1. Introduction

Welcome to the Everblue Pond Affiliate Program. By signing up to be an affiliate in our program, you agree to comply with and be bound by the following terms and conditions. Please read this agreement carefully before enrolling.

2. Definitions

• Affiliate: An individual or entity that promotes Everblue Pond products in exchange for commissions.
• Commission: The percentage of sales generated from affiliate referrals.
• Customer: Any person or entity that purchases products from Everblue Pond through an affiliate referral link.
• Affiliate Link: A unique URL provided to the affiliate for tracking referrals.

3. Enrollment and Eligibility

• Application Process: To participate in the program, you must submit an affiliate application through our website. We reserve the right to accept or reject any application at our sole discretion.
• Eligibility: We do not accept affiliates with websites that contain offensive, adult, or hate content. Only affiliates operating in the United States and Canada are eligible to participate.

4. Commission Structure

• Commission Rate: Affiliates will earn 5% per sale generated through their unique affiliate links.
• Cookie Duration: We use cookies to track affiliate referrals. The cookies will last for 60 days, meaning the affiliate will earn a commission on any qualifying purchase made within 60 days of the customer clicking the affiliate’s link.
• Special Offers: From time to time, we may offer bonuses or tiered commissions based on affiliate performance. These will be communicated separately.

5. Payment Terms

• Payment Method: Affiliates will be paid via PayPal on a monthly basis.
• Minimum Payout: The minimum payout threshold is $100. If the affiliate has not earned at least $100, the payment will roll over to the following month until the threshold is met.
• Taxes: Affiliates are responsible for any applicable taxes on their commission earnings.

6. Marketing Guidelines

• Permitted Promotional Methods: Affiliates are allowed to promote Everblue Pond products through their websites, social media, blogs, and other digital channels. Email marketing is permitted as long as it complies with all applicable laws and regulations, including CAN-SPAM.
• Prohibited Practices: Affiliates are prohibited from using PPC (pay-per-click) campaigns to bid on Everblue Pond-branded keywords. Affiliates may not engage in spamming, misleading advertising, or any deceptive practices to promote Everblue Pond.
• Use of Trademarks: Affiliates may use Everblue Pond’s trademarks, logos, and other marketing materials provided through the affiliate portal, but only in accordance with our guidelines. Modifications or unapproved use of our intellectual property are strictly prohibited.

7. Intellectual Property Rights

• License: Affiliates are granted a limited, non-exclusive license to use Everblue Pond trademarks, logos, and marketing materials solely for the purpose of promoting our products under this agreement.
• Restrictions: Affiliates may not alter or modify any trademarks or materials without prior written consent. All rights to intellectual property remain with Everblue Pond.

8. Geographical Limitations

• Territory: The affiliate program is available only to affiliates operating within the USA and Canada.
• Compliance: Affiliates must comply with all applicable local, state, and federal laws in their region regarding the promotion of products.

9. Confidentiality

• Non-Disclosure: Affiliates agree to maintain the confidentiality of all non-public information they may receive from Everblue Pond during the course of the affiliate relationship.
• Exceptions: The confidentiality obligation does not apply to information that is publicly known or disclosed to the affiliate by a third party without violation of this agreement.

10. Termination

• Termination by Affiliate: Affiliates may terminate their participation in the program at any time by providing written notice to Everblue Pond.
• Termination by Everblue Pond: We reserve the right to terminate any affiliate at any time, with or without cause. Termination may occur due to violations of this agreement, inactivity, or unethical promotional practices.
• Effects of Termination: Upon termination, all licenses to use Everblue Pond materials will immediately be revoked. Affiliates will receive any pending commissions earned up to the date of termination, provided the minimum payout threshold has been met.

11. Modification of Terms

• Right to Modify: Everblue Pond reserves the right to modify the terms of this agreement at any time. Affiliates will be notified of any changes via email or through the affiliate dashboard.
• Acceptance of Changes: Continued participation in the program after changes to the terms of service will constitute acceptance of the modified agreement.

12. Liability Limitations

• Disclaimer of Warranties: Everblue Pond makes no express or implied warranties or representations with respect to the affiliate program or any products sold through the program.
• Limitation of Liability: Everblue Pond will not be liable for any damages arising from participation in the affiliate program, including but not limited to lost profits, lost business opportunities, or indirect, consequential, or special damages.

13. Dispute Resolution

• Arbitration Clause: Any disputes arising out of or in connection with this agreement will be resolved through binding arbitration under the rules of the American Arbitration Association.
• Governing Law: This agreement is governed by the laws of the United States.

14. Compliance with Policies

• Privacy Policy: Affiliates must comply with Everblue Pond’s Privacy Policy in the course of promoting our products.
• Data Protection: Affiliates must ensure their marketing practices are in line with applicable data protection laws, including but not limited to GDPR and other privacy regulations.

15. Miscellaneous

• Independent Contractors: Affiliates are independent contractors and are not considered employees, partners, or agents of Everblue Pond.
• Severability: If any provision of this agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Entire Agreement: This agreement constitutes the entire understanding between the parties and supersedes all prior agreements.

16. Contact Information

If you have any questions regarding this agreement or your participation in the affiliate program, please contact us at support@everbluepond.com.