Thank you for considering the Porter Hill Sweets affiliate program. Our affiliates are very important to us. This agreement is designed with you in mind, as well as protecting you, Porter Hills Sweets, and our customers. Please read thoroughly. If you have any questions, please contact us.
This agreement describes the terms and conditions for participation in the Porter Hill Sweets Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “Porter Hill Sweets” refers to Fortvna LLC, a New Hampshire Limited Liability Corporation, with whom you are entering this agreement. By applying to the Porter Hill Sweets Affiliate Program you are confirming that you have read the agreement and agree to the terms and conditions.
Throughout this Agreement, "we," "us," and "our" refer to Porter Hill Sweets, and "you," "your," and "yours" refer to the affiliate.
Usage and Obligations
As we do not ship outside of the United States, the Porter Hill Sweets Affiliate Program is limited to persons, entities, and websites based in the United States only (the person receiving compensation must have a legal address within the US).
Affiliates are not, nor shall they be construed as, employees of Porter Hill Sweets.
To begin the enrollment process, you will complete and submit the online application. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our program, including if it:
- Promotes sexually explicit materials.
- Promotes violence.
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promotes illegal activities.
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are sweets.porterhill.us or any other affiliated business.
You must not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Porter Hill Sweets.
As a member of the Porter Hill Sweets Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our program’s details and download advertising media that provides links to web pages within the sweets.porterhill.us web site. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide.
The operation, development, and maintenance of your site will be solely your responsibility.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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.
For a sale to generate a commission to an affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
The term "sale" means the purchase price of product listed on the sweets.porterhill.us website; excluding tax and shipping.
Payment to affiliates with a minimum balance of $25 USD will be made on the last business day of each month. An affiliate can request a payment when their balance reaches a minimum balance of $25 USD. Payments will be paid out via check mailed to the affiliate's address of record in our database.
In the event a customer requests a refund for a transaction for which the affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the affiliate’s balance.
US Federal and State Tax
Participation in the Affiliate Program may have tax implications. Affiliate compensation in excess of $600 USD will be reported via Form 1099-MISC as non-employee compensation. It is your responsibility to accurately report income earned from the Porter Hill Sweets Affiliate Program.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the affiliate terminates the agreement, no further commissions from Porter Hill Sweets will be paid for any past or future customer transactions.
If we terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 30 days of termination. Balances that are smaller than $25 will be forfeited.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws rules.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of New Hampshire. An award of arbitration may be confirmed in a court of competent jurisdiction.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.