Elysium Black Diamond Affiliate Agreement
1. Introduction
This Affiliate Agreement ("Agreement") is made between Elysium Black Diamond ("Company"), and the undersigned ("Affiliate"). This Agreement outlines the terms and conditions under which the Affiliate may promote Elysium Black Diamond products and participate in the Affiliate Program.
2. Appointment
The Company hereby appoints the Affiliate as a non-exclusive, independent promoter to market and sell the Company’s products under the terms and conditions of this Agreement.
3. Affiliate Responsibilities
- Marketing and Promotion: Affiliate agrees to use best efforts to market and promote the Company’s products ethically and in accordance with all applicable laws and the guidelines provided in this Agreement.
- Compliance with Policies: Affiliate must adhere to the Company’s Email Marketing Policy, Social Media Policy, and all other guidelines as periodically updated and communicated by the Company.
4. Commission and Payments
Commission Rate: Affiliates will receive a 10% commission on net sales they generate, subject to adjustments for returns or cancellations.
Payment Schedule: Commissions are paid monthly provided the Affiliate has reached a minimum threshold of $100 in accrued commissions.
5. Policies and Procedures
a. Email Marketing Policy
Affiliates must comply with all laws relating to email communications, ensure all recipients have opted in to receive emails, and include an easy and clear way to unsubscribe.
b. Social Media Policy
Affiliates must disclose their relationship with the Company in all social media postings using appropriate hashtags such as #ad or #sponsored and adhere to the Company’s guidelines regarding content and engagement.
c. Trademark Use Policy
Affiliates are permitted to use the Company’s trademarks only in the manner authorized by the Company. Unauthorized use or modification of the trademarks is prohibited.
d. FTC Disclosure Requirements
Affiliates must comply with FTC guidelines on endorsements, ensuring all promotional materials transparently disclose the affiliate’s relationship with the Company.
6. Term and Termination
This Agreement will commence upon the Affiliate’s acceptance and can be terminated by either party with thirty (30) days’ written notice, or immediately by the Company for cause, including breach of any policy or guideline.
7. Grounds for Termination
Includes breaches such as unethical marketing practices, misuse of intellectual property, non-compliance with legal standards, and damage to the Company’s reputation.
8. Intellectual Property
All intellectual property rights are owned by the Company. Affiliate is granted a non-exclusive, revocable right to use provided materials in accordance with Company guidelines.
9. Confidentiality
Affiliate must keep any proprietary information of the Company confidential and must not disclose it without written permission.
10. Limitation of Liability and Indemnification
The Company is not liable for indirect or accidental damages arising from this Agreement. Affiliate agrees to indemnify the Company against any legal claims arising from improper use of the brand.
11. Miscellaneous
This Agreement constitutes the entire agreement between the parties, is governed by the laws of the state where the Company is headquartered, and any disputes must be resolved in the jurisdiction of the same state.
