1. Eligibility & Appointment
The Affiliate confirms that they are 21 years of age or older and agree to promote the Advertiser’s products in a legal, responsible, and ethical manner through their platforms.
The Advertiser appoints the Affiliate on a non-exclusive, non-employee basis to endorse and promote its products to audiences aged 21+.
2. Term of Agreement
This Agreement begins once your application to the Affiliate Program is accepted.
The initial term is 31 days and will automatically renew unless either party provides 15 days’ written notice of non-renewal before the end of the current term.
3. Confidentiality & Intellectual Property
During this Agreement, the Affiliate may gain access to confidential and proprietary information.
The Affiliate agrees to keep all such information strictly confidential, to use it only for the purposes of this Agreement, and not to share it with any third party without written permission.
Upon termination, the Affiliate must return or destroy all confidential materials belonging to the Advertiser.
4. Prohibited Conduct
This Agreement will be immediately terminated if the Affiliate engages in any of the following:
Posting or linking content that promotes bigotry, discrimination, hate speech, or illegal activity.
Promoting content involving violence, terrorism, exploitation of minors, or deceptive practices.
Using materials that infringe on third-party intellectual property rights.
Publishing content in poor taste or with inappropriate language.
All affiliate activity must reflect positively on the Advertiser’s brand and comply with provided guidelines.
5. FTC Compliance & Disclosures
Affiliates must clearly disclose their relationship with the Advertiser when promoting products.
Disclosures must be clear, visible, and near the promotional content (e.g., using hashtags like #ad or #sponsored where space is limited).
Affiliates may only make truthful and verifiable statements about the Advertiser and its products.
6. Indemnification
The Affiliate agrees to indemnify, defend, and hold harmless the Advertiser, its affiliates, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney’s fees) arising from:
The operation of the Affiliate’s site or platforms.
Breach of this Agreement.
Violation of third-party intellectual property rights.
7. Termination
Without Cause: The Advertiser (TopGreen US Corp. / XVAPEUSA.com) may modify or terminate this Agreement at any time without cause.
With Cause: The Advertiser may terminate immediately if the Affiliate breaches any terms of this Agreement.
The Advertiser also reserves the right to update or amend these terms at its discretion.
