General Provisions:
1. These Terms of Use (“Terms”) govern the relationship between you (“Affiliate”) and Koa Ventures LLC (“Company”), the creator and owner of BodyRecomp, a fitness-oriented product (“Product”).
2. As an Affiliate, you agree to promote the Product via authorized channels. In return, you receive a commission for each successful referral sale via your unique affiliate link.
Commission Policy:
3. The commission rate is subject to change; however, once a subscription is sold, you are locked in at the percentage rate at which it was sold.
4. Commissions are paid monthly through the payment method provided by you during the sign-up process.
5. You are eligible for ongoing commission payments as long as the customers you referred continue their monthly subscriptions.
Content and Promotion Guidelines:
6. You are permitted to use the Company’s promotional content on your social media platforms, blogs, emails, and other approved platforms for promoting the Product.
7. Any promotion should adhere to these Terms and the original promotional content should not be altered or modified without written permission from the Company.
8. It is strictly prohibited to use false or misleading advertising, spamming, negative marketing, and unauthorized marketing methods.
9. You are not permitted to purchase a Product subscription through your own affiliate link.
10. Any promotional content you create for the Product may be used by the Company on its own platforms. By becoming an Affiliate, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display your promotional content.
Sales Tracking and Disputes:
11. The Company offers an online system for tracking referral sales and commissions. A valid sale or lead is defined as a referred customer who completes a purchase of the Product that is not subject to refund, dispute, or fraud.
12. Disputes regarding sales or leads will be resolved by the Company, whose decision will be considered final.
Term and Termination:
13. These Terms become effective upon your acceptance as an Affiliate and remain in effect until terminated by either party.
14. Termination can occur with a 30-days written notice by either party. The Company has the right to terminate these Terms immediately without notice in case of any violations.
Confidentiality:
15. All proprietary business information shared during your affiliation must be kept confidential and treated with the same care and discretion you would use for your own confidential information.
Liability and Indemnity:
16. The Company is not liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data related to these Terms or the Affiliate Program. You agree to indemnify the Company from any claims related to your promotional activities.
Jurisdiction:
17. These Terms are governed by and interpreted according to the laws of the state in which the Company is registered. Any legal disputes are to be resolved in the same state’s jurisdiction.
Intellectual Property:
18. Each party retains their rights and interests in their trademarks and logos.
19. You acknowledge no claim to the Company’s intellectual property.
Changes to Terms:
20. The Company can modify these Terms at any time with written notice to you.
General Legal Provisions:
21. You agree to indemnify the Company against all claims, losses, liabilities, costs, or expenses, including attorney’s fees, related to your breach of these Terms or any promotional activity related to these Terms.
22. Disputes arising from these Terms will first be attempted to be resolved through mutual discussion, failing which, they will be resolved through arbitration.
23. Neither party is held responsible for any delay or failure in performance due to unforeseen circumstances beyond their control, like acts of God, war, or natural disasters.
24. If any provision in these Terms is held invalid or unenforceable, that provision is to be removed, and the remaining provisions will remain enforceable.
25. These Terms represent the entire understanding between you and the Company and override all prior agreements or understandings, whether written or oral.