Revised January 8th, 2020
These Terms and Conditions (the “Agreement”) or (the “Terms”) administrate the Extract Labs Affiliate Program that is made available by Extract Labs LLC (“Extract Labs”, “we” or “us”). These Terms and Conditions constitute the entire agreement and assumed understanding between Extract Labs and the individual and/or other entity who willingly participates in the Affiliate Program (the “Affiliate”, or “you”).
Please thoroughly read this document as it constitutes a legally binding governance between You and Extract Labs. By submitting your application and by participating in the Affiliate Program (the “Program”), you agree to be complicit with the conditions set forth in this Agreement. Extract Labs may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Extract Labs believes is harmful to its business, or for conduct where the use of the Program is harmful to any other party.
2. Referral Tracking
Extract Labs provides tracking links specific to each Affiliate to monitor advertisement and other marketing that routes web and app traffic to Extract Labs. Extract Labs tracks visitors to its site using these Tracking Links using cookies which expire after 30 days. Only users who make a purchase during the first 30 days that cookie is live will be considered payable referrals from the Affiliate and recorded as such in each Affiliate’s Dashboard.
The Affiliate is not authorized to modify or alter the tracking links or the cookies in any way. Any attempt to modify tracking links or site cookies placed by Extract Labs will result in immediate termination of the Affiliate’s account, and will cause the forfeiture of any commissions generated by and unpaid to the Affiliate. Extract Labs is not responsible for any tracking or reporting errors that stem from unauthorized modifications to tracking links or the cookies.
3. Affiliate Fees and Payouts
A referral visit becomes eligible for commission (“Eligible Referral”) at the end of the next calendar month if it meets the following criteria:
i. The referral makes a purchase from extractlabs.com after interaction with affiliate media.
ii. The referral’s purchase occurs in the first 30 days after initial cookie from Extract Labs.
iii. The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
All page loading errors (like 404 errors) will direct traffic to a default Extract Labs error page. This page exists to inform visitors that they are looking for a page that cannot be found, and may occur because of, but not limited to, the following reasons:
iv. Links to expired offers, and obsolete products offered by Extract Labs.
v. Product and service ads offered by third-parties.
vi. Search engine linking issues.
Failure to meet any of the above criteria may void the referral and disqualify the referral from generating current or future commission.
The Affiliate is entitled to receive a one-time payment of no less than 10% commission for each active Eligible Referral that is tallied in the Affiliate’s Dashboard (“Affiliate Fee”). Affiliate Fees are payable only when the Affiliate has at least 3 eligible referral commissions tracked and pending payout in the affiliate dashboard, the total commission from which exceeds $100.00 USD, and is beyond 60 days clear of original affiliate cookie interaction that led to referral purchase.
All Affiliate Fee payments will be payable in $US Dollars$ only, except as otherwise determined by Extract Labs, and at its sole discretion, case-by-case. Extract Labs’ preferred method of payment will be via PayPal, in response to valid invoices generated by the Affiliate Dashboard. The Affiliate is solely responsible for any delays in payment resulting from its failure to provide accurate and up to date payment information.
Tracked commissions will become void, and unpaid Affiliate Fees will be forfeited, after 6 calendar months of non-activity by the Affiliate.
In the event of any activity deemed suspicious by Extract Labs, Extract Labs may delay the payment of Affiliate Fees by up to 4 calendar months to verify the relevancy of transactions. Extract Labs reserves the right to recalculate, void, or disqualify any tracked referrals or Affiliate Fees in the event of, or suspected event of, any fraudulent or otherwise illegal activity.
Referrals for purchases made through Extract Labs promotional or special offers are not eligible for payout. Blackout Days (days in which Extract Labs pays no commissions due to its own event or promotion schedule), are observed sporadically, and at the sole discretion of Extract Labs.
Extract Labs hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Extract Labs logos for the sole purpose of promoting our brand and products within the Terms of the Program. This license expires immediately upon termination of Affiliate participation in the Program.
The Affiliate may only display advertisements that contain Extract Labs logos or products reasonable and within the scope of reasonably good taste. The Affiliate may not use Extract Labs brand property in any manner which, in Extract Labs’ sole discretion, portrays Extract Labs in any negative light.
The Affiliate is responsible for its own marketing activities. All marketing must be professional and must maintain compliance with this agreement and all applicable laws and regulations.
Extract Labs may, without notice, require the removal or modification of any advertisements at its sole discretion.
The Affiliate may terminate its participation in the Program immediately by giving Extract Labs written notice of termination.
Extract Labs reserves the discretion to terminate the Affiliate’s participation in its Program, at any time, for any conduct that is considered to constitute a material breach of this Agreement or for any conduct that Extract Labs, in its sole discretion, deems to be harmful to its business or the business of its partners.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all unpaid Affiliate Fees.
6. Relationship of Parties
Affiliates in this program are independent contractors. Nothing in this Agreement creates any partnership, any employment, any agency definition, or any joint venture relationship between Extract Labs and the Affiliate. The Affiliate has no authority or empowerment to act in legal capacity on Extract Labs’ behalf.
7. Limitation of Liability
The Program is provided by Extract Labs on an “as is” and “as available” and “good faith” basis. Utilization this Program is done at the Affiliate’s own personal and professional risk. Extract Labs expresses or implies no representations or warranties, regarding this Program, or any product, offers, or information provided through the Program.
Use of this Program assumes, on behalf of the Affiliate’s participation, that Extract Labs is not responsible for any criminal or civil damages, any injury, or any other economic loss arising from the Affiliate’s use of this Program. Should the Program be utilized to cause damage or inconvenience to or by the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes full and sole responsibility.
The Affiliate will hold harmless Extract Labs, and indemnify its directors, officers, employees, agents, subsidiaries, and third-parties from any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including related expenses, legal fees, and costs of legal investigation) arising from the Affiliate’s, or any third-party’s, business tactics, operations, or uses of this Program.
Extract Labs may, at its sole discretion, change or modify this Agreement, or to the Affiliate Code of Conduct, at any time, and without required notice. Such modifications will be effective immediately upon update for all Affiliates. The modified version of this Agreement will be located at this web address: https://www.extractlabs.com/affiliate-terms-and-conditions. The Affiliate is responsible for reading this Agreement, for staying up-to-date as to the changes to and contents of the Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse will be to terminate its use of the Program. The Affiliate’s continued utilization of the Program will create binding acceptance of any modifications.
The Affiliate certifies that its age over 21 years, and the person applying to the Program on its behalf is qualified to enter into the Agreement.
The Affiliate certifies that its actions taken, and its participation as an Affiliate in this Program will comply with laws, rules, regulations, and any other requirements of authorities, including Extract Labs, at all times. Extract Labs reserves the right to terminate any Affiliate’s participation in this Program at any time if it determines, at its sole discretion, that the Affiliate’s actions violate any laws, rules, regulations, or any requirements of any related authority.
This Agreement constitutes the entire understanding between Extract Labs and the Affiliate. This Agreement includes the scope and authority of the Extract Labs Affiliate Code of Conduct, to which all Extract Labs affiliate are also bound. This agreement supersedes any other contracts or understandings, verbal, written, recorded, or otherwise, between the parties hereto.
Any dispute arising in relation to this Agreement will be exclusively resolved in the Courts of the State of Colorado, United States of America.