Sable's Foods Affiliate Program Contract Terms and Conditions

If you are joining the Sable’s Foods Affiliate Program, you must read and agree to the following terms.

This agreement (this “Agreement”) contains the complete terms and conditions that apply to an individual's or entity's participation in the Sable’s Foods Affiliates Program (the “Program”). As used in this Agreement, “we”, “our”, “us”, and “Sable’s Foods” each refers to Sable-Hunt, LLC, the owner of Sable’s Foods, and “you” means the applicant. “Site” means a world wide web site and, depending on the context, refers either to the SablesFoods.com site, located at the URL www.SablesFoods.com, or to any site that you will link to our site (and which you will identify in your Program application).

Administration

The Program is administered by Sable’s Foods. To contact us, please email us at info@SablesFoods.com subject line “Affiliate Program”.

Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via our site using the “Join our Affiliate Program” page. We will evaluate your application and will notify you of your acceptance or rejection. You must specify the address (URL) of the world wide web site if you plan to use affiliate links on a site. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that we determine:

• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• promote illegal activities
• promote competing products
• include “Sable’s Foods” or variations or misspellings thereof in their domain names
• otherwise violate intellectual property rights

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

Links on Your Site

We will provide you with guidelines and graphical artwork to use in linking to our site. To permit accurate tracking, reporting, and referral commissions, we will provide you with special “tagged” link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly use such special link formats. Links to our site placed on your site pursuant to this Agreement and that properly use such special link formats are referred to as “Special Links”. You will be eligible to earn commission only with respect to activity on our site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be payable to you pursuant to this Agreement.

You acknowledge that, by participating in the Program and placing any of the above links within your site, Sable’s Foods may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Sable’s Foods program constitutes your specific and unconditional consent to and authorization for Sable’s Foods’ access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in Sable’s Foods Privacy Notice.

Links in Emails: NO SPAM

We support the use of email to develop the Sable’s Foods community. Emails must be either to recipients whom you know, or those with whom you have some pre-existing relationship (such as visitors to your site), or to recipients who have explicitly expressed an interest in receiving offers of this type (e.g., members of opt-in email lists). We will not tolerate the sending of unsolicited bulk emails that promote or refer to Sable’s Foods and may terminate this Agreement if you do so. Other prohibited forms of advertising include postings to non-commercial newsgroups (unless they are directly related to the current message thread) 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. We may immediately cancel your status as a Program participant (each, an “Affiliate” as to any Affiliate who we determine in our sole discretion, breaches any of these rules, and any and all outstanding commissions WILL BE FORFEITED and reapplication may not be permitted. Stay Safe, Don't SPAM. We will NOT revoke Affiliate status to avoid payment of owed or future commissions.

Order Processing

We will process orders placed by Customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will process payments and handle customer service. We will track order sales made to Customers by using Special Links from your site to our site. If a new, unique customer of Sable’s Foods uses your Special Links to get to our site, we will tag that customer as referred by you (each, a “Customer”), and we will track each such Customer’s sales orders on our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.

Commission Fees

We will pay you (in accordance with specific sections below) commission on sales placed by your Customers. For a sale to be eligible to earn a commission, the customer must have been tagged to you by clicking-through a Special Link from your site to our site before the customer has been tagged by another Affiliate. We will only pay commission on orders placed by your Customers (those tagged to you) after payment has irrevocably occurred.

You may not receive commissions on orders you place or orders purchased for your own use.

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site. (e.g., by implementing any “rewards” program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; or (g) make any medical claims regarding Sable’s Foods products. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commissions otherwise payable to you under this Agreement and/or terminate this Agreement.

Earned Commissions And Payment

Your Earned Commissions will be calculated as 20% of the order sales price paid by your Customers, excluding taxes, shipping and handling fees, based on Qualifying Revenues. “Qualifying Revenues” are revenues derived by us from our sales of Nutritional Empowerment Bars to your Customers, excluding costs for taxes (if any), returns, chargebacks, bad debt, shipping or handling fees.

Earned Commissions are paid on orders received and paid for in full and are net of any refunds or chargebacks. On Sable’s Foods website, orders are placed and payment is received immediately via credit card transactions. Affiliate payment checks are then paid weekly and take approximately 5 to 7 days in transit. Any Earned Commissions due to you will be paid online from Sable’s Foods in US Dollars. We will not issue payment in any other currency.

Policies and Pricing

Customers who purchase through this Program will be deemed to be customers of Sable’s Foods. Accordingly, all Sable’s Foods rules, policies, and operating procedures concerning customer orders and customer service will apply to such customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies.

We may from time to time change the Earned Commissions percentages of Qualifying Revenues that are paid as Earned Commissions a part of this Agreement. However, changes to such percentages will not reduce your Earned Commissions on orders sold before any such percentage change.

Identifying Yourself as an Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program without express permission from Sable’s Foods; 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, 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 Sable’s Foods supports, sponsors, endorses, or contributes money to any charity or other cause).

Limited License

We grant you a nonexclusive, revocable right to use the graphic images and text that comprise Special Links and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating subscription sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

• the technical operation of your site and all related equipment
• creating and posting Sable’s Foods Specialty Link and product descriptions provided to you
• the accuracy and appropriateness of materials posted on your site (including, among other things, all Sable’s Foods related materials)
• ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
• ensuring that materials posted on your site are not libelous or otherwise illegal
• ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

Term of the Agreement and Termination

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party or, if not sooner terminated, on the 5th anniversary of our acceptance of your Program application. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Sable’s Foods 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.

You are eligible to earn commission only on orders that occur during the term of this Agreement. Earned Commissions earned on sales paid for through the date of termination will remain payable only if the related orders are not canceled, revoked, or otherwise charged back. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, 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 referral fees paid or payable to you under this Agreement.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Connecticut, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Connecticut, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. 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.

Privacy Policy

We keep a copy of the original information you used to join the account. We only use the information you submit to maintain your account. That is, to make your commission payments and to communicate changes in our program. We will notify you of new banners and or text links to facilitate promotion of Sable’s Foods. We do not now nor will we in the future, sell, rent or otherwise make your personal information available to anyone.