Affiliate Program Agreement
Agreement between Affiliate and BodyFlow Hydration
Effective Date: January 2023
This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, Elysian Fields Wellness LLC dba BodyFlow Hydration (“BodyFlow Hydration”) and you, regarding your registration to and participation in the BodyFlow Hydration Affiliate Program through Awin.
As used in this Agreement, “we,” “us” or “BodyFlow” means BodyFlow Hydration and “you,” “your” or “Affiliate” means you as the affiliate participating in this program. If you have any questions about the meaning of a term or phrase, please see Annex A for our Definitions.
BY SUBMITTING A REGISTRATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE AWIN NETWORK TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. PARTICIPATION
1.1. You must sign up for a BodyFlow affiliate account through Awin to join the BodyFlow Affiliate Program. In signing up for an account, you are agreeing to be bound by BodyFlow’s standard Terms of Service and Privacy Policy.
1.2. Current and former BodyFlow contractors, employees, and members of BodyFlow employees’ immediate family are prohibited from participation.
1.3. We will evaluate your registration and notify you of your acceptance or rejection. BodyFlow, in its sole discretion, reserves the right to reject or remove any affiliate from the program at any time, with or without notice.
1.4. We may reject your registration if we determine (in our sole discretion) that your promotional method is not suitable for the Affiliate Program, including if it contains unlawful or prohibited content.
1.5. Once registered and approved, you become a participant in the Affiliate Program.
2. PROMOTION
Affiliates will be provided with a unique referral ID and referral link generated through Awin to track sales. These links must be used for all promotions.
2.1. Affiliate Sites must display the Links prominently. Only BodyFlow-approved materials may be used.
2.2. You may not post unauthorized refunds, credits, discounts, or promotions without BodyFlow’s prior written consent.
2.3. Links must not alter the look, feel, or functionality of the BodyFlow website.
3. TERM AND TERMINATION
The term of this Agreement begins upon your acceptance and continues until terminated. Either party may terminate at any time, with or without cause, by giving at least five (5) days’ written notice.
You are only eligible to earn commissions on new subscriptions during the term and that remain subscribed for at least 90 days as of the effective date of termination.
4. COMMISSIONS
Affiliates earn 10% commission on each referred customer, paid 30 days after the billing date on ongoing subscription payments.
All commissions are tracked and processed through Awin’s platform.
Affiliate payouts are managed directly through Awin, according to Awin’s standard payout procedures. Affiliates must maintain an active Awin account to receive payment.
Taxes and duties are the responsibility of the affiliate.
BodyFlow reserves the right to withhold or deduct commissions for fraudulent, cancelled, or self-referred purchases.
5. RESTRICTED ACTIVITIES
Affiliates must not:
Use misleading, false, or disparaging representations about BodyFlow.
Promote imitation products.
Use discriminatory, infringing, or illegal content.
Impersonate BodyFlow employees.
Register or use “BodyFlow” in domain names.
Spam or bulk email links.
Use their own referral links for personal purchases.
6. AFFILIATE SITE OBLIGATIONS
Affiliates are responsible for maintaining their promotional channels, ensuring compliance with laws, and not infringing third-party rights.
7. AFFILIATE PORTAL
Tracking, referrals, and payouts are visible through the Awin dashboard. Affiliates may update their payout information directly within the Awin portal.
8. POLICY AND PRICING CHANGES
BodyFlow reserves the right to change prices, policies, and availability. Affiliates should not guarantee pricing without BodyFlow’s approval.
9. ANTI-SPAM
Email promotions may only be sent to individuals who have opted in. Bulk email without BodyFlow’s prior consent is prohibited.
10. DATA SECURITY
Affiliate shall comply with all applicable data protection laws (GDPR, CCPA, Canadian regulations, etc.). Affiliate agrees to assist BodyFlow in complying with data subject rights requests.
11. ORDER PROCESSING
BodyFlow handles all order processing, billing, refunds, cancellations, and customer service.
12. USE OF LICENSE AND TRADEMARKS
Affiliates are granted a non-exclusive, revocable license to use BodyFlow’s approved trademarks and logos solely for promotion. All use must comply with BodyFlow’s guidelines.
13. INTELLECTUAL PROPERTY
Affiliates may not use BodyFlow’s name, marks, or variations in domain names, search advertising, or any misleading manner. Unauthorized use constitutes infringement.
14. FTC COMPLIANCE
Affiliates must comply with FTC endorsement guidelines, disclosing compensation clearly. Non-compliance may result in forfeited commissions and termination.
15. CONFIDENTIALITY
Both parties agree to keep confidential information secure and only use it as necessary for this Agreement.
16. REPRESENTATIONS AND WARRANTIES
Each party represents it has authority to enter this Agreement and will comply with all applicable laws.
17. DISCLAIMER & LIMITATION OF LIABILITY
The Affiliate Program is provided “as is.” BodyFlow disclaims warranties of merchantability and fitness for a particular purpose.
BodyFlow’s liability will not exceed commissions paid to the Affiliate in the three months preceding the claim.
18. INDEMNIFICATION
Affiliate agrees to indemnify and hold harmless BodyFlow against claims arising from their promotional activities.
19. DISPUTE RESOLUTION & ARBITRATION
Disputes will be resolved by binding arbitration in Louisiana, under JAMS rules.
No class actions or representative proceedings are permitted.
You may opt out within 30 days by sending written notice to:
BodyFlow Hydration, Attention: Affiliate Program, 14 Carolyn Ct, Arabi, LA 70032
20. GENERAL PROVISIONS
This Agreement is governed by the laws of Louisiana.
Notices must be sent to:
BodyFlow Hydration, Attention: Affiliate Program, 14 Carolyn Ct, Arabi, LA 70032
This Agreement represents the entire understanding between the parties.
ANNEX A – DEFINITIONS
Affiliate: The business, individual, or entity participating in the BodyFlow Affiliate Program.
Affiliate Platform: The third-party network provider (Awin) that tracks referrals and commissions.
Affiliate Site: The Affiliate’s promotional channels (websites, emails, or social media).
Qualified Purchase: A sale of BodyFlow Hydration products (e.g., monthly supply pouches, 10-packs) by a referred paying customer through Awin.
Referred Customer: A new customer referred via the Affiliate’s Awin tracking link who provides valid account and billing information.
Commission Fees: The amount paid to the Affiliate for Qualified Purchases.
