Guest, terms and conditions.

Tanka Affiliate Agreement


This Tanka Affiliate Agreement (the "Agreement") is made by and between Native American Natural Foods, LLC, a South Dakota, USA corporation ("Native American Natural Foods," "Tanka Affiliates"), and you, as a Tanka Affiliate ("You", "Your", "Affiliate").

The Tanka Affiliate Agreement entitles Affiliate to receive a credit to your Tanka Affiliate Account, in an amount established by Native American Natural Foods from time to time, each time Affiliate's designated affiliate code(s) is tracked during a purchase at www.tankabar.com.

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering as a Tanka Affiliate. By signing up for Tanka Affiliates, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not sign up as a Tanka Affiliate.

The following agreement is summarized as follows:


You promote Tanka products as you see fit online and offline, or within non-spam emails;

We may email you concerning new affiliate programs;

We reserve the right to change the Program at any time, with or without notice to you;

Promotions on Adult, Hate, or other related sites are not allowed;

You will be paid your commissions via PayPal for the previous month's earnings by the 15th of the month;

All statistics are collected and calculated by Native American Natural Foods, and will be the only valid statistics used for determining commissions;

As a Tanka Affiliate, you can only have 1 account. You can have multiple Affiliate codes in one account, but only one account is allowed;

Your must give your PayPal account during the registration process in order to receive compensation. All Tanka Affiliates are paid via PayPal, no exceptions;

You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING;

If You are terminated from the Program, Native American Natural Foods has the right to withhold money You earned within the Program and You will not be allowed to re-join Tanka Affiliates;

You must clearly state that you are a Tanka Affiliate in all correspondence, emails, postings, websites, and materials where you promote Tanka products;

Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.

Tanka Affiliate accounts that are left inactive for six (6) months will be removed from our system. At no time will an Affiliate ever owe monies to Native American Natural Foods based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged into for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state;

Failure to abide by these rules could mean termination from a given program, or from Native American Natural Foods completely.

SPAM POLICY


Native American Natural Foods reserves the right to terminate this agreement on the first instance of spamming. You agree to fully comply with the following SPAM requirements

1) The email's header and subject must be accurate and must not contain misleading information,

i. the "from" line must accurately identify you or your company as the entity sending the message, and

ii. the "subject" line must be clear and accurate and cannot mislead the recipient about the subject or context of the email.

2) The email message must clearly and conspicuously identify the message as an advertisement or promotion. You will prominently explain that the email is an advertisement in the body of the message. You do not need to write the words Advertisement or ADV in the email subject line.

3) The email message must have a clear and conspicuous notice of the opportunity to decline to receive future commercial messages from the sender ("opt-out").

4) The email must have a functional opt-out mechanism, such as a reply email address or link to a web-based tool to enable the email recipient ("recipient") to request not to receive future emails from the sender.

a. If the recipient requests to opt-out, you must remove the recipient from the sender's email list within 10 business days,

b. The opt-out mechanism must be active for 30 days after the transmission of the email, and

c. When performing the opt-out process, the recipient cannot be asked to do more than enter his or her email address and/or visit one (1) website. You cannot ask the recipient to pay a fee, give personal information, visit multiple webpages, or take a survey to complete the opt-out process.

5) The email must provide your name and give your current mailing address (P.O. Box or street address).

PRIVACY POLICY


Native American Natural Foods respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and/or Your company. If you are a Tanka Affiliate, you agree that we may share your personal information with third parties as necessary to fulfill our obligations under our agreement with you, to process payments and sales information, and as we otherwise deem advisable in the course of our business. You further agree and acknowledge that we may share your personal information as required by law, in a legal investigation or proceeding, or if we transfer our assets or company to another company or otherwise change our corporate organization. We may share information concerning your sales or other data in aggregate forms with other entities and in order to review our procedures and sales, and to improve our website and efforts. We reserve the right to modify this policy at any time, so you should review it periodically.

DEFINITIONS


"Commission" means the amount sale commission Native American Natural Foods agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.

"VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by Native American Natural Foods. Native American Natural Foods may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or for other valid reasons.

"Your Account" means a specific account within Tanka Affiliates, where Commissions are credited.

THE TANKA AFFILIATE PROGRAM


Native American Natural Foods has developed and operates a program (the "Program") which allows Affiliates to participate in the Tanka Affiliate Program.

As part of the registration process, You will select a username/email and password for accessing Your account area within the Program. You must provide Native American Natural Foods with accurate, complete and updated registration information. You may not impersonate someone else or use a name that is not yours. You agree that Native American Natural Foods may rely on any data, notice, instruction or request furnished to Native American Natural Foods by You which is reasonably believed by Native American Natural Foods to be genuine and to have been sent or presented by a person reasonably believed by Native American Natural Foods to be authorized to act on Your behalf. You shall notify Native American Natural Foods by e-mail at TankaAffiliates.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Native American Natural Foods and referral to the appropriate law enforcement agencies.

TANKA AFFILIATES PLACEMENT


As a Tanka Affiliate, you may place and remove Tanka logos and promotions on any of your own sites and in acceptable locations as you see fit, or within non-spam emails.

You cannot SPAM. You must comply with the above listed SPAM POLICY. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO BE USED TO PROMOTE TANKA PRODUCTS: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.

TANKA AFFILIATE PAYMENT


You will receive a Commission for all customers who click through from your site(s) and purchase Tanka products. All Tanka Affiliates are required to provide a PayPal Account for the purposes of receiving Tanka Affiliate payments. This information is also available to You at the TankaBar.com Tanka Affiliates section. You receive the Commission from Native American Natural Foods. Payments are made automatically through PayPal on the fifteenth (15th) day of each month for the previous month's sales. Money credited to Your Account does not accrue interest. In the event of a product return by a customer, Native American Natural Foods may recover from You the amount of the Commission that was previously credited to Your Account for that sale (the "VOID Commission"). The VOID Commission will be immediately deducted from Your Account balance. If Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Native American Natural Foods.

INACTIVE TANKA AFFILIATE ACCOUNT


Tanka Affiliate accounts that are left inactive for 6 months will be removed from our system. At no time will an Affiliate ever owe monies to Native American Natural Foods based on fees - the account will simply be closed. An abandoned affiliate account is defined as an account that has not been logged into for a period of 6 months AND that has had no transactions posted to it during that period. Both of these conditions must be met for an account to be considered "abandoned" and no longer active.

SERVICE AND SUPPORT


Native American Natural Foods will provide support for Tanka Affiliates as indicated on the TankaBar.com Web site.

EMAIL CONTACT


Native American Natural Foods may send e-mails to You to inform you of applicable changes or additions to the Program or any Tanka Affiliates related products and services.

CHANGES TO THE PROGRAM


Native American Natural Foods reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Program at any time.

REGISTRATION


To sign up for the Tanka Affiliate Program you must be at least 18 (eighteen) years of age [and be a legal U.S. citizen or resident alien]. You will be asked to supply a valid tax ID, which may be your Social Security Number for individuals, or a federal tax ID for corporations or entities.

INDEPENDENT CONTRACTOR STATUS/TAX REPORTING


Affiliate represents, acknowledges and agrees that s/he is an independent contractor and is not an employee of Tanka Affiliates or Native American Natural Foods. No provision of this Agreement shall be deemed to create an employment relationship between Affiliate and Tanka Affiliates. Affiliate expressly warrants and agrees that s/he will not hold her/himself out as, or otherwise represent to any person or entity that s/he is, an employee of Tanka Affiliates. Affiliate agrees to hold Tanka Affiliates and Native American Natural Foods harmless for any and all damages, claims, assessments, penalties, liabilities, charges, attorney's fees or other losses incurred during or following the term of this Agreement, which result from any assertion, claim, determination or adjudication that Affiliate is an employee of Tanka Affiliates, including, but not limited to, any claim, determination or adjudication made pursuant to the Internal Revenue Code, state unemployment insurance or workers' compensation law, or any other federal, state or local wage, employment, insurance, labor and other laws, statutes, regulations and ordinances.

It is understood and agreed that because Affiliate is an independent contractor, Tanka Affiliates will make no deductions from amounts paid to Affiliate for any federal or state taxes or FICA, and Tanka Affiliates has no obligation to provide Workers' Compensation coverage for Affiliate. Tanka Affiliates will report to the Internal Revenue Service (and state taxing authorities as required by law), commissions paid to Affiliate equal to or greater than in a calendar year on IRS Form 1099.

Prior to payment of any commission under this Agreement, Affiliate shall provide Tanka Affiliates with a properly prepared and signed IRS Form W-9 setting form Affiliate's correct mailing address and Social Security Number (or taxpayer identification number as applicable). Click HERE to get W-9 form.

ACCEPTED USE


You represent to Native American Natural Foods that all content You provide to the Program is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as Tanka Affiliate any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Native American Natural Foods may not review all information provided by You, You shall remain solely responsible for Your content and your Web sites.

Any Tanka-related promotion must be done in such a way that it is not misleading to any potential customer and done with the intention of delivering valid sales. This includes, but is not limited to, identifying yourself as a Tanka Affiliate in all communications, postings, messages, and websites in which you promote Tanka products.

Native American Natural Foods RESERVES THE RIGHT TO DEEM ANY AFFILIATE INAPPROPRIATE AND TERMINATE THE AFFILIATE AS A MEMBER OF TANKA AFFILIATES. If You are terminated from the Program, Native American Natural Foods has the right to withhold money You earned within the Program and You will not be allowed to re-join Tanka Affiliates.

LIMITED WARRANTY


The Program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Native American Natural Foods DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, Native American Natural Foods SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Native American Natural Foods will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Native American Natural Foods liable for any of the consequences of such interruptions. Native American Natural Foods SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. Native American Natural Foods SHALL HAVE NO LIABILITY WITH RESPECT TO Native American Natural Foods OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Native American Natural Foods HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF Native American Natural Foods HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY Native American Natural Foods AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY


Native American Natural Foods OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE TANKA AFFILIATES PROGRAM OR ANY INFORMATION PROVIDED ON THE TANKABAR.COM WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Native American Natural Foods OR A Native American Natural Foods AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Native American Natural Foods' LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Native American Natural Foods, although the provider of the Program, has no responsibility or liability as a result of Your placement of promotions, and You agree to indemnify, defend, and hold harmless Native American Natural Foods and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

NON-DISCLOSURE


Native American Natural Foods acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your and/or Your company. Native American Natural Foods agrees not to disclose or disseminate the Confidential Information without Your prior express written consent, except as required or authorized by law. Native American Natural Foods reserves the right to be able to utilize this data in aggregate to analyze Program trends, monitor Program efficiencies, and perform such other analysis as Native American Natural Foods deems appropriate.

OWNERSHIP AND LICENSES


You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Native American Natural Foods-provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of Native American Natural Foods, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Native American Natural Foods' sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

Native American Natural Foods may immediately terminate Your license to use the marks if Native American Natural Foods reasonably believes that such use dilutes, tarnishes or blurs the value of its marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Native American Natural Foods above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Native American Natural Foods' ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Native American Natural Foods.

REPRESENTATIONS


Native American Natural Foods makes no representations whatsoever about any other Web site which You may access through the Program. In addition, a link to a non-Native American Natural Foods Web site does not mean that Native American Natural Foods endorses or accepts any responsibility for the content or the use of such Web site.

ASSIGNABILITY


Affiliate or Native American Natural Foods may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE


Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES


This Agreement shall be governed by South Dakota, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of South Dakota, USA, and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS


This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.