This Affiliate Agreement (the "Agreement") provides for the terms and conditions between AX3 Life LLC ("AX3" or the "Company") and a third party providing affiliate marketing services (an "Affiliate") in accordance with the affiliate marketing program described herein (the "Program").
The Affiliate must comply with the following:
- All applicable FTC regulations.
- All applicable FDA regulations, in particular those related to structure/function claims for dietary supplements (https://www.fda.gov/regulatory-information/search-fda-guidance-documents/small-entity-compliance-guide-structurefunction-claims).
- All trademark and copyright laws.
- All other applicable regulations, rules, and laws.
AX3®, Age Fearlessly®, and Nature's Most Powerful Antioxidant, Perfected® are registered trademarks of the Company (each a "Trademark" and together the "Trademarks"). The Affiliate shall reference any Trademark appropriately with respect to AX3® (the "Brand"), AX3® Bio-Pure Astaxanthin (the "Product" and together with any other products of the Company, the "Products"), or AX3® Life (the "Community").
The Affiliate shall not register or use any domain name containing the Company, Trademark(s), Brand, Product(s), or Community.
The Affiliate shall only engage in marketing that is educational, editorial, or promotional in nature with respect to the Program. The Affiliate shall not create product listings or advertisements that would compete with the Company's product listings or advertisements.
The Affiliate shall not copy or mimic the Company's marketing, including but not limited to the Company's website, social media, email, and advertisements, or otherwise create the impression that the Affiliate is an agent or representative of the Company.
The Affiliate shall not create or market a generic or "knock-off" version of the Brand, Product(s), or Community.
The Affiliate may utilize Pay-Per-Click ("PPC") bidding in good faith on search keywords, terms, and phrases related to the Company, Brand, Product, Community, and related topics, unless otherwise requested by the Company. The Affiliate shall promptly stop applicable PPC bidding at the request of the Company if such activity is determined by the Company in its sole discretion to interfere with the Company's commercial interests or is otherwise not in the Company's best interests.
The Affiliate may utilize media, email marketing, social media marketing, and other marketing channels, unless otherwise stated by the Company.
The Affiliate shall not make any false or misleading claims about the Company, Brand, Product(s), Community, or any related promotions.
The Affiliate shall be paid commissions for sales received by the Company that are attributable to the Affiliate pursuant to the Program.
If the Affiliate violates any terms and conditions of this Agreement, this Agreement shall be subject to termination by the Company.
Either party may terminate this Agreement at any time for any reason. Upon termination, the Affiliate shall promptly stop all affiliate marketing activity under the Program; and the Company shall pay the Affiliate any commissions earned prior to termination.
