Affiliate Program Terms
These Affiliate Program Terms (the “Terms”) govern the relationship between [Brand Name] (hereinafter referred to as “Brand”, “we”, “us” or “our”) and any affiliate (hereinafter referred to as “Affiliate”, “you” or “your”) who participates in the Brand’s Affiliate Program (the “Program”) via the Awin affiliate platform (the “Awin Platform”). By applying to, registering for, or participating in the Program through the Awin Platform, you acknowledge that you have read, understood, and unconditionally agreed to these Terms, as well as the Awin Publisher Agreement, Awin’s Platform Terms of Service, and any other relevant policies or guidelines issued by Awin or the Brand from time to time.
The Brand reserves the sole and exclusive right to interpret, amend, modify, supplement, or terminate these Terms at any time, in its absolute discretion, without prior notice to you, unless otherwise required by applicable law. Any interpretation, amendment, modification, supplement, or termination made by the Brand shall take effect immediately upon being posted on the Awin Platform or notified to you through other reasonable means (including but not limited to email). Your continued participation in the Program after such changes shall constitute your acceptance of the revised Terms. If you do not agree to any revised Terms, you must immediately cease all participation in the Program and terminate your affiliation with the Brand through the Awin Platform.
1. Program Overview
1.1 The Program allows Affiliates to promote the Brand’s products or services (the “Products/Services”) through approved marketing channels, using unique tracking links provided by the Awin Platform (the “Affiliate Links”). Affiliates will earn commissions on Qualified Sales (as defined in Section 4) generated through their Affiliate Links, subject to the terms and conditions set forth herein.
1.2 The Brand reserves the right to determine the scope of Products/Services eligible for promotion under the Program, and may add, remove, or modify eligible Products/Services at any time, in its sole discretion, without prior notice. Such changes shall be binding on Affiliates immediately upon implementation, and the Brand shall have no liability to Affiliates for any losses or damages arising from such changes.
1.3 Participation in the Program is voluntary, and the Brand reserves the right to approve or reject any Affiliate application at its sole discretion, without providing any reason or explanation. The Brand also reserves the right to suspend or terminate any Affiliate’s participation in the Program at any time, for any reason or no reason, in its absolute discretion, without prior notice.
2. Affiliate Obligations
2.1 You agree to promote the Brand’s Products/Services in a professional, ethical, and legal manner, and to comply with all applicable laws, regulations, rules, and industry standards (including but not limited to data protection laws, advertising laws, anti-spam laws, and consumer protection laws) in all jurisdictions where you conduct promotional activities.
2.2 You shall only use the Affiliate Links, marketing materials, logos, trademarks, and other brand assets (the “Brand Assets”) provided by the Brand or the Awin Platform. You shall not modify, alter, adapt, or tamper with any Brand Assets without the Brand’s prior written consent. Any unauthorized use of Brand Assets shall constitute a breach of these Terms and may result in immediate termination of your participation in the Program, as well as legal liability.
2.3 You agree not to engage in any prohibited promotional activities, including but not limited to: (a) Using paid search ads (PPC) that bid on the Brand’s trademarks, trade names, logos, or variations thereof (including misspellings); (b) Promoting the Products/Services on websites or channels containing illegal, offensive, inappropriate, misleading, or defamatory content (including but not limited to content involving violence, pornography, hate speech, illegal substances, or fraudulent activities); (c) Using deceptive or misleading marketing practices, including but not limited to false claims, exaggerated descriptions, or phishing; (d) Distributing unauthorized coupon codes, discounts, or promotions; (e) Engaging in cookie stuffing, click fraud, or any other activity intended to manipulate the tracking or commission calculation process; (f) Representing yourself as an employee, agent, or official representative of the Brand without prior written authorization; (g) Promoting the Products/Services through any channel or method that may harm the Brand’s reputation, image, or goodwill.
2.4 You shall maintain accurate and up-to-date information in your Awin account, including but not limited to contact information, payment details, and promotional channels. You shall notify the Brand and Awin immediately of any changes to such information.
2.5 You agree to cooperate with the Brand and Awin in any investigation or audit related to your promotional activities, including providing access to relevant records, data, or information upon request.
3. Tracking and Attribution
3.1 All Affiliate Links will be tracked by the Awin Platform, and commissions will be attributed based on Awin’s tracking technology and the Brand’s attribution rules. The Brand reserves the right to determine the attribution rules for Qualified Sales, including but not limited to the last-click attribution model, and may modify such rules at any time in its sole discretion.
3.2 The standard cookie period for tracking is [30] days, unless otherwise specified by the Brand. If a customer clicks on your Affiliate Link and completes a Qualified Sale within the cookie period, the commission will be attributed to you. If the cookie period expires or the customer clicks on another Affiliate’s link before completing a sale, no commission will be attributed to you.
3.3 The Brand and Awin shall not be liable for any tracking errors, delays, or failures caused by technical issues, third-party interference, or your improper use of Affiliate Links. You acknowledge that tracking technology is not infallible, and the Brand reserves the right to adjust or reverse commissions based on accurate tracking data or investigation results, in its sole discretion.
4. Commissions
4.1 A “Qualified Sale” means a completed purchase of the Brand’s Products/Services by a customer who clicks on your Affiliate Link, completes the transaction, and does not request a refund, return, cancellation, or chargeback, and which is not deemed fraudulent, invalid, or in violation of these Terms by the Brand, in its sole discretion.
4.2 Commission rates are determined by the Brand, in its sole discretion, and are displayed in your Awin account. The Brand reserves the right to adjust commission rates at any time, for any reason, including but not limited to changes in product pricing, promotional strategies, or market conditions. Such adjustments shall take effect immediately upon being posted in your Awin account or notified to you, and the Brand shall have no liability to Affiliates for any losses arising from such adjustments.
4.3 Commissions will be calculated based on the net sale amount of the Qualified Sale, excluding taxes, shipping fees, discounts, coupons, returns, refunds, chargebacks, and any other deductions, as determined by the Brand in its sole discretion.
4.4 Commission payments will be processed by Awin in accordance with Awin’s payment schedule and terms. The Brand reserves the right to set a minimum commission threshold for payment, and any commissions below the threshold will be carried over to the next payment period.
4.5 The Brand reserves the right to reverse any commissions that are deemed invalid, including but not limited to commissions arising from fraudulent sales, returns, refunds, chargebacks, prohibited promotional activities, or tracking errors. The Brand may also deduct any reversed commissions from future commission payments, in its sole discretion.
5. Intellectual Property Rights
5.1 All intellectual property rights in the Brand Assets, including but not limited to trademarks, trade names, logos, copyrights, patents, and trade secrets, are owned exclusively by the Brand. Nothing in these Terms grants you any right, title, or interest in or to the Brand Assets, except for the limited, non-exclusive, revocable right to use them for the purpose of promoting the Products/Services under the Program, in accordance with these Terms.
5.2 You agree not to register, use, or attempt to register any domain name, social media handle, or other identifier that incorporates the Brand’s trademarks, trade names, or logos, or that is confusingly similar to the Brand’s intellectual property, without the Brand’s prior written consent.
5.3 You shall immediately cease all use of the Brand Assets upon termination of your participation in the Program, and shall return or destroy all Brand Assets in your possession, upon the Brand’s request.
6. Termination
6.1 These Terms shall remain in effect from the date you are approved to participate in the Program until terminated by either party.
6.2 The Brand may terminate your participation in the Program at any time, without prior notice, for any reason or no reason, in its absolute discretion, including but not limited to: (a) Breach of any of these Terms or any policies issued by the Brand or Awin; (b) Engaging in prohibited promotional activities; (c) Providing false or misleading information to the Brand or Awin; (d) Failure to generate any Qualified Sales within a reasonable period of time, as determined by the Brand; (e) Harm to the Brand’s reputation, image, or goodwill; (f) Legal or regulatory non-compliance; (g) The Brand’s decision to discontinue the Program or your specific affiliation.
6.3 You may terminate your participation in the Program at any time by notifying the Brand and Awin in writing, and ceasing all promotional activities related to the Program.
6.4 Upon termination of your participation in the Program: (a) Your right to use Affiliate Links and Brand Assets shall immediately cease; (b) You shall no longer earn any commissions on sales generated through your Affiliate Links, even if such sales are completed after termination; (c) The Brand reserves the right to reverse any commissions that have not yet been paid and that are deemed invalid or related to prohibited activities; (d) You shall comply with Section 5.3 regarding the return or destruction of Brand Assets; (e) All provisions of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, confidentiality, limitation of liability, and dispute resolution) shall remain in effect.
7. Confidentiality
7.1 You agree to maintain the confidentiality of any non-public information provided to you by the Brand or Awin in connection with the Program, including but not limited to commission rates, marketing strategies, customer data, and internal policies (the “Confidential Information”).
7.2 You shall not disclose, share, or use any Confidential Information for any purpose other than participating in the Program, without the Brand’s prior written consent. You shall take all reasonable measures to protect the confidentiality of Confidential Information, including but not limited to the same measures you take to protect your own confidential information of similar nature.
7.3 The confidentiality obligation shall survive termination of these Terms for a period of [3] years.
8. Limitation of Liability
8.1 To the maximum extent permitted by applicable law, the Brand shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for lost profits, lost sales, lost commissions, lost data, or business interruption, arising out of or in connection with the Program, these Terms, or your participation in the Program, regardless of the cause of action (whether in contract, tort, negligence, or otherwise).
8.2 The Brand shall not be liable for any damages arising from: (a) Technical issues, errors, or failures of the Awin Platform or tracking technology; (b) Your breach of these Terms or any applicable laws; (c) Unauthorized use of Affiliate Links or Brand Assets; (d) Actions or omissions of third parties (including but not limited to customers, other Affiliates, or Awin); (e) Changes to these Terms, commission rates, eligible Products/Services, or Program rules; (f) Termination of your participation in the Program.
8.3 The total liability of the Brand to you, in any event, shall not exceed the total amount of commissions paid to you by the Brand in the [3] months preceding the claim.
9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless the Brand, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, losses, damages, liabilities, costs, and expenses (including but not limited to reasonable attorney’s fees) arising out of or in connection with: (a) Your participation in the Program; (b) Your breach of these Terms or any applicable laws, regulations, or rules; (c) Your use or misuse of Affiliate Links or Brand Assets; (d) Your prohibited promotional activities; (e) Any false or misleading statements or representations made by you; (f) Any third-party claims arising from your promotional activities.
10. General Provisions
10.1 Final Interpretation: The Brand shall have the sole and exclusive right to interpret these Terms, as well as any disputes, questions, or ambiguities arising out of or in connection with these Terms or the Program. The Brand’s interpretation shall be final and binding on you, unless otherwise required by applicable law.
10.2 Independent Contractor: You are an independent contractor, and nothing in these Terms shall be construed to create a partnership, joint venture, agency, employer-employee, or franchisor-franchisee relationship between you and the Brand. You shall not have the authority to bind the Brand to any agreement, representation, or obligation, and shall not represent yourself as having such authority.
10.3 Assignment: You shall not assign or transfer any of your rights or obligations under these Terms without the Brand’s prior written consent. The Brand may assign or transfer these Terms, in whole or in part, to any third party at any time, without your consent.
10.4 Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
10.5 Waiver: The Brand’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision, or of any other provision. The Brand’s waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.
10.6 Governing Law: These Terms shall be governed by and construed in accordance with the laws of North Carolina, USA, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of North Carolina.
10.7 Contact Information: If you have any questions about these Terms or the Program, please contact the Brand at help@cozyla.com.
Last Updated: Feb 2026
Cozyla
