Maxfuel Affiliate Program Agreement
This Affiliate Program Agreement (the "Agreement") is made by and between Maxfuel, Inc., a company incorporated and operating under the laws of [Your Country/State], having its principal place of business at [Maxfuel's Address] ("Maxfuel," "we," "our," or "us"), and you, the affiliate ("Affiliate," "you," or "your"), collectively referred to as the "Parties."
By participating in the Maxfuel Affiliate Program (the "Program"), you acknowledge and agree to be bound by the terms and conditions of this Agreement, as well as the ShareASale Terms of Use (available on the ShareASale platform), which governs the affiliate program's operation.
1. Program Participation
You must submit an application to become an affiliate, and Maxfuel reserves the right to approve or reject any application at its sole discretion. By applying and participating in the Program, you agree to comply with all applicable laws, regulations, and guidelines.
2. Affiliate Responsibilities
As an Affiliate, you agree to:
Promote Maxfuel Products: You are authorized to use the promotional materials, including banners, text links, and other promotional tools provided by Maxfuel, to refer customers to Maxfuel’s website and generate sales through your affiliate links.
Comply with Advertising Standards: Your marketing methods must comply with applicable laws and advertising regulations, including, but not limited to, the Federal Trade Commission (FTC) guidelines on endorsements and testimonials, and the rules regarding online marketing and advertising.
Honesty and Transparency: You will not make false or misleading claims about Maxfuel’s products or services. All claims about the benefits or effectiveness of Maxfuel products must be substantiated.
Proper Use of Affiliate Links: Affiliates are solely responsible for using the unique referral links and promotional materials correctly. Affiliates must not alter or modify links or promotional content without prior written consent from Maxfuel.
3. Prohibited Activities
Affiliates are expressly prohibited from engaging in the following activities:
Fraudulent Activity: You are prohibited from engaging in any fraudulent, deceptive, or unethical activity, including but not limited to click fraud, fake leads, misrepresentations of Maxfuel's products, or using false information to generate sales or traffic.
Incentivized Clicks or Sales: You may not offer cash, points, prizes, or any other incentives to customers in exchange for clicking on your affiliate links or making purchases. This includes offering rebates or other rewards that may artificially inflate sales volume.
Paid Search Advertising (PPC) on Branded Terms: Affiliates may not bid on keywords or use paid search marketing (e.g., Google AdWords, Bing Ads) with Maxfuel’s trademarks or brand name ("Maxfuel," "Maxfuel.com") or any other keywords that may lead to Maxfuel’s website unless expressly permitted in writing.
Misleading URLs or Domain Names: Affiliates may not use misleading or confusing domain names, subdomains, or URLs that could potentially cause confusion or mislead consumers into thinking they are visiting Maxfuel’s official website.
Email Spam: Affiliates are prohibited from sending unsolicited emails (spam) to promote Maxfuel products. All marketing efforts must comply with the CAN-SPAM Act and other applicable anti-spam laws.
Social Media Guidelines Violations: Affiliates must comply with all relevant social media platform terms of service when promoting Maxfuel on platforms like Facebook, Instagram, TikTok, Twitter, etc. You must disclose your affiliate relationship in accordance with FTC guidelines on social media.
4. Commission and Payment Terms
Commission Rate: Affiliates will earn a commission of up to 20% of the sale price for each successful sale generated through their affiliate links. Commission rates are subject to change at Maxfuel's discretion.
Cookie Duration: Affiliate commissions will be tracked through cookies. A customer must make a purchase within 90 days of clicking the affiliate link to qualify for commission.
Payment Method: Payments will be made on a monthly basis, typically within 30 days following the close of each month, via the payment method selected through the affiliate platform (e.g., ShareASale). Affiliates are responsible for providing correct and up-to-date payment information.
Payment Threshold: Affiliates must earn a minimum of $50 in commissions before a payment will be issued. If an affiliate does not reach the minimum threshold in a given month, the balance will carry over to the following month.
5. Refunds and Chargebacks
If a customer returns a product or requests a chargeback for any reason, the commission on that sale will be deducted from the Affiliate’s account. Affiliates are not entitled to commission for returned or canceled orders, or if the customer’s payment is disputed or reversed.
6. Program Modifications and Termination
Maxfuel reserves the right to modify or terminate the Affiliate Program at any time, without prior notice, at its sole discretion. If the Program is terminated, Maxfuel will pay any outstanding commissions that were earned prior to termination.
Additionally, either Party may terminate this Agreement at any time by providing written notice. Upon termination, the Affiliate will immediately cease using all promotional materials and links provided by Maxfuel and remove any references to Maxfuel from their websites or marketing platforms.
7. Intellectual Property
Use of Trademarks: Affiliates are granted a limited, non-exclusive, non-transferable license to use Maxfuel’s trademarks, logos, and other intellectual property strictly in accordance with the terms of this Agreement and for the purpose of promoting Maxfuel products. Affiliates agree not to alter, modify, or misuse any of Maxfuel's intellectual property.
Ownership: All content, trademarks, logos, and intellectual property associated with Maxfuel remain the property of Maxfuel, and nothing in this Agreement grants the Affiliate any ownership rights to Maxfuel’s intellectual property.
8. Indemnification
You agree to indemnify, defend, and hold harmless Maxfuel and its affiliates, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your violation of this Agreement, your actions or omissions in connection with the promotion of Maxfuel, or your breach of any applicable law or regulation.
9. Limitations of Liability
Maxfuel is not liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Maxfuel's liability in any event shall be limited to the amount of commissions earned by the Affiliate under this Agreement in the month immediately preceding the claim.
10. Confidentiality
Both parties agree to keep confidential all information and data exchanged during the course of the Program, including but not limited to sales data, customer information, marketing strategies, and trade secrets. This obligation shall survive termination of the Agreement.
11. Miscellaneous
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflicts of law principles.
Dispute Resolution: Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof.
By joining the Maxfuel Affiliate Program, you acknowledge that you have read, understood, and agree to abide by all the terms and conditions set forth in this Agreement.
