This Affiliate Marketing Agreement ("Agreement") is made and entered into as of todays date,
by and between TheStandingDesk.com, a Michigan corporation, with its principal place of
business located at 2851 Buchanan Grand Rapids Mi.and [AFFILIATE NAME], located at
[ADDRESS] ("Affiliate").
WHEREAS, Company offers products and/or services for sale through its website
TheStandingDesk.com
WHEREAS, Affiliate wishes to promote the products and/or services offered on the Affiliate's
website(s) and/or other promotional channels.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
1. Affiliate Relationship. Company hereby appoints Affiliate as a non-exclusive affiliate of
Company to promote Company's products and/or services through the Promotional Channels,
subject to the terms and conditions of this Agreement.
2. Promotional Channels. Affiliate may promote Company's products and/or services through
Affiliate's website(s) and/or other Promotional Channels approved by Company in writing.
Affiliate shall not promote Company's products and/or services through any Promotional
Channel that is illegal, offensive, or otherwise inappropriate, as determined by Company in its
sole discretion.
3. Compensation. In consideration for Affiliate's promotion of Company's products and/or
services, Company shall pay Affiliate a commission based on the sales generated by Affiliate's
Promotional Channels. The commission rate and payment terms shall be set forth in Exhibit A,
which is attached hereto and incorporated by reference.
4. Affiliate's Obligations. Affiliate shall use its best efforts to promote Company's products
and/or services through the Promotional Channels in a manner that reflects favorably on
Company and its products and/or services. Affiliate shall comply with all applicable laws,
regulations, and guidelines in connection with its promotion of Company's products and/or
services. Affiliate shall not make any representations or warranties on behalf of Company or
bind Company in any manner.
5. Company's Obligations. Company shall provide Affiliate with all necessary marketing
materials, including, but not limited to, banners, text links, and product images, to be used in
connection with Affiliate's promotion of Company's products and/or services. Company shall be
solely responsible for processing all orders for its products and/or services and for handling all
customer service issues related to such orders.
6. Termination. Either party may terminate this Agreement at any time upon written notice to
the other party. Upon termination, Affiliate shall immediately cease promoting Company's
products and/or services and shall return all marketing materials provided by Company.
7. Representations and Warranties. Each party represents and warrants that it has the full
power and authority to enter into and perform this Agreement, and that its performance of this
Agreement will not violate any applicable law or regulation or infringe upon any third party's
intellectual property rights.
8. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT.
9. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the state of [STATE] without giving effect to any choice of law or conflict of law
provision or rule.
10. Entire Agreement. This Agreement contains the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior and contemporaneous
understandings, agreements, and negotiations, whether written or oral.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
