HALF BAK'D Affiliate Program Agreement
1. Introduction
Welcome to the HALF BAK'D Affiliate Program ("Program"). This Affiliate Agreement ("Agreement") is entered into between HALF BAK'D ("Company") and you ("Affiliate"). By participating in the Program, you agree to abide by the terms and conditions outlined in this Agreement.
2. Definitions
Affiliate: An individual or entity that promotes the Company’s products and generates sales through unique referral links.
Commission: The payment earned by the Affiliate for each sale generated through their promotional efforts.
Referral: A potential customer directed to the Company’s website through the Affiliate’s unique link.
Cookie Duration: The period during which a referral is tracked for commission purposes.
3. Enrollment and Acceptance
To join the Program, you must complete the enrollment process and be approved by the Company. The Company reserves the right to accept or reject any application at its sole discretion. Acceptance of your application is contingent upon your compliance with the terms of this Agreement.
4. Affiliate Obligations
- Promotion: Affiliates agree to promote the Company’s products in a truthful and ethical manner, using authorized marketing materials.
- Compliance: Affiliates must comply with all applicable laws, including but not limited to FTC guidelines for endorsements and advertising.
- Prohibited Activities: Affiliates may not engage in spamming, false advertising, or any misleading promotional practices.
5. Company Obligations
- Resources: The Company will provide Affiliates with necessary marketing materials, including banners, links, and product information.
- Support: The Company will offer support and communication channels for Affiliates to address any queries or issues.
- Timely Payments: Commissions earned will be paid out according to the terms specified in this Agreement.
6. Commissions and Payment Terms
- Commission Rate: Affiliates will earn up to 25% commission on each sale generated through their referral links. Dedicated coupon sites will receive a 10% commission.
- Payment Schedule: Commissions are paid monthly, within [X] days after the end of each month.
- Payment Method: Payments will be made via [Payment Method, e.g., PayPal, bank transfer].
- Minimum Payout: The minimum payout threshold is [Amount, e.g., $50]. Commissions below this amount will roll over to the next payment cycle.
- Refunds and Chargebacks: Commissions will be adjusted for any refunded or canceled orders. Chargebacks will result in commission reversals.
7. Tracking and Reporting
- Tracking Method: The Company uses cookies to track referrals. Cookies remain active for an unlimited duration, ensuring Affiliates receive credit for referrals regardless of when they convert.
- Access to Reports: Affiliates can access their performance reports through their dashboard, which includes data on clicks, sales, and commissions earned.
8. Intellectual Property
- License: The Company grants Affiliates a non-exclusive, non-transferable license to use its trademarks, logos, and marketing materials solely for the purpose of promoting the Company’s products.
- Restrictions: Affiliates may not modify, distribute, or create derivative works from the Company’s intellectual property without prior written consent.
9. Confidentiality
Affiliates agree to keep all proprietary information received from the Company confidential and not disclose it to any third parties. This obligation remains in effect even after termination of the Agreement.
10. Termination
- By Company: The Company may terminate this Agreement at any time, with or without cause, by providing written notice to the Affiliate.
- By Affiliate: Affiliates may terminate their participation in the Program at any time by providing written notice to the Company.
- Effect of Termination: Upon termination, Affiliates must cease all promotional activities and discontinue use of the Company’s intellectual property. Outstanding commissions will be paid according to the payment terms, subject to adjustments for any refunds or chargebacks.
11. Indemnification
Affiliates agree to indemnify and hold harmless the Company from any claims, damages, or liabilities arising out of their promotional activities or breach of this Agreement.
12. Limitation of Liability
The Company shall not be liable for any indirect, incidental, or consequential damages arising out of this Agreement. The Company's total liability under this Agreement shall not exceed the total commissions paid to the Affiliate in the preceding six months.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. Any disputes arising out of this Agreement shall be resolved through [Arbitration/Mediation] in [Location].
14. Miscellaneous
- Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings.
- Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.
- Assignment: Affiliates may not assign this Agreement to any third party without the Company's prior written consent.
- Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
By enrolling in the HALF BAK'D Affiliate Program, you agree to abide by the terms and conditions outlined in this Agreement.
© [Year] HALF BAK'D. All rights reserved.
