Affiliate Marketing Compliance Agreement

This Affiliate Marketing Compliance Agreement (the "Agreement") is entered into between [FUNTIONWEAR INC., dba “WearBands”], hereinafter referred to as the "Brand," and [Affiliate Name], hereinafter referred to as the "Affiliate."


GENERAL PROVISIONS

Relationship:
The Affiliate agrees to participate in the Brand's affiliate marketing program and promote the Brand's products. The Affiliate acknowledges that they are an independent contractor and not an employee, agent, or partner of the Brand.

Compliance with Laws:
The Affiliate agrees to comply with all applicable laws, regulations, and guidelines related to affiliate marketing, including but not limited to laws governing advertising, privacy, consumer protection, and intellectual property rights.

Ethical Marketing Practices:
The Affiliate agrees to engage in ethical marketing practices and will not engage in any deceptive, misleading, or fraudulent activities. The Affiliate will represent the Brand’s products or services accurately and will not make any false claims or exaggerated statements.

Disclosure and Transparency:
The Affiliate agrees to clearly disclose their affiliate relationship with the Brand when promoting the Brand's products or services. This disclosure should be easily visible and prominently displayed on all affiliate marketing materials, including websites, social media posts, emails, and advertisements.

Intellectual Property: The Affiliate acknowledges that all intellectual property rights, including trademarks, copyrights, and trade secrets, belong to the Brand. The Affiliate agrees not to infringe upon these rights and will only use approved marketing materials provided by the Brand.

Prohibited Activities:
The Affiliate agrees not to engage in any of the following activities:
a. Spamming or unsolicited email marketing.
b. Misrepresenting the Brand’s products or services.
c. Using illegal or unauthorized content in marketing materials.
d. Promoting the Brand's products or services on websites or platforms that violate the law or contain objectionable content.
e. Using deceptive practices to generate leads or referrals.




Compensation and Tracking:
The Affiliate will receive compensation for qualified leads, sales, or referrals generated through their marketing efforts. The Brand will provide the Affiliate with tracking links or codes to accurately track and attribute conversions to the Affiliate.

Termination:
Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, the Affiliate will cease all marketing activities related to the Brand and remove any marketing materials or links from their platforms.

Indemnification:
The Affiliate agrees to indemnify and hold the Brand harmless from any claims, damages, or liabilities arising out of the Affiliate's marketing activities or non-compliance with this Agreement.

Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Colorado.


ADVERTISING GUIDELINES

Pay-Per-Click Advertising:
a. The Affiliate is prohibited from engaging in PPC advertising that includes the use of the Brand's brand name, trademarks, or any variation thereof as keywords. However, the Reseller may use these items in ad copy.
b. The Affiliate shall not bid on the Brand's brand name or any related terms as keywords in search engine advertising campaigns.

Brand Name Restrictions:
a. The Affiliate acknowledges that the Brand's brand name, trademarks, and associated intellectual property rights are the sole property of the Brand.
b. The Affiliate agrees not to use, register, or attempt to register any domain names, social media handles, or any other identifiers that include the Brand's brand name or trademarks, without express written consent of Brand.

Prohibited Activities:
a. The Affiliate shall not engage in any of the following activities related to PPC advertising:
i. Direct linking from PPC ads to the Brand's website without prior written approval.
ii. Using the Brand's brand name in a way that may mislead or confuse users or infringe upon the Brand's intellectual property rights.

Compliance Monitoring:
a. The Brand reserves the right to monitor the Affiliate's advertising activities to ensure compliance with this agreement.
b. In the event of any non-compliance, the Brand may request immediate corrective action, suspend affiliate commissions, or terminate the affiliate agreement.

Indemnification:
a. The Affiliate agrees to indemnify and hold the Brand harmless from any claims, damages, or liabilities arising out of the Affiliate's PPC advertising activities, including any violations of this agreement.

Termination:
a. The Brand reserves the right to terminate the affiliate agreement if the Affiliate is found to be in violation of the restrictions mentioned in this section.
b. Upon termination, the Affiliate shall immediately cease all PPC advertising activities that use the Brand's brand name or trademarks.

COUPON PROMOTIONS

Coupon Promotion:
a. The Affiliate may promote coupons, discounts, or promotional offers provided by the Brand to attract potential customers.
b. The Affiliate shall only promote coupons that have been specifically authorized and provided by the Brand for affiliate marketing purposes.

Coupon Usage Guidelines:
a. The Affiliate agrees to adhere to the following guidelines when promoting coupons:
i. Display the coupon code or offer prominently and clearly on their website, blog, social media, or other marketing channels.
ii. Clearly state the terms and conditions of the coupon, including any expiration dates, usage restrictions, and limitations.
iii. Regularly update and remove expired or invalid coupons from their marketing materials to ensure accuracy and avoid misleading users.

Coupon Attribution and Tracking:
a. The Brand will provide unique coupon codes or tracking links to the Affiliate for proper attribution of sales or referrals generated through coupon promotions.
b. The Affiliate agrees to use the provided coupon codes or tracking links exclusively and not to modify or manipulate them in any way that may compromise accurate tracking and attribution.

Prohibited Activities:
a. The Affiliate shall not engage in any of the following activities related to coupon promotions: i. Sharing unauthorized or non-affiliate specific coupons or discount codes.
ii. Creating or distributing fake, misleading, or expired coupons. iii. Engaging in coupon stacking or combining multiple unauthorized coupons or offers without explicit permission from the Brand.

Compliance Monitoring:
a. The Brand reserves the right to monitor the Affiliate's coupon promotions to ensure compliance with this agreement.
b. In the event of any non-compliance, the Brand may request immediate corrective action, suspend affiliate commissions, or terminate the affiliate agreement.

Indemnification:
a. The Affiliate agrees to indemnify and hold the Brand harmless from any claims, damages, or liabilities arising out of the Affiliate's coupon promotions or non-compliance with this agreement.

Termination:
a. The Brand reserves the right to terminate the affiliate agreement if the Affiliate is found to be in violation of the restrictions mentioned in this section.
b. Upon termination, the Affiliate shall immediately cease all coupon promotions related to the Brand's products or services.

NEXUS ACTIVITIES AND STATE TAXES

Nexus Activities and State Taxes:
a. The Affiliate acknowledges that engaging in certain activities may create a tax nexus or a taxable presence in certain states, potentially resulting in sales tax or other tax liabilities.
b. The Affiliate agrees not to engage in any activities that would trigger a tax nexus or tax obligations in any state unless explicitly authorized in writing by the Brand.

Prohibited Nexus Activities:
a. The Affiliate shall not engage in any of the following activities that may create a tax nexus or tax obligations:
i. Maintaining a physical presence, such as an office, employees, or inventory, in a state without prior written approval.
ii. Conducting in-person sales or solicitation activities in a state without prior written approval. iii. Using affiliate links or referral codes in a way that may create a tax nexus or tax obligations in a state without prior written approval.
iv. Storing cookies or other tracking technologies on users' devices in a state without prior written approval if such activities could create a tax nexus.

Compliance with State Tax Laws:
a. The Affiliate agrees to comply with all applicable state tax laws and regulations.
b. The Affiliate shall promptly notify the Advertiser if they become aware of any potential tax nexus or tax obligations arising from their affiliate marketing activities.

Indemnification:
a. The Affiliate agrees to indemnify and hold the Brand harmless from any claims, damages, or liabilities arising out of the Affiliate's failure to comply with state tax laws or their engagement in nexus activities without prior authorization.


Tax Advice:
a. The Brand and the Affiliate acknowledge that they are not providing tax advice to each other.
b. It is recommended that the Affiliate consult with a qualified tax professional to ensure compliance with state tax laws and regulations.

Termination:
a. The Brand reserves the right to terminate the affiliate agreement if the Affiliate fails to comply with the prohibition on nexus activities or state tax laws.
b. Upon termination, the Affiliate shall continue to be responsible for any outstanding tax obligations resulting from their prohibited nexus activities.

By signing below, the parties acknowledge that they have read, understood, and agreed to the terms and conditions of this Affiliate Marketing Compliance Agreement.


Functionwear Inc.

Signature:

Date:

[Affiliate Name]:

Signature:

Date:

Privacy policy
OUR PRIVACY POLICY

Because your privacy is very important to us, we want you to understand our practices with regard to using information that we collect about you online and the steps we take to safeguard it. The term “personal information” we mean information that identifies you, such as your name, postal address, e-mail address, credit card number, and telephone number.

The information we receive depends upon what you do when visiting our site. By visiting this website, you accept the practices and procedures described in this Privacy Policy.

Please note that this Privacy Policy relates only to information that we gather online and does not necessarily apply to personal information that we obtain through other channels, such as over the telephone or via the mail.

INFORMATION WE COLLECT

Using our Website
If you use the site or download information, such as consumer information, articles, and the like, we will collect and store the following information:
• the name of the domain from which you accessed the Internet (for example, "aol.com," if you are connecting from an American Online account, or "princeton.edu" if you are connecting from the Princeton University's domain);
• the date and time you accessed our site;
• the address of the website, if any, from which you linked directly to our site;
• personal information you as a user elect to submit, which is further explained below under Cookies.
We collect this information to measure, in the aggregate, the number of visitors to the different sections of our site, to improve our site's content, and to help us make our site more useful to visitors. In addition, we may use the information gathered to conduct internal marketing analysis to improve our web site for our users.
If you choose to identify yourself by, for example, ordering a product, or sending an online e-mail to request product information, or otherwise communicating with us online, you will usually be sending us personal information. This may include your name, street address, email address, credit card information and anything else that you disclose on our website.
Links to Other Websites
This website also may contain links that you can choose to reach other sites on the Internet that are owned and operated by third parties. This website is not responsible for the availability of or the content located on or through any such third party site. Nor do we have any control over that site owner's privacy policy, so if you are not sure how personal information will be collected and used through that site, you must check the policy that is posted on that site.
Cookies
Like many direct marketers, we use cookies on our site. Cookies are pieces of information that a site transfers to an individual's hard drive for record-keeping purposes. This type of information includes, for example, the type of browser used to access the internet, the domain of the visitor's internet service provider, and all information provided by the user in order for the user not to have to re-enter information, such as e-mail address, and any other information originally provided by the user.
That way, when you re-enter our site, the site knows immediately who you are and automatically loads your information. However, this information is kept and stored only for our website to track usage patterns on our site. We never save passwords or credit card information in cookies. Most computers allow you to check for and control the use of such cookies on your computer.
Chat Rooms
Your postings to our chat sessions are not private. Any information posted in our public chat sessions may be seen and/or collected by others. Therefore, please be careful about any personal information you post via these sessions.

USE OF THE DATA WE COLLECT

Our Use of Your Personally Identifiable Information
We work to provide you with the best possible service. In order to do this, we may use the personal information we collect from you to:
• Process and track your order
• Provide any services you request
• Contact you about the status of an order
• Send you promotional offers we believe will be of interest to you
• Provide information about products you have purchased or product recalls
• Improve our merchandise selection and customer service
We will use your e-mail address to respond to questions or other emails we receive from you. You may wish to receive future e-mails from us as well as e-mail from third parties and you may be given that option from time to time. The personal information you provide for these purposes are likely to be disclosed to the third parties so that they can provide such mailings.
We use the aggregate information, described above, that we collect from our customers in a manner that does not personally identify any individual. We use it to make our site more interesting and useful to you. When we track the pages or documents accessed within our site, we use the information for systems administration and for analyzing and improving the value of the material available on our website. This aggregate non-personal information is used to help our advertisers or our site design team to create advertisements our guests might like.
This website does not sell or give the information it gathers through cookies to any third parties.
Information We Share with Contractors
We may contract with other companies (e.g.,credit card processors, shippers, sweepstakes promoters, website developers) to provide certain services to help us fulfill orders, create promotions and our website, and otherwise. In some instances, these contractors may have access to personally identifiable information, but they are obligated to maintain the confidentiality of the information and to use it only for purposes of carrying out our business. They are prohibited from using this information for their own marketing purposes or from sharing this information with anyone other than us. We try to limit the information we provide to outside contractors to what they need to carry out their responsibilities.

DISCLOSURE EXCEPTIONS

In general, we will not use personal information in a manner inconsistent with the ways we have described in this policy. However, notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary, for example:
• To comply with legal process such as a search warrant, subpoena or court order;
• To protect the company's rights and property;
• To investigate reports of fraud or of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
• To protect against misuse or unauthorized use of our web site; or
• In emergencies, such as when we believe someone's physical safety is at risk.

SMS/MMS MOBILE MARKETING

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

Text Marketing and notifications (if applicable): By entering your phone number in the checkout and initialising a purchase, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text message frequency may vary. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply. In addition, the Website uses cookies to help keep track of items you put in your shopping cart and to tell us if you have visited the Website in the past. This allows visitors to the online store to maintain shopping carts between visits. You can refuse cookies by turning them off in your browser.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

WearBands, 1038 Kalmia Avenue, Boulder, CO 80304

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

E-MAIL USE

When you provide us your e-mail address, we may send you e-mails necessary to process your order or respond to a request, or, if you do not object to it, to receive or e-messages from our customer service department. Instructions on how to unsubscribe from e-mails that are not related to your transactions with us are included in each e-mail.

INTERNET ADVERTISEMENTS

We use third-party service providers to serve ads on our behalf across the Internet and to analyze the visits those ads bring to our website. They may collect anonymous information about your visits to our Web site, and your interaction with our ads, but this information cannot identify you as an individual. These companies may use technologies similar to those outlined above to measure the effectiveness of ads and e-mails. They may also use information about visits you or others made to this and other Web sites so that we can provide the most effective advertisements about our goods and services.

SECURITY

It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of our customer data.

PRIVACY OF CHILDREN ON OUR WEB SITE

Our web site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.

POLICY CHANGES

From time to time, we may need or want to use customer information for new uses not previously disclosed in our privacy notice. If our information practices change, we will post these changes on our web site. We encourage you to review our privacy policy periodically. This policy was last updated on January 9, 2018.

QUESTIONS OR COMMENTS?

Questions regarding our privacy policy or the use of your personal information should be directed via e-mail to [email protected]. You may also write to us at WearBands, 1038 Kalmia Avenue, Boulder, CO 80304.