Forest Growth Leader Program Terms and Conditions
The following Forest Growth Leader Program Terms and Conditions (the “Terms and Conditions”) apply to participation by you (“Growth Leader”, “Forest Growth Leader” or “you”) in the Forest Growth Leader Program (the “Forest Growth Leader Program” or “Program”) offered by Canada’s Forest Trust Corporation (“CFT”, “our” or “us”). These Terms and Conditions, together with the application form(s) completed and submitted electronically by you and any other applicable terms and conditions, manuals, policies, guidelines or documents (copies of which are made available to you by CFT), shall form the entire agreement (the “Agreement”) between you and CFT relating to your participation in the Program.
NO BINDING AGREEMENT SHALL BE FORMED UNTIL CFT HAS FINALLY APPROVED THE GROWTH LEADER AS A PARTICIPANT IN THE PROGRAM.
- Program Overview:
The Forest Growth Leader Program allows participants to earn commissions by selling seedlings and driving referrals that participate in the Program.
- Eligibility:
Anyone 17 years of age or younger requires a parent or guardian’s signature to participate. We reserve the right to decline or terminate an application for any reason.
- Sales Portal
A unique link to a custom Smart Forest Sales portal will be provided once the Growth Leader’s application has been reviewed and processed by CFT (the “Platform”). All sales must be completed using this Platform. Other payment methods, including but not limited to cash transactions, Interac e-transfers, or payments through other online payment portals, will not be accepted.
- Affiliate Responsibilities:
Forest Growth Leaders are responsible for promoting seedling sales in a truthful and ethical manner. This includes accurately representing our brand, complying with advertising guidelines, and refraining from any activities that may harm our reputation. By becoming a Forest Growth Leader, you agree that you will follow all CFT branding and sales guidelines as outlined in the Online Training Module. If you conduct any acts of defamation, CFT has the right to take legal action.
- Commission Structure:
For each seedling sold, 10% will be automatically designated to a charity of the Forest Growth Leader’s choice. If a charity is not selected, CFT will distribute the funds evenly to all charities. This donation amount will be matched by CFT. In total, Forest Growth Leader will earn a 35% commission on every seedling sold. The Forest Growth Leader is not responsible for any credit card processing or website hosting fees.
- Payments
The Forest Growth Leader will receive payment for sales on a weekly basis. Payments will be issued every Friday and will reflect sales made Monday through Friday of the previous week.
CFT may rely on one or more payment methods communicated from time to time to the Growth Leader, including, without limitation, cash transactions, Interac e-transfers, or payments through other online payment portals.
- Referrals
The referral program allows the Forest Growth Leader to earn an additional commission of $50 for each successful referral to the Forest Growth Leader Program. The referral bonus will be automatically added to the referring Growth Leader’s next paycheck after the referred participant sells 50 seedlings. Referrals will be identified by the referee at the time of sign up. In the case of two Growth Leaders referring the same individual, the referer is decided by the name provided by the referee in their sign-up form.
- Tracking and Reporting:
Sales progress can be monitored through the Platform or any other custom sales portal provided by CFT. Detailed reports can be obtained by contacting CFT at [email protected]
- Prohibited Activities:
Affiliates are strictly prohibited from engaging in spamming, false advertising, or any other activities that may be deemed unethical. Violation of these Terms and Conditions may result in immediate termination from the program and forfeiture of any unpaid commissions.
- Intellectual Property:
While participating in the Program and until the expiration or earlier termination of this Agreement, Growth Leaders are granted a limited, non-exclusive license to use our provided marketing materials, the Platform and other intellectual property (collectively, “Intellectual Property”) solely for the purpose of promoting our products. Any unauthorized use of our trademarks, logos, or copyrighted materials is strictly prohibited. Growth Leader agrees to not alter, modify, create derivative works based on, deface, reverse engineer, decompile or disassemble the Intellectual Property or transfer, sell, lease, license, sublicense, distribute, disclose or make available or permit use of or access to the Intellectual Property to any other person.
Growth Leader agrees to assigns to CFT all rights that Growth Leader may have in any and all improvements, adaptations, suggestions, comments and observations (collectively “Improvements”) made to or regarding any Intellectual Property. Growth Leader further agrees to waive all moral rights Growth Leader may have in any and all Improvements.
Growth Leader acknowledges and agrees that CFT retains exclusive ownership to all intellectual property rights in and to Intellectual Property, including, without limitation, any and all Intellectual Property relating to, based upon or otherwise used to provide the Program or any part thereof.
- Contract Renewal & Termination:
This Agreement will be renewed annually, at the discretion of both parties.
Growth Leader may terminate their contract at any time with a written notice of 30 days.
CFT may terminate this Agreement at any time: (a) if Forest Growth Leader breaches any provision of this Agreement and has not remedied that breach within seven (7) days’ notice thereof, or (b) without cause, upon written notice to Forest Growth Leader. Upon termination, Growth Leader will no longer be eligible to earn commissions and Growth Leader will delete or return any Intellectual Property provided by CFT in connection with the Program.
- Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE AND ACCESS TO THE INTELLECTUAL PROPERTY AND ANY OTHER SERVICES, FUNCTIONALITY, OR MATERIALS THAT WE PROVIDE TO YOU IN CONNECTION WITH THE PROGRAM IS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ENTIRELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE INTELLECTUAL PROPERTY OR ANY OTHER MATERIAL INCLUDED IN OR THROUGH THE PROGRAM OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT AND (C) ANY WARRANTIES OF TITLE.
WE DO NOT WARRANT THAT THE INTELLECTUAL PROPERTY OR ANY MATERIAL MADE AVAILABLE ON OR THROUGH THE PROGRAM WILL BE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE INTELLECTUAL PROPERTY WILL BE AVAILABLE OR ERROR FREE, AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR ACCESS TO THE INTELLECTUAL PROPERTY OR PARTICIPATION IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
- Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE LIABILITY OF CFT OR ANY OF ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, SERVICE PROVIDERS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO GROWTH LEADER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM; AND (B) FIVE DOLLARS (CAD$5.00).
- General
These Terms and Conditions are governed by, and shall be interpreted in accordance with, the laws applicable within the Province of Ontario and the federal laws of Canada applicable therein.
Sections 10, 11, 12, 13, 14 and any other provisions of these Terms and Conditions which by their nature shall survive termination or expiration of this Agreement will survive termination or expiration of this Agreement.
In the event that any of the provisions contained in these Terms and Conditions are held invalid or unenforceable by a competent court of law, the remaining provisions shall remain in full force and effect.
The relationship created by the Agreement is that of independent contractors, not that of partners, joint venturers, or principal and agent.
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