1. Introduction
Welcome to the EverLife Wellness LLC Partner Affiliate Program (the “Program”). These terms and conditions (the “Agreement”) govern your participation in the Program. By enrolling as an affiliate (“Affiliate”), you agree to comply with this Agreement, which is a legally binding contract between [Your CBD Company Name] (“Company,” “we,” or “us”) and you (“you” or “Affiliate”). This Agreement sets forth the terms and conditions under which you will promote our products and services through your website and other approved marketing channels.
2. Definitions
The following terms shall be defined as follows:
- Company, Us, We: Refers to EverLife Wellness LLC.
- Affiliate: Refers to you, the individual or entity participating in the Program.
- Parties: Refers collectively to the Company and the Affiliate.
- Affiliate Program: The program set up by the Company for its affiliates as described in this Agreement.
- Affiliate Application: The application form submitted by the Affiliate to join the Program.
- Website: The primary website operated by the Company.
3. Assent & Acceptance
By submitting an application to our Affiliate Program, you warrant that you have read, understood, and agree to be bound by this Agreement. If you do not agree to the terms, please do not submit an application.
4. Program Sign-Up
To join the Affiliate Program, you must submit a completed Affiliate Application. Acceptance into the Program is at the sole discretion of the Company. This Agreement is non-exclusive, allowing you to work with other affiliate programs.
5. Affiliate Responsibilities
You will be provided with specific links (“Links”) to promote our products. These Links may be customized by you. However, you are responsible for the proper use of these Links and ensuring they are correctly formatted for tracking purposes. Cookie stuffing or other techniques that manipulate tracking are strictly prohibited.
6. Marketing Guidelines
You are permitted to promote our products organically. Paid advertisements are not allowed unless you receive prior written approval. You may promote our products indirectly through content like blogs. Affiliates must comply with all relevant guidelines from governing bodies, including the FDA and FCC, and adhere to ethical practices. Creative control is granted, provided it aligns with compliance and ethical standards.
7. Email and Content Marketing
Links may be included in email campaigns sent to users who have opted in. Spamming is strictly prohibited, and all email marketing must comply with the CAN-SPAM Act. Content used for promotion must be honest and ethical, and prior approval is encouraged for any new promotional strategies.
8. Specific Terms Applicable
- Qualified Clicks: Defined as clicks that meet specific criteria, including proper formatting and compliance with the terms.
- Qualified Purchases: Transactions that meet the criteria set forth in this Agreement, excluding any fraudulent or non-compliant actions.
9. Commission Structure
Commissions are tiered:
- Starting at 15% and increasing to 20% and 25% based on performance.
- Commissions are calculated on the product price, excluding tax and shipping costs.
- Payments are made monthly, provided the total exceeds $100. If not, the amount rolls over to the next month.
- Payment methods include Stripe, PayPal, or bank transfer. A 1099 form is issued for earnings over $600 annually.
10. Fee Payment and Reporting
You can track your earnings and transactions through our affiliate portal. Payments are made for Qualified Purchases, and the Company reserves the right to revoke commissions on returned or canceled orders.
11. Policies and Pricing
Customers referred by Affiliates are customers of the Company, and all sales are subject to our policies and pricing. These policies may be updated, and Affiliates are required to comply with any changes.
12. Branding and Content Use
Affiliates are granted a limited, non-exclusive, and revocable license to use the Company’s branding materials. These materials must be used in compliance with the Company’s guidelines, and any unauthorized use is prohibited.
13. Intellectual Property
The Company retains all rights to its intellectual property. Affiliates are not allowed to modify or misuse these assets, and any unauthorized use may result in legal action.
14. Dispute Resolution
Disputes are to be resolved informally, with binding arbitration as the next step if necessary. Arbitration will be conducted in accordance with the governing law, as specified in this Agreement.
15. Indemnification
You agree to indemnify and hold the Company harmless from any legal claims arising from your participation in the Program, including breaches of this Agreement or any legal obligations.
16. Termination of Agreement
The Company reserves the right to terminate this Agreement at any time. Upon termination, Affiliates must cease using Links and promoting our products. Commissions earned before termination will be paid out, subject to the minimum threshold.
17. Modification & Variation
The Company may modify the terms of this Agreement at any time. Affiliates are responsible for reviewing and complying with any updates.
18. Relationship of Parties
The relationship between the Company and the Affiliate is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
19. Acceptable Use
Affiliates must not use the Program for unlawful activities or in ways that could damage the Company’s reputation. Compliance with all applicable laws and ethical standards is required.
20. Reverse Engineering & Security
You may not attempt to reverse engineer or breach the security of the Company’s websites or services.
21. Data Loss
The Company is not responsible for the security of your account or content. Participation in the Program is at your own risk.
22. Spam Policy
The use of the Affiliate Program for illegal spam activities is strictly prohibited.
23. Service Interruptions
The Company may interrupt access to the Program for maintenance or emergencies without liability for any resulting damages.
24. No Warranties & Limitation of Liability
The Program is provided “as is” without any warranties. The Company is not liable for any damages resulting from participation in the Program, with liability limited to $100.
25. General Provisions
- Governing Law: This Agreement is governed by the laws of [Your State], with any disputes resolved in the specified jurisdiction.
- Arbitration: Disputes are to be resolved through binding arbitration.
- Assignment: This Agreement may not be assigned by the Affiliate without the Company’s consent.
- Severability: If any part of this Agreement is found invalid, the rest remains enforceable.
- Force Majeure: The Company is not liable for failures due to causes beyond its control.
- Electronic Communications: Electronic communications are permitted under this Agreement.