FOCL | CBD for Wellness

Please read the terms and conditions of this Affiliate Program Agreement carefully before you join our Program or begin marketing our Program. Each Affiliate is responsible for ensuring that its employees, agents, and contractors comply with this Agreement.

BY SUBMITTING THE ONLINE APPLICATION TO JOIN OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

As used in these Terms and Conditions:

(i) “We,” “us,” or “our” refers to GoGenics, LLC d/b/a FOCL and our website.

(ii) “You” or “your” refers to the Affiliate.

(iii) “Our website” refers to the GoGenics website located at www.focl.com.

(iv) “Your website” refers to any websites that you will link to our website.

(v) “Program” refers to the GoGenics Affiliate Program.

Once you submit your application, you may be emailed and asked additional questions about your online presence. Once reviewed by our team, you will normally hear back from us within two (2) business days.

Our primary objective for our Affiliate Program is to bring awareness to the FOCL brand and to acquire new customers. We are looking for affiliate partners with high-quality traffic generated via blogs, websites, social media, email marketing, podcasts, and other approved sources.

Please note: We do not allow traffic from coupon sites, pornographic sites, or any site promoting violence or illegal activity.

Your promotion of our brand and products may not:

Infringe on our or anyone else’s intellectual property, publicity, privacy, or other rights.

Violate any law, rule, or regulation, including without limitation FTC and FDA regulations concerning the marketing of dietary supplement products and allowable claims related thereto. You may not make claims that state or imply that our products treat or cure diseases.

Contain threatening, harassing, defamatory, obscene content, harmful material directed at minors, nudity, pornography, or sexually explicit materials.

Contain viruses, Trojan horses, worms, cancelbots, or other malicious programming routines.

Contain software or technology intended to intercept, divert, or redirect Internet traffic to or from any other website, or enable diversion of affiliate commissions (including toolbars, browser plug-ins, extensions, and add-ons).

Contain negative commentary about us or any of our products.

Upon acceptance into the Program, links will be made available to you through the affiliate interface.

Your participation in the Program means you agree to the following:

You will only use linking code we provide without manipulation.

We reserve the right to review your link placement and require changes.

All domains using your affiliate link must be listed in your affiliate profile.

Your website will not copy, resemble, or mirror the look and feel of our website, including framing our website.

Cookie stuffing, pop-ups, false or misleading links are prohibited.

Cloaking or redirecting links to hide their original source is prohibited. Violations may result in voided commissions or commission rates being set to 0%.

You are responsible for maintaining and updating your site.

You must comply with all intellectual property laws and provide documentation of permissions upon request.

You may not display third-party seller trademarks from our website without independent authorization.

We grant you a limited, nonexclusive, non-transferable, revocable license to use our provided graphics and text solely for Program participation.

You acknowledge our ownership of licensed materials and agree not to challenge our rights.

You may not bypass FOCL pages to generate orders (no direct linking to cart or order forms).

No direct linking to our website from PPC ads.

You may not bid on our trademarked terms or variations without written permission.

You may not combine trademarked terms with other keywords (e.g., “FOCL coupons”).

You may not use trademarked terms in ad titles, copy, display names, or URLs.

Customers must be directed to a page on your website.

Brand bidding violations will result in permanent removal and commission reversals.

The following terms are prohibited (non-exhaustive list):

FOCL, GoGenics, focl.com, FOCL coupon, FOCL coupon code, FOCL discount, FOCL discount code, FOCL promo, FOCL promo code, FOCL sale, FOCL sales, FOCL deal, FOCL deals, FOCL Day, FOCL Night, FOCL CBD DROPS, FOCL CBDCOUPONS.

Coupon sites or unapproved codes may not be used as promotional tools.

Use of any trademarked term in your domain or subdomain is strictly prohibited.

Email promotions must:

Comply with the CAN-SPAM Act of 2003.

Be sent on your behalf and not imply they are sent by us.

Be submitted for approval prior to sending (or provide us a copy).

You may promote offers on your own social channels.

You may NOT:

Post affiliate links on FOCL’s official accounts.

Run ads using our trademarked name.

Create social media accounts containing our trademarks in the name or username.

You must comply with all applicable laws in jurisdictions where you conduct business, including GDPR and EU Privacy Directives where applicable.

You must include a clear disclosure on any page or post containing affiliate links, stating that you are being compensated.

Disclosure requirements:

Must be close to the claim.

Must appear above the fold.

Pop-up disclosures are prohibited.

The word “REVIEW” must appear in the title, URL, and cover image if applicable.

Free product receipt must also be disclosed.

We may monitor your site at any time and require modifications.
We may terminate this Agreement immediately for fraud or abuse.
The Agreement begins upon acceptance and continues until terminated.

Either party may terminate at any time.

Upon termination, all links and materials must be removed immediately.

Commissions earned prior to termination remain payable only if orders are not canceled or returned.

We may modify this Agreement at any time. Continued participation constitutes acceptance of changes.

Customers acquired through the Program are our customers. Our policies apply to them.

Only qualifying purchases tracked through your Affiliate Link are considered direct sales.

We reserve the right to exclude certain orders to prevent abuse.

Sales activity statements are available in the affiliate interface.

We may reverse commissions due to cancellations, returns, duplicate tracking, or violations.

Violations include:

Providing false or vague information.

Failure to respond within a reasonable timeframe.

Inability to substantiate traffic sources.

We reserve the right to reverse commissions, set commission rates to 0%, suspend, or terminate participation.

We grant a limited, non-exclusive, revocable license to use our materials solely for Program participation.

No ownership rights are transferred.

You represent that:

This Agreement is valid and binding.

You have authority to enter into this Agreement.

You possess sufficient rights to grant permissions herein.

GOGENICS MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE PROGRAM OR PRODUCTS, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY, OR NON-INFRINGEMENT.

We are not liable for indirect, incidental, special, or consequential damages.

Total liability shall not exceed the total commission fees paid to you under this Agreement.

You agree to defend and indemnify GoGenics and its affiliates against all claims arising from:

Intellectual property infringement

Breach of this Agreement

Claims related to your website

Confidential information disclosed during this Agreement remains the property of the disclosing party and must not be shared without written permission.

Independent contractor relationship only.

No assignment without consent.

Governed by California law.

Amendments must be in writing.

Entire Agreement clause applies.

Headings are for convenience only.

Invalid provisions shall be limited or eliminated.

Failure to enforce does not waive rights.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY ADMIT OTHERS INTO THE PROGRAM ON DIFFERENT TERMS. YOU HAVE INDEPENDENTLY EVALUATED PARTICIPATION AND ARE NOT RELYING ON ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.