Hacked Snacks Policies and Procedures, the Hacked Snacks Compensation Plan, and the Back Office Term of Use, which are incorporated into and made a part of this Hacked Snacks Affiliate Agreement (these documents shall be collectively referred to as the “Agreement”). You understand that the Agreement may be amended at the sole discretion of Hacked Snacks, and you agree to abide by all such amendments. Notification of amendments shall be posted on the Hacked Snacks’ website, in my Affiliate Back Office and/or sent via email. Amendments shall become effective 30 days after publication, but amended policies shall not apply retroactively to conduct that occurred before the effective date of the amendment. The continuation of my Hacked Snacks business or my acceptance of bonuses or commissions after the effective date of the amendments shall constitute my acceptance of any and all amendments.
2.4. You authorize Hacked Snacks to use my name, photograph, personal story, testimonial, likeness, and/or any other material that I submit to Hacked Snacks in its advertising or promotional materials and waive all claims for remuneration for such use.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws. You must have express permission to use any person’s copyrighted material, whether it be a 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. Hacked Snacks Rights and Obligations
3.1. We have the right to monitor your Affiliate social media accounts and site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any Agreement violations, and any changes that we feel should be made. If you do not make the changes that we think are necessary, we reserve the right to terminate your participation in the Hacked Snacks Affiliate Program.
3.2. Hacked Snacks reserves the right to terminate this Agreement and your participation in the Hacked Snacks Affiliate Program immediately and without notice to you should you commit fraud in your use of the Hacked Snacks Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Hacked Snacks 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.
4. Term and Termination
4.1. 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, text, email, or fax. In addition, this Agreement will terminate immediately upon any breach of the Agreement by you.
4.2. In the event of cancellation or termination, you waive all rights you have, including but not limited to property rights, to my former downline organization and any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Hacked Snacks reserves the right to terminate all Affiliate Agreements upon 30-day notice if the Company elects to (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Affiliates may cancel this Agreement at any time, and for any reason, upon written notice to Hacked Snacks at its principal business address.
5. Standing and Disciplinary Action
5.1. You understand that you must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Hacked Snacks. You further agree that if you fail to comply with the terms of the Agreement, Hacked Snacks, at its discretion impose upon you disciplinary sanctions as outlined in the Policies and Procedures, which may include the involuntary termination of your participation in the Hacked Snacks Affiliate Program.
6.1. We may modify any of the term and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and Hacked Snacks Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Hacked Snacks Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Hacked Snacks uses a third party to handle all the tracking and payment. The third party is Direct Scale and Hyperwallet. Kindly review the network’s payment terms and conditions.
8. Access to Affiliate Interface
You will create a password so that you may enter Hacked Snacks secure Affiliate account interface. From this site, you will be able to receive your reports that will describe our calculations of the commissions due to you.
9. Promotion Restrictions
9.1. You are free to promote your own website, social media, etc., but naturally, any promotion that mentions Hacked Snacks 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 Hacked Snacks. 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 Hacked Snacks so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Hacked Snacks so long as the newsgroup welcomes explicitly commercial messages. At all time, you must clearly represent yourself and your websites as independent from Hacked Snacks. 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 Hacked Snacks Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
9.2. You agree to release Hacked Snacks, and its Affiliates from all liability arising from or relating to the promotion of your Hacked Snacks business and agree to the indemnify Hacked Snacks for any liability, damage, fines, penalties, or other awards arising from any unauthorized conduct that we undertake in operating my business.
10. Dispute Resolution
10.1. Except as otherwise provided in the Agreement, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, including claims at law or equity, contract-based, tort-based, and/or otherwise, shall be settled through confidential arbitration. The Parties waive rights to trial by jury or to any court except as expressly provided herein. That arbitration shall be filed with and administered by, the American Arbitration Association in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website at www.adr.org. Copies of the AAA’s Commercial Arbitration Rules and Mediation Procedures will also be emailed to Affiliates upon request to Hacked Snacks' Compliance Department. Notwithstanding the rules of the AAA, unless otherwise stipulated by the parties, the following shall apply to all Arbitration actions:
The Federal Rules of Evidence and Federal Rules of Civil Procedure shall apply in all cases;
The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five (5) business days;
The Parties shall be allotted equal time to present their respective cases;
The arbitration shall be brought on an individual basis by each Advocate and not as part of a class or consolidated action. If the Company initiates arbitration, it may join multiple Affiliates or other parties in such proceeding.
10.2. All arbitration proceedings shall be held solely and exclusively in Salt Lake City, UT. There shall be one arbitrator selected from the panel that the AAA provides. If the Parties cannot agree on a mutually agreeable arbitrator within ten (10) business days of the date the panelist is provided to them, the Parties shall rank the panel arbitrators, beginning with 1 for most preferable, within five (5) business days thereafter and exchange rankings with other Party. The arbitrator receiving the lowest collective rank shall be appointed as the arbitrator. In the event of a tie, the tying arbitrator selected by the Company shall be appointed. Each Party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the Parties and may, if necessary, be reduced to a judgment in any court having jurisdiction to enter such judgment. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
10.3. Unless otherwise stipulated by all parties thereto, the Parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to third parties:
The substance of, or basis for, the controversy, dispute, or claim;
The substance or content of any settlement offer or settlement discussion or offers associated with the dispute;
The pleadings, or the content of any pleadings, or exhibits thereto, filed in any arbitration proceeding;
The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
The terms or amount of any arbitration award; and
The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
10.4. Notwithstanding the foregoing, nothing in the Agreement shall prevent the Company from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary restraining order, a preliminary or permanent injunction.
11. Grant of Licenses
11.1. 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 Hacked Snacks Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Hacked Snacks and the goodwill associated therewith will inure to the sole benefit of Hacked Snacks.
11.2. 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.
HACKED SNACKS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING HACKED SNACKS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF HACKED SNACKS 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.
13. Representations and Warranties
You represent and warrant that:
13.1. 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;
13.2. 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;
13.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
14. 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 HACKED SNACKS' CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN 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 Hacked Snacks, 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 express written permission of the disclosing party.
17.1. 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 Hacked Snacks. 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.
17.2. 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.
17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah without regard to the conflicts of laws and principles thereof.
17.4. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
17.5. 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.