Affiliate Program Terms

These terms and conditions (these “Terms”) apply to the PACKFRESHUSA affiliate program (“Program”) provided by PackFreshUSA (“PACKFRESHUSA”). By registering to participate in the Program, you acknowledge and agree that you have read all of the terms and conditions set forth in these Terms and you agree to be bound by these Terms.

PACKFRESHUSA reserves the right to change or modify any of the terms and conditions contained in these Terms at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by (a) sending an email to the email address you provide when registering for the Program, (b) posting a notice on our website (“Site”), (c) posting the revised Terms on the Site and revising the date at the top of these Terms, or (d) such other form of notice as determined by PACKFRESHUSA. Your continued participation in the Program will constitute your acceptance of such changes or modifications to these Terms.

If you are accessing the Program in your capacity as an employee, consultant, or agent of a company (or other entity), you represent that you are an employee, consultant, or agent of such company (or other entity) and you have the authority to agree (and be legally bound) on behalf of such company (or other entity) to all of the terms and conditions of these Terms.

For the purpose of these Terms, you and, if applicable, such company (or other entity) constitute “you” or “Affiliate.”

Registration

In order to participate in the Program, you must complete the Program registration form provided via the affiliate platform made available on the Site (“Affiliate Platform”), and you must be accepted into the Program by PACKFRESHUSA. If accepted, we will notify you. You agree to provide accurate, current, and complete information about yourself as prompted by the Program registration forms via the Site.

General Requirements for Acceptance

You must meet the below core requirements in order to be accepted into the Program, but please understand that acceptance is at PACKFRESHUSA’s sole discretion:

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  You must operate a website or business in the United States.

  
  


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  You must have a website and/or social media with established engagement.

  
  


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  You must be in compliance with all of the terms and conditions set forth in these Terms.

  
  


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  Your website or business must not constitute a coupon or offer website/platform.

  
  

License

Subject to the terms and conditions of these Terms and solely during your participation in the Program, PACKFRESHUSA grants you a non-exclusive, non-transferable, limited license to use PACKFRESHUSA’s trade names, trademarks, service marks, symbols, and logos, as well as assets, copy, and discounts provided through the Affiliate Platform (“PACKFRESHUSA Assets”), solely to fulfill your obligations under the Program. All use of the PACKFRESHUSA Assets will inure solely to the benefit of PACKFRESHUSA. Affiliate will promptly notify PACKFRESHUSA of (a) any known unauthorized use of PACKFRESHUSA Assets or (b) any potential infringements of PACKFRESHUSA trademarks or intellectual property.

Obligations and Restrictions

PACKFRESHUSA retains the right to audit affiliate accounts at its sole discretion to ensure compliance with these Terms.

Affiliates found to be in violation of these Terms may have their participation in the Program immediately terminated.

None of the PACKFRESHUSA Assets may be modified without PACKFRESHUSA’s prior written consent.

Affiliates must not misrepresent their relationship with PACKFRESHUSA or use deceptive, misleading, illegal, or unethical practices.

Affiliates may not use techniques such as cookie stuffing, misleading links, automated clicks, or fraudulent SEO services.

Affiliates must obtain written approval from PACKFRESHUSA to bid on PACKFRESHUSA-related keywords or similar keywords.

Affiliates may use any products they choose in private; however, if sharing promotional content on social media or other platforms during PACKFRESHUSA promotions, Affiliates must exclusively feature PACKFRESHUSA products. Any identifiable use of competing brands’ products in promotions will not be accepted, and PACKFRESHUSA reserves the right to address such cases on a case-by-case basis.

Affiliates may promote other brands or products outside of PACKFRESHUSA promotions, provided such promotion does not create confusion, diminish PACKFRESHUSA’s brand image, or directly compare PACKFRESHUSA products with competitors in a misleading way. Affiliates may not bundle PACKFRESHUSA products with competing products in the same advertisement or campaign without prior written approval.

Marketing Guidelines

Affiliates are responsible for all marketing costs related to the Program.

All marketing materials must be approved in writing by PACKFRESHUSA prior to deployment.

Affiliates may not create websites or advertisements that mimic PACKFRESHUSA’s properties without prior written consent.

Affiliates must comply with all applicable laws, including the CAN-SPAM Act and FTC Endorsement Guidelines, and disclose affiliate relationships in promotions.

Emails promoting PACKFRESHUSA must clearly identify the Affiliate as the sender.

PACKFRESHUSA will provide a calendar of sales and promotions in advance to help Affiliates plan their marketing efforts.

Affiliates will be given access to a media vault containing approved assets for use in their campaigns.

Website/Business Restrictions

Your website or business must not:

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  Violate any laws or regulations.

  
  


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  Infringe on any intellectual property rights of PACKFRESHUSA or any third party.

  
  


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  Include obscene, pornographic, or sexually explicit materials.

  
  


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  Contain false, misleading, or deceptive content.

  
  


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  Transmit malware or malicious software.

  
  

Coupon Guidelines

Affiliates may only use coupons provided by PACKFRESHUSA through the Affiliate Platform.

Coupons may only be used on the Affiliate’s website or platform and must not be submitted to third-party coupon websites.

PACKFRESHUSA will not pay commissions for sales generated using non-authorized coupons.

Calculation of Commissions and Payment

Commissions are based on revenue received by PACKFRESHUSA from customer orders tracked via your unique affiliate link.

PACKFRESHUSA will review accounts and process payouts on a quarterly basis.

Accounts with commission balances exceeding $50 will be automatically paid out during the review.

If an Affiliate’s commission wallet is below $50, the balance will carry over to the next payout review period.

Commission payments will be made on a quarterly basis for eligible payouts, as part of the regular account reviews.

PACKFRESHUSA reserves the right to reverse commissions for order cancellations, disputes, or violations of these Terms.

Reporting Violations

If you become aware of any violation of these Terms, you must immediately notify PACKFRESHUSA at [email protected] and provide assistance, as requested, to stop or remedy the violation.

Term and Termination

PACKFRESHUSA reserves the right to terminate your participation in the Program at any time if you violate these Terms or for any other reason at its discretion.

If terminated due to a violation, any outstanding commissions will be forfeited.

If terminated for other reasons, commissions earned up to the termination date will be paid within 90 days.

General Provisions

These Terms constitute the entire agreement between you and PACKFRESHUSA regarding the Program.

These Terms are governed by the laws of the State of California.

PACKFRESHUSA’s total liability under these Terms will not exceed the amounts paid to you during the six months preceding the first claim.

You may not assign these Terms without PACKFRESHUSA’s prior written consent.

For questions, please contact us at [email protected].

PERSONAL INFORMATION WE COLLECT

When you visit the Site or send SMS Messages, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We also collect your phone number and carrier information when you send SMS Messages. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

“SMS messages” are text or media messages sent or received in order to facilitate communication between a customer and the company.

Additionally when you make a purchase or attempt to make a purchase through the Site or SMS Messages, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number, and ordering preferences. We refer to this information as “Order Information.”

We also utilize third-party data providers to provide known marketing and social information using your email and/or phone number. This information helps us improve our products and customer experiences.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site or SMS Messages (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use multiple third-party customer support tools to power our customer support systems. We also use various analytics tools to help us understand how our customers use the Site and communicate with us. We also use third-party secure credit card tokenization to safely and securely store your payment information for subscriptions and re-ordering. We also transmit necessary Order Information to our distribution centers and shipping carriers.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using some of these links:

Facebook & Instagram - https://www.facebook.com/settings/?tab=ads

Google - https://www.google.com/settings/ads/anonymous

Amazon - https://www.amazon.com/adprefs

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info.

MARKETING COMMUNICATIONS

You may opt out of receiving marketing emails from PackFreshUSA Goods by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
You may opt out of receiving text messages (SMS) from PackFreshUSA Goods by replying "stop" to any message.

MOBILE PUSH NOTIFICATIONS

With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below with the subject “GDPR Data Request”.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, primarily to the United States.

DATA RETENTION

When you place an order through the Site or SMS Messages, we will maintain your Order Information and communication history for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected]

EFFECTIVE DATE: November 21, 2022