Movemama Affiliate Program Terms of Use (Revised)

This Affiliate Agreement (“Agreement”) governs participation in the Movemama Apparel Affiliate Program (“Program”) and is entered into between Movemama Apparel (“Company”) and the participating individual or entity (“Affiliate”).

By participating in the Program, Affiliate agrees to the following terms.

1. Promotion

Affiliate may promote Company products using their unique affiliate link provided by Company.

Affiliate agrees to:

• promote Company products honestly and in good faith
• avoid misleading or deceptive marketing practices
• comply with all applicable laws and regulations
• follow all FTC endorsement guidelines

Affiliate must clearly disclose their affiliate relationship with Company in promotional content using clear disclosures such as:

• #ad
• #affiliate
• #movemamaaffiliate
• or similar language.

Company reserves the right to request removal or modification of promotional content that does not meet brand guidelines or legal requirements.

2. Affiliate Content & Usage Rights

In the course of participating in the Program, Affiliate may create photographs, videos, reviews, testimonials, social media posts, written content, or other promotional materials featuring Company products (“Affiliate Content”).

Affiliate retains ownership of their Affiliate Content.

However, by participating in the Program, Affiliate grants Company a perpetual, worldwide, irrevocable, royalty-free, sublicensable, transferable license to:

• use
• reproduce
• distribute
• display
• publish
• edit
• modify
• adapt
• create derivative works from
• publicly perform

the Affiliate Content in any format or media now known or later developed.

This license includes, but is not limited to, use of Affiliate Content for:

• paid advertising (Meta, Instagram, Facebook, TikTok, Pinterest, Google, YouTube, etc.)
• organic social media marketing
• website content
• product pages
• email marketing
• SMS marketing
• marketing campaigns
• digital or print marketing materials
• paid partnership advertisements
• whitelisting / creator partnership ads
• Spark Ads or equivalent advertising formats

Company may edit, crop, caption, combine, resize, or otherwise modify Affiliate Content as reasonably necessary for marketing purposes.

Affiliate also grants Company permission to use Affiliate’s:

• name
• likeness
• image
• voice
• social media handle
• biographical information

in connection with the Affiliate Content.

Affiliate agrees that no additional compensation is owed beyond affiliate commissions.

3. Creator Advertising Permissions

If requested by Company, Affiliate agrees to reasonably cooperate in enabling advertising permissions through their social media accounts including:

• Meta Partnership Ads
• TikTok Spark Ads
• Instagram Partnership Ads
• Whitelisting access
• Similar advertising tools

Affiliate is not required to provide account login credentials.

4. Intellectual Property

Company retains all rights, title, and interest in:

• Company trademarks
• logos
• product designs
• branding
• marketing assets

Affiliate may only use Company intellectual property solely for purposes of promoting Company products within the Program.

Affiliate may not:

• register domain names containing Company trademarks
• create confusingly similar branding
• represent themselves as Company employees or representatives.

5. Compensation

Company will provide Affiliate with a unique tracking link.

Affiliate will receive commission on qualifying sales generated through their affiliate link.

Commission structure:

Tier 1: 10% commission

Tier 2: 15% commission after $500 in sales

Tier 3: 20% commission after $1000 in sales

Company reserves the right to update commission percentages at any time.

6. Refund Period

Commissions are only paid on completed sales.

Affiliate will not receive commission on refunded purchases.

Affiliate payouts occur after the customer refund period has expired.

7. Chargebacks

Company reserves the right to deduct previously paid commissions for transactions that are refunded due to:

• chargebacks
• fraud
• disputed transactions
• payment reversals.

8. Payouts

Affiliate commissions are paid via PayPal on the first Monday of each month, for commissions earned during the previous payout period.

Affiliate is responsible for providing accurate payment information.

Affiliate is responsible for any taxes owed on commissions earned.

9. Brand Protection

Affiliate agrees not to:

• make medical claims
• make unsupported product claims
• engage in offensive or discriminatory conduct while promoting Company products
• damage the reputation of Company.

Company may terminate this Agreement immediately if Affiliate conduct harms the Company brand.

10. Independent Contractor

Affiliate is an independent contractor.

Nothing in this Agreement creates:

• employment
• partnership
• joint venture
• agency relationship.

Affiliate is responsible for their own taxes and expenses.

11. Cancellation & Termination

Company may terminate this Agreement at any time for any reason.

Upon termination:

• Affiliate must stop promoting Company products
• Affiliate must stop using Company marketing materials
• Affiliate links may be disabled

Content rights granted to Company survive termination of this Agreement.

12. Force Majeure

Company will not be liable for delays or failures caused by events beyond reasonable control including:

• natural disasters
• government actions
• labor disputes
• internet outages
• supply chain disruptions.

13. Indemnification

Affiliate agrees to indemnify and hold harmless Company from any claims, damages, losses, or expenses arising from:

• Affiliate’s promotional activities
• violation of this Agreement
• violation of laws or regulations.

14. Liability Limitation

Company shall not be liable for any indirect, incidental, consequential, or special damages arising from participation in the Program.

15. Dispute Resolution

This Agreement shall be governed by the laws of the State of North Carolina.

Any disputes arising under this Agreement shall be resolved in the courts of North Carolina.

16. Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions remain in full force.

17. Modification

Company may modify this Agreement at any time.

Continued participation in the Program constitutes acceptance of updated terms.

18. Entire Agreement