Affiliate Agreement

Curv’ N Fit Affiliate Marketing Agreement

This Affiliate Marketing Agreement ("Agreement") is entered into as of date of sign up, (the "Effective Date") between Curv'N Fit, a weight loss supplement company having its principal place of business at 8465 Colerain Ave #1237 Cincinnati, OH 45239 ("Curv'N Fit"), and The Affiliate, ("Affiliate").

  • Appointment

1.1 Curv'N Fit appoints Affiliate as a non-exclusive affiliate marketer for the promotion and marketing of Curv'N Fit products and services (the "Products") through Affiliate's online platforms and channels, subject to the terms and conditions of this Agreement.

1.2 Affiliate agrees to promote and market the Products in a professional and ethical manner, adhering to all applicable laws, regulations, and industry standards.

  • Commission Structure

2.1 Commission Rate: Curv'N Fit shall pay Affiliate a commission for each sale of the Products generated through Affiliate's marketing efforts. The commission rate shall be based on the fair market value of the Products at the time of sale. Curv'N Fit reserves the right to adjust the commission rate periodically based on changes in market conditions, pricing, or other relevant factors. Any changes to the commission rate will be communicated to Affiliate in writing.

2.2 Calculation and Payment: Commissions will be calculated based on the net sale amount (excluding taxes, shipping, and returns). Curv'N Fit shall provide Affiliate with unique tracking links or promo codes to track the sales generated by Affiliate's marketing activities. Payments will be made to Affiliate on a monthly basis, within 15 days after the end of each month. Payment shall be made via Paypal.

2.3 Tax Withholding: Curv'N Fit may be required by law to withhold taxes from the commission payments made to Affiliate, depending on the applicable tax regulations. In such cases, Curv'N Fit shall withhold the required amount and remit it to the appropriate tax authorities on behalf of Affiliate.

2.4 Reporting and Documentation: Affiliate agrees to provide accurate and timely tax-related information and documentation as required by Curv'N Fit for compliance with tax laws and regulations. This may include providing valid tax identification numbers, completing tax forms, or providing any other necessary documentation.

  • User Generated Content

3.1 Affiliate may create and publish user-generated content related to the Products, including reviews, testimonials, and before-and-after pictures, subject to the following terms:

(a) Accuracy and Truthfulness: Affiliate shall ensure that all user-generated content accurately represents the Affiliate's experience with the Products. Any claims made must be truthful and substantiated.

(b) Compliance with Laws: Affiliate shall comply with all laws, regulations, and guidelines applicable to the creation and publication of user-generated content, including those related to endorsements and testimonials.

(c) Intellectual Property: Affiliate grants Curv'N Fit a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and publish the user-generated content for promotional and marketing purposes.

  • Conflict of Interest and Noncompete Clause

4.1 Conflict of Interest: Affiliate agrees to act in Curv'N Fit's best interest and avoid any activities that may create a conflict of interest. Affiliate shall not promote or market any competing products that directly compete with Curv'N Fit's Products during the term of this Agreement.

4.2 Noncompete Clause: Affiliate agrees not to engage, directly or indirectly, in any business activities that compete with Curv'N Fit's business during the term of this Agreement and for a period of [number] months following termination.

  • Termination

5.1 Termination for Convenience: Either party may terminate this Agreement at any time without cause by providing written or email notice to the other party.

5.2 Termination for Breach: Either party may terminate this Agreement immediately in the event of a material breach by the other party. Notice of termination must be provided in writing, specifying the nature of the breach.

5.3 Effect of Termination: Upon termination, Affiliate shall immediately cease all promotion and marketing activities related to the Products. Affiliate will be entitled to receive commissions for sales generated before the termination date, subject to Curv'N Fit's verification and payment procedures.

  • Confidentiality

During the term of this Agreement and thereafter, both parties shall keep all confidential information received from the other party confidential and shall not disclose it to any third party without prior written consent, except as required by law.

  • Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Ohio, Hamilton County. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Ohio, Hamilton County.

  • Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions, agreements, and understandings, whether oral or written.