Mitragaia LTD – Terms and Conditions
MITRAGAIA LTD provides their services to you contingent on the following conditions. If you visit or make purchases on this website, you accept these terms and conditions. Please read them carefully.
Seller possesses the right to change these terms at any time and without notice to Buyer. “Seller” refers to MITRAGAIA, the website www.mitragaia.com, and all persons in association with MITRAGAIA; “Buyer” refers to the individual, company, firm, or other legal entity purchasing the Goods from the Seller for any and all purposes; “Goods” refers to any and all of the material or products which are the subject of the contract; and “Contract” refers to a mutual agreement between the Seller and Buyer in exchange for the sale of Goods.
Please view our Terms & Privacy page to view our privacy notice which also governs your visit to our website and understanding of our practices. By reading these pages, you accept these terms and conditions.
Introduction and Disclaimer
WARNING: Mitragyna speciosa has not been approved by the US Food and Drug Administration (FDA) and, therefore, is not intended to diagnose, treat, cure, or prevent any disease. See Import Alert 54-15 issued by the FDA for more information.
This product contains chemicals known to the state of California to cause cancer, birth defects, or other reproductive harm. More specifically, Nickel, Arsenic, and Lead. For more information, please visit www.p65warnings.ca.gov.
There is a lack of research on kratom/Mitragyna Speciosa, and there are currently no FDA-approved uses for kratom. MITRAGAIA does not promote or endorse the medicinal use of Mitragyna Speciosa. The information on our website is not medical advice and should not be taken as such. Buyers should be aware that consuming Mitragyna Speciosa can lead to documented health risks and also has addictive potential.
Our company does not endorse any medical claims or statements regarding our products. Our website also does not endorse or claim legal advice. Please do your research on Mitragyna speciosa and legal policies regarding the herb in your country and state in advance.
Use of Mitragaia Products, Age & User Representations
- Use of Mitragaia Products and User Representations – Buyer acknowledges and abides by as follows: you are 21 years of age or older; you meet the age of majority where you reside as well as the legal age requirement to buy Mitragyna speciosa if designated by your state or local laws.
- We require a date of birth as part of the ordering process in order to check for this age requirement.
- The Buyer agrees at the time of purchase that all orders may be subject to the requirement of adult signature or other proof of age of Buyer prior to or on date of delivery.
- As of March 1, 2022, Utah, Nevada, South Dakota, and Tennessee require you to be 21 years of age or older to purchase kratom. There may be pending legislation in your state that may affect the age requirement to purchase any product containing Mitragyna speciosa. Please check with your state requirements.
- Use. Buyer will not hold Seller responsible for any consequence, whether seen or unforeseen nor will the Buyer hold Seller accountable for any harm or injury resulting from their use of our products. Mitragyna speciosa has not been approved by the US Food and Drug Administration (FDA) and, therefore, is not intended to diagnose, treat, cure, or prevent any disease. See Import Alert 54-15 issued by the FDA for more information.
MITRAGAIA actively enforces the restrictions of any City, County, or State prohibiting the sale or distribution of our products.
Product Use & Handling
Mitragyna speciosa is not approved as a supplement or dietary ingredient by the FDA. For this reason, we do not supply any directions for use for consumption on our product packaging or on this website, nor do we endorse any use of our Goods for medical purposes.
By purchasing our Goods, the Buyer fully agrees to these terms and understands their meaning. All customers are entirely liable for the research and due diligence they carry out on the intended use of the Goods we carry. Buyers are responsible for knowing the risks and issues associated with Mitragyna speciosa.
Product Descriptions & Content
Mitragaia and all employees strive to be as accurate as possible. However, Mitragaia does not warrant that any product descriptions or other content of this site are accurate, reliable, complete, current, or free of errors. If a product offered by Mitragaia itself is not as described, you may return it only if it is in an unopened, unsealed, and unused condition.
Any information on this website is presented entirely as general information and the opinions of their corresponding authors who in which do not claim in any way, shape, or form to be medical professionals providing any medical advice. The information is not advice and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied. Miitragaia.com and its owners or staff will not be liable for, and cannot be held responsible for, the inaccuracy or application of any information provided on the website.
Customer Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mitragaia reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Mitragaia and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mitragaia and its associates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Mitragaia or its associates for all claims resulting from content you supply. Mitragaia has the right but not the obligation to monitor and edit or remove any activity or content.
Mitragaia takes no responsibility and assumes no liability for any content posted by you or any third party. Mitragaia does not promote or endorse any claims regarding product usage, treatment, or medical claims in any reviews, comments, or other content from visitors and customers. Furthermore, visitors should not take any reviews, comments, or other web content as medical advice.
Regulation and Risk of Loss
Buyer is fully responsible for any and all local laws pertaining to the purchase of Goods. Seller declares the offer of Goods void where prohibited. If Goods are lost during transport to Buyer, due to Buyer negligence to obey all applicable laws, whether local or otherwise, Seller deems loss of Goods the responsibility of the Buyer. Any risk of loss is immediately transferred to Buyer upon purchase of Goods.
The billing and shipping information given to the Seller are affirmed by the Buyer and are said to be both truthful and accurate. Buyer confirms all personal information given is solely Buyer’s Information and is not that of any third party.
Right to Refuse Sale
We cannot ship kratom products to any states or counties in which kratom is illegal. Seller may refuse sale or service to anyone for any reason.
Goods will never be shipped to Buyers in the state of Alabama, Arkansas, Indiana, Rhode Island, Vermont, or Wisconsin and in any cities or counties that have banned sales of Mitragyna speciosa or its components, including Denver (CO), Sarasota County (FL), San Diego & Oceanside (CA), Alton, Edwardsville County & Jerseyville (IL), Columbus & Union County (or any of the counties or cities that have banned kratom in Mississippi), Ontario, (OR).
Seller will make all efforts to ship Goods to Buyer in an expeditious manner. In the event that a delay occurs, the Buyer acknowledges that the Seller is not liable.
SHIPPING / REFUNDS / RESHIPPING Policy: There is No USPS shipping on Sundays and federal holidays, as USPS will not collect mail on Sundays and federal holidays. MITRAGAIA can only guarantee to ship from our facility. Once your order leaves our facility, we can no longer be held responsible for its destination arrival time. We will, however, do everything in our power to assist you in ensuring your package arrives successfully.
Every effort is made to ship the same day for confirmed orders received Monday through Friday, before 2:00 pm EDT. Orders over 10 pounds or totaling more than $3500.00 may be held until payment is received from your bank.
Email confirmation is sent from email@example.com once the Buyer’s order has been packed and the label has been printed. Orders not received or processed in time for our pickup will ship the following business day. This will delay the receipt of your shipping confirmation. Please be mindful of Sundays and federal holidays when USPS will not collect outgoing shipments.
USPS shipping: Priority Flat Rate and Priority Mail Express shipping policies state that delivery time will vary based upon the origin and destination zip codes. If shipped with Priority Mail Express, the delivery time is set by the USPS. You can check your estimated delivery time on the USPS website.
Our Delivery Protection Program provides security for all your orders in the event that it is lost, stolen, or damaged. The cost of protection is calculated on the subtotal of the order. Any order over $250 will require a police report to be filed for a refund or a replacement to be shipped. We reserve the right to ask for a police report in the event of multiple instances of stolen packages. The Delivery Protection fee and shipping costs are not eligible for refund. For a package to be consider lost, it must go seven business days without an update from the package carrier.
Refunds and Returns
Mitragaia provides a 30-Day Satisfaction Guarantee Policy. Within 30 days after purchase, the Buyer can return any products in an unopened, unused, and sealed package for any of the following options:
- A full monetary refund
- Rewards Points
- A gift card
- An exchange
If the product has been opened, the Buyer can return it within the 30-day window for either an exchange or a credit on our website to use on future purchases.
The return/refund process works as follows:
- To voice a product complaint, the customer must reach out to us at firstname.lastname@example.org.
- We will respond by sending a small form to fill out asking for order details and a description of what they are unsatisfied with.
- To receive a return/refund, the customer must send us two photos: a photo of the product being returned as well as the return package with its label and tracking number.
- Once we receive the photos, we will replace the product for the customer or refund them. Without proof of the return, we can not issue a refund or replacement.
- The refund or chosen compensation will be issued after we receive the photos of the package to be returned.
Unless the problem arises from a mistake from the Seller (such as shipping the wrong product), the customer is responsible for paying the shipping fees for the return.
If we provide the label for returning the product, it will be emailed to the customer so that they can print it out. If it is our mistake, Mitragaia will send out the correct order, and we can include a return label if the Buyer can’t print one out.
Refunds can take 72 hours or more to process or post to your account. All purchases of 30 days or longer from the time of purchase are final and not eligible for a refund. Weekends and holidays may affect this time and cause more delays.
The validity of these terms and conditions is not altered by the pronouncement of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition exclusively exists on its own merits and shall not be rendered invalid by any change in the others, regardless of circumstance.
Buyer shall indemnify, defend, and hold harmless both Mitragaia and all other parties involved, including but not limited to their owners, officers, affiliates, associates, and employees, for any and all damages resulting from the purchase, use, or misuse of Goods. Seller and all of the aforementioned related parties shall not be liable under any circumstance or theory whatsoever.
No circumstance shall exist where Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential, or punitive. This includes any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Mitragaia may sustain or incur arising from (a) Buyer’s use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s reliance on information or views, verbal or in literature obtained through Seller by any means, (e) Buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (f) the Buyer’s breach of any of its obligations set forth in these Terms or in the Agreement.
Mitragaia will provide Buyer with: (i) prompt written notice of such claim of which Mitragaia is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit, or proceeding without the written consent of Mitragaia, which shall not be unreasonably withheld.
Choice of Law and Venue
These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been both agreed to and have had occurred in the State of Nevada. Any disputes or clarification of interpretation, and the remedies for enforcement or breach of contract, are to be applied pursuant to and in accordance with the laws of the State of Nevada. Buyer and Seller expressly agree that all actions or proceedings arising in relation to the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts within the State of Nevada. The Buyer relinquishes the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens, or any and all related motions.
Payment and Non-sufficient Funds Fee
Payments and Non-Sufficient Funds Fee: If paying by check, you authorize our financial institution or us to debit the bank account you provide by way of an Automated Clearing House (ACH) debit at any time on or after the Due Payment Date for the Total of payments as well as any fees that are unpaid by you.
If there are insufficient funds in your bank account when the debit is processed, a single NSF fee of $20.00 will be added to your balance due to us and debited from your bank account. If funds are not available when we debit your bank account on the payment due date, you authorize us and/or our representatives to perform additional electronic debits to your bank account for the outstanding balanced owed to us (which includes the one-time NSF fee of $20.00 ), until such time as the entire balance is repaid in full. Any orders paid for with ACH and over $300 will be placed on hold until we manually approve them.
If paying by non-check methods, you authorize us or our financial institution to debit the payment method you provided at any time on or after the Due Payment Date for the Total of payments as well as any fees that are unpaid by you. If there are insufficient funds, a single NSF fee of $20.00 will be added to your balance due to us. If funds are not available when we debit your payment method on the payment due date, you authorize us and/or our representatives to perform additional debits for the outstanding balanced owed to us (which includes the one-time NSF fee of $20.00 ), until such time as the entire balance is repaid in full.
Paying with our crypto option will automatically apply a 20% discount to your order at checkout. Any payments sent that are lower than the amount owed will be accepted at the discretion of Mitragaia. We reserve the right to cancel the order and refund your payment. Mitragaia is not responsible for any crypto coin price changes that happen between time of order and the time payment is received.
Disclaimer of Liability
The purpose of this Terms and Conditions Agreement is to remove any and all liability of the Seller for events where harm or injury occurred as a result of the purchase, use, or misuse of the Goods.
Referral and Rewards Program
The spirit of the referral program is to introduce friends and family to what you have already discovered with Mitragaia! Guidelines for the program are as follows:
- For each valid referral, you earn a reward in the form of rewards points that can be applied to orders as a one time discount
- Reward Points will be added to your account following the completed purchase of an eligible referred friend
- You must use the referral link for savings to be applied for both friend and referrer
- Referral offer is valid for first-time purchases only
- Referred friends must be first-time Mitragaia customers.
- You may not refer yourself: we screen for similar names, emails, shipping addresses, and other details to determine eligibility.
- Referral links are intended to be shared directly with friends and may not be published to social media, sent in bulk, or released outside of known friends or family. If interested in becoming an affiliate, click here.
- Rewards Points are non-transferable.
- Mitragaia has the right to disable referral links and cap referral rewards points if, in its sole discretion, it determines a participant is abusing the program.
- Must be 21 years or older to participate
- The program is only valid in the US & Canada.
- Rewards Tier eligibility is based on a 12-month basis, and points expire after one year of inactivity, defined as not earning or redeeming points within the selected time frame.
This website may contain links to third-party websites. The company provides these links as a convenience only and does not endorse any of these sites. The company is not responsible for the content of and does not make any representations regarding the materials on such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
Additional Buyer Agreements
By purchasing the Goods, you are hereby affirming the following:
- I am 21 or older and an adult under the laws of my State and Country and of the legal age to purchase Mitragyna speciosa as and if designated by the laws of my state, county, or city.
- I am in good health, of sound mind and body, and am capable of making my own decisions and representations.
- I have clearly read and fully understand and comprehend these terms and conditions, as well as any and all cautions & warnings, including but not limited to the warnings printed on the label. I hereby agree and state that I will carefully abide by these cautions & warnings. I will also abide by and follow all warnings stated on the website regarding product use.
Warning and Disclaimer
Any and all information presented here is not an alternative or substitute for information from medical professionals’ care. Please consult your health care practitioner about potential interactions or other possible complications before using any product. Buyers should also consult their doctor when taking any medication.
Use all products with caution. Do not use while operating a motor vehicle or machinery or if you are pregnant or nursing, under the age of 21 (Mitragaia’s Goods are not sold to minors), or if you are taking any prescription or non-prescription medication or drugs.
All products currently on our site contain NO SYNTHETIC INGREDIENTS & are not meant to replace those that do, or any controlled substance or medication, for that matter.
Our products are not to be confused with synthetically-enhanced potpourri or herbal incense.
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to set forth Mitragaia’s Affiliate Terms and Conditions.
Terms and Conditions
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of Mitragaia, and the establishment of links from your affiliate website to our web site Website URL as used in this Agreement, “we,” “us” “our,” or “Company” means Mitragaia and “you” or “your” means the Affiliate, and “Product” means any and all items offered for sale by us on the Mitragaia web site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Mitragaia. BY CLICKING THE “I AGREE” BUTTON ON THE AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
Enrollment in the Affiliate Program
To begin the enrollment process, you will submit a completed Affiliate Application via our website. Once your application has been approved, you will receive your affiliate code and password to allow you to start marketing Mitragaia products. We may reject your application if we determine (in our sole discretion) that your site is unsuitable as an Affiliate for any reason, including, but not limited to: if your site incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene; harassing or racially, ethically, or otherwise objectionable; such as sites that facilitate illegal activity; depict sexually explicit images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporate any materials that infringe or assist others in infringing on any copyright, trademark, or other intellectual property rights (collectively “Content Restrictions”).
Using Our Links on Your Site
Link means a hyperlink to the Mitragaia website that is copied and pasted from your individual password-protected affiliate administration area on our site. If the HTML code is altered in any way after copying from that web page, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.
As an affiliate site (“Affiliate Site”), we will make available to you banners, button links to our website and/or text links to our website, containing the Mitragaia logo and words identifying Mitragaia. In using the links, you agree that you will take full responsibility for maintaining all such links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent.
You shall not alter, modify, or expand the links in any way without our written consent. Each link connecting users of your website to our website will in no way alter the look, feel, or functionality of our website. We have the right in our sole discretion to monitor your website at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
The Affiliate should place the appropriate copyright and trademark notices. You are allowed to use the prices of the Mitragaia products on your website, but you are responsible for keeping your information on pricing up-to-date as Mitragaia, from time to time, will post specials, discounts, or change product pricing at their sole discretion.
We will be responsible for providing all information necessary to allow you to make appropriate links from your website to our website. However, all links must be approved by Mitragaia. We will process orders placed by customers who follow the links from your website to the Mitragaia website. We reserve the right to reject orders that do not comply with certain requirements that we periodically may establish.
We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping and handling, cancellations, returns, and related customer service. We will track the volume and amount of sales generated by your website and will make unaudited reports available for your review through your affiliate account on our website. The form, content, and frequency of the reports may vary from time to time to our discretion.
To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your website and our website are properly formatted. It is your sole responsibility to ensure that the links that you have placed on your website are always working properly.
Commissions (Commission Rate) on trackable online sales are paid on net sales (i.e., the net is the remaining amount after any of these deductions: sales tax, duty, shipping, handling, credit card fees, and similar charges, and not including any portion of payment made through the redemption of gift certificates, coupons, or credits. The Commission Rate is subject to change at any time or from time to time, at our sole and absolute discretion. You will be notified of any change in the Commission Rate.
Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned goods. A commission will be paid only if the visitor to our website is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our website cannot be tracked by our system.
Affiliate and Net Sales Percentage
The commission rate for all Affiliates will be 10% unless otherwise agreed to by the Affiliate and Mitragaia. The above fee schedule is subject to change without notice. Our cookies expire in two days, so repeat visitors that do not come directly from your website will still count toward your commissions if the cookie is not otherwise removed by the user.
For a sale to generate a commission, the customer must follow the link from your website to our website, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
Commissions on sales are paid on net sales actually collected from customers. Orders are not eligible for a commission due to credit card fraud, bad debts, cancellations, chargebacks, and credits for returned Products. If a commission has been paid, the commission will be deducted from future commissions.
Commissions will be paid 30 days after the order is fulfilled. All commissions are paid at the end of any given month. The Commission base is subject to change at any time or from time to time, at our sole and absolute discretion. You will be notified of any change in the Commission base.
All commission payments are made through Zelle unless special arrangements are made for affiliates who do not have access to Zelle. A minimum monthly commission of $50 is required to receive a payout. You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program. Mitragaia shall not withhold any taxes of any kind from your commission checks.
Mitragaia is not responsible for resending lost or missing payments past 90 days from the payment date.
Reports of Sales
You will be given a password and have the ability to enter a password-protected website to receive your sales statistics on a daily basis.
Policies and Pricing
Customers who buy Goods through the Affiliate Program will be deemed to be customers of Mitragaia. Accordingly, all Mitragaia rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Goods sold under the Affiliate Program in accordance with our own pricing policies.
Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your website, you will be responsible for maintaining the correct, current prices on your website at all times. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.
Non-Exclusive Limited License and Use of Mitragaia Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable right to (i) access our website through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively” Marks”), solely for the purpose of selling Product on your web site for Mitragaia. You may not alter, modify, or change the Mitragaia logos, trademarks, or any other text content provided to you through the Mitragaia affiliate section.
The use of any of the logos, trademarks, or text content is only extended to members in good standing in the Mitragaia Affiliate Program. If you see logos, trademarked items, or text content that is not in the materials available to affiliates in the marketing section and you wish to use it on your website, you may not use them without prior written permission.
Permission is not to be construed as Mitragaia giving you any legal ownership or rights to these logos, trademarks, or text content. Mitragaia’s own use of any logos, trademarks, or text content in the display or marketing of Mitragaia products does not automatically make it acceptable for affiliates to assume usage of the same materials is considered acceptable use of such materials for promotion of Mitragaia products.
Affiliates should assume that ONLY materials directly made available from Mitragaia to Affiliate for the purpose of selling products for Mitragaia shall be acceptable to use. The rights granted to you pursuant to this Section shall terminate upon the effective date of the expiration or termination of this Agreement.
Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Mitragaia. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than Mitragaia rankings for trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Mitragaia.
Publicity, Email, and Spam Policies
You shall not create, publish, distribute or permit any written material that makes reference to Mitragaia without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. Mitragaia will not tolerate any forms of Spam.
We will hear both sides of a Spam complaint, but we will remove one Affiliate before we risk all affiliates losing email privileges. In the event an affiliate is charged with spamming practices, Mitragaia shall not be held liable for any legal action taken against said Affiliate nor be financially responsible for fines owed by said Affiliate.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website. We shall have no responsibility for the development, operation, and maintenance of your website and for all materials that appear on your website.
You hereby represent and warrant to us that materials posted on your website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and that materials posted on your web site are not libelous or otherwise illegal. You must have express permission to use copyrighted material owned by another party or other proprietary material.
We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law.
Term of the Agreement
The term of this Agreement will begin when your affiliate application has been received by Mitragaia through the Mitragaia website, and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by Mitragaia or the Affiliate for any reason upon thirty (30) days prior email or written notice or immediately upon notice of any breach of the provisions of this Agreement.
Upon termination, you may no longer use Mitragaia banners, images, content, trademarks, etc., on your website or provide hyperlinks to the Mitragaia website. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your website becomes subject to the Content Restrictions set forth in Section 1, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are eligible to earn a commission only on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned.
We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Notice of any change by email to your address on our records, or the posting on our website of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.
Modifications may include but are not limited to: changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules.
All such modifications shall take effect 48 hours after we serve notice as provided above unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new Agreement on our website, will constitute binding acceptance of the change.
Relationship of Parties
You and Mitragaia are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data arising in connection with this Agreement, the Affiliate Program, or Mitragaia performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery, and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment, or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document, or instrument applicable to you or binding upon you.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as “Confidential Information”).
For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, web site, business and financial information relating to Mitragaia, customer and vendor lists relating to Mitragaia, and pricing and sales information for Mitragaia and any members of the Affiliate Program other than you. Confidential information shall also include any information that we designate as confidential during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark, or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or third-party use of the information.
You hereby agree to indemnify, defend, and hold harmless Mitragaia, its shareholders, officers, directors, employees, agents, affiliates, successors, and assigns, from and against any and all claims, demands, losses, liabilities, damages, or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your web site.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or competitive with your website.
You have independently evaluated the desirability of participating in the affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
This Agreement will be governed by the laws of the United States and the State of Nevada, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Las Vegas, Nevada, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
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. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MITRAGAIA. BY CHECKING THE AGREEMENT BOX IN THE AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT, AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.