1. Basic Requirements
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. Fruitgrass cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- One person or legal entity may not maintain more than one account.
- You may use the Ambassador Program to earn money on your own Fruitgrass product orders.
- You may not use the Ambassador Program for any illegal or unauthorized purpose. you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- An account is considered inactive if it has not earned Referral Rewards within the past 90 days. Inactive accounts may be deactivated and deleted at Fruitgrass’ sole discretion.
2. Ambassador Referrals
As an Ambassador you will share your experience with Fruitgrass Superfood Blend and introduce your friends, family members, social media friends, colleagues and others to the product, and provide them with product discounts through use of your Ambassador Promocode. And you may also share Fruitgrass information on your Facebook page, website and blog by using unique links that will direct your contacts to the Fruitgrass website at fruitgrass to purchase and enjoy Fruitgrass Superfood Blend. (“Referred Buyers”).
3. Ambassador Eligibility
To be eligible to participate in the Program, you must have completed a Qualifying Purchase of at least one box of Fruitgrass and be registered as a Fruitgrass Ambassador. To maintain your eligibility you may not be in breach of any of the Program Terms, and your website, webpage, blog, Twitter post, social networking page or account or other Internet property from which you refer buyers to our Site (the “Ambassador Property”) must not contain, promote or link to any Prohibited Content (as defined in 6. below). Completion of a Qualifying Purchase requires that The Fruitgrass Company (“TFG”) receive payment in full, and that there be no chargeback of payment, rejection of payment for a period of (30) days following the initial transaction date. Purchases of Fruitgrass through third party vendors are ineligible for this Program. Fruitgrass reserves the right to refuse service to anyone for any reason at any time. TFG reserves the right, in its sole discretion, to terminate your access to the fruitgrass.com website and the related services or any portion thereof at any time, without notice.
4. Program Links
Once you are eligible for the Program, you may access and copy referral links (“Links”) from our website. You may only place a Link on an Ambassador Property that is eligible for the Program and complies with the Program Terms, and you may use only the Links TFG provides to you to refer Internet users to our Site. You may not alter or modify the Links, or interfere or tamper with the Links or our tracking or reporting systems in any way. you also may not, under any circumstances, redirect or point the Links to any location other than the designated area for the Program, intercept or interfere with Internet users attempting to access our site from the Links, or engage in any form of surveillance or surreptitious tracking of users attempting to access Our Site from the Links.
5. Earning Rewards
For a product sale to be eligible to earn Referral Awards, the customer must click-through a Link from your site, email, or other communications to www.fruitgrass.com site and siuccessfully complete a purchase transaction. In order to qualify for a Referral Reward from offline contacts, your Referred Buyer must provide the Ambassador PromoCode during the order checkout process on their first completed purchase. Referred Buyers do not qualify to receive any rewards under this Program, other than any available discounts from use of your Promocode. However, after completing at least one purchase and subject to meeting other eligibility requirements as stated herein, the Referred Buyer may qualify to participate in this Program as an Ambassador. You may purchase products through your Ambassador links for your own use. However, such purchases may result (in our sole discretion) in the withholding of Referral Rewards.
6. Prohibited Ambassador Links
Ambassadors may refer, recommend Fruitgrass or use TFG provided links on any communication or web presence whose content does not fall within the definition of Prohibited Content. As used here “Prohibited Content” means (i) pornography or sexually explicit content, (ii) content or material that promotes or glorifies violence, firearms, or other weapons, (iii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iv) materials promoting illegal activities, (v) materials promoting gambling or sales or use of alcohol, tobacco, or firearms, (vi) profane or obscene language, (vii) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights), (viii) defamatory, libelous, obscene, offensive, indecent or harmful materials as determined in TFG’s sole discretion.
7. Website Owners Use of Links/Graphics
You are permitted to place on your site and in your emails, or in other communications, links, banners, or other graphics we provide We will provide you with guidelines, link styles, and graphical artwork to use in linking to Fruitgrass. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and Referral Rewards accrual, we will provide you with special link formats to be used in all links between your site and www.fruitgrass.com. You must ensure that each of the links between your site and ours properly utilizes such special link formats. You will earn Referral Rewards only with respect to product sales on Fruitgrass’ product site occurring directly through these Links or your assigned promotional code. We will only pay Referral Rewards on links that are automatically tracked and reported by our systems. We will not pay Referral Rewards if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay Referral Rewards on business generated through properly formatted special links that were automatically tracked by our systems.
8. Email Users – SPAM is Prohibited
TFG has a ZERO TOLERANCE POLICY for SPAM. If you choose to e-mail Links, you may only send single e-mails to personal contacts you know well and who have previously indicated their willingness to receive such e-mails from you. you may NOT send unsolicited e-mails or mailings to lists or use the Fruitgrass Ambassador Program name and URL via bought commercial bulk email lists. If you are to include Fruitgras’s name or URL in any email promotion, please only email your friends, family, known associates and colleagues and your own “double opt-in” subscribers. Ambassadors who use lists may only use Safelists or other mailing programs such as List Joe, Traffic Speedway, etc.
By entering into this Agreement you represent, warrant and covenant that you will comply fully with all requirements of CAN-SPAM, including, without limitation, prominently labeling your e-mails as advertisements or solicitations, including an unsubscribe link for recipients to opt out of receiving further commercial e-mails from you, including a valid physical postal address for your business, not using any false, misleading or deceptive “From” or “Subject” headers, honoring all opt-out requests you receive within ten (10) days, and not transferring the e-mail addresses of any recipients who have opted out to any third party except as necessary to comply with CAN-SPAM. If TFG requests, you shall use any headers, disclosures, address information and/or unsubscribe links in your e-mails as We may provide from time to time.
9. Calculation of Referral Rewards
TFG will pay you Referral Rewards equal to the then-current amount set by TFG in its sole discretion. Presently that amount is 10% for each box of Fruitgrass bought by internet users who purchase Fruitgrass through our website at www.fruitgrass.com as a direct and immediate result of being referred from a Link on your Ambassador Property or who purchase through our website and enter your Ambassador Promocode in the area designated for coupons at check-out. TFG reserves the right to determine what, if any, amounts are properly due to you in connection with the Program.
10. Reward Payments by PayPal
Referral Cash Rewards are paid via PayPal and only by PayPal. We can not send checks, add credits to credit or debit cards, or send cash. You, the Ambassador, are required to have a PayPal account to receive Referral Cash Rewards. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have an active PayPal account.
11. Payment schedule
Payments are made automatically on the thirtieth (30th) day of each month and only when your account balance reaches $10 or more for the previous months’ transactions. Payments will begin the month following the first month in which you have earned more than $10 in Ambassador income. Any unpaid balances will be added to any balances due in subsequent months. As long as your current Ambassador earnings are over $10, you’ll be paid roughly every 30 days. If you haven’t earned $10 since your last payment, we’ll pay you roughly 30 days after you’ve crossed the threshold. If your Ambassador account never crosses the $10 threshold, your Referral Rewards will not be realized or paid. We are only responsible for paying accounts that have crossed the $10 threshold.
12. Transactions Not Eligible for Referral Fees
You will not be entitled to the Referral Cash Rewards if you fail to provide the Referral Promocode and TFG will not be liable to you with respect to any such failure. Any activities that result, or are likely to result, in invalid transactions are expressly prohibited and are not eligible to earn Referral Fees. Invalid transactions include user transactions that result from (i) unapproved, superseded or out-of-date Links, (ii) Links that have been altered or tampered with, (iii) robotic or other non-human activity, (iv) other fraudulent or deceptive practices or methods that are likely or intended to distort the number or quality of user transactions on our website, or (vii) any other activities or any Ambassador Properties that violate the Program Terms. TFG reserves the right to adjust your Rewards balance. TFG in its sole discretion may withhold payment of Referral Rewards for any user transactions that may be invalid, and We may set off against future Referral Rewards payment amounts previously paid to you in connection with user transactions that TFG has determined to be invalid.
If you have been given Rewards in error or if you believe your Ambassador Account has been the subject of any suspicious activity, please contact TFG immediately. If it is determined you have been the victim of a fraud, the amount of Rewards you have received will be transferred into a new Ambassador Account. We reserve the right to disqualify Referral Rewards earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. TFG reserves the right to investigate any suspicious or inappropriate activity. TFG, in its sole discretion, reserves the right to delay payment of any Referral Reward while it conducts an investigation of any such activity.
13. Limits on Ambassador Advertisements
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you are part of Fruitgrass, Inc., or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Ambassadors may NOT bid on or use keywords, search terms or Google AdWords consisting of, or containing, “Fruitgrass”, “TFG ” “Fruitgrass.com”, any other TFG trademarks or domain names, or any misspellings or confusingly similar variants thereof, whether in connection with the Program or otherwise.
Furthermore, you may NOT use or distribute any advertising or promotional material or any other content that purports to describe the terms or features of TFG’s products or services (including fees, refund policies and/or other terms) unless such content has been provided by TFG (in which case you must use it in the exact form provided, without any modification) or unless it has been previously approved by TFG in writing (in which case you must use it in the exact form approved by Us, without any modification).
Product prices are subject to change without notice. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site.
Because of the nature of the Company’s products, refunds are prohibited except that products damaged in shipping may be returned for a product replacement. Return shipping is at the buyer’s expense.
16. Tax Liability
Any Referral Rewards are net of taxes and any applicable taxes related to or arising out of your participation in the Program must be paid by you and are your sole responsibility,including any taxes, duties and any other governmental charges that may be levied on or in connection with Referral Rewards paid to you. TFG has no obligation to withhold or pay any such taxes or other charges.
By participating in this Program and becoming a Fruitgrass Ambassador, you agree to receive emails from us or other related company site, and to receive periodic newletters from us. Please add this email address to your address book and mark all emails from us as NOT SPAM. This is to ensure that you receive all emails as well as product updates, promotions, Referral Cash Rewards info, etc.
18. Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
19. FTC Compliance
The Federal Trade Commission (the “FTC”) has issued regulatory guidelines governing endorsements and testimonials in blogs and other online communications. These guidelines require, among other things, Internet property owners and other persons engaging in online promotions to disclose their material connections to or affiliation with (and specifically including their receipt of compensation or other incentives from) providers of products or services they post about if the existence of such connections or affiliation is not likely to be clear to consumers or if consumers may be deceived or misled into believing that the posts reflect the unbiased opinions of the speaker. Your blog posts or other online communications that utilize the Links email messages or other contacts will not be misleading or deceptive and will contain clear and conspicuous disclosures (as well as any other disclosures that may be provided by TFG), relating to online advertising, endorsements and/or testimonials.
20. Changes in the Program
TFG reserves the right to change, modify or terminate the Program at any time in its sole discretion. If there are material changes to the Program Terms, We will usually notify you by prominently posting a notice of such changes on the Program area of Our Site, or by sending you an e-mail at the email address currently associated with your account. If the Referral Rewards Program is modified, Rewards earned under any the previous structure will be paid under the previous structure. Notwithstanding the foregoing, your continued participation in the Program and use or distribution of Links and Promocodes following any such change will constitute your consent to the modified Program Terms. Accordingly, we encourage you to review the Program Terms periodically whenever you visit the Site in order to familiarize yourself with the most recent version.
21. Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when your participation is terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause.
Fruitgrass, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Fruitgrass program or service, for any reason at any time. Should we terminate your participation in the Program we will notify you by sending you an e-mail at any e-mail address currently associated with your account. Violation of any of the terms herein will also result in the termination of your Account and for forfeiture of any outstanding Ambassador Referral Rewards payments earned during the violation. Such termination of the Program or your participation in it will result in the deactivation or deletion of your Account. Upon the termination of this Program or your Account for any reason, you shall immediately take down any Links then appearing on your Ambassador Property and must immediately cease use of, and remove from your site, all links to any of our product sites, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Upon program termination of your Account, Fruitgrass will pay any outstanding eligible rewards accrued above $10.
23. Limitation of Liability
IN NO EVENT SHALL TFG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, DATA, INCOME OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, OR OUT OF THE USE OR INABILITY TO USE THE FRUITGRASS INTERNET SITE, EVEN IF TFG OR A TFG AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FRUITGRASS COMPANY, LLC, AND ALL OF ITS AMBASSADOR’S, CONTRACTORS, SUBSIDIARIES AND EACH OF THEIR RESPECTIVE AGENTS, OFFICERS DIRECTORS, SHAREHOLDERS, MEMBERS EMPLOYEES AND ASSIGNES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, ACTIONS AND LIABILITY OF AN KIND RELATING TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ACCEPTANCE, POSSESSION, USE MISUSE OR NONUSE OF ANY REWARDS YOU RECEIVE OR BELIEVE YOU SHOULD RECEIVE.
THE FRUITGRASS COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE FRUITGRASS WEBSITE, AND SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. RELEASEES ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS RELATED TO THE PROGRAM; FOR STOLEN, LOST, LATE OR MISDIRECTED CREDITS; OR FOR REFERRALS, TRANSACTIONS AND/OR EMIALS THAT ARE LOST, MISDIRECTED, FAILURE TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR, INCLUDING INABILITY TO ACCESS ANY WEBSITE ASSOCIATED WITH THIS PROGRAM, OR PROCESS OF ANY TRANSACTION THEREON.
You agree to use the Ambassador Program at your own risk. The Fruitgrass Company, LLC does not make any promises written or implied as to the amount of money that can be made with our Ambassador program. It is your responsibility to make sure your Paypal email address entered for your account is correct. Earnings payments made to the wrong account because of an incorrectly entered ID is your responsibility. Should your account at Paypal be locked or restricted for any reason, that is also your responsibility. TFG will not be held liable.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Fruitgrass sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
25. External Links
TFG has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Fruitgrass Company. Use of any such linked web site is at the user’s own risk.
The logo, service marks, trademarks, and/or trade dress of www.fruitgrass.com are the exclusive property of The Fruitgrass Company, LLC.
27. Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TFG. 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 otherwise, that reasonably would contradict anything in this Section.
28. Governing Law
This Program and these terms and conditions will be interpreted, construed, and enforced in all aspects in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws.
29. Severability and Waiver of Rights
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect. The failure of The Fruitgrass Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
30. Entire Agreement