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Affiliate Program Agreement


This Affiliate Program Agreement (the “Agreement”) is between you and Seller and sets forth the terms and conditions for your participation in the Seller’s affiliate program (the “Affiliate Program”). The Affiliate Program shall be facilitated, at least in part, via a third-party platform company, Levanta Inc. (“Levanta”). The Levanta platform shall be referred to as the “Levanta Platform” herein. In this Agreement, “you” or “your” means the individual or business applying via the Levanta Platform to participate in Seller’s Affiliate Program. In this Agreement, the term “Seller” means the provider (and any of its affiliates) of the Affiliate Program to which you are applying to be a participant.


To apply for and to participate in the Affiliate Program, you must accept this Agreement. By clicking to indicate your acceptance when prompted on the Levanta Platform, you agree to the terms of this Agreement.

  1. Eligibility and Enrollment
    To be eligible to participate in the Affiliate Program, you must have and maintain in good standing an account on the Levanta Platform. You must ensure that the information in your account and in any application you submit to Seller, including your email address, is at all times accurate and up-to-date. Seller may send notifications, approvals, and other communications relating to the Affiliate Program and the Agreement to the email address then-currently associated with your Levanta Platform account. You will be deemed to have received all notifications sent to that email address.
    To enroll in the Affiliate Program, you must submit an application and be approved by Seller. Seller reserves the right to accept or reject your application in its sole discretion. If Seller rejects your application, this Agreement will terminate automatically.
  2. Affiliate Links
    Once you are enrolled in the Affiliate Program, you will be issued one or more unique affiliate links or URL parameters via the Levanta Platform, which will facilitate tracking of your affiliate referrals, as detailed in the Levanta Terms of Service (“Links”). It is your responsibility to ensure that you properly format your affiliate Links. Affiliate Commissions shall only be paid on sales that are made when the purchaser clicks through properly formatted affiliate Links.
  3. Commissions
    You will receive affiliate commission (“Affiliate Commissions”) from the sale of Qualifying Orders (as hereinafter defined) completed through your provided affiliate Link(s) in such amounts to be determined in reference to Seller’s applicable commission rate schedule then in effect. In addition to all other requirements set forth herein, to be eligible for Affiliate Commissions, (a) You must correctly and exclusively use Seller’s Promotional Materials (as hereinafter defined), (b) a consumer follows a Link provided to you to the Seller’s ordering page on, (c) the consumer purchases Seller’s products on such page, (d) the consumer accepts delivery of the products at the designated shipping destination, (e) the consumer remits full payment for the products , and (f) the sale is recorded by Levanta (each, a “Qualifying Order”). If a Qualifying Order that generates an Affiliate Commission is (i) returned by the consumer, or (ii) results in a refund, chargeback, or similar event that results in a sale being rescinded (each, a “Rescinded Transaction”), you shall not be entitled to any Affiliate Commissions for such Rescinded Transaction. If an Affiliate Commission has already
    been paid to you, Seller may deduct the value of any Rescinded Transaction from your next monthly payment. You acknowledge and agree that Seller shall have the right, in its
    sole and absolute discretion, to: (i) accept or reject any order for the purchase of products; (ii) suspend or cancel deliveries of products for any reason which it deems
    sufficient; (iii) add, delete or change items of products from time to time without incurring any liability thereby or any obligation to change or repurchase products
    previously sold by Seller; and (iv) suspend or terminate your participation in the Affiliate Program for any suspicious or questionable orders generated by you, including but not
    limited to duplicate orders, fraudulent orders, automated orders or declined orders.
  4. Payment
    Seller shall pay Affiliate Commissions to Levanta using the payment process enabled by the Levanta Platform and Levanta shall pay you the applicable Affiliate Commissions. In
    order for you to receive payment of eligible earned Affiliate Commissions, you must have: (a) agreed to the terms of this Agreement (including by clicking to agree if the option is
    made available to you on the Levanta Platform); (b) completed all steps necessary to create your account on the Levanta Platform; (c) have valid and up-to-date payment
    information in your account on the Levanta Platform; and (d) completed any and all required documentation in order for the Levanta Platform or third-party payment
    processors Levanta may contract with in order to process any payments that may be owed to you.
  5. Brand Usage and Proprietary Rights
    You may only use Seller’s text, names, trademarks, service marks, copyrights, materials, artwork, graphics, images, logos, banner advertisements, and other elements that are
    provided to you by Seller to promote Seller’s Products (the “Promotional Materials”) in accordance with Seller’s guidelines as published or otherwise made available to you from
    3 time to time, whether verbally or in writing. Seller grants you a limited, revocable, nontransferable, non-sub licensable, non-exclusive, and royalty-free license to copy and
    display the Promotional Materials solely to perform your obligations under this Agreement. As between you and Seller, Seller is the sole owner or rightful licensee of the
    Promotional Materials, and the foregoing license grants you no rights to the Promotional Materials nor shall you have any right to use the Promotional Materials for any reason
    other than to perform your obligations under this Agreement. You may not edit, change, or modify the Promotional Materials for any reason whatsoever without Seller’s prior
    written permission. None of your promotional activities may infringe on Seller’s proprietary rights or a third party’s proprietary rights.
  6. Qualifying Sites
    Seller reserves the right to refuse you entry into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which: promote
    sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities;
    infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Seller. Seller reserves the right to void any Affiliate Commissions earned from
    any promotional activities conducted on sites that violate this Section 6.
  7. Prohibited Uses of Links
    You must promote Seller in a way that is not misleading and such that your affiliate Link(s) enable visitors who use the link to engage in bona fide transactions with Seller
    via the Link. You shall not use your affiliate Links to cause, whether directly or indirectly, any transactions to be made that are not in good faith, including, but limited to,
    using any device, program, robot, Iframes, or hidden frames.
  8. Promotional Methods
    You represent and warrant that you will not engage in and/or facilitate (i) spamming, link farming, indiscriminate advertising or unsolicited commercial email or otherwise fail to
    comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and the FTC’s CAN SPAM Rule (16 CFR Part 316), as amended, (ii) purchasing any advertising or keywords using any version of Seller’s or its competitors product names, brands, or URLs, or any misspellings or variations thereof, from any search engine or portal site (e.g., Google, Yahoo, Bing, etc.), or (iii) otherwise violate any state or federal law or regulation regulating unfair or deceptive trade practices. Without
    limitation of the foregoing, You represent and warrant that you will not engage in pop-up or pop- under advertising using any means involving third party properties and/or services (including software). Pop up/unders are acceptable on a first party basis only when triggered by our site content/site visit or by downloadable software applications for which you are the owner/operator. Software may not be used to force clicks, perform redirects 4
    without an affirmative click by a user, or pop over pay-per-click listings or natural search results.
    Additionally, you agree to comply promptly with all opt-out, unsubscribe, “do not call” and “do not send” requests. For the duration of this Agreement, you will establish and
    maintain systems and procedures appropriate to effectuate all opt-out, unsubscribe, “do not call” and “do not send” requests.
  9. Modification
    Seller may modify the terms of or replace this Agreement. If Seller does so, it will provide advance written electronic notice to you. The effective date of any such change
    will be the date specified by Seller. If you do not agree to the new terms, you may choose to terminate the Agreement as provided herein. You acknowledge and understand that your continued participation in the Affiliate Program following the effective date of such new terms will constitute your acceptance of the new terms.
  10. Relationship of the Parties
    The parties to this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or
    employment relationship between the parties. You have no authority to make or accept any offers or representation on Seller’s behalf, or to otherwise act on Seller’s behalf,
    except as otherwise permitted in this Agreement.
  11. Term and Termination
    The term of this Agreement will begin when you accept the Agreement and will end when terminated by either party in accordance with its terms or as otherwise provided
    herein. Either party may terminate this Agreement at any time, with or without cause.
  12. Effect of Expiration or Termination
    Upon expiration or termination of this Agreement, all licenses granted hereunder shall immediately terminate and you will immediately remove all links to Seller’s website
    from your websites and/or social media profiles, and cease use of all Seller trademarks, service marks, logos, other brand designations, and all other materials provided in
    connection with the Affiliate Program. Except as otherwise set forth herein or as otherwise agreed to by the parties, you are not
    eligible to receive Affiliate Commissions after expiration or termination of this Agreement; provided, however, that any Affiliate Commissions earned prior to the
    expiration or termination of this Agreement shall be paid to you notwithstanding the 5
    subsequent expiration or termination of this Agreement.
  13. Disclaimer
    Seller makes no express or implied warranties or representations with respect to the Affiliate Program, its products, the Promotional Materials, or your potential to earn
    income from the Affiliate Program.
  14. Limitation of Liability; Indemnity
    UNDER THIS AGREEMENT. You shall indemnify, defend and hold Seller, its affiliates, and its respective officers, directors, members and employees, harmless from and against any and all third party claims, demands, liabilities, loss, damages, expenses, proceedings, actions or causes of action or government inquiries, including attorneys’ fees and expenses and costs (collectively, “Claims”), resulting from (i) your breach of any representations, warranties, covenants, or any other part of this Agreement; (ii) any act or omission by you or any of your employees, agents, contractors, permitted sub-affiliates or representatives; and (iii) your promotions and any intellectual property issues related
    thereto, except for any unmodified Promotional Materials which were provided, created, approved and developed by Seller.
  15. Assignment
    You shall not assign any rights or delegate or subcontract any obligations under this Agreement without Seller’s prior written consent. Seller may freely assign its rights and
    obligations under this Agreement at any time.
  16. Entire Agreement
    This Agreement, together with any other documents incorporated herein by reference, and any related Seller schedules or guidelines, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein. 6
  17. Severability
    If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or
    provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  18. Governing Law.
    This Agreement shall be governed by and construed exclusively in accordance with laws of the State of California, without regard to its conflicts or choice of law rules, the courts of which Los Angeles, CA shall have exclusive jurisdiction over the parties and subject matter.