SKYLAND RANCH AFFILIATE PROGRAM AGREEMENT
This Affiliate Program Agreement ("Agreement") is entered into by and between Skyland Ranch, a Tennessee corporation located at 1620 Parkway, Sevierville, Tennessee 37862 ("Company"), and the individual or entity agreeing electronically by clicking "I Agree" on the Company's website ("Affiliate"). By clicking "I Agree," Affiliate explicitly consents to be legally bound by the following terms and conditions:
1. Governing Law and Jurisdiction
1.1. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.
1.2. Exclusive Venue
All disputes arising from or related to this Agreement shall exclusively be brought in the state or federal courts located in Sevier County, Tennessee. Affiliate irrevocably consents to jurisdiction and venue in these courts.
2. Commission Structure and Payment
2.1. Commission Rates
The Company will pay commissions based on total monthly sales generated by the Affiliate as follows:
8% commission for sales between $0 - $4,000
9% commission for sales between $4,000 - $8,000
10% commission for sales between $8,000 - $20,000
12% commission for sales exceeding $20,000
2.2. Cookie Duration & Tracking
Affiliate referral cookies are valid for 30 days. The program operates on a last-click attribution model, meaning the most recent referring affiliate receives credit. Skyland Ranch shall not be liable for technical disruptions or tracking errors.
2.3. Commission Eligibility
Commissions apply solely to completed, fully paid transactions. Canceled, refunded, or disputed transactions will void associated commissions. Chargeback-related commissions will be reversed. If chargebacks exceed 5% of Affiliate’s total sales, the Company may review or suspend the account.
2.4. Minimum Payout
The minimum commission payout threshold is $100.00.
2.5. Commission Structure Modifications
Skyland Ranch may modify commission rates with a 30-day prior written notice. Continued Affiliate participation after notice indicates acceptance of new terms.
3. Taxes and Reporting
Affiliate is solely responsible for all applicable federal, state, and local taxes on earned commissions. Skyland Ranch will issue an IRS Form 1099-NEC to Affiliates earning $600 or more annually, as required by law. Skyland Ranch does not withhold taxes on commissions.
4. Compliance and Breach
Skyland Ranch shall notify Affiliate of any breach via email or certified mail. Affiliate must cure the breach within 10 calendar days to the Company's satisfaction. Failure to cure may result in immediate termination and forfeiture of unpaid commissions.
5. Termination
Either party may terminate this Agreement at any time, with or without cause, upon written notice via email or certified mail. Skyland Ranch may terminate immediately without notice for violations of prohibited conduct, resulting in forfeiture of unpaid commissions.
6. Indemnification and Liability
6.1. Indemnification
Affiliate agrees to indemnify, defend, and hold harmless Skyland Ranch and its officers, directors, employees, and agents from claims, liabilities, damages, and expenses (including reasonable attorney’s fees) arising from Affiliate's breach, violation of law, or third-party claims due to promotional activities.
6.2. Disclaimer of Warranties
Skyland Ranch explicitly disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, or non-infringement. Earnings and uninterrupted service are not guaranteed.
6.3. Limitation of Liability
Skyland Ranch’s total liability shall not exceed commissions paid to Affiliate in the three months preceding a claim or the minimum allowed by law. Skyland Ranch is not liable for indirect, consequential, incidental, or punitive damages, lost profits, or business interruptions.
7. Dispute Resolution
7.1. Binding Arbitration
All disputes shall be exclusively resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in Sevier County, Tennessee.
7.2. Arbitration Costs
Each party shall bear its own arbitration costs and attorneys' fees.
7.3. Class Action and Jury Trial Waiver
Affiliate waives any right to a jury trial or class action participation against Skyland Ranch.
8. Miscellaneous
8.1. Independent Contractor
Affiliate is an independent contractor, not an employee, partner, or agent of Skyland Ranch.
8.2. No Waiver
Failure to enforce any provision does not waive Skyland Ranch’s right to enforce that provision or others.
8.3. Severability
If a provision is unenforceable, remaining provisions remain valid.
8.4. Assignment
Affiliate may not assign or delegate rights or obligations without Skyland Ranch’s prior written consent. Skyland Ranch may freely assign its rights and obligations upon written notice to Affiliate.
8.5. Confidentiality
Affiliate shall keep strictly confidential all non-public information provided by Skyland Ranch, using it only to fulfill Agreement obligations.
8.6. Amendments
Skyland Ranch may amend or modify this Agreement by providing 30 days' prior written or electronic notice. Continued participation indicates acceptance.
8.7. Notices
Formal notices shall be delivered via email or certified mail to addresses provided upon registration. Notices to Skyland Ranch must be sent to hello@skylandranch.com or its registered business address.
8.8. Intellectual Property
Affiliate acknowledges Skyland Ranch retains all rights to its trademarks, logos, promotional materials, and intellectual property. Affiliate may use these assets only with explicit permission and shall cease use upon termination.
8.9. Force Majeure
Skyland Ranch shall not be liable for failure or delay in performance due to circumstances beyond reasonable control.
9. Acceptance of Terms
By clicking “I Agree,” Affiliate acknowledges reading, understanding, and agreeing to these terms and conditions.
For inquiries, contact: hello@skylandranch.com