Affiliate Agreement: Sexy NOT Sorry Program
THIS AGREEMENT is entered into between:
Company Name and Address: Mariah Kimball
Sea Salt Wellness
6 Dalton Rd
Brentwood, NH 03833
DEFINITIONS
“Company” refers to Sea Salt Wellness LLC, the merchant or advertiser.
“Affiliate” refers to the individual or entity engaging in affiliate marketing activities.
“Agreement” refers to this Affiliate Marketing Agreement.
APPOINTMENT
Appointment as Affiliate. Company appoints Affiliate, and Affiliate accepts the appointment, to promote Company’s products/services in accordance with the terms and conditions of this Agreement.
COMMISSION AND PAYMENT
Commission Structure. Company agrees to pay Affiliate a commission of 20% for each sale of "Sexy NOT Sorry" program, including any upsell directly associated with this program, including, but not limited to: one 1:1 with Mariah priced as per the program structure, and Sexy NOT Sorry Cohort LIVE Calls, generated through Affiliate’s efforts. This agreement does not include any commission for any additional upsells outside of the “Sexy NOT Sorry” program.
Payment Terms. Payments will be made once the client completes payment and the program. Affiliates will be paid via Stripe.
Tracking and Reporting. Company will provide Affiliate with unique tracking links to monitor and report on the performance of Affiliate’s marketing efforts.
PROMOTIONAL ACTIVITIES
Compliance. Affiliate agrees to comply with all applicable laws, regulations, and Company’s policies in promoting Company’s products/services.
Approved Materials. Company may provide Affiliate with approved marketing materials. Affiliates agree to use only the approved materials in their promotional activities.
Prohibited Activities. Affiliate shall not engage in any misleading, unethical, or illegal activities in promoting Company’s products/services.
INTELLECTUAL PROPERTY
Use of Marks. Affiliate is granted a limited, non-exclusive, non-transferable license to use Company’s trademarks and logos solely for the purpose of promoting Company’s products/services.
Protection of IP. Affiliate agrees not to use Company’s intellectual property in a manner that disparages the Company or its products/services or portrays them in a false, misleading, or negative light.
TERM AND TERMINATION
Term. This Agreement shall commence on the Effective Date and continue until terminated by either party with 30 days' written notice.
Termination. Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term of this Agreement. Company reserves the right to terminate the Agreement immediately if Affiliate engages in fraudulent activities or damages the Company’s reputation.
Effect of Termination. Upon termination, Affiliate shall cease all promotional activities related to Company’s products/services and remove any Company materials from Affiliate’s channels.
CONFIDENTIALITY
Confidential Information. Both parties agree to keep confidential any proprietary or confidential information received from the other party. This obligation shall survive the termination of this Agreement.
PERFORMANCE STANDARDS AND OBLIGATIONS
Performance Standards. Affiliate agrees to use best efforts to promote Company’s products/services and to achieve the highest level of performance consistent with industry standards and practices.
REPRESENTATIONS AND WARRANTIES
Company Representations. The Company represents and warrants that it has the right to enter into this Agreement and to grant the rights and licenses granted herein.
Affiliate Representations. Affiliate represents and warrants that they have the right to enter into this Agreement and that their promotional activities will comply with all applicable laws and regulations.
INDEMNIFICATION
Indemnity. Each party agrees to indemnify, defend, and hold harmless the other party from any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Agreement or any wrongful conduct in connection with the performance of their obligations hereunder.
LIMITATION OF LIABILITY
Limitation. In no event shall either party be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, whether or not such party has been advised of the possibility of such damages.
FORCE MAJEURE
Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, war, strikes, or shortages of materials.
MISCELLANEOUS
Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of New Hampshire.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.
Amendments. Any amendments or modifications to this Agreement must be in writing and signed by both parties. Notwithstanding the foregoing, the Company may update the terms of this Agreement by posting a new version on its website. Continued participation in the affiliate program after any such changes shall constitute Affiliate’s consent to such changes.
Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, sent via email, or deposited in the United States mail, postage prepaid, addressed as specified in this Agreement.
Alternative Options
If you prefer other methods or tools, you can use any reliable electronic signature software or service that you are comfortable with. The key steps are to fill in the required information, add your signature, save the completed document, and email it back to us.
Need Help?
If you have any questions or need assistance with the process, please do not hesitate to reach out to me at mariah@seasaltwellness.com. Let’s make this as easy and as painless as possible!