Additional terms |
Deurca Sports Nutrition - Affiliate Agreement
By becoming and acting as an Affiliate for Deurca Sports Nutrition, you agree to the following terms and conditions:
1. Services:
You agree to provide an honest endorsement of Deurca Sports Nutrition products.
A) You will promote Deurca Sports Nutrition supplements through positive word of mouth and by demonstrating your use or recommendation of the products, whether online, offline, or both, in an effort to generate sales.
B) You consent to the use of your likeness and content in Deurca Sports Nutrition’s marketing materials. This includes any content, such as social media posts, that you create and Deurca chooses to feature in its marketing materials, even if you did not create the content specifically for Deurca.
2. Compensation:
A) Affiliate Discount Code: In consideration of the Services, you will receive a 10% discount code for you, your friends, family, and followers to use.
B) Affiliate shall be paid a commission equal to 20% to 36% of any sales generated with the “Affiliate discount code” of the Affiliate, based on the sales volume chart attached. Such commission shall be paid to Affiliate once per month following receipt of payment and monies by Deurca Sports Nutrition for the applicable Affiliate sales.
Tier Structure based on a 30 day sales period:
Minimum Commission Amount: 20.00% of sale
$1 to $2,000: 20.00% of sale
$2,000 to $5,000: 24.00% of sale
$5,000 to $10,000: 28.00% of sale
$10,000 to $20,000: 32.00% of sale
$20,000 to $100,000: 36.00% of sale
Maximum Commission Amount: 36.00% of sale
3. Costs and Expenses:
You agree that you will be solely responsible for all costs and expenses that you incur in your provision of the Services and you will not incur any costs or expenses on behalf of Deurca Sports Nutrition.
4. Affiliate Requirements:
Your requirements as an Affiliate are outlined in the Services section of this agreement. Failure to follow the requirements can be subject to termination or suspension until all requirements are followed.
5. Contract Territory:
You will be a United States based Affiliate, the territory for a U.S. Affiliate shall be within the United States exclusively and all U.S. territories.
6. Exclusivity:
You agree that you will not endorse any other nutrition supplement or supplement brand while you are a Deurca Sports Nutrition Affiliate, unless it is a supplement type that Deurca does not offer. You acknowledge and agree that you are not an exclusive Affiliate of Deurca Sports Nutrition, and Deurca may have other Affiliates to promote its products.
7. Use of Endorsed Products:
You acknowledge and agree that you have read all product labels and warning notices on each label of Deurca Sports Nutrition supplements, that you are over the age of 18, and you have no medical condition that prevents you from taking our product.
8. Prohibited Content:
You agree that you will not post content on any social media platform, as determined by Deurca Sports Nutrition in its sole discretion, that:
- is pornographic, sexually explicit or suggestive;
- is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or entities;
- communicates messages or images inconsistent with the positive images and/or good will with which Deurca Sports Nutrition wishes to associate;
- violates any law.
9. Restrictions:
Although you will generally control the means and methods by which you provide section “A” of the Services, you agree to adhere to the following guidelines at all times when providing the Services:
No Misrepresentation. You will not misrepresent the Product, or intentionally do anything that would lead to any misunderstanding or create disparaging views or opinions about the Product.
Endorsement. Any endorsement by you of a product must be accurate, truthful, and based on your actual experience using or reviewing the product. You will refrain from making any statements about any product that you do not believe to be truthful or accurate, as well as unrealistic claims or promises of specific results such as “Lose X amount of Y” or “Lose X amount of Y in Z weeks”.
Compliance. At all times, the Services must be provided in accordance with all applicable laws and regulations.
No Resale. You agree that you will use any product(s) acquired in that manner for your personal use only, and you will not resell, lease or rent such product(s) to any third party for any reason whatsoever.
10. Indemnification:
You agree to indemnify, defend and hold Deurca Sports Nutrition, its officers, agents, assignees and employees (Released Parties) harmless for any liability from any injury (including death) or damage arising from the Services or the use or promotion of any endorsed products. You certify that you know of no medical problem that would increase your risk of illness and injury as a result of participating in this program. You agree to indemnify, defend and hold the Released Parties harmless for any loss or damage caused by you for which the Released Parties are held liable including attorney’s fees and arbitration costs.
11. Contractor Relationship:
As an Affiliate, you acknowledge and agree that you are acting as an independent contractor, not an employee, partner, or joint venturer of Deurca Sports Nutrition. You will receive only the compensation outlined in this agreement, and this agreement shall not be construed as creating an employer/employee relationship. In accordance with IRS regulations, you will receive a Form 1099 if your earnings exceed $600 in a calendar year, and you are solely responsible for all applicable taxes.
12. Confidentiality:
From time to time you may be provided with certain nonpublic and/or sensitive information concerning Deurca Sports Nutrition. Confidential Information may include non-public marketing plans, pricing schedules, customers lists, venue information and other data that is highly relevant to the products, services or interests of Deurca Sports Nutrition. You agree to keep confidential all Confidential Information, and to not disclose such information (i) unless required by law or court order, or (ii) until such information becomes non-public through no fault of yours. You understand and agree that your compliance with this confidentiality requirement is a material inducement for Deurca Sports Nutrition to select you and keep you as an Affiliate.
13. Other’s Intellectual Property:
You are not authorized to use any copyrighted content from any other companies to promote the Deurca Sports Nutrition brand. Deurca Sports Nutrition will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
14. Term and Termination:
This Agreement will begin as soon as the Affiliate completes the application form to become an Affiliate. This Agreement may be terminated by any party at any time, for any or no reason, by providing the other party with a written notice of termination. Upon termination of this Agreement, Affiliate shall no longer be entitled to receive any compensation after the date of termination, including, without limitation, any commission, as set forth herein. Upon termination of this Agreement, Affiliate shall delete any and all advertisement and promotional materials from any medium used by Affiliate, including, without limitation, the internet and social media; provided, however, that Deurca Sports Nutrition may continue to use any such advertising and promotional materials as determined by Deurca Sports Nutrition, in its sole and absolute discretion, including as set forth in paragraph 16 below.
15. Modification:
We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
16. Liability Release:
You hereby agree that Deurca Sports Nutrition, and any of the Deurca Sports Nutrition’s officers, agents, assignees, and employees (collectively, “Released Parties”), are authorized in perpetuity to use, reproduce, edit, publish, assign and/or distribute any text, video, audio or multimedia materials created by you or in which you or your likeness appear as a result of your provision of the Services (“Released Materials”), including after termination of this agreement. To that end, you hereby grant to the Released Parties a perpetual, irrevocable, worldwide, royalty-free right to use the Released Materials for the purpose of promoting, advertising and/or endorsing the products of Deurca Sports Nutrition in any form of media (including but not limited to electronic media), and in any format now known or which may be developed in the future. This license shall survive the termination of this Agreement.
17. Additional Information:
This Agreement will be governed under the laws of the State of Texas. This Agreement constitutes the entire understanding between Deurca Sports Nutrition and you with regard to the Affiliate-related services described herein, and is not intended to be (and shall not be) construed by, interpreted or otherwise linked to any other contract, agreement or understanding that may exist between Deurca Sports Nutrition and you. You are not an employee of Deurca Sports Nutrition, within the meaning of all federal, state and local laws and regulations governing employment insurance, workers compensation, industrial accident, labor and taxes. You agree and acknowledge that you are not authorized to enter into any contract or assume any obligation on behalf of Deurca Sports Nutrition without the prior written consent of Deurca Sports Nutrition.
This agreement becomes effective for the Affiliate upon submission of their Affiliate Program Application. |