Penguin CBD

Penguin CBD

Program Terms

Penguin Wellness Affiliate Program — Terms & Conditions

Last Updated: June 25th, 2026

Please read these affiliate terms and conditions carefully before you join our Program or begin marketing it. As before, these terms are written in plain language and intentionally avoid legalese to ensure they are clearly understood and followed. Adherence helps keep the Penguin Wellness Affiliate Program sustainable and beneficial for both Penguin Wellness and our affiliates.

Definitions

As used in these Terms: (i) "We," "us," or "our" refers to Penguin Wellness; (ii) "you" or "your" refers to the Affiliate; (iii) "our website" refers to the Penguin Wellness website located at www.penguin-wellness.com; (iv) "your website" refers to any website or property that you use to link to our website; (v) "Program" refers to the Penguin Wellness Affiliate Program; (vi) "Network" or "AWIN" refers to AWIN, the affiliate network through which the Program is administered.

"Affiliate" means any person, including but not limited to any third-party marketer, who participates in an Affiliate Program. "Affiliate Network" means any person who provides another person with affiliates for an Affiliate Program, or with whom any person contracts as an affiliate to promote any product, service, or Program. "Affiliate Program" means any arrangement under which Penguin Wellness pays, offers to pay, provides, or offers to provide any form of consideration to any third party, either directly or through an Affiliate Network, (a) to provide or refer potential or actual customers, or (b) otherwise to market, advertise, or offer for sale any product, service, or Program on behalf of Penguin Wellness.

Eligibility & Enrollment

To join the Program, you must apply and be approved through AWIN. We may approve or decline any application at our discretion, and we may suspend or remove any affiliate who violates these Terms. You must be at least 21 years old and legally able to enter into this agreement. You are responsible for the content, conduct, and legal compliance of any property you use to promote the Program.

Commissions & Payment
  • Commission rate: 20% of qualifying net sales generated through your affiliate links, as tracked and calculated by AWIN.
  • Attribution period (cookie length): 30 days. A sale is attributed to you when a customer completes a qualifying purchase within 30 days of clicking your affiliate link, subject to AWIN's tracking and last-click rules.
  • Validation period: Tracked transactions remain pending for up to 50 days to allow for the review and removal of returns, cancellations, and invalid or fraudulent orders. Any transaction not manually actioned within this 50-day window is automatically validated (approved) through AWIN.
  • Payments, thresholds, and methods: All commission payments, minimum payout thresholds, payment schedules, and payment methods are processed and governed by AWIN under AWIN's payment terms. Returns, refunds, and chargebacks are reflected through the validation process described above and through AWIN.

We use advanced attribution rules in the Program, and commission levels may take into account factors such as the referral site type, whether the customer is new or existing, affiliate performance, and sales volume. Commission rates and Program terms are subject to change with notice. If you have questions about your commissions, please get in touch with us or your AWIN account contact.

CBD Compliance & Prohibited Claims

Because we sell hemp-derived CBD products, this section is the most important in these Terms, and we enforce it strictly. Claims made by affiliates can create legal liability for Penguin Wellness, so compliance here is mandatory.

No health or disease claims. You may not state or imply that any Penguin Wellness product diagnoses, treats, cures, mitigates, or prevents any disease or health condition. This includes, but is not limited to, claims relating to anxiety, depression, pain, inflammation, insomnia or sleep disorders, arthritis, cancer, seizures, or any other medical condition.

Only approved claims. Any claim you make about our products' effects must be one that we have provided or approved in writing, and that can be supported by competent and reliable scientific evidence. This rule applies to testimonials and personal opinions as well — a testimonial may not be used to communicate a claim that we could not lawfully make ourselves.

Required disclaimer. Any promotion that references health, wellness, or product effects should carry a clear disclaimer, such as: "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."

No false regulatory claims. Do not state or imply that our products are approved, endorsed, evaluated by, or registered with the FDA, or that they are "FDA approved."

Use approved product descriptions. Use the product names, descriptions, and category language that we provide. Do not mischaracterize our products, their ingredients, or their legal status.

Monitoring and correction. We may review your promotional content at any time and require you to promptly remove or correct any claim that does not comply with these Terms. Failure to comply may result in removal from the Program, reversal of sales, or reduction of commissions.

Age Restrictions & Prohibited Audiences
  • Do not market our products to anyone under 21, and comply with the minimum purchase age in every state where you promote.
  • Do not use imagery, characters, themes, flavors, or messaging that could appeal to minors.
  • Do not place Program advertising on adult websites, channels, or content directed to minors.
Coupon Guidelines

If you are enrolled in our Program and your website promotes coupon codes, you must adhere to the following: You may ONLY advertise coupon codes that are provided to you through the affiliate program or network. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer emails, paid search, or any other campaign. Violation of these terms may result in removal from the Penguin Wellness affiliate program, reversal of sales, or reduction in commissions.

PPC Guidelines

If you are enrolled in our Program and participate in PPC advertising, you must adhere to the following:

  • You may not bid on any of our brand terms, including any variations or misspellings, for search- or content-based campaigns on Google, Bing, Yahoo, or any other network. These branded terms, including Penguin Wellness and similar terms, are used without express written permission.
  • You may not use our Branded terms in sequence with any other keyword (e.g., "Penguin Wellness Coupons") without express written permission.
  • You may not directly link to our website from any Pay-Per-Click ad or use redirects that yield the same result. Visitors must be directed to an actual page on your own website.
  • You may not use our URL (www.penguin-wellness.com) as your Display URL.

If you automate your PPC campaigns, it is your responsibility to exclude our Branded terms from your Program, and we strongly suggest adding them as negative keywords. If you violate these PPC guidelines, your current and past commissions may be set to 0% without warning.

Branded Terms: Penguin Wellness, Penguin CBD, Penguin Supplements, Penguin Oil, Penguin Gummies, Penguin gummy Bears, Penguin sour worms, Penguin dog oil, Penguin cat oil, Penguin cream, Penguin.

Violation of these terms may result in removal from the Penguin Wellness affiliate program, reversal of sales, or reduction in commissions.

Social Media

Affiliates are not permitted to use our Branded terms plus other words, or any variation or misspelling, to create pages or accounts on Facebook, YouTube, Twitter/X, TikTok, Reddit, Instagram, or any other platform — including but not limited to Penguin Wellness.

Domain Names

Use of any of our Branded terms or misspellings as part of the domain for your website is strictly prohibited (e.g., www.penguin-wellness-coupons.com).

Prohibited Promotional Methods

In addition to the rules above, you may not:

  • Use cookie stuffing, forced clicks, or any method that drops tracking cookies without a genuine customer click.
  • Send unsolicited bulk email (spam) or otherwise violate the CAN-SPAM Act.
  • Use malware, adware, spyware, toolbars, or browser extensions to generate clicks or sales.
  • Register or use domains, usernames, or ad copy that incorporate our brand name or misspellings (see PPC, Social Media, and Domain Names above).
  • Make false, misleading, or deceptive statements about our products, pricing, or promotions.
  • Generate self-referrals or earn commissions on your own purchases.
Advertising & Publicity

You shall not create, publish, distribute, or print any written material that references our Program without first submitting such material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must:

  1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
  2. Ensure that the email is sent on your own behalf and does not imply that it is being sent on behalf of Penguin Wellness.
  3. Submit emails to us for approval before sending.
FTC Compliance

Penguin Wellness requires you to disclose your affiliate relationship on any promotion for this merchant. This includes but is not limited to blog posts, videos, emails, social media, and website pages. Your audience must understand that you may earn commissions if they click your links. The disclosure should be clear and concise, stating that Penguin Wellness is compensating you for your review or endorsement. If you received the product for free from Penguin Wellness for review, this must also be clearly stated.

For more information about complying with the FTC's Endorsement Guides, review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the FTC Endorsements website resource, and the FTC Dot Com Disclosures. These FTC resources provide guidance only; they do not constitute legal advice and do not guarantee compliance. You are advised to obtain your own legal advice on how these rules apply to your promotional activities. (See the FTC.gov Business Center — Advertising and Marketing — Endorsements, Influencers, and Reviews.)

We may monitor affiliate content for compliance and may require correction or removal of any promotion that does not meet these requirements.

Appropriate Disclosure

Every Affiliate must disclose the relationship and its nature with Penguin Wellness. All affiliate advertisements must be truthful and not misleading, and all disclosures must be clear and conspicuous.

Do:

  • Place the disclosure within the ad message itself.
  • Use simple and clear language. Simple statements like "Affiliate Relationship with Penguin Wellness" are often enough when placed where they are hard to miss, as are terms like "advertisement," "ad," and "sponsored," including "Penguin Wellness Sponsored," "Penguin Wellness Partner," or "Penguin Wellness Affiliate."
  • Make the disclosure in the same language as the endorsement itself.
  • For an endorsement in a picture on a platform like Snapchat or Instagram Stories, superimpose the disclosure over the picture and give viewers enough time to notice and read it.
  • For an endorsement during a live stream, repeat the disclosure periodically so viewers who only see part of the stream still get it.
  • For an endorsement in a video, place the disclosure in the video itself, not just in the description.
  • Talk about an experience you personally had.
  • Always use your affiliate code or link.
  • Always tell your audience how and where to buy Penguin Wellness products.

Don't:

  • Assume consumers already know about the affiliate program and your relationship to Penguin Wellness.
  • Mix your disclosure into a group of hashtags or links.
  • Put a video endorsement's disclosure only in the uploaded description.
  • Use vague or confusing terms like "sp," "spon," or "collab," or stand-alone terms like "thanks" or "ambassador," and avoid other abbreviations and shorthand.
  • Make up claims about a product that would require proof, Penguin Wellness does not have — such as scientific proof that a product can treat a health condition.
Trademark & Creative Assets

We grant you a limited, non-exclusive, revocable license to use the Penguin Wellness name, logos, and creative assets that we provide, solely to promote the Program in compliance with these Terms. You may not modify our assets or use them in any misleading way or in any way that implies you are Penguin Wellness. This license ends when your participation in the Program ends.

Term, Termination & Changes

Either you or we may end your participation in the Program at any time. We may suspend or terminate your participation immediately for any violation of these Terms. Upon termination, your license to use our trademarks and assets ends, and any pending commissions remain subject to validation and payment through AWIN. We may update these Terms from time to time; your continued participation after a change means you accept the updated Terms.

Independent Contractor Relationship

You and Penguin Wellness are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. You have no authority to make commitments on our behalf.

Taxes

You are responsible for all taxes on commissions you earn. US-based affiliates must provide a valid Form W-9 (or other applicable tax documentation) through AWIN and may receive a Form 1099 where required.

Disclaimers, Limitation of Liability & Indemnification

Our products and the Program are provided "as is." To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages arising from your participation in the Program. You agree to indemnify and hold Penguin Wellness harmless from any claims, losses, or liabilities arising from your promotional activities, your content, or your violation of these Terms or applicable law (including FTC and FDA requirements).

Governing Law

These Terms are governed by the laws of Wyoming, without regard to conflict-of-laws principles.

Questions

If you have any questions, please get in touch with our team at happy@penguin-wellness.com