Updated: 08-20-07

1. Enrollment in our Affiliate Program
   Enrollment is easy! Just complete and submit our Affiliate Form. We reserve the right at any time to cancel your enrollment in our Affiliate Program if we determine (in our sole discretion) that your site is unsuitable for any reason, including, but not limited to: inclusion of content that is in any way unlawful, hate orientated, harmful, obscene, racially, ethnically, or otherwise objectionable. If you are associated with, advocating or promoting the following: hate, violence, illegal activities, sexually explicit materials, or Multi-Level Marketing (MLM) ventures, or found to have added the advocating or promotion of hate, violence, illegal activities, sexually explicit materials, or Multi-Level Marketing (MLM) ventures to your web site after enrolling as our Affiliate we will immediately cancel your enrollment and any unpaid commission accruals will be forfeited. You will be told why your enrollment was canceled by email.
   
   Spamming to acquire referral customers will constitute as serious a violation of these terms of agreement as the above, and will lead to immediate termination of your enrollment and forfeiture of unpaid commission accruals.
   
   
2. We reserve the right to reject any application to become an Affiliate for reasons outlined herein, but not limited to them. You will be told why your application was denied by email, and given the opportunity to reapply if corrected.
3. If we cancel your enrollment, you are welcome to reapply for our Affiliate Program at any time once the reason is corrected.

4. Linking to our Site

• Product image-text banners, banner ads, logos and text banners Links: This is the recommended method. Our studies have shown that placing our images on your site pointing to our shopping system will usually generate more referral sales than other methods. We provide a variety of attractive product images, banners, logos and text banners you can download and place on your site. For each one or combination placed on your site, you must provide a link from it to our shopping system using your unique ID URL.
• You may select as many and any combination of banners, logos, text banners or product images as you wish. Focus on one product or on all, but remember you get commissions on any product purchased from us by your referrals. Each image must link directly to our shopping cart using your ID URL. When using product images, you must include the product information, pricing and text link we provide with each. 
• You may add or delete images from your web site at any given time without our consent.
• You are required to maintain prominent active link(s) to us at all times as an Affiliate that can be easily found on your web site by your visitors and us. Otherwise, what's the point? If people can't find them readily you are really defeating your goal as an affiliate to earn from them.
• With our product image text banners, you must keep all text and links provided with them intact, and display the banners as they are made.
• You are not required to place any other kind of link to us, other than what you are using as an affiliate link.
• If our banners, etc., just do not fit your site scheme, you are allowed to make your own custom links, at your own expense so long as our products, and the information about them, etc., are accurately presented. Just submit them to us for pre-approval is all we ask before you put them up.

5. Order Processing
   We will process all customer orders. We reserve the right to reject any orders that do not comply with any requirements we have established or will establish in the future.
   
   We are responsible for all aspects of order processing and fulfillment; completing orders and invoices, process payments, cancellations, and returns, and handle all customer service related items. We will track the volume and amount of sales generated by your site, which automatically registers on your Affiliate report. To permit accurate tracking, reporting, and fee accrual, you must ensure that the links between your site and our site are properly formatted with your ID URL.

6. Referral Fee Schedule
   We will pay you a referral fee of (15%) percent of the Net Sales created from visitors browsing your site who purchase merchandise utilizing the links between our site and yours, excluding amounts collected by us for sales tax, duties, shipping, handling, insurance, gift wrapping, a one dollar administrative fee deducted for processing and mailing checks, and similar charges.
   
   Net Sales will also be reduced for amounts due to credit card fraud, bad debts and credits for returned goods. No referral fee will be paid if the visitor to our site cannot be tracked by our system. Referral fees will only be paid for retail customers using or having used a link coming from your site and arriving at our shopping cart: our cart sets a cookie on their machine and will credit that customer to you for the next six months (the life of the cookie) ONLY SO LONG AS THAT COOKIE IS PRESENT. That customer may or may not directly be using your link next time they arrive back at us to reorder. However, once expired or removed you will not receive commissions from that customer unless the customer again comes through your link to reset the cookie. We strongly encourage you to encourage your referred customers to always enter our cart through your links to us when reordering by book-marking our link on your site. If the customer removes the cookie before it expires or after it expires there is no way to associate them with you, and no commissions will be paid. On our order receipt we encourage these customer to do exactly that. We will send you a check for the net commissions earned within 15 days following the end of each month.
   
   In case of multiple senders, i.e., customer "A" one day comes through your link and orders, then four weeks later (or whenever) happens on affiliate "X's" site, and comes through that affiliates link and places an order, the commission for this last sale will go to affiliate "X" because that is the ID URL that will register on that sale; that's because the cookie will overwrite itself with the new information.
   
   All we can say is, that referral customer came to your site in the first place for a reason. We encourage you to find ways to find those reasons out, get your referrals to bookmark you for coming to us for example. Here is a case in point example need for our BioVam-Affiliate-Forum!! We created it for our affiliates to discuss and share creative solutions to these sort of issues.
   
   If you ever have any problems our issues with your tracking URL, or other program problems, contact us ASAP!
   
   Email thomas@tandjenterprises.com or call us at: 888-769-3878 or write us snail mail at: T & J Enterprises, 2328 West Providence Ave., Spokane, WA 99205 USA.

7. Waiving your Commissions
   If your Internet Service Provider prohibits paid advertising or if you are not interested in receiving commissions, you may still add images to your site by waiving your commissions.

8. Policies and Pricing
   Referrals purchasing merchandise through our Affiliate Program will be deemed to be customers of T&J Enterprises.  All of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. 
   
   We may change our policies and operating procedures at any time and without prior notice. However, we will announce them to our affiliates in our affiliate newsletter. If it is a major agreement change, we will give our affiliate prior notice.
   
   (Drop-Ship customers are considered primarily the affiliates. Our obligations are limited to that of drop-shipper as outlined and defined below in the drop-ship agreement section).

The only product retail prices and quantity price breaks any Affiliate is authorized to display, should you choose to display them on your site, are those officially set and listed by T & J Enterprises within our own shopping cart. 

This applies as well to our Drop-Ship Affiliates, since they are still an Affiliate earning 15% commission on our products without taking on all the responsibilities and risks authorized retailers assume in the process of doing daily business. (See below for more about our Drop-Ship Affiliate option).

Only our authorized retail outlets can set prices outside our listed prices or suggested retail prices, since they are physically buying and stocking product from us at our best wholesale prices and are dealing with us and the public as an authorized retailer - reseller of our products and are assuming a host of risks and responsibilities Affiliates and Drop-Ship Affiliates don't have to deal with.

If you wish to become an authorized retail outlet and earn even greater profits for your business fill out our Authorized Retailer Outlet form. (Available soon).

9. Advertising
   You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

10. Your Obligations
    You will be solely responsible for the operation and maintenance of your site and for all materials that appear on your site. We disclaim all liability for all such matters, and you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

11. Limited License
    You and T&J Enterprises are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, distributorship or employment relationship between parties. You will have no authority to make or accept any offers or representations on our behalf.
    
    You must identify your links to us as a T&J Enterprises Affiliate Program participant. You must use the phrase "An Affiliate of T&J Enterprises" somewhere on your site or with our links. The phrase does not have to be live linked. The cleanest way to do this is in the ALT TAG which is perfectly acceptable.
    

12. Terms of the Agreement
    The terms of this Agreement will begin upon your acceptance of our Affiliate Program Operating Agreement and will end when terminated by either party. 
    
    Either you or we may terminate this Agreement at any time by giving the other party written notice of termination. Our affiliate program is a permanent part of our internet and company operations. As long as we are here, it will be here.
    
    You may cash out of our affiliate program at any time, with or without cause. Upon receipt of your notification your check for commissions owed will be cut within 15 days after the end of that months pay schedule. Our normal one dollar check processing fee will still apply.

13. Modification
    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Last updated date is posted on the top of the agreement. Your continued participation in the program following our posting and emailing you notification of a change notice or new agreement on our site will constitute binding acceptance of the change(s). All Affiliates will be notified by email of any such change via our Affiliate newsletter. Any changes will be made in good faith towards our affiliates. No matter how substantive, you will be notified.

14. Independent Investigation
    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 web sites that are similar to or compete with your web site. 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.

15. Governing Law
    This Agreement will be governed by the laws of the United States and the State of Washington, 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 Spokane, Washington 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 a provision or any other provision of this Agreement.
    
    We certify to our affiliates that T & J Enterprises fully operates within the legal requirements of our jurisdictions. Our products are legal goods and our programs and company policies and practices are in no way shape or form part of anything illegal.
    
16. Grievances - Conflicts - Disputes
    We think we have spelled things out pretty clearly here as to what we will do and not do with our affiliate program; what is acceptable and what is not from our affiliates; what is allowed and what is not, and how we will respond accordingly if something needs to be addressed.
    
    We are honest and above board with our customers at all times, and our affiliates. Anything less is totally unacceptable to us. We treat our customers and affiliates as we wish to be treated, and throughout our site we think that philosophy is well reflected and practiced.
    
    We are also acutely aware of how many so-called affiliate programs are basically scams, and that many of you have unfortunately experienced them first hand. We accept and welcome the open standards being developed by the "Affiliate Union". Our program is openly listed in directories that independently rate us.
    
    As a merchant we are also acutely aware of and guard against any attempts to scam or defraud us, etc. Yes, it does work both ways. We do not look kindly upon scams no matter what side of the coin they are on. The suspicions they breed is mud on the face of all who are trying to do honest business on the net, and we support standards to protect both affiliate and merchant against them.
    
    Our program is designed and operated to eliminate these issues.
    
    Honest complaints are resolvable. We handle all grievances in-house, and are always available should the need arise.
    
    If any decision of ours should cause you to have a grievance, don't just sit there and stew about it! Contact us ASAP! We take such matters seriously.
    
    Email thomas@tandjenterprises.com or call us at: 888-769-3878 or write us snail mail at: T & J Enterprises, 2328 West Providence Ave., Spokane, WA 99205 USA.
    
    Any problems, whatever spawns them, are taken seriously at T & J Enterprises, and we always strive to resolve them positively. It's just good business! And moreover, it's the right thing to do.
    
17. Foreign Affiliates
    We prefer that all applying foreign Affiliates contact us via email to discuss what may be required to ship our products into your country. Customs and Department of Agriculture requirements (if any) vary greatly from one country to the next. There may or may not be any.
    
    Your customs and or Agriculture Department may request to see these BioVam documents:
    MSDS, Product Label, Heavy Metals Test. Again, contact us; we can help you through the process.
    
    Duties, tariffs and customs fees may or may not apply and are the responsibility of the customer to pay. Please contact your local customs office, they can help you determine which if any may apply.
    
    So far as we are aware the "Spider Elimination Kits" and "Jack's Dirt" can be shipped into any country world wide. Remember, the "Hobo Spider" originates from Europe and England where it still remains a serious problem. See our Spider Elimination Kit MFG FAQ and MSDS for more information.
    
    We are currently shipping (BioVam) into: Finland, South Korea, India, Singapore and Australia. The distribution and registration process (for BioVam) for Canada is currently underway. We expect all of Canada to be open soon.
    
    Payment is in US dollars. Same schedule as other affiliates. Transferred the least costly way to the affiliate. Cost of transfer will be deducted from commissions. Foreign affiliates can optionally choose to allow their accruals to grow. Just let us know what you want to do. If cost of transfer exceeds commission, no check will be written, we will email you a commission statement for your records, and your commissions will be allowed to accrual through the next pay period, or until transfer costs are covered.
    
    If you are interested in becoming a distributor in your country, please email us for details.

BioVam carries a thirty day money back guarantee on unopened, unused product only to original purchaser for retail price only with original proof of purchase. Facsimiles are not accepted. Customer pays return postage and full value insurance. Original and return postage, handling, tax and insurance are non-refundable. (Please see how to return below).

Should you use BioVam exactly as directed in our application literature and followed our nutrient levels and precautions for your specific growing situation and are experiencing no response differences or related benefits and believe the products viability may be at issue, please contact us directly. You can email us at: thomas@tandjenterprises.com or call us at: 888-769-3878 or write us snail mail at: T&J Enterprises, 2328 West Providence, Spokane, Washington 99205 USA

How to return:
1) For BioVam, Biosol, Jack's Dirt and Bio-Peat products purchased from T & J Enterprises:
For unopened unused product in original packaging to original purchaser only for retail price only within 30 days only: All returned products must be insured for full value. Customer pays return postage and insurance. Original proof of purchase must be supplied. Facsimiles are not accepted. Original and return postage, handling, tax and insurance are non-refundable. Please call: 888-769-3878 for a (RA) Return Authorization Number before returning any product. Once you receive your RA number, mail to: T&J Enterprises, 2328 West Providence, Spokane, Washington 99205 USA. Write your (RA) number on the outside of your return box. T & J Enterprises is not and will not be held responsible or libel for lost or stolen goods through the mails to either the customer or Affiliates.

2) For BioVam, Biosol, Jack's Dirt and Bio-peat products purchased through any of our authorized retailers:
Please contact the retailer you made your purchase from about their returns and refund policies.

3) For BioVam, Biosol, Jack's Dirt and Bio-Peat products purchased through our Standard Affiliates:
Section one applies in full. Standard Affiliates agree that, on returned items as outlined above, their 15% commission is forfeited on the retail value of the refunded sale and will be deducted from their earnings.

4) For BioVam, Biosol, Jack's Dirt and Bio-Peat products purchased through our Drop-Ship Affiliates:
Section one applies, with these exceptions: All refund checks are issued through the Drop-Ship Affiliate you purchased the products from. You must contact the Drop-Ship Affiliate first to obtain our (RA) Return Authorization Number from them. We can not accept returns on products returned without an (RA) Return Authorization Number issued from the authorized participating Drop-Ship Affiliate you made your purchase from. Once you receive your RA number, mail to: T&J Enterprises, 2328 West Providence, Spokane, Washington 99205 USA. Write your (RA) number on the outside of your return box. T & J Enterprises is not and will not be held responsible or libel for lost or stolen goods through the mails to either the customer or to the Drop-Ship Affiliate.

Drop-Ship Affiliates agree that, on returned items as outlined above, their 15% commission is forfeited on the retail value of the refunded sale: T & J Enterprises will refund to the Affiliate only what was originally charged them, meaning: the retail value minus 15% off the retail price. The Affiliate is responsible to refund this amount plus the 15% which equaled their commission on this sale to the customer. T & J Enterprises does not refund Drop-Shipped orders directly to the customer.

5) Spider Elimination Kits:
Please read the MFG's FAQ for details.

Special note: Refunds and or refund requests to date after four years of operation, to T & J Enterprises, all our authorized retail centers and all Affiliates, encompassing all our products, equals: [[[[  0 ]]]]

We think that says a little bit about our products quality and performance and level of customer satisfaction.