This Affiliate Agreement is made and entered into as of by and between POUT Straw and with the affiliate.




1. Engagement of Services





Company hereby engages Affiliate, and Affiliate agrees to be engaged, as an affiliate marketer to promote Company’s products/services through Affiliate’s marketing channels.





2. Affiliate Responsibilities





Affiliate agrees to use its best efforts to promote and market Company’s products/services. This includes, but is not limited to, placing links, banners, and other promotional materials on Affiliate’s website, social media platforms, and other marketing channels.





3. Compensation





3.1 Commission: Affiliate will earn a commission of the net sales generated through Affiliate’s referral links. Net sales are defined as the sales price of the product/service, excluding taxes, shipping, and handling.





3.2 Payment Schedule: Commissions will be paid on a Monthly basis. Payments will be made via ACH to the account details provided by the Affiliate.





4. Term and Termination





4.1 Term: This Agreement will commence on the Effective Date and will continue until terminated by either party.





4.2 Termination: Either party may terminate this Agreement at any time, with or without cause, by providing 3 days’ written notice to the other party. Upon termination, Affiliate must remove all Company promotional materials from its channels.





5. Intellectual Property





Affiliate acknowledges that all intellectual property rights in the promotional materials and the Company’s products/services are the exclusive property of the Company. Affiliate is granted a limited, non-exclusive, non-transferable license to use the promotional materials solely for the purpose of fulfilling its obligations under this Agreement.





6. Confidentiality





Affiliate agrees to keep confidential all information disclosed by Company that is marked as confidential or that would reasonably be understood to be confidential, including but not limited to business plans, strategies, and customer information.





7. Limitation of Liability





To the fullest extent permitted by law, the Company shall not be liable to Affiliate for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement.





8. Miscellaneous





8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of business, without regard to its conflict of law principles.





8.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, and communications, both written and oral.





8.3 Amendment: This Agreement may be amended only by a written document signed by both parties.





8.4 Assignment: Affiliate may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Company.





8.5 Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the addresses provided by the parties.





9. Exclusive Clause




9.1 The Affiliate agrees to exclusively promote the POUT Straw. During the term of this Agreement, the Affliate shall not, directly or indirectly, advertise, market, or promote any other anti-wrinkle straws.




9.2 The exclusivity period shall commence on the Effective Date and continue for the duration of the Agreement unless terminated earlier.