Partner Program Agreement

Last Update: June 23, 2022

Current Date: May 22, 2024

1. Application Process

This Partnership Programs Agreement (“Agreement”) contains the terms and conditions governing participation in the Green CulturED Partnership Programs (“Programs”) and is entered into by and between Green CulturED, LLC (“Green CulturED”) and you – an approved individual or business-entity applying to join or participating in the Programs.

More information about the Programs may be found at www.GreenCulturED.co.

BY SUBMITTING AN APPLICATION TO JOIN OR BY ACTUALLY PARTICIPATING IN THE PROGRAMS, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOUR CONTINUED PARTICIPATION IN THE PROGRAMS AFTER SUCH MODIFICATIONS WILL CONSTITUTE YOUR ACKNOWLEDGMENT OF THE MODIFIED AGREEMENT AND YOUR CONSENT TO ABIDE AND BE BOUND BY THE MODIFIED AGREEMENT.

To apply for the Programs, you must complete the Partnership Signup Form available on our website:

Ambassador Program: www.GreenCulturED.co/Ambassador-Program

Certified Partner ProgramComing Soon!

Once submitted, Green CulturED will consider your application and notify you of your acceptance or rejection in a timely manner. Acceptance into the Programs is within the sole discretion of Green CulturED and your application may be rejected for reason including, but not limited to determining that your website is unsuitable for and/or inconsistent with the nature of the Programs.

Upon acceptance into the Programs, Green CulturED will provide you with content related to our products, services, and promotions (“Programs Content”). Programs Content will identify you as a partner and will create a link from your website to ours. In utilizing Programs Content, you agree to fully cooperate with Green CulturED in order to establish and maintain links from your website to ours.

Programs Content is the sole and exclusive property of Green CulturED. Upon your acceptance into the Programs, Green CulturED grants you a limited, revocable, worldwide license to display Programs Content on websites under your control for the limited purpose of advertising Green CulturED products, services, and promotions. All other rights in and to the Programs Content are reserved by Green CulturED.

Before going live with any Programs Content online, you agree to first submit your proposed use of the Programs Content to Green CulturED for its review and approval. Only once you have received approval from Green CulturED may you go live with the Programs Content.

EXCEPT AS OTHERWISE AUTHORIZED UNDER THE AGREEMENT OR WITH OUR EXPRESS WRITTEN PERMISSION, YOU ARE NOT AUTHORIZED TO: (1) USE ANY “INTELLECTUAL PROPERTY (IP)” OWNED BY OR UNDER THE CONTROL OF GREEN CULTURED INCLUDING, BUT NOT LIMITED TO PROGRAMS CONTENT, GREEN CULTURED TRADEMARKS (“GREEN CULTURED IP”); (2) USE GREEN CULTURED IP IN ANY URL, METATAG, CODE, KEYWORD, SEARCH TERM, OR OTHER FORM OF ONLINE ADVERTISING; AND (3) CAUSE, CREATE OR ACT IN A MANNER WHICH HAS THE POTENTIAL TO OR ACTUALLY CAUSES CONSUMER CONFUSION REGARDING OWNERSHIP OF GREEN CULTURED IP. 

1. The Application Process

To apply for the Programs, you must complete the Partnership Signup Form available on our website:

Ambassador Program: www.GreenCulturED.co/Ambassador-Program

Certified Partner ProgramComing Soon!

Once submitted, Green CulturED will consider your application and notify you of your acceptance or rejection in a timely manner. Acceptance into the Programs is within the sole discretion of Green CulturED and your application may be rejected for reason including, but not limited to determining that your website is unsuitable for and/or inconsistent with the nature of the Programs.

Upon acceptance into the Programs, Green CulturED will provide you with content related to our products, services, and promotions (“Programs Content”). Programs Content will identify you as a partner and will create a link from your website to ours. In utilizing Programs Content, you agree to fully cooperate with Green CulturED in order to establish and maintain links from your website to ours.

Programs Content is the sole and exclusive property of Green CulturED. Upon your acceptance into the Programs, Green CulturED grants you a limited, revocable, worldwide license to display Programs Content on websites under your control for the limited purpose of advertising Green CulturED products, services, and promotions. All other rights in and to the Programs Content are reserved by Green CulturED.

Before going live with any Programs Content online, you agree to first submit your proposed use of the Programs Content to Green CulturED for its review and approval. Only once you have received approval from Green CulturED may you go live with the Programs Content.

EXCEPT AS OTHERWISE AUTHORIZED UNDER THE AGREEMENT OR WITH OUR EXPRESS WRITTEN PERMISSION, YOU ARE NOT AUTHORIZED TO: (1) USE ANY “INTELLECTUAL PROPERTY (IP)” OWNED BY OR UNDER THE CONTROL OF GREEN CULTURED INCLUDING, BUT NOT LIMITED TO PROGRAMS CONTENT, GREEN CULTURED TRADEMARKS (“GREEN CULTURED IP”); (2) USE GREEN CULTURED IP IN ANY URL, METATAG, CODE, KEYWORD, SEARCH TERM, OR OTHER FORM OF ONLINE ADVERTISING; AND (3) CAUSE, CREATE OR ACT IN A MANNER WHICH HAS THE POTENTIAL TO OR ACTUALLY CAUSES CONSUMER CONFUSION REGARDING OWNERSHIP OF GREEN CULTURED IP.  

2. Promoting Our Relationship

Upon acceptance into the Programs, Green CulturED will provide you with content related to our products, services, and promotions (“Programs Content”). Programs Content will identify you as a partner and will create a link from your website to ours. In utilizing Programs Content, you agree to fully cooperate with Green CulturED in order to establish and maintain links from your website to ours.

Programs Content is the sole and exclusive property of Green CulturED. Upon your acceptance into the Programs, Green CulturED grants you a limited, revocable, worldwide license to display Programs Content on websites under your control for the limited purpose of advertising Green CulturED products, services, and promotions. All other rights in and to the Programs Content are reserved by Green CulturED.

Before going live with any Programs Content online, you agree to first submit your proposed use of the Programs Content to Green CulturED for its review and approval. Only once you have received approval from Green CulturED may you go live with the Programs Content.

EXCEPT AS OTHERWISE AUTHORIZED UNDER THE AGREEMENT OR WITH OUR EXPRESS WRITTEN PERMISSION, YOU ARE NOT AUTHORIZED TO: (1) USE ANY “INTELLECTUAL PROPERTY (IP)” OWNED BY OR UNDER THE CONTROL OF GREEN CULTURED INCLUDING, BUT NOT LIMITED TO PROGRAMS CONTENT, GREEN CULTURED TRADEMARKS (“GREEN CULTURED IP”); (2) USE GREEN CULTURED IP IN ANY URL, METATAG, CODE, KEYWORD, SEARCH TERM, OR OTHER FORM OF ONLINE ADVERTISING; AND (3) CAUSE, CREATE OR ACT IN A MANNER WHICH HAS THE POTENTIAL TO OR ACTUALLY CAUSES CONSUMER CONFUSION REGARDING OWNERSHIP OF GREEN CULTURED IP. 

3. Commissions

Green CulturED will maintain a record of all customers who purchase our products, services, and promotions as a direct result of tracking through Programs Content on your website (“Referred Customer(s)”) and will make this information regularly available to you through our website.
Commissions payable hereunder are conditioned upon you complying with this Agreement. Failure to do so may result in you forfeiting your commissions, your suspension from further participation in the Programs, and/or termination of this Agreement – all of which is within the sole discretion of Green CulturED.

4. Payment

Green CulturED shall process any commissions due hereunder approximately thirty (30) days after the end of the month (commissions are typically issued within five (5) business days of the next month) in which the commission accrued provide you have: (1) provided Green CulturED will all relevant tax information; (2) have accrued at least fifty dollars ($50.00) in commissions; and (3) any refund period applicable to the Referred Customer’s purchase has expired. Should a Referred Customer request a refund from Green CulturED and issue said refund, no commission will be paid to you.

5. Federal Trade Commission Compliance

Green CulturED takes complying with all Federal Trade Commission (FTC) related guidelines very seriously and we expect the same of those participating in the Programs. Specifically, participants in the Programs are expected to adhere to the guidelines set forth in the FTC’s Guides Concerning the Use of Endorsement and Testimonials in Advertising which requires, among other things, that material connections between advertisers and endorsers be disclosed. To better understand the obligations imposed by the FTC on a partnership relationship like that’s created under the Programs, it is recommended that you seek your own independent legal counsel as to how FTC regulations impact your use of Programs Content and your participation in the Programs.

Should Green CulturED determine, in its sole discretion, that your participation in the Programs fails to comply with any law, rule, or regulation including, but not limited to those promulgated by the FTC, Green CulturED may withhold any commission fee which might otherwise be due under this Agreement and/or terminate your participation in the Programs. 

6. CAN-SPAM Compliance

Green CulturED also takes complying with the CAN-SPAM Act of 2003 very seriously and we expect the same of those participating in the Programs. An overview of the CAN-SPAM Act can be found in the FTC’s CAN-SPAM Act: A Compliance Guide for Business. Here again, though, it is recommended that you consult your own independent legal counsel as to how the CAN-SPAM Act impacts your use of Programs Content and overall participation in the Programs.

As a Programs participant, you agree not to publish, transmit, or distribute (under any circumstances) any bulk email without our express prior written consent which may be withheld for any reason. Failure to abide by this section of the Agreement shall be deemed a material breach of these terms and conditions and shall be cause for your immediate expulsion from the Programs. 

7. Your Obligations

You are solely responsible for the development, operation, and maintenance of your website and for all materials being displayed on your website. Notwithstanding the foregoing, Green CulturED shall, from time to time, review your website to ensure that you are in compliance with the terms and conditions of this Agreement. Should Green CulturED, in its sole discretion, determine that you are not in compliance with these terms and conditions, Green CulturED may terminate this Agreement immediately.

8. Our Obligations

Referred Customers shall be considered customers of Green CulturED. To that end, all of our rules, policies, and operating procedures shall apply to our Referred Customers. Green CulturED may, from time to time, change its rules, policies, and operating procedures. The prices of our products, services, and promotions may also change. Because of this, you may or may not be able to include price information related to our products, services, and promotions. However, Green CulturED shall use commercially reasonable efforts to provide you with the most accurate and up-to-date information regarding our offerings.

9. Term

This Agreement shall commence upon our acceptance of you into the Programs and shall continue in full force and effect until it is otherwise terminated by either party. Either party may terminate this Agreement, with or without cause, by providing the other with notice. Should either party provide such notice, termination of the Agreement shall be effective immediately.

Green CulturED reserves the right to remove any partner from the Programs and to suspend this Agreement, at any time and for any reason. Partner removal and suspension of this Agreement are within the sole discretion of Green CulturED. Your participation in the Programs and this Agreement shall automatically terminate (and all commissions otherwise due hereunder shall be forfeited) should you violate the terms of this Agreement and/or any applicable law, rule, or regulation. 

10. Modification

Green CulturED may, in its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall take effect when they are posted to our website. If any modification is unacceptable to you, your sole and exclusive recourse is to terminate this Agreement. Otherwise, your continued participation in the Programs following the posting of our modifications shall constitute your acceptance of these revised terms and conditions.

11. Representations & Warranties

By agreeing to participate in the Programs, you represent and warrant that you have read the terms and conditions of this Agreement and that this Agreement is a legal, binding, enforceable obligation between you and Green CulturED. You represent and warrant that you will cause each of your employees, agents, and contractors to comply with, all state, federal and municipal laws and regulations applicable to its performance under this Agreement.

You represent and warrant that you will not include any content on your website which, in the sole discretion of Green CulturED, is unlawful, harmful, harassing, threatening, defamatory, racist, obscene, or otherwise objectionable and/or in violation of our Terms and Conditions.

You represent and warrant that you are the legal owner of your website and any materials/assets you associate with the Programs Content and the Programs and that there is no threatened or pending claim, action, or proceeding against you alleging, among other things, the infringement of any third party intellectual property right. You represent and warrant that each Referred Customer referred or submitted by you is valid, unique, and not fraudulent. 

11. Indemnification

You agree to indemnify, defend, and hold harmless Green CulturED and its subsidiaries, partners, members, employees, agents, and other owners (“Indemnified Parties”) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (“Losses”) insofar as such Losses are out of, based upon, and/or related to your participation in the Programs.

12. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Green CulturED customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party, not under any obligation of confidentiality to the disclosure hereunder.

Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited. 

13. Limitation of Liability

GREEN CULTURED WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS TO DIRECT DAMAGES, GREEN CULTURED WILL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT.

14. Governing Law

This Agreement is governed by the laws of the State of Colorado, without regard to its conflict of laws principles. By participating in the Programs, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Denver, Colorado with respect to any matter arising out of this Agreement.

15. Partnership Agreement Changes

We may update our Partnership Agreement from time to time. We will notify you of any changes by posting the new Partnership Agreement on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Partnership Agreement. You are advised to review this Partnership Agreement periodically for any changes. Changes to this Partnership Agreement are effective when they are posted on this page.

16. Contact

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our team at Support@GreenCulturED.co or by mail, we may be contacted at: Green CulturED 757 East 20th Avenue Suite 370-439 Denver, Colorado 80205