Surfface Affiliate Terms for AWIN
These Affiliate Terms & Conditions ("Terms") govern participation in the Surfface affiliate program made available through AWIN (the "Program"). The Program is operated by Muskelo LLC, 30 N Gould St #44809, Sheridan, WY 82801 ("Muskelo," "we," "us," or "our").
These Terms apply to all affiliates participating in our program through AWIN. By joining or participating in the Program through AWIN, you agree to these Terms, together with any applicable AWIN network terms.
1) Definitions
1.1 "Surfface" means the products and services offered at Surfface.com and any related properties we control.
1.2 "Affiliate Link" means a tracking link or other tracking method made available through AWIN for promotion of Surfface.
1.3 "Referred Customer" means a customer whose transaction is tracked and attributed to you through AWIN in accordance with these Terms.
1.4 "Tracking Window" means the 30-day period following a tracked click on your Affiliate Link, during which a qualifying purchase may be attributed to you by AWIN.
1.5 "Qualified Purchase" means an eligible purchase by a Referred Customer that is successfully completed, tracked through AWIN, and not excluded under these Terms.
1.6 "Net Revenue" means the amount actually received and retained by Muskelo for a Qualified Purchase, excluding taxes, refunds, chargebacks, credits, reversals, discounts, and amounts not successfully collected.
2) Enrollment and Eligibility
2.1 You must be at least 18 years old and able to enter into a binding contract.
2.2 Participation in the Program is subject to approval by us through AWIN.
2.3 You are responsible for keeping your AWIN account information accurate and up to date.
3) Relationship of the Parties
You are an independent contractor. Nothing in these Terms creates any employment, agency, partnership, franchise, or joint venture relationship between you and Muskelo.
4) What Counts as a Commissionable Referral
4.1 No commission for free signups alone. We only pay commission on Qualified Purchases. Free registrations, free accounts, leads, or clicks alone do not earn commission.
4.2 Commissionable events. A commission may be earned only when a Referred Customer completes a Qualified Purchase that is properly tracked and attributed through AWIN.
5) Commission Structure
5.1 Monthly subscriptions.
You will earn 30% of Net Revenue on a Referred Customer's monthly subscription payments for up to 12 months from that customer's first successful monthly subscription purchase.
5.2 12-month cap for monthly subscriptions.
For monthly subscriptions, commission is payable only on subscription payments made during the first 12 months starting from the Referred Customer's first successful monthly subscription payment. No commission is payable on month 13 or later.
5.3 Annual subscriptions.
You will earn 30% of Net Revenue on a Referred Customer's annual subscription purchase one time only. No additional commission is payable on annual subscription renewals unless we expressly state otherwise in AWIN.
5.4 Usage credits and credit packages.
You will earn 30% of Net Revenue on one-time purchases of usage credits or credit packages made by a Referred Customer within 12 months from that customer's first successful sale.
5.5 Exclusions.
No commission is due on transactions that are cancelled, refunded, charged back, reversed, duplicated, invalid, or not successfully collected. Commission is also excluded from taxes and similar governmental charges.
5.6 Final validation.
All transactions are subject to review and approval by us. If a transaction is later found to be ineligible under these Terms, it may be declined or reversed in AWIN.
6) Attribution and Tracking
6.1 AWIN tracking applies.
Referrals and commissions are tracked and attributed through AWIN.
6.2 Tracking window.
The Program uses a 30-day cookie tracking window. A purchase must occur within that 30-day period after the tracked click in order to be eligible for attribution, subject to AWIN's tracking capabilities and these Terms.
6.3 Tracking limitations.
Tracking may be affected if a customer blocks cookies, clears cookies, changes browser or device, uses private browsing, or otherwise prevents AWIN from tracking the referral.
6.4 Attribution records.
AWIN's tracking records and our validation of eligibility will be used to determine whether a transaction qualifies for commission.
7) Marketing Rules and Disclosure
7.1 Legal compliance.
You must comply with all applicable laws, regulations, and industry guidance relating to advertising, consumer protection, privacy, and marketing disclosures.
7.2 Affiliate disclosure.
You must clearly disclose your affiliate relationship where required by law or applicable guidance. For example: "This is an affiliate link, which means I may earn a commission."
7.3 Accurate promotion only.
Do not make false, misleading, or unsupported claims about Surfface, including claims about pricing, features, results, guarantees, or endorsements.
7.4 Brand use.
You may use Surfface brand assets only as approved by us and only for promoting Surfface in connection with the Program.
8) Intellectual Property
We grant you a limited, revocable, non-exclusive, non-transferable license to use approved Surfface promotional materials solely for participation in this Program. We may withdraw this permission at any time.
9) Taxes
You are responsible for your own taxes, duties, reporting, and similar obligations relating to commissions earned through the Program.
10) Program Review and Compliance
We may review transactions, referral activity, and promotional methods to confirm compliance with these Terms and to verify that transactions are genuine and eligible.
If we reasonably determine that a transaction or referral activity does not comply with these Terms, or undermines the intended operation of the Program, we may decline or reverse the related commission in AWIN.
11) Termination
Either party may end participation in the Program at any time, subject to AWIN process requirements where applicable. If your participation ends, you must immediately stop using Affiliate Links and Surfface brand assets.
Any commission on transactions that are later found to be ineligible may still be declined or reversed after termination, to the extent permitted by law and AWIN's processes.
12) Changes to the Program or Terms
We may update these Terms, commission rates, eligible products, or program rules at any time by updating our AWIN program information or otherwise giving notice through AWIN or our website. Continued participation after the changes take effect means you accept the updated Terms.
13) Disclaimers
The Program is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted availability, tracking, or error-free operation.
14) Limitation of Liability
To the fullest extent permitted by law, Muskelo will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business opportunity, data, or goodwill arising out of or related to the Program.
15) Indemnification
You agree to indemnify and hold harmless Muskelo and its officers, directors, employees, and affiliates from any claims, losses, liabilities, damages, costs, and expenses arising from your participation in the Program, your promotional activities, your content, or your breach of these Terms.
16) Governing Law and Venue
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws principles. Any dispute relating to these Terms shall be brought in the state or federal courts located in Wyoming, and you consent to their jurisdiction and venue.
17) Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.
