Terms of Use Agreement for ELF-filiate Program

Last Updated: March 10, 2025

1. Introduction

Welcome to the ELF-filiate Program! These Terms of Use ("Agreement") are made between you ("Affiliate", "you", or "your") and Elfin Around Kits LLC ("Company", "we", "us", or "our"). By participating in the ELF-filiate Program, you agree to comply with and be bound by this Agreement. Please read it carefully.

2. Definitions

• Affiliate: An individual or entity approved by Elfin Around Kits LLC to promote our products.
• Commission: The monetary reward earned by the Affiliate for qualifying purchases.
• Qualifying Purchase: A purchase made by a customer using the Affiliate's unique link, excluding the built-in qualified deduction.

3. Eligibility

To participate in the ELF-filiate Program, you must:

• Be at least 18 years of age.
• Have an active social media presence.
• Complete the registration process on our website.

4. Enrollment in the Program

To enroll in the ELF-filiate Program, you must complete the online application form. We reserve the right to approve or reject any application at our sole discretion. Upon acceptance into the program, you will receive a unique affiliate link to promote our products.

5. Responsibilities of Affiliates

5.1 Compliance with Laws: Affiliates must comply with all applicable laws and regulations, including advertising standards and consumer protection laws.

5.2 Disclosure Requirements: Affiliates must clearly disclose their affiliate relationship with Elfin Around Kits LLC in their promotions, in accordance with FTC guidelines.

6. Commissions, Payments and Reimbursements

6.1 Commission Rate: Affiliates will earn a 10% commission on all items sold through their unique affiliate link. Commissions will be calculated after the built-in shipping cost and taxes are deducted from the order. The built-in shipping fees are as follows:

• Standard Shipping Cost Deduction Per Order: $12 Deduction

6.2 Affiliate Purchase Reimbursement: Elfin Around Kits LLC products that are purchased by the Affiliate are eligible for full reimbursement upon the completed 15th sale of a given product. This reimbursement applies to each individual product purchased by Affiliate. 

6.3 Payment Schedule: Payouts will be made on the first business day of every month via Venmo or PayPal, provided that the Affiliate's earned commission has reached a minimum threshold of $25.00. If the threshold is not met, the earned commission will be continuously rolled over and paid out on the first business day in December of the year the commission is earned.

6.4 Payment Methods: Payments will be made via Venmo or PayPal as specified by the Affiliate during registration.

6.5 Taxes: Affiliates are responsible for any taxes associated with commission earnings.

7. Promotional Guidelines

7.1 Approved Marketing Channels: Affiliates may promote our products on social media platforms, personal websites, blogs, and other digital channels.

7.2 Prohibited Activities: Affiliates are prohibited from engaging in fraudulent, deceptive, or misleading advertising practices, including but not limited to:

• Spamming
• Using unauthorized or infringing materials
• Misrepresenting the relationship between the Affiliate and the Company
• You may not bid on Elfin Around’s trademarked terms or variations thereof in pay-per-click advertising campaigns.
• You may not promote any direct competitors of Elfin Around Kits (if you are unsure, please contact us).

7.3 Prohibited Use of Trademarks: Affiliates are prohibited from using the term "Elf on the Shelf" in any promotional materials or communications related to Elfin Around Kits LLC. Elfin Around Kits LLC and its products are not associated with, endorsed by, or affiliated with the "Elf on the Shelf" brand or its products.

8. Prohibited Content

Affiliates should not promote products in connection with content that is offensive, illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable.

9. Intellectual Property

All promotional materials, including logos, images, and product descriptions, provided by the Company are the intellectual property of Elfin Around Kits LLC. Affiliates are granted a limited, non-exclusive, revocable license to use these materials solely for the purpose of promoting our products in accordance with this Agreement.

10. Account Termination

10.1 Termination by Company: We may terminate this Agreement at any time, with or without cause, by providing written notice to the Affiliate. Grounds for termination include, but are not limited to, inactivity, violation of terms, or fraudulent activity.

10.2 Termination by Affiliate: You may terminate this Agreement at any time by providing written notice to us.

10.3 Effect of Termination: Upon termination, the Affiliate must cease all promotional activities and remove any links, logos, and references to the Company from their marketing channels.

11. Confidentiality

Affiliates must maintain the confidentiality of any proprietary information provided by the Company, such as promotional strategies or customer data.

12. Limitation of Liability

Elfin Around Kits LLC will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement or the ELF-filiate Program. Our total liability to you for any cause of action arising out of this Agreement or the Program will be limited to the amount of 1% of commissions earned by you in the previous calendar month.

13. Indemnification

You agree to indemnify, defend, and hold harmless Elfin Around Kits LLC and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your participation in the ELF-filiate Program, your breach of this Agreement, or your violation of any law or the rights of a third party.

14. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles.

15. Data Protection

We are committed to protecting your privacy and complying with applicable data protection laws. We will use your personal data only as described in our Privacy Policy.

16. Dispute Resolution

Any disputes arising out of or in connection with this Agreement will be resolved through binding arbitration in the State of Michigan. The arbitration will be conducted in English and in accordance with the rules of the American Arbitration Association.

17. Changes to the Agreement

We reserve the right to modify or amend this Agreement at any time. We will notify you of any changes by posting the updated Agreement on our website. Your continued participation in the ELF-filiate Program following any such changes will constitute your acceptance of the new terms.

18. Contact Information

If you have any questions or concerns about this Agreement or the ELF-filiate Program, please contact us at:

Elfin Around Kits LLC

Leslie LeDoux

leslie@elfinaroundkits.com

By participating in the ELF-filiate Program, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.