FRUITIA Affiliate Program Agreement
Effective Date: November 19, 2024
This Affiliate Program Agreement (“Agreement”) is made between FRUITIA (“we”, “us”, or “our”) and you (“Affiliate”, “you”, or “your”). By participating in the FRUITIA Affiliate Program (“Program”), you agree to the terms and conditions set forth in this Agreement.
1. Enrollment in the Program
To enroll in the Program, you must complete and submit the online application through ShareASale.
We reserve the right to accept or reject any application at our sole discretion.
You must be at least 18 years old to participate.
2. Affiliate Responsibilities
2.1. Promotion of Our Products
You agree to promote the FRUITIA x Fifty Bar products responsibly and ethically.
All promotional materials must accurately represent our products and brand.
You may use only the marketing materials provided or approved by us.
2.2. Compliance with Laws
You must comply with all applicable federal, state, and local laws and regulations, including those related to advertising and marketing of vaping products.
You must not promote our products to minors or on platforms targeting underage audiences.
You are responsible for ensuring your marketing practices are compliant with the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
3. Prohibited Activities
Engaging in any of the following activities may result in suspension or termination from the Program and forfeiture of any outstanding commissions:
3.1. Unauthorized Use of Trademarks
Do not use our trademarks, logos, or branding materials without prior written consent, except as provided in our approved marketing materials.
3.2. Spamming
Unsolicited bulk emails (spam) or mass messaging promoting our products are strictly prohibited.
3.3. Misrepresentation
Do not make false or misleading claims about our products.
Do not represent yourself as FRUITIA or imply any partnership beyond the affiliate relationship.
3.4. Paid Search and Trademark Bidding
Do not bid on our branded keywords or any variations, misspellings, or derivatives thereof in any pay-per-click search engines (e.g., Google Ads, Bing Ads).
3.5. Domain Names
Do not use our company name or any variation thereof in your domain names.
3.6. Cookie Stuffing and Click Fraud
Any form of cookie stuffing, click fraud, or use of deceptive technologies to generate commissions is prohibited.
3.7. Promotion on Prohibited Websites
Do not promote our products on websites that contain illegal content, hate speech, pornography, or any material that is defamatory, obscene, or harassing.
3.8. Incentivized Clicks
Do not offer incentives such as cash back, rewards, or points in exchange for clicks or purchases without our prior written approval.
4. Commission Terms
Commission Rate: You will earn a 20% commission on the net sale amount of eligible purchases made through your unique affiliate links.
Eligible Purchases: Commissions are only earned on sales of FRUITIA x Fifty Bar disposable vape devices.
Exclusions: Commissions will not be paid on returns, chargebacks, fraudulent transactions, or purchases made by the Affiliate themselves.
5. Payment Terms
Payment Schedule: Commissions are processed and paid out through ShareASale according to their standard payment schedule.
Thresholds: Any minimum payout thresholds set by ShareASale apply.
Tax Information: You may be required to submit necessary tax documents before receiving payments.
6. Term and Termination
6.1. Term
This Agreement becomes effective upon our acceptance of your application and remains in effect until terminated.
6.2. Termination
By Affiliate: You may terminate this Agreement at any time by removing all promotional materials and notifying us in writing.
By FRUITIA: We may terminate this Agreement at any time, with or without cause, by providing written notice.
6.3. Effect of Termination
Upon termination, you must remove all links and promotional materials related to our products from your website and marketing channels.
Any outstanding eligible commissions will be paid according to the regular payment schedule.
7. Modifications
We reserve the right to modify any terms of this Agreement at any time.
You will be notified of significant changes via email or through the ShareASale platform.
Continued participation in the Program after modifications constitutes your acceptance of the new terms.
8. Confidentiality
Any confidential information, including but not limited to business strategies, pricing, and marketing plans, must not be disclosed to third parties.
9. Limitation of Liability
We will not be liable for indirect, special, or consequential damages arising in connection with this Agreement or the Program.
Our total liability will not exceed the total commissions paid or payable to you under this Agreement.
10. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program.
We do not guarantee that the operation of our website or affiliate links will be uninterrupted or error-free.
11. Independent Contractor Relationship
Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.
You have no authority to make or accept any offers or representations on our behalf.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
13. Compliance with ShareASale Terms
You agree to comply with all ShareASale Terms of Use and policies in addition to this Agreement.
14. Acceptance of Agreement
By participating in the Program, you acknowledge that you have read this Agreement and agree to all its terms and conditions.
Contact Information
For any questions or concerns regarding this Agreement or the Program, please contact us at:
Email: info@fruitia.shop
Disclaimer: This Agreement is subject to change. Please review it periodically for updates.