(Last update: 1/11/2022)

This agreement describes the terms and conditions for participation in the Foodzilla affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Foodzilla refers to the product owner and publisher, Zilla Technologies.

▪️ SECTION 1 - Modification

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 referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

▪️ SECTION 2 - Enrollment

To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed and notified of their acceptance status as soon as possible after their information is reviewed.

Foodzilla reserves the right to decline new applicants without needing to provide a reason.

▪️ SECTION 3 - Affiliate URL

You will be issued a special URL once you become an approved member of the Foodzilla Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

▪️ SECTION 4 - Commissions

Affiliates will receive 20% of the revenue as a commission from paid subscriptions purchased through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions will be paid out for a maximum of 12 months or until termination of subscription by subscriber, whichever comes first. We reserve the right to waive commissions at our discretion during limited time special promotions.

Additional commission rates are available at the discretion of Foodzilla for select affiliates.

For a sale to generate a commission to an Affiliate, the customer must complete the subscription form and remit full payment for the plan purchased through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. 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.

▪️ SECTION 5 - Contact Us

If you have any questions about this agreement, please contact us at [email protected]

▪️ SECTION 6 - Payment

It is the responsibility of the affiliate to provide Foodzilla of the correct payment details to ensure proper commission payments.

We'll take all reasonable steps to comply with local access and privacy laws, to the extent consistent with legal obligations we have under the New Zealand law, where we are based.

▪️ SECTION 7 - Order Fulfillment

Foodzilla will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Foodzilla products from other websites as a “reseller” and no “resale” rights are granted in ANY way. All affiliates understand and acknowledge that no physical products will be shipped.

Customers who purchase services through the Foodzilla Affiliate Program will be deemed to be customers of Foodzilla. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our services may vary from time to time. Foodzilla policies will always determine the price paid by the customer.

▪️ SECTION 8 - Qualifying Sites

Foodzilla reserves the right to refuse any site entry into the Foodzilla Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

• Promote sexually explicit materials
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities
• List coupon codes or discounts that were NOT officially provided to them by Zilla Technologies. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.

▪️ SECTION 9 - Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the affiliate account.

• Affiliates MAY NOT use the Foodzilla logo, logo marks or other Foodzilla website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Foodzilla/Zilla Technologies.
• Affiliates MAY NOT use the term “Foodzilla” in ANY variation in their site URL ex. (http://wendysmithnutrition.com/foodzilla).
• Affiliates MAY NOT promote coupons that were not provided to them personally by Zilla Technologies. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
• Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.

▪️ SECTION 10 - Anti-Spam Policy

Foodzilla strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

• Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
• Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
• Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
• Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
• Keyword hijacking is strictly prohibited. Keyword hijacking is when the affiliate places google ads using our product name and keywords. Violating this rule will result in an immediate ban and disqualification from all unpaid commissions.

Foodzilla, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account Termination: Upon the receipt of a credible complaint, the Foodzilla Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Foodzilla discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected]

▪️ SECTION 11 - Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

▪️ SECTION 12 - Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either Foodzilla or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate, and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Foodzilla websites, and all Foodzilla trademarks and logos, other Foodzilla marks and all other materials provided in connection with this program.

▪️ SECTION 13 - Limitation of Liability

Foodzilla will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures 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 commissions paid or payable to the affiliate under to this Agreement.

▪️ SECTION 14 - Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Foodzilla will not be liable for the consequences of any interruptions or errors.

▪️ SECTION 15 - Miscellaneous

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. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the Foodzilla Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

If you have any questions about this Agreement, please contact us at [email protected]