This Affiliate Marketing Program Agreement is made and entered into by and between Zylch Inc., and the Affiliate ("Affiliate"), who agrees to participate in the Zylch Affiliate Marketing Program ("Program"). By enrolling in the Program, the Affiliate agrees to the terms and conditions of this Agreement.
1. Promotion of Products
1.1 The Company reserves the right to approve or reject any Program application at its sole discretion.
1.2 The Affiliate agrees to use the Marketing Materials solely for the promotion of Zylch Cups products.
1.3 The Affiliate agrees not to make any false or misleading claims about Zylch Cups products.
2. Affiliate Responsibilities
2.1 The Affiliate agrees to comply with all applicable laws and regulations in connection with their participation in the Program.
2.2 The Affiliate must disclose their affiliate relationship with Zylch Cups on their promotional platforms, as required by the Federal Trade Commission (FTC) guidelines.
2.3 The Affiliate agrees not to engage in any deceptive, fraudulent, or unethical practices, including but not limited to spamming, cookie stuffing, or using adware.
3. Intellectual Property
3.1 The Company grants the Affiliate a limited, non-exclusive, non-transferable, revocable license to use the Marketing Materials solely for the purpose of promoting Zylch Cups products.
3.2 The Affiliate agrees not to modify, alter, or create derivative works of the Marketing Materials without the prior written consent of the Company.
4. Limitation of Liability
4.1 The Company will not be liable for any indirect, incidental, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if the Company has been advised of the possibility of such damages.
4.2 The Company’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to the Affiliate under this Agreement.
