Affiliate Agreement and Terms of Service
Revision Date: July 18, 2025
Women and Couples Wellness, LLC Affiliate Agreement
This agreement (the “Agreement”) is made between Women and Couples Wellness, LLC (the “Company”), and the individual or entity participating in the affiliate program (the “Affiliate”), and collectively, the “Parties.”
If you do not wish to participate in the affiliate program, please disregard this Agreement and do not engage in any affiliate activities.
Affiliate wishes to include certain materials promoting the Company and to include a link to the Company’s website within those materials or use a unique identifying code or coupon generated by the web affiliate software provided by the Company.
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Promotional Materials.
Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual materials (“Promotional Materials”) for display and use on the Affiliate’s website or platforms. Affiliate shall display the Promotional Materials as they see fit, subject to the terms of this Agreement. All Promotional Materials must link to the Company’s website as specified by the Company.
2. Use of Promotional Materials.
Affiliate’s use and display of Promotional Materials shall conform to the following:
a. No materials other than those provided by Company may be used unless prior written approval is given.
b. Promotional Materials may only be used for promoting the Company and its products/services.
c. Materials must not be altered without prior written approval.
d. Promotional Materials must link only to the Company’s specified pages.
3. License.
Company grants Affiliate a non-exclusive, non-transferable, revocable license to use the Promotional Materials during the term of this Agreement.
4. Intellectual Property.
Company retains all rights and interest in the Promotional Materials and all related intellectual property. No transfer of ownership is granted under this Agreement.
5. Relationship of Parties.
This Agreement does not create an employment, agency, or partnership relationship. Affiliate is an independent contractor and may not bind the Company in any way. Affiliate is responsible for complying with local laws governing affiliate programs in their jurisdiction.
6. Commissions.
a. Commissions are earned on new and recurring purchases made by users who access Company’s website via Affiliate’s unique tracking links. Commission rates are posted on the Affiliate dashboard and may change with notice.
b. Company shall maintain accurate records. Discrepancies will be resolved within 14 days upon discovery.
c. Commissions are held for 2 months to account for chargebacks. Payments are made by the 7th of the month following the holding period if the balance exceeds $50. If the balance remains under $50 for two consecutive months, payout will occur in the third month regardless of the total.
d. Payments are made via PayPal or other method approved by Company.
e. Breach of this Agreement resulting in termination within 30 days may result in forfeiture of unpaid commissions.
7. Affiliate Commissions and Program Structure
Affiliates earn a 20% commission on all direct sales of eligible products and programs (including the hi® Massage System and related training) made through their unique referral link. In addition, if an affiliate refers another individual who enrolls as an affiliate using their referral link, and that referred affiliate makes a qualifying product sale, the original referring affiliate will receive a 5% override commission on the remaining total of the original sale, minus the 20% commission already paid to the affiliate for that sale.
- For example, if an affiliate who signs up under your link makes a $1000 sale – the affiliate receives a 20% commission, or $200.
- That reduces the sale amount to $800 (ie. $1000 sale – $200 commission = $800 remaining sale)
- As an override commission, you receive a 5% commission ($40) on the remaining sale of $800 ($800 x 0.05 = $40)
These commissions are paid only on completed product sales and not on affiliate signups, recruitment, or participation in training activities. No compensation is provided for the act of referring or enrolling new affiliates unless actual product sales are made.
To remain eligible for the 5% override commission on sales made by referred affiliates, the original referring affiliate is encouraged to attend at least one monthly online affiliate training session. These training sessions are provided by the Company at no cost and are intended to support education, ethical promotion practices, and compliance with U.S. advertising and disclosure laws. Participation in training is not mandatory for base-level commissions and is not a condition for continued enrollment in the affiliate program.
This affiliate program is not a multi-level marketing (MLM) scheme. It is structured as a two-tier referral-based sales commission program with compensation tied solely to actual retail product sales. There are no levels beyond the second-tier sales override, and the Company does not incentivize recruitment or offer compensation based on the act of building a sales “downline.” This ensures full compliance with applicable U.S. Federal Trade Commission (FTC) guidelines and relevant state and federal consumer protection laws.
8. Affiliate Representations and Warranties.
Affiliate represents that:
a. They have legal authority to enter this Agreement.
b. Their website and content:
i. Is not obscene, pornographic (except where used for therapeutic or educational purposes), hateful, violent, defamatory, or discriminatory.
ii. Does not promote unlawful activity.
c. All intellectual property on their site is properly licensed.
d. They will use Promotional Materials only as permitted.
e. They will not claim ownership of Company property.
f. They will not create misleading ads or register domain names that infringe on Company trademarks.
g. They will not send spam or unsolicited communications referencing the Company.
h. FTC Compliance: Affiliate agrees to comply with all applicable Federal Trade Commission (FTC) disclosure requirements and will clearly disclose their affiliate relationship on all content where Promotional Materials are used.
9. Indemnification.
Affiliate shall indemnify and hold harmless Company from claims or damages arising from breach of this Agreement or misuse of Promotional Materials.
10. Confidentiality.
Affiliate agrees not to disclose any non-public Company information unless required by law or with prior written consent.
11. Term and Termination.
a. This Agreement begins upon acceptance and continues until terminated.
b. Either Party may terminate this Agreement for any reason with 30 days’ written notice.
12. Taxes.
Affiliate is solely responsible for taxes related to commissions. Prior to payment, U.S.-based Affiliates must submit a W-9; non-U.S. Affiliates must submit a W-8BEN or equivalent. Company will report payments to the IRS and provide appropriate tax documents. Affiliate is responsible for compliance with all state and local tax laws.
13. Limitation of Liability.
Company is not liable for indirect, incidental, or consequential damages, including service interruptions, commission discrepancies, or loss of data.
14. Website and Service Availability.
Company will use reasonable efforts to maintain service continuity but is not liable for outages due to technical failure, security breaches, or third-party service disruptions. In the event of data loss, Company will use its last verified records for payment calculations.
15. Data Privacy Compliance.
Company shall comply with applicable U.S. and state privacy laws, including the CCPA. Affiliate consents to the collection and use of their personal data for purposes of commission tracking and tax compliance.
16. Governing Law.
This Agreement is governed by the laws of the State of [Your State], and any legal action shall be brought in the courts of [Your County, Your State].
17. Electronic Acceptance.
By participating in the affiliate program or checking the box agreeing to the terms, Affiliate agrees to this Agreement electronically, which carries the same legal effect as a handwritten signature.
18. Severability.
If any part of this Agreement is found unenforceable, the remaining provisions will remain in full force.
19. Headings.
Section headings are for reference only and do not affect interpretation.
20. Entire Agreement.
This Agreement constitutes the complete agreement between the Parties and supersedes any prior agreements or understandings.
21. Modifications.
Company reserves the right to modify, update, or change the terms of this Agreement at any time. In the event of a material change, Company will provide notification to the Affiliate via the email address on file. Continued participation in the affiliate program following such notice constitutes acceptance of the updated Agreement.
By participating in the Women and Couples Wellness, LLC affiliate program, you agree to abide by all terms above.
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