Hemp Paste® is a trademark of MyNutra.com
HEMP PASTE® HAS TWICE THE POWER OF CBD OIL AT HALF THE PRICE!
Have you ever read a contract and been inspired? Probably not.
My Nutra™, the creator of Hemp Paste®, has a very inspiring story and will attempt to turn a typical contract agreement into a road map to inspire and guide you with the main goal of helping people improve their health. Helping others is extremely rewarding. Not only financially, but personally seeing people’s lives improve can actually change your life as well.
My Nutra™ and industry experts believe that Hemp Paste® is going to replace the billion-dollar CBD oil industry, and this is why we are launching 2023 with a new affiliate marketing program.
Our founder, Brad Morehouse, created the saying: If you try to inspire people with something of greatness, but you do not allow people to be part of it, it will go nowhere.
COMMISSIONS AND REPEAT CUSTOMERS
New affiliates will start at a 30% commission from the total goods sold before taxes PLUS a 30% repeat on customers who return for 1 year.
When a customer returns to buy more products, the affiliate will receive an ongoing commission for 1 year which is again another HUGE benefit for the affiliate that most, if not all, companies do not offer.
Google says that the average affiliate commission is between 5% to 30% whereas most companies offer around 7% to 10%. MyNutra affiliate commissions start at 25%. Contact our office to get up-to-date COMMISSIONS OFFER pdf.
SHARE THE INFO
Your work is nearly effortless other than sharing your testimony to the world around you and posting a couple of videos and articles online, to which HempPaste.com contributes a good amount of marketing material.
CUSTOM AFFILIATE LINKS
You will receive a nice custom link to share with the world. For example, HempPaste.com/john
This is a big deal because many company affiliate links look like this one: HempPaste.com/%sid=john.427 which can easily get lost in translation.
PAYDAY IS ONCE A MONTH THROUGH PAYPAL
Affiliates get commission payouts once a month. The first pay period is the first of the month through the last day of the month. Payment is sent on the 4th or the first business day after the 4th of each month.
This concludes Part 1 of this agreement. Grab a cup of Vienna Hemp Roast coffee and read through Part 2, which is a bit less inspiring but critical for running a business.
AFFILIATE AGREEMENT PART TWO
My Nutra™ is the creator of Hemp Paste®. In this agreement wherever the name Hemp Paste® is used, it is also referring to Hemp Paste® and My Nutra™ as a company and/or a product.
SECTION 1 – CODE OF ETHICS
Hemp Paste® has made a commitment to provide the finest direct sales experience backed by impeccable service from its affiliates and company staff. In turn, the Company expects all Hemp Paste® affiliates to reflect that image in their relationships with Customers. As a Hemp Paste® affiliate, you are expected to operate your business according to the highest standards of integrity and fair practice. Failure to comply with the Code of Ethics can result in your termination as an affiliate without warning.
The Code of Ethics, therefore, states:
- I will conduct my business in an honest and ethical manner at all times. As a Hemp Paste® affiliate, you will reflect and represent the Hemp Paste® Company, name, image, and brand at all times in a respectful and dignified manner.
- I will make no representations about the benefits associated with Hemp Paste® brands and products other than those contained in officially approved Company literature and videos, and the official Hemp Paste® website. I will NOT represent Hemp Paste® products as being able to treat, cure, diagnose, or prevent any diseases or illnesses.
- I will abide by all of the Policies and Procedures of Hemp Paste® as included herein, or as may be amended from time to time.
SECTION 2 – INTRODUCTION
2.1 – Policies and Compensation Incorporated into the Hemp Paste® affiliate.
These Policies and Procedures, in their present form and as amended at the sole discretion of Hemp Paste®, are incorporated into and form an integral part of the Hemp Paste® affiliate agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Hemp Paste® Affiliate Online Application and Agreement, these Policies and Procedures, and the Hemp Paste® commission system. These documents are incorporated by reference into the Hemp Paste® affiliate Agreement (all in their current form and as amended by Hemp Paste®).
2.2 – Purpose of Policies
Hemp Paste® is a direct sales company that markets products through its Hemp Paste® affiliates. It is important to understand that your success and the success of your fellow Hemp Paste® affiliates depend on the integrity of those who market our products. To clearly define the relationship that exists between Hemp Paste® affiliates and Hemp Paste®, and to explicitly set a standard for acceptable business conduct, Hemp Paste® has established this Agreement. Hemp Paste® affiliates are required to comply with all of the provisions set forth in this Agreement, which Hemp Paste® may amend at its sole discretion from time to time, as well as with all federal, state, and local laws governing their Hemp Paste® business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by this Agreement. Please review the information in this document carefully because it explains and governs the relationship between you, as an affiliate, and the Hemp Paste® Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the MyNutra® corporate office.
2.3 – Changes to the Agreement
Because laws and the business environment periodically change, Hemp Paste® reserves the right to amend this Agreement, the compensation plan, the product availability, and its prices at its sole and absolute discretion. This provision does NOT apply to the arbitration clause found in Section 7.3, which can only be modified via mutual consent. By signing this Hemp Paste® Affiliate agreement, a Hemp Paste® affiliate agrees to abide by all amendments or modifications that Hemp Paste® elects to make. Amendments shall be effective 30 days after publication of notice of amendments in any official Hemp Paste® materials. Hemp Paste® shall provide or make available to all Hemp Paste® Affiliates a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Hemp Paste® Company official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) special mailings; (e) or announced at Hemp Paste® affiliates. The continuation of a Hemp Paste® Affiliate business or a Hemp Paste® Affiliate acceptance of bonuses or commissions constitutes acceptance of any and all amendments made by Hemp Paste®. Hemp Paste® reserves the right to terminate all Hemp Paste® Affiliate Agreements upon 30 days' notice if the Company elects to (1) cease business operations; (2) discontinue selling products through a Direct Selling model, or (3) dissolve as a business entity.
2.4 – Delays
Hemp Paste® shall not be responsible for delays or failures in the performance of its obligations when performance is made commercially impracticable due to circumstances beyond reasonable control. This includes, without limitation, strikes, labor difficulties, theft, riot, war, fire, deaths, curtailment of a party’s source of supply, government decrees or orders, and acts of God.
2.5 – Policies and Provisions Severable
If any provision of this Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of this Agreement.
2.6 – Waiver
Hemp Paste® never gives up its right to insist on compliance with this Agreement and with the applicable laws governing the conduct of a business. No failure of Hemp Paste® to exercise any right or power under this Agreement or to insist upon strict compliance by a Hemp Paste® Affiliate with any obligation or provision of this Agreement, and no custom or practice of the parties at variance with the terms of this Agreement, shall constitute a waiver of Hemp Paste® right to demand exact compliance with this Affiliate Agreement. A waiver by Hemp Paste® can be affected only in writing by an authorized agent or officer of the Hemp Paste® Company. Hemp Paste® waiver of any particular breach by a Hemp Paste® Affiliate shall not affect or impair Hemp Paste® rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Hemp Paste® Affiliate(s).
SECTION 3 – BECOMING A HEMP PASTE® AFFILIATE
3.1 – Requirements to Become a Hemp Paste® affiliate.
To become a Hemp Paste® Affiliate, each applicant must:
3.1.1 – Be at least 18 years of age;
3.1.2 – Have a valid Social Security or Tax ID number
3.1.3 – Must have a valid market plan through social media, blog, video channel, or personal contacts.
Hemp Paste® reserves the right to reject any applications to become a Hemp Paste® Affiliate.
3.2 – Hemp Paste® Affiliate Benefits
Once an individual has been accepted to become a Hemp Paste® Affiliate by Hemp Paste®, the following benefits immediately become available to them:
3.2.1 – Free training and office and video support
3.2.2 – Their own custom Affiliate link.
3.2.3 – Their own backend office
3.2.4 – 30% commission on all retail orders for up to 1-year
SECTION 4 – Hemp Paste® AFFILIATE SPECIFICS
4.1 – Identification
All Hemp Paste® Affiliates are required to provide their Social Security Number or Federal Tax Identification Number to Hemp Paste®.
Upon enrollment, Hemp Paste® will provide a unique Hemp Paste® Affiliate Identification Number to the Hemp Paste® Affiliate by which he or she will be identified. This number will be used to place orders as well as track commissions.
Personal purchases made by Hemp Paste® Affiliates will be paid at full price and then commissioned later. This will be your affiliate discount.
4.2 – Independent Contractor Status
Hemp Paste® Affiliates are independent affiliates and are not purchasers of a franchise. The agreement between Hemp Paste® and Hemp Paste® Affiliate does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. Hemp Paste® Affiliate shall not be treated as an employee for his or her services or for federal or state tax purposes. All Hemp Paste® Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as a Hemp Paste® Affiliate of Hemp Paste®. Hemp Paste® Affiliates have no authority (expressed or implied) to bind Hemp Paste® to any obligation. Each Hemp Paste® Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Hemp Paste® Affiliate Agreement Form, these Policies and Procedures, and applicable laws.
The name of Hemp Paste® and other names as may be adopted by Hemp Paste® are proprietary trade names, trademarks, and service marks of Hemp Paste®. As such, these marks are of great value to Hemp Paste® and are supplied to Hemp Paste® Affiliates for their use only in an expressly authorized manner and to advertise their independent businesses. Advertising is not limited to just print media; it also includes internet advertising and other forms of advertising.
4.3 – Indemnification
A Hemp Paste® Affiliate is fully responsible for all of his or her verbal and written statements made regarding Hemp Paste® products, services, and the Compensation Plan that are not expressly contained in official Hemp Paste® materials and on the official Hemp Paste® website. Hemp Paste® Affiliates agree to indemnify the Hemp Paste® Company, its owners, directors, officers, employees, and agents, and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Hemp Paste® as a result of the Hemp Paste® Affiliate unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
4.4 – Non-Compete and Non-Solicitation Policies
During the term of this Affiliate Agreement and for a period of one year after cancellation or termination, Hemp Paste® Affiliate may NOT recruit other Hemp Paste® Affiliate, Merchants, or customers for any reason or business venture. In short, leave our customers alone.
4.5 – Retail Sales
Hemp Paste® wants to ensure that prices for its products are not destabilized when sold through a retailing environment. Therefore, Products sold in a retail environment will be subject to the minimum advertised retail price on the Hemp Paste® website. Any Hemp Paste® Affiliate who knowingly fails to honor the minimum price set by Hemp Paste® for its products will be subject to termination in accordance with Section 4, Exhibit 4.6 – Non-Compete Policy.
4.6 – The Hemp Paste®/MyNutra® Trademark
A Hemp Paste® Affiliate may not use or attempt to register any of Hemp Paste® trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name, or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, email addresses, web pages, or blogs.
4.7 – Social Media Restrictions
Social Media sites may be used to promote Hemp Paste® products. ANY PROFILES A Hemp Paste® AFFILIATE GENERATES IN ANY SOCIAL COMMUNITY WHERE Hemp Paste® IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE Hemp Paste® AFFILIATE AS SUCH, SPECIFICALLY A Hemp Paste® AFFILIATE. Because a Hemp Paste® Affiliate is supposed to reflect and represent the Hemp Paste® Company, name, image, and Brand, when participating in those communities, Hemp Paste® Affiliate must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at Hemp Paste®’ sole discretion, and offending Hemp Paste® Affiliate will be subject to possible disciplinary action in violation of and in accordance with the Section 1 Code of Ethics. If links are provided, they must link to the posting Hemp Paste® Affiliate URL website or an approved third-party website.
- Anonymous postings or use of an alias on any Social Media site are prohibited.
- Hemp Paste® Affiliate may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments Hemp Paste® Affiliate create or leave must be tasteful, useful, unique, relevant, and specific to the blog’s article.
- Hemp Paste® Affiliate must disclose their full name on all Social Media postings and conspicuously identify themselves as an independent Hemp Paste® Affiliate for Hemp Paste®. Anonymous postings or the use of an alias are prohibited.
- Postings that are false, misleading, misrepresentative of Hemp Paste®, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Hemp Paste®/ Hemp Paste® Affiliate income opportunity, Hemp Paste® products, and services, and/or your biographical information and credentials.
4.10 – Laws and Ordinances
Hemp Paste® Affiliate shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances are not applicable to Hemp Paste® Affiliates because of the nature of their business. However, Hemp Paste® Affiliates must obey those state laws that do apply to them. If a city or county official tells a Hemp Paste® Affiliate that an ordinance applies to him or her, the Hemp Paste® Affiliate must comply with the law.
4.11 – Minors
Hemp Paste® Affiliate shall not enroll or recruit individuals under the age of 18 into the Hemp Paste® business opportunity.
4.12 – Actions of Household Members or Affiliated Individuals
If any member of a Hemp Paste® Affiliate household, family, or other affiliated individual engages in any activity that, if performed by the Hemp Paste® Affiliate, would violate any provision of the Agreement, such activity will be deemed a violation by the Hemp Paste® Affiliate and Hemp Paste® may take disciplinary action pursuant to the Statement of Policies against the Hemp Paste® Affiliate.
4.13 – Health Claims and Testimonials
In December 2009, the FTC released “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. The guidelines make clear that any Hemp Paste® Affiliate who provides a testimonial or endorsement about their experience with our products will be viewed as a statement from the Company. Hemp Paste® Affiliate shall never state or imply that any of the Hemp Paste® products can be used to treat, cure, diagnose, or prevent any diseases or illnesses. Hemp Paste® products are not FDA-approved as drugs; thus, our products cannot be marketed in this fashion.
4.16 – Consent to Images and Recordings
During the term of this Hemp Paste® Affiliate Agreement, Hemp Paste® Affiliate agrees to permit Hemp Paste® the use of photographs, videos, and other recorded media of their likenesses for promotional purposes and to recognize Affiliate achievements. Hemp Paste® Affiliate acknowledges and agrees to allow any such recorded media to be reproduced, published, distributed, broadcast, exhibited, and/or in any other way used by Hemp Paste® for any lawful purpose, and without compensation.
4.17 – Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
SECTION 5 – Hemp Paste® AFFILIATE RESPONSIBILITIES
5.1 – Income Taxes
Every Hemp Paste® Affiliate is responsible for paying local, state, and federal taxes on any income generated as a Hemp Paste® Affiliate. If a Hemp Paste® business is tax-exempt, a Federal Tax Identification Number must be provided to Hemp Paste®. Every year, Hemp Paste® will provide an IRS Form 1099 (non-employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year or (b) made purchases during the previous calendar year in excess of $5,000 wholesale. Hemp Paste® cannot accept a tax-exempt certificate from a Hemp Paste® Affiliate who resides in a state where tax-exempt status is not granted for Direct Sales businesses. Hemp Paste® Affiliates are encouraged to check with their state government before sending a form to Hemp Paste®.
5.2 – Earning Customers
Hemp Paste® Affiliates have a great opportunity to build their own customer base. Hemp Paste® doesn’t restrict how an Affiliate gains customers except for those called out in this Affiliate Agreement. As such, “Cold calls” made to prospective customers or Hemp Paste® Affiliates that promote either Hemp Paste® products or services or the Hemp Paste® business opportunity constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer or Hemp Paste® Affiliate (a “prospect”) is permissible under the following situations:
- They’ve consented to be contacted either through social media, email, or in-person
- They’ve signed up to receive more information from you.
5.2 – Training
Hemp Paste® Affiliates are individually responsible for getting the training that they need either through watching video tutorials or reading the content on HempPaste.com
All of these are offered by Hemp Paste® free of charge and provide Hemp Paste® Affiliates with an intimate and working knowledge of the business, the business opportunity, Hemp Paste® products, effective sales and marketing techniques, and compliance with Company Policies and Procedures.
5.3 – Change of Address or Telephone
It is critically important that Hemp Paste® files are current and up to date. Hemp Paste® Affiliates planning to move should update their personal information via their Hemp Paste® Back Office to ensure the proper delivery of products, support materials, and commission checks.
5.4 – Errors or Questions About Commission
5.4a. Errors or Questions if a Hemp Paste® Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, downlines, or reports, Hemp Paste® Affiliate must notify the Hemp Paste® headquarters by email to firstname.lastname@example.org, before the last day of the month the order was placed due to the possibility that sale/ customer purchased from the wrong distributor. Hemp Paste® will not be responsible for any errors, omissions, or problems not reported to the Company after commissions were paid out. The email notification is NOT valid unless the office replies to it. For any reason, if you feel the email was not seen then please call our office.
5.4b. Accounting department error. In the event that Hemppaste.com has a software error or the accounting department error, any payments that are over or under the correct amount will be adjusted on the next pay period. HempPaste.com will notify the distributor of such errors by email.
5.5 – Non-disparagement
Hemp Paste® wants to provide its Hemp Paste® Affiliates and customers with the best products, compensation plans, and services in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the Hemp Paste® corporate offices. While Hemp Paste® welcomes constructive input, negative comments and remarks made in the field by Hemp Paste® Affiliate about the Company, its products, or its Compensation Plan serve no purpose other than to sour the enthusiasm of Hemp Paste® customers. For this reason, Hemp Paste® Affiliate must not disparage, demean, or make negative remarks about the Hemp Paste® Company, other Hemp Paste® Affiliates, Hemp Paste® products, the business opportunity, the Compensation Plan and bonus systems, the owners, or any Hemp Paste® investors, directors, officers, employees or agents.
5.6 – Reporting Policy Violations
Hemp Paste® Affiliate observing a policy violation by another Hemp Paste® Affiliate should submit a written report of the violation directly to the attention of the Hemp Paste® Compliance Department. Details of the incident(s), such as dates, number of occurrences, persons involved, and any supporting documentation, should be included in the report.
5.7 – Unclaimed Commissions
Hemp Paste® Affiliate must deposit or cash commission and bonus checks within 90 days from their date of issuance. A check that remains uncashed after 90 days will be void. DO NOT call our office and ask for a replacement check! It is your responsibility to deposit the check and if you fail within 90 days then it will be your loss.
SECTION 6 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
6.1 – Disciplinary Sanctions
Violation of this Affiliate Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by a Hemp Paste® Affiliate may result, at Hemp Paste®’s discretion, in one or more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the Hemp Paste® Affiliate to take immediate corrective measures;
- Involuntary termination of the offender as a Hemp Paste® Affiliate;
- Any other measure expressly allowed within any provision of this Affiliate Agreement or that Hemp Paste® deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Hemp Paste® Affiliate policy violation or contractual breach; or
- In situations deemed appropriate by Hemp Paste®, the Company may institute legal proceedings for monetary and/or equitable relief.
6.2 – Grievances and Complaints
When a Hemp Paste® Affiliate has a grievance or complaint with another Hemp Paste® Affiliate regarding any practice or conduct in relationship to their respective Hemp Paste® businesses, the complaining Hemp Paste® Affiliate should first report the problem to the Hemp Paste® corporate office, who should review the matter and try to resolve it. Call 1-855-656-8872
6.3 – Arbitration
Any controversy or claim arising out of or relating to this Hemp Paste® Affiliate Agreement, or the breach thereof, shall be settled by confidential arbitration and administered by a recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Hemp Paste® Affiliate waives all rights to trial by jury or to any court. All arbitration proceedings shall be held in the City of St. George, Utah unless the laws of the state in which a Hemp Paste® Affiliate resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure.
NO CLASS ACTION, OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER, OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. Hemp Paste® AFFILIATE WAIVE ALL RIGHTS TO CLASS ACTION PARTICIPATION. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Association provides. The prevailing party shall be entitled to receive from the losing party, OR 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 of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Hemp Paste® Affiliate Agreement. Hemp Paste® Affiliate will keep all arbitration activities confidential. Nothing in these Policies and Procedures shall prevent Hemp Paste® from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Hemp Paste® interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
6.4 – Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in St. George, Utah. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Hemp Paste® Affiliate Agreement.
6.5 – Louisiana Residents
Notwithstanding the foregoing, Louisiana residents may bring an action against the Hemp Paste® with jurisdiction and venue as provided by Louisiana law.
SECTION 7 – CANCELLATION
7.1 – Effect of Cancellation
So long as a Hemp Paste® Affiliate remains active and complies with the terms of the Hemp Paste® Affiliate Agreement and these Policies and Procedures, Hemp Paste® shall pay commissions and bonuses to such Hemp Paste® Affiliate in accordance with the Compensation Plan. A Hemp Paste® Affiliate bonuses and commissions constitute the entire consideration for the Hemp Paste® Affiliate efforts in generating sales and all activities related to generating sales.
Following a Hemp Paste® Affiliate termination, voluntary or involuntary termination of his or her Hemp Paste® Affiliate Agreement (all of these methods are collectively referred to as “termination”), the former Hemp Paste® Affiliate shall have no right, title, claim or interest to the direct marketing organization that he or she operated, or any commission or bonus from the sales generated by that organization. A Hemp Paste® Affiliate whose business is terminated will lose all rights as a Hemp Paste® Affiliate.
Following a Hemp Paste® Affiliate termination of his or her Hemp Paste® Affiliate Agreement, the former Hemp Paste® Affiliate shall not represent themselves as a Hemp Paste® Affiliate. A Hemp Paste® Affiliate whose Hemp Paste® Affiliate Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
7.2 – Involuntary Termination
A Hemp Paste® Affiliate violation of any of the terms of this Hemp Paste® Affiliate Agreement, including any amendments that may be made by Hemp Paste® in its sole discretion, may result in any of the sanctions listed in Section 7.1, including the involuntary termination of his or her Hemp Paste® Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed, or delivered by a courier to the Hemp Paste® Affiliate's last known address (or fax number), or to his or her attorney, or when the Hemp Paste® Affiliate receives actual notice of termination, whichever occurs first.
7.3 – Voluntary Termination
A Hemp Paste® Affiliate has a right to cancel, at any time, regardless of the reason. Termination must be submitted in writing to Hemp Paste® via email to email@example.com. The written notice must include the Hemp Paste® Affiliate signature, printed name, address, and Hemp Paste® Affiliate ID number. Hemp Paste®
7.4 – Complete Agreement
These Policies and Procedures, any and all modifications made by the Company, along with the Terms and Conditions, make up the entire Hemp Paste® Affiliate Agreement between a Hemp Paste® Affiliate and the Hemp Paste® Company. By becoming a Hemp Paste® Affiliate, applicants are agreeing to the terms of this Hemp Paste® Affiliate Agreement.
SECTION 8 – MUTUAL NON-DISCLOSURE AGREEMENT
This Agreement is entered into as of the signed date, the “Effective Date”, by and between Brad Morehouse representing My Nutra™ Hemp Paste®, hereinafter known as “Party A”, and _____________________, hereinafter known as “Party B”.
WHEREAS Party A and Party B, hereinafter known as the “Parties”, have an interest in participating in discussions wherein either Party may share information with the other that the disclosing Party considers being proprietary and confidential to itself (“Confidential Information”); and
WHEREAS the Parties agree that Confidential Information of a Party may include, but not be limited to, that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products,
patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information;
NOW, THEREFORE, the Parties agree as follows:
- Either Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate.
- When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of 5 years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who have access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
- All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. Confidential information includes the proprietary trademark and likeness of all Hemp Paste® products. Including canna paste, cannabis paste, marijuana paste, CBD paste, and any likeness thereof which is under the Intellectual Property of My Nutra™ Hemp Paste®. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
- The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without the use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for its products, concepts, systems, or techniques that are similar to or compete with the products, concepts, systems, or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.
- Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:
(a) Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party;
(b) Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents;
(c) Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder;
(d) Is approved for release (and only to the extent so approved) by the disclosing Party; or
(e) Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.
- Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.
- Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.
- This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.
- This Agreement shall remain in effect for a period of 5 years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this Agreement.
EXECUTION OF THIS AGREEMENT MUST BE AS FOLLOWS:
IN WITNESS WHEREOF, the parties have indicated their acceptance of the terms of this Agreement by responding to the official email with the following:
- The company MyNutra has sent this document via email to AFFILIATE from an official company email from Hemppaste.com.
- AFFILIATE MUST respond within 7 business days with the following reply. I ________ agree to the terms of this agreement that is attached to this email. My address is _______________________________.
Example: I, John Hancock, agree to the terms of the attached agreement. My Address is 1234 Happy trails lane, Denver, Co, 96123