Affiliate Agreement
Agreement (the "Agreement") is entered into by and between Act+Acre, ("Brand"), and the individual or entity identified below as the "Affiliate." This Agreement sets forth the terms and conditions of the Act+Acre Affiliate Program (the "Program").
1. Appointment as Affiliate
The Brand appoints the Affiliate as a non-exclusive partner to promote and market the Brand’s products, subject to the terms of this Agreement. The Affiliate agrees to represent the brand in a professional, positive, and brand-aligned manner in all promotional activities.
2. Affiliate Obligations
The Affiliate agrees to:
- Promote the Brand products using only approved marketing materials provided by or reviewed by the Brand.
- Maintain brand integrity and alignment with the Brand’s values.
- Comply with all applicable laws and regulations, including the Federal Trade Commission (FTC) guidelines regarding endorsements and disclosures.
- Avoid any deceptive, misleading, or unsubstantiated claims about the Brand’s products.
- Avoid content or behavior that may damage the brand’s reputation, including hate speech, discrimination, or offensive or controversial content.
- Maintain accurate account information and notify the Brand of any changes that may impact the partnership.
3. Compensation
The Affiliate will earn a commission on net sales (after discounts, returns, shipping, and taxes) generated through their unique referral code or link.
- Commission rate, payment terms, and minimum payout thresholds are outlined in a separate compensation schedule provided by the Brand.
- Payouts are processed monthly, following a 30-day holding period to account for any returns or exchanges that may affect the final order total.
- The Brand reserves the right to review and adjust commission terms at any time with prior notice to the Affiliate. If sales are traced back to discount sites or browser extensions using the Affiliate’s code or link, commissions may be reduced or revoked accordingly. Only content shared through the Affiliate’s own platforms (such as social media, blog, or email) will be eligible for commission.
4. Terms of Promotion
The Affiliate must use their unique referral link or code in all promotions. They are encouraged to share the link in various formats, including social media profiles, blog posts, and other digital content, provided all posts comply with applicable platform terms. The Affiliate must not:
- Bid on branded keywords in paid advertising campaigns (e.g., “Act+Acre” on Google).
- Use spamming practices (e.g., mass commenting, unauthorized email blasts).
- Use coupon or deal aggregation sites unless explicitly approved by the Brand.
5. Intellectual Property
The Brand grants the Affiliate a limited, non-transferable, non-exclusive, revocable license to use its trademarks, logos, and approved content for the sole purpose of promoting the brand under this Agreement. The Affiliate may not modify, create derivative works of, or misrepresent brand assets. All intellectual property rights remain solely with the Brand.
6. Confidentiality
The Affiliate agrees to keep all confidential information (e.g., pricing, marketing strategy, unreleased products, or data shared through the Program) in strict confidence. The Affiliate may not disclose, reproduce, or use confidential information except as necessary to fulfill obligations under this Agreement. This obligation survives the termination of this Agreement.
7. Termination
Either party may terminate this Agreement at any time, for any reason, with written notice (email is sufficient). The Brand may suspend or terminate the Affiliate’s participation at its discretion, including for any breach of this Agreement, brand misalignment, or suspected fraud. Upon termination, the Affiliate must immediately cease using all Brand intellectual property and remove any associated content and referral links.
8. Limitation of Liability
To the fullest extent permitted by law, the Brand shall not be liable to the Affiliate for any indirect, incidental, consequential, or punitive damages (including lost profits or loss of business opportunities) arising from this Agreement.
9. Independent Contractor Relationship
The Affiliate is an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Affiliate is responsible for their own taxes, expenses, and compliance with applicable laws.
10. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
11. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings related to the Program.
12. Modifications
The Brand may update this Agreement or modify the Program at any time. Affiliates will be notified of material changes, and continued participation in the Program constitutes acceptance of the updated terms.