SOMOS Foods

SOMOS Foods

Program Terms

SOMOS FOODS AFFILIATE PARTNERSHIP AGREEMENT

Commission-Based Partnership

This Affiliate Partnership Agreement is a standing agreement between SOMOS Foods and any individual or entity ("Creator") accepted into the SOMOS Affiliate Program. Participation in the Program constitutes acceptance of these terms
 

This Agreement supplements and is subject to the SOMOS Foods Affiliate Program Terms and Conditions and the Shareasale/AWIN platform terms. In the event of any conflict, the SOMOS Foods Affiliate Program Terms and Conditions shall govern.

1. DELIVERABLES

Content Format

  • One (1) Instagram Reel or Story Post featuring SOMOS products; if a Reel, filmed vertically (9:16), minimum 30 seconds.

Posting Timeline

  • Content must be published by the end of the month of receiving the product. If you need to skip a month, that's totally fine. Just let our team know in advance.
     

Content Requirements

  • Content must authentically feature SOMOS product(s) and align with brand guidelines and applicable laws. SOMOS reserves the right to request edits, removal or correction of any content that contains inaccurate or unsubstantiated claims and/or misrepresents a product or the brand
  • Creator must include their unique affiliate link or discount code in the caption or post.

Ongoing Participation

  • To remain active in the program, Creator is expected to publish a minimum of one (1) piece of content per month featuring SOMOS products.

2. COMMISSION STRUCTURE

Creator Commission: 20% per sale

Follower Discount: 20% off purchase

Tracking Method: Unique affiliate link or code

Payment Frequency: Monthly (Net 30)

  • Commissions are earned on completed, non-refunded sales made through Creator's unique affiliate link or code.
  • This partnership is commission-only; no base fee or guaranteed payment is provided.
  • All commission payments are processed through Shareasale (AWIN). Payment-related questions or disputes must be directed to Shareasale, not SOMOS Foods.
  • SOMOS Foods reserves the right to modify commission rates or discount amounts with 30 days written notice.
  • Payments may be suspended for suspicious transactions, fraud, or other improper activity as outlined in the AWIN/Shareasale platform terms.

3. TRACKING & ATTRIBUTION

Creator's unique affiliate link uses cookie-based tracking to attribute sales. Key rules:

  • The attribution window length is set forth in Creator's Program Participation Confirmation provided by SOMOS Foods.
  • If a customer enters SOMOS Foods's website through a different affiliate's link or enters a different affiliate's code at checkout, that other affiliate will receive credit for the purchase.
  • SOMOS Foods is not liable for failures to attribute purchases due to cookie clearing, browser changes, or other tracking limitations.

4. USAGE RIGHTS & EXCLUSIVITY

License to SOMOS Foods

Creator grants SOMOS Foods a non-exclusive, royalty-free license to repost and share published content on SOMOS owned and operated social media channels for organic use only. Use in paid advertising, whitelisting, or media placements requires separate written permission from Creator.

License to Creator

SOMOS Foods grants Creator a non-exclusive, limited, non-transferable, revocable license to use SOMOS Foods trademarks and marks solely in connection with Creator's participation in the Program and in accordance with Brand guidelines provided by SOMOS Foods.

5. FTC DISCLOSURE REQUIREMENTS

Creator must comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising and all applicable advertising and consumer protection laws.

  • All affiliate or sponsored content must include a clear and conspicuous disclosure of Creator's material relationship with SOMOS Foods.
  • Acceptable disclosures include: #Ad, #Sponsored, #SOMOSPartner, or "Paid partnership with SOMOS Foods."
  • Disclosures must appear clearly at the beginning of the caption or within the video content, and must be visible before any caption truncation (e.g., before "See more").
  • Creator must provide honest opinions and authentic experiences and may not make false, misleading, or unsubstantiated claims about SOMOS products.
  • Creator shall not publish or employ any misleading or deceptive advertising material with regard to SOMOS Foods or its products.

6. PROMOTION RESTRICTIONS

Creator agrees NOT to promote SOMOS products through any of the following channels without prior written approval from SOMOS Foods:

  • Paid traffic (including any AdWords or pay-per-click campaign)
  • Re-targeting advertisement activities
  • Discount and/or coupon sites

Violations may result in commission forfeiture and termination of Creator's participation in the Program.

7. TERMINATION

Termination by SOMOS Foods

SOMOS Foods may remove Creator from the affiliate program with written notice if any of the following occur:

  • Two (2) consecutive months without publishing required content.
  • Sixty (60) days with zero tracked conversions through Creator's affiliate link or code.
  • Failure to publish content within the required 15-day posting window after receiving product.
  • Lack of communication or repeated unresponsiveness.
  • Breach of this Agreement or the AWIN/Shareasale platform terms.

Notice Before Removal

Brand will provide one written notice or check-in. If the issue is not resolved within 7 days, SOMOS Foods may terminate the partnership.

Effect of Termination

  • Creator's affiliate link will be deactivated upon termination.
  • Any earned commissions accrued up to the termination date will be paid on the next regular payment cycle, provided termination was not due to Creator's breach.
  • If termination is due to Creator's breach, SOMOS Foods has no obligation to pay commissions other than those accrued prior to the termination date.
  • Creator must immediately cease use of all SOMOS Foods trademarks and marks upon termination.

Termination by Creator

Creator may terminate participation in the program at any time with written notice to SOMOS Foods.

8. GENERAL TERMS

Independent Contractor

Creator participates as an independent contractor. This Agreement does not create an employment, partnership, or agency relationship. SOMOS Foods will not withhold taxes or provide employment benefits on Creator's behalf.

Governing Law

This Agreement is governed by the laws of the United States. Any disputes shall be resolved in accordance with the mandatory arbitration provisions set forth in the SOMOS Foods Affiliate Program Terms and Conditions, including the Class Action Waiver. Creator may opt out of arbitration within 30 days of first participation — see Section 16(j) of the SOMOS Foods Affiliate Program Terms and Conditions.

Confidentiality

Creator agrees to hold in confidence all non-public information obtained in connection with the Program, including information about SOMOS Foods's business, customers, and pricing.

Non-Disparagement

Creator shall not disparage SOMOS Foods, its products, or its trademarks during the term of this Agreement or thereafter.

Amendments

Any changes to this Agreement must be made in writing and agreed to by both parties. SOMOS Foods may update the underlying Affiliate Program Terms and Conditions and will provide notice as described in those Terms.

 

Limitation of Liability

To the fullest extent permitted by law, SOMOS Foods's aggregate liability to Creator shall not exceed the lesser of (i) the total commissions paid to Creator in the 12 months preceding the claim, or (ii) $500.00 USD. SOMOS Foods is not liable for indirect, incidental, or consequential damages.

Entire Agreement

This document, together with the SOMOS Foods Affiliate Program Terms and Conditions and AWIN/Shareasale platform terms, constitutes the entire agreement between the parties regarding the affiliate partnership.