Terms of Service

Last Updated: July 26, 2019

1. Terms

By accessing the website at http://yerbamatero.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Matero’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Matero’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Matero at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Matero’s website are provided on an ‘as is’ basis. Matero makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Matero does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Matero or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Matero’s website, even if Matero or a Matero authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Matero’s website could include technical, typographical, or photographic errors. Matero does not warrant that any of the materials on its website are accurate, complete or current. Matero may make changes to the materials contained on its website at any time without notice. However, Matero does not make any commitment to update the materials.

6. Links

Matero has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Matero of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Matero may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of PA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Affiliate Program

1. Program Overview

The Program permits you to receive compensation in exchange for referring customers that purchase products on yerbamatero.com. If we accept your Program application, we will provide you with a hyperlink (“Link”) for display on websites and online services operated by you that are approved by Matero for use in connection with the Program (“Your Services”). Subject to the terms of this Agreement, we will pay you a marketing fee of 10% of all purchases actually received by Matero, less deductions described in Section 4 below, (“Marketing Fee”) from users that click on your Link and purchase any products within 7 days of clicking on your Link.

2. Enrollment

To be eligible to participate in the Program, you must accurately complete our Program application. We reserve the right to reject your application for any reason. If you are entering into this Agreement on behalf of an entity: (a) you represent and warrant that you are authorized to bind such entity to this Agreement and that such entity will be responsible for your and any other of its employees or agents activities in connection with the Program; and (b) references to “you” in this Agreement will refer to you and such entity, collectively. You may only participate in the Program if permitted by the laws of your jurisdiction and the terms of any agreements you may have entered into with third parties.

3. Program Portal

To participate in the Program, you will need to access Matero’s Affiliate Area, which is accessible through a URL that Matero will provide to you. You must comply with Matero’s Terms of Service in connection with your access and use of the Affiliate Area. Use of the Affiliate Area is also subject to Matero’s Privacy Policy.

4. Payment.

  1. Payout. We will pay Marketing Fees to the payment method designated by you via the Portal no sooner than 45 days from the end of the calendar month in which the Marketing Fees accrued, provided that the Marketing Fees payable exceed a minimum threshold of $50. If your Program account becomes inactive, any unpaid and accrued Marketing Fees may be subject to escheatment under applicable state law.
  2. Deductions. The Marketing Fees payable to you will be exclusive of taxes, refunds, and chargebacks, and we may offset such amounts against any Marketing Fees owed to you. You are responsible for any taxes payable in connection with the Marketing Fee, other than taxes payable in connection with our gross receipts or income.
  3. Limitations. Marketing Fees will not be payable to you for any purchase of Matero products: (i) that is later canceled, refunded, charged back, or for which Matero does not receive payment; (ii) that occurred as a result of your breach of this Agreement, or while you were in breach of this Agreement; (iii) if the purchase does not occur within 7 days of when the user clicks on your Link; (iv) if, before making the purchase, the user has more recently clicked on the Link of another Program participant; or (v) that occurs after termination of this Agreement (collectively, an “Ineligible Transaction”). For clarity, Marketing Fees will be payable to the Program participant responsible for the Link that a user last clicks before purchasing any Matero’s products. If we discover that we have paid you any Marketing Fees for an Ineligible Transaction, we may either require you to promptly repay the applicable amount, or we may offset such amount from future amounts payable to you under this Agreement. (vi) on which you already receive a revenue share or similar payment from Matero.

5. Limited License.

Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to display the Link and any Matero Marks on Your Services, and in other marketing communications that you may send, solely for the purpose of referring users to Matero. “Matero Marks” means any of Matero’s trade names, trademarks, service marks, logos or other similar indicia of identity or source provided by Matero to you in connection with this Agreement. All goodwill arising from your use of the Matero Marks will inure to the benefit of us. Other than the limited license set forth in this Agreement, Matero reserves all right, title, and interest not expressly granted to you. You will use the Matero Marks in accordance with any written guidelines Matero provides to you. Upon request by Matero, you will provide samples of any marketing materials you have used, or plan to use, that incorporate the Matero Marks or the Link.

6. Legal Compliance.

You must comply with all laws that apply to Your Services and your participation in the Program, including the FTC’s rules regarding sponsored endorsements (see the FTC website for more details), all privacy laws that apply to the collection, use and disclosure of personal information via Your Services, and all marketing laws that apply to any messages you send in connection with this Agreement. You are solely responsible for Your Services and your participation in the Program.

7. Prohibited Content.

Your Services must not contain any content that: (i) is violent or sexually explicit; (ii) violates any applicable law or infringes or misappropriates any intellectual property right; (iii) is in any way harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (iv) includes malware, viruses, or other harmful code; or (v) copies or resembles the look and feel of any Matero Services.

8. Prohibited Activities.

You will not:

  1. mislead users regarding the purpose or nature of Your Services;
  2. engage in any fraudulent or unlawful activities;
  3. state or imply that you or Your Services are part of, affiliated with, or endorsed by Matero;
  4. use any Matero Marks, or any similar variations, other than as permitted under this Agreement. This includes not using the Matero Marks in website meta tags, bids for paid advertising, search engine optimization, or press releases;
  5. use, or register for, any domain name containing any Matero Mark or any similar variations;
  6. attempt to artificially or fraudulently increase your Marketing Fees in any way, such as by generating transactions that are intended to be canceled;
  7. bypass, circumvent, or avoid any restrictions employed via the Matero Services;
  8. take any action that may burden any Matero Services, including by using automated scraping, crawling or monitoring tools not authorized by Matero; or
  9. Request or collect any account information from our users, including any Matero usernames or passwords.
  10. Offer cash back, rewards or other incentives to drive traffic/sales via their affiliate tracking links.
  11. Use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
  12. Use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1×1 pixel iframe).
  13. Bid on or use Matero trademark, trademark +, or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask etc.)
  14. Use Matero trademark, trademark +, or misspelled keywords in their domain names.

9. Termination.

You or we may, for any reason, terminate your participation in this Agreement at any time upon notice. Following termination, we will pay you any unpaid Marketing Fees, if valid, that you earned prior to the date of termination. Immediately upon termination, all licenses granted to you under this Agreement will be terminated, and you must remove any Link or any Matero Marks from Your Services.

10. Amendments.

We reserve the right to modify the terms of this Agreement upon notice to you. Will provide notice of amendments by posting the revised Agreement to the Affiliate Area and updating the “Last Updated” date at the top of this Agreement, and in some cases, we may provide additional notice (such as via email). Your continued participation in the Program will confirm your acceptance of any amended terms of this Agreement. If you do not agree to any amendments, you must terminate your participation in the Program.