Affiliate Terms & Conditions

AFFILIATE AGREEMENT

Effective Date: [12/01/20]

BETWEEN: [Carleen LLC] (“Company,” and also referred to herein as “we” and “us”) an organization existing under the laws of the [Iowa] with its head office located at:

                     [799 240th Place, Pella, IA 50219]

AND:          [AFFILIATE NAME] (“Affiliate,” and also referred to herein as “you”), a person or organization existing under the laws of [STATE], with a home address of:

                     [COMPLETE ADDRESS]

1.     THE AGREEMENT: This Affiliate Agreement (this “Agreement”) is a legal document between Company and Affiliate regarding our affiliate relationship. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please carefully read and understand the entirety of this document, as well as have a lawyer’s assistance if you desire because each of the terms of this Agreement are important to our working relationship.

2.     NON-EXCLUSIVITY: This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.

3.     AFFILIATE PROGRAM: The Carleen Affiliate Program allows eligible applicants to monetize their social media user generated content by placing their personalized coupon code and/or affiliate link on their social media. When customers purchase through your link or use your coupon code,  you are eligible to receive a commission. 

Eligibility Requirements:

• You Must Be 18+ Year of Age
• Have At Least 1000 Followers on Instagram 
• You Must Have a Paypal Account

Tracking Sales: Sales will be tracked by the usage of your coupon code and/or affiliate links when customers place an order. 

Cookie Tracking: Our affiliate links use cookies to track purchases. When customers click through your affiliate link a cookie will be placed on their browser for 30 days. 

Coupon Code: The affiliate's coupon code will be $10 off orders $100+ and is subject to change depending on the companies sales calendar. The Company reserves the right to change your personalized coupon code as often as needed to prevent codes from being shared to coupon sharing sites. 

Personalized Coupon Code: You will receive a 20% off coupon code to use for your own personal purchases. This is not to be shared. 

Commission Structure: 10% of the order total [after discount, not including taxes or shipping]. If items are returned, the original commission is deducted from affiliates' next payout. Commission cannot be earned on cancelled orders. Commission cannot be earned on your own orders, or orders placed by someone else in your household. 

Payments: Commissions will be paid out via Paypal the 1st of each month. Please allow 3-5 business days after the 1st of the month to process payments. 

Sharing Affiliate Links & Codes: Links and codes are to be shared on affiliate’s platforms only. Do not post your code to coupon sites or on Carleen’s social media posts. 

4.     PAYOUT INFORMATION: Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. You will be asked to submit a W9 form before your first payment is paid out. 

         For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible. We expressly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

5.     TERM, TERMINATION & SUSPENSION: The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either party at any time with or without cause.

You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website, you forfeit all rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

6.     INTELLECTUAL PROPERTY: You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the company (“Company IP”).

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages and or legal fees and costs.

You hereby provide us a non-exclusive license to use your name, trademarks and service marks if applicable and other business intellectual property to advertise our Affiliate Program.

7.     VARIATIONS: The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior versions of this Agreement.            

8.     RELATIONSHIP: Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.

9.     ACCEPTABLE USE: You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company. You further agree not to use the Affiliate Program:

1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

1. To violate any intellectual property rights of the Company or any third party;

1. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

1. To perpetrate any fraud;

1. To engage in or create an unlawful gambling, sweepstakes, or pyramid scheme;

1. To publish or distribute any obscene or defamatory material;

1. To publish or distribute any material that incites violence, hate, or discrimination towards any group; or

1. To unlawfully gather information about others.

10.   GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of [Iowa]. All Parties irrevocably consent to the personal jurisdiction of an exclusive venue in the courts of [Iowa] in the county of [Marion County]

11. MEDIA RELEASE: For consideration which I acknowledge, I consent to the use of any Carleen related user generated content to Carleen LLC  (“Company”) and Company's assigns, licensees and successors the right to copy, reproduce, and use all or a portion of the content (the “Content”) for incorporation in Company’s social media, email, and paid social ads. I verify that the Content submitted is my own original, factual content and that neither it nor any photos submitted violate copyrights. I grant the use of all or a portion of the Content and any of its derivatives in all forms and media electronic, print and other, including advertising and related promotion throughout the world and in perpetuity without compensation. I grant the right to use my name or pseudonym in connection with all uses of the Work and waive the right to review or approve use of the Work.

I release Company and Company's assigns, licensees and successors from any claims that may arise regarding the use of the Content including any claims of defamation, invasion of privacy, or

infringement of moral rights, rights of publicity or copyright. I acknowledge that I have no ownership rights in the Content. Company is not obligated to utilize the rights granted in this Agreement.

SIGNATURES:

This Agreement has been executed and is effective as of the Effective Date.

__________________________                            ____________________________

Signature of Affiliate                                              Signature of Company

___________________________                          _____________________________

Print Name                                                              Print Name

___________________________                          _____________________________

Date                                                                         Date