This Affiliate Agreement ("Agreement") is entered into between Scrunch It ("Company") and the individual or entity participating in the Scrunch It Affiliate Program ("Affiliate").
- PURPOSE
The Company operates an affiliate marketing program through which Affiliates may promote Scrunch It products and earn commissions on qualifying sales.
- ENROLLMENT
Participation in the Affiliate Program is subject to approval by the Company. The Company reserves the right to accept or reject any application for any reason.
- AFFILIATE RESPONSIBILITIES
Affiliate agrees to:
• Promote Scrunch It products honestly and accurately.
• Comply with all applicable laws, regulations, and advertising guidelines, including FTC disclosure requirements.
• Clearly disclose affiliate relationships whenever promoting Scrunch It products.
• Refrain from making false, misleading, or unsubstantiated claims regarding Company products.
• Maintain professional conduct that reflects positively on the Scrunch It brand.
- COMMISSION STRUCTURE
Affiliate shall earn a commission equal to 15% of the net sales price of qualifying purchases made through the Affiliate's unique referral link or code.
Net sales exclude:
• Shipping charges
• Taxes
• Refunds
• Chargebacks
• Fraudulent transactions
- PAYMENT
Commissions will be paid monthly, provided the Affiliate has met the minimum payout threshold of $20.00.
Payments will be issued within 15 days after the end of each calendar month.
The Company reserves the right to withhold payment pending investigation of suspected fraud or violations of this Agreement.
- REFUNDS AND CANCELLATIONS
No commission shall be earned on refunded, canceled, disputed, or chargeback transactions.
If commissions have already been paid on such transactions, the Company may deduct those amounts from future commission payments.
- PROHIBITED ACTIVITIES
Affiliate shall not:
• Purchase products through their own affiliate link for commission.
• Use spam, unsolicited messages, or deceptive marketing tactics.
• Bid on Company trademarks or brand names in paid advertising without written permission.
• Create websites, social media accounts, or advertisements that falsely imply ownership of or affiliation with the Company.
• Engage in unlawful, offensive, discriminatory, or harmful conduct that could damage the Company's reputation.
- INTELLECTUAL PROPERTY
The Company grants Affiliate a limited, revocable, non-exclusive license to use approved Company trademarks, logos, product images, and marketing materials solely for participation in the Affiliate Program.
All intellectual property remains the exclusive property of the Company.
- CONTENT USAGE RIGHTS
Affiliate grants the Company permission to repost, share, publish, or otherwise use content created by Affiliate that features or promotes Scrunch It products, including photographs, videos, reviews, testimonials, and social media content.
Affiliate retains ownership of their original content.
- TERM AND TERMINATION
Either party may terminate this Agreement at any time for any reason upon written notice.
The Company may immediately terminate participation for violations of this Agreement.
Upon termination:
• Affiliate shall cease use of all Company trademarks and marketing materials.
• Unpaid commissions earned prior to termination may be paid at the Company's discretion if earned in compliance with this Agreement.
- LIMITATION OF LIABILITY
The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from participation in the Affiliate Program.
The Company's total liability shall not exceed the commissions paid to Affiliate during the six months preceding any claim.
- INDEPENDENT CONTRACTOR
Affiliate is an independent contractor and is not an employee, partner, joint venturer, or representative of the Company.
Affiliate is solely responsible for any taxes, fees, or reporting obligations arising from commissions received.
- GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
- MODIFICATIONS
The Company may update or modify this Agreement at any time. Continued participation in the Affiliate Program constitutes acceptance of any modifications.
- ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties regarding the Affiliate Program and supersedes all prior agreements and understandings.
- BRAND CONDUCT AND VALUES
Scrunch It is committed to fostering an inclusive, respectful, and welcoming environment for all individuals regardless of race, ethnicity, national origin, religion, disability, age, sex, gender identity, gender expression, sexual orientation, or other protected characteristics.
Affiliate acknowledges that their public conduct may reflect upon the Scrunch It brand. The Company reserves the right, in its sole discretion, to immediately suspend or terminate an Affiliate's participation in the Affiliate Program if the Affiliate:
• Publishes, promotes, endorses, or engages in racist, discriminatory, hateful, harassing, threatening, or abusive content or conduct.
• Publishes, promotes, endorses, or engages in homophobic, transphobic, sexist, misogynistic, antisemitic, Islamophobic, or other discriminatory content or conduct.
• Uses slurs, hate speech, or language that reasonably could be interpreted as promoting prejudice, discrimination, or hostility toward any individual or group.
• Participates in, supports, or promotes organizations, movements, or activities that advocate discrimination, exclusion, or hatred toward protected groups.
• Engages in conduct that, in the Company's reasonable judgment, may harm the reputation, goodwill, values, or public image of Scrunch It.
The Company may terminate this Agreement immediately and without prior notice upon determining that such conduct has occurred. Any unpaid commissions associated with activity occurring after the conduct giving rise to termination may be forfeited to the extent permitted by law.