Affiliate Terms & Conditions
Last updated: September 2026
IMPORTANT: Participation in the Program is subject to the Company's continuing approval. The Company may suspend or terminate an Affiliate at any time, with or without cause, notice, an opportunity to cure, or explanation, as described below.
These Affiliate Program Terms and Conditions (these "Terms") govern participation in the Bones Coffee affiliate and brand ambassador program (the "Program") offered by BONES BRANDS, LLC, a Florida limited liability company doing business as BONES COFFEE COMPANY ("Company," "Bones Coffee," "we," "us," or "our"). Each applicant or participant is referred to as an "Affiliate" or "you."
By submitting an application, clicking to accept these Terms, accessing a Program account or dashboard, accepting or using a referral link or discount code, promoting the Company or any Company product, or otherwise participating in the Program, you acknowledge that you have read, understand, and agree to be bound by these Terms and all Program policies and instructions made available by the Company from time to time. If you participate on behalf of an entity, you represent that you have authority to bind that entity, and "Affiliate" includes both you and that entity.
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PROGRAM ADMISSION AND CONTINUING ELIGIBILITY
Application and Approval. All applications are subject to the Company's review and approval in its sole discretion. The Company may accept or reject any application for any lawful reason or no stated reason. Approval is personal to the approved Affiliate and does not authorize any other person or entity to participate.
Eligibility. You must be at least eighteen (18) years old, legally capable of entering into a binding agreement, and able to provide accurate tax, payment, identity, and contact information. You may not participate if doing so would violate any law, contract, employer policy, platform rule, or other obligation applicable to you.
Ongoing Approval. Participation is a revocable privilege, not a right, franchise, distributorship, employment position, or guarantee of any term, compensation, sales volume, audience access, or future opportunity. Your continued participation is at all times subject to the Company's ongoing approval. The Company may reevaluate your eligibility, channels, content, audience, traffic quality, conduct, compliance history, or brand fit at any time.
Accurate Information and Account Security. You will keep all Program information current and accurate, maintain the confidentiality of your credentials and codes, and promptly notify the Company of unauthorized access, suspected fraud, a compromised account, a material change in your public profile or content, or any circumstance that could affect your eligibility. You are responsible for all activity conducted through your Program account, referral links, and codes.
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INDEPENDENT CONTRACTOR; NO AUTHORITY
Independent Relationship. You participate solely as an independent contractor. Nothing in these Terms creates an employment, agency, partnership, joint venture, fiduciary, franchise, sales-representative, or similar relationship. You are not entitled to wages, benefits, reimbursement, or other compensation except eligible commissions expressly provided under the Program.
No Authority. You may not bind the Company, incur obligations on its behalf, make commitments or warranties for it, negotiate terms for it, or represent or imply that you are an employee, agent, spokesperson, official representative, authorized reseller, or exclusive partner of the Company. You will not issue press statements or respond on the Company's behalf to media, customer, or governmental inquiries.
Costs and Taxes. You bear all costs of participation and are solely responsible for all federal, state, local, and foreign taxes, reporting obligations, permits, licenses, insurance, and similar requirements arising from your participation or commissions. The Company may require a completed Form W-9 or other documentation and may withhold payments until it is received.
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REFERRAL LINKS, CODES, AND QUALIFYING TRANSACTIONS
Program Tools. The Company may provide unique referral links, discount codes, creative assets, or other tracking tools (collectively, "Program Tools"). Program Tools remain subject to the Company's control, may be changed or deactivated at any time, and may be used only by you and only for authorized Program activities.
Qualifying Transactions. A commission is earned only on a bona fide customer purchase that the Company's systems properly attribute to your Program Tools, for which payment is finally received, and that otherwise satisfies the Company's then-current Program rules (a "Qualifying Transaction"). Company and platform records control absent manifest error.
Excluded and Reversed Transactions. The Company may exclude, cancel, reverse, or charge back commissions for returns, refunds, cancellations, failed or disputed payments, duplicate orders, self-referrals, purchases for resale, test orders, misuse of promotions, fraud, artificial or incentivized traffic, transactions that violate these Terms, or any transaction the Company reasonably determines is not legitimate or properly attributable to you. The Company may offset chargebacks, overpayments, losses, or other amounts owed by you against current or future commissions.
Rates and Payment. Commission rates, attribution rules, validation periods, payment timing, minimum thresholds, and other commercial terms are those displayed in the Program platform or otherwise communicated by the Company. The Company may change those terms prospectively at any time. Payment is conditioned on your continuing compliance, submission of required payment and tax information, and completion of the Company's validation and fraud review.
No Circumvention. You may not manipulate attribution, split or duplicate transactions, use cookie stuffing, forced clicks, hidden redirects, adware, spyware, toolbars, bots, automated traffic, fabricated identities, purchased engagement, or any other deceptive, artificial, or technically manipulative practice. You may not share, sell, transfer, sublicense, or permit another person to use your Program Tools without prior written approval.
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PROMOTIONAL METHODS AND CHANNEL RESTRICTIONS
You will promote the Company and its products only through truthful, professional, lawful, and transparent methods approved by the Company. Without the Company's prior written approval, you may not:
purchase or place paid search, social media, display, native, retargeting, or other advertising that uses Program Tools or is intended to generate Program commissions;
bid on, purchase, or use as advertising keywords the Company's names, trademarks, product names, domain names, misspellings, variations, or any confusingly similar terms;
post or promote a discount code or referral link on the Company's website, social channels, advertisements, customer-service channels, reviews, community groups, or other Company-controlled property;
publish Program Tools on coupon, rebate, deal, cashback, code-aggregation, browser-extension, loyalty, or similar sites or services;
send unsolicited commercial email, text messages, direct messages, automated messages, or other communications, or use purchased, scraped, rented, or improperly obtained contact lists;
register or use any domain name, subdomain, email address, social-media handle, profile name, application name, or other identifier containing a Company trademark or confusingly similar variation;
use pop-ups, pop-unders, frames, overlays, misleading buttons, malware, or any technology that interferes with a user's device, browser, privacy settings, or voluntary navigation;
promote products through content directed primarily to children, unlawful websites, adult-content sites, hate sites, piracy services, or any channel inconsistent with the Company's brand standards; or
resell Company products, represent that you control pricing or inventory, recruit sub-affiliates, or offer any incentive, giveaway, rebate, sweepstakes, or additional discount in connection with Program Tools.
The Company may require you to stop any promotional method or remove, revise, or relocate any content at any time. You will comply promptly, and in all events within one (1) business day after notice unless the Company specifies a shorter period.
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ADVERTISING DISCLOSURES; LEGAL AND PLATFORM COMPLIANCE
Material-Connection Disclosures. Every endorsement, review, recommendation, testimonial, or other promotion must clearly and conspicuously disclose your material connection to the Company in close proximity to the relevant claim and in a form readily noticed and understood by the audience. You will comply with the Federal Trade Commission Act, the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, and all related guidance, as updated, including any platform-specific paid-partnership tool. A profile disclosure, buried hashtag, hyperlink, ambiguous term, or disclosure visible only after a user clicks "more" is not sufficient when the law requires more prominent disclosure.
Truthful Personal Experience. All statements must be truthful, accurate, substantiated where required, and reflect your honest opinions and actual experience. You may not make or imply any claim about a Company product's health, safety, ingredients, performance, comparative qualities, environmental attributes, or other characteristics unless the Company has supplied the exact approved claim or substantiation and authorized its use.
Compliance Responsibility. You are solely responsible for compliance with all applicable laws, regulations, self-regulatory standards, platform terms, community standards, privacy requirements, advertising rules, contest and sweepstakes laws, email and text-message laws, and third-party rights. Company review, approval, silence, reposting, or use of content does not relieve you of that responsibility.
No Deception. You may not impersonate any person, conceal the commercial nature of a promotion, make false scarcity or savings claims, publish fabricated reviews, misstate pricing or availability, suppress material information, use fake followers or engagement, or engage in any unfair, deceptive, misleading, fraudulent, or abusive practice.
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AFFILIATE CONTENT STANDARDS
Affiliate Content. "Affiliate Content" means all text, files, images, graphics, illustrations, data, audio, video, photographs, live streams, stories, captions, comments, replies, hashtags, metadata, thumbnails, links, and other material you create, publish, distribute, or use in connection with the Program or Company, including content that displays or refers to the Company, its products, Program Tools, or Company Marks.
Content Requirements. Affiliate Content must be professional, accurate, in good taste, consistent with the Company's instructions and brand standards, and suitable for a broad consumer audience. It must be your original work or properly licensed for all contemplated commercial uses and must not infringe any copyright, trademark, privacy, publicity, contractual, moral, or other right. You will obtain and retain all permissions, releases, licenses, and consents required for persons, music, images, locations, quotations, trademarks, and other third-party material.
Prohibited Content. Affiliate Content may not be unlawful; defamatory; libelous; fraudulent; deceptive; obscene; pornographic; sexually explicit or suggestive; salacious; vulgar; profane; violent; threatening; harassing; abusive; hateful; discriminatory; demeaning; humiliating; exploitative; invasive of privacy; or otherwise offensive, objectionable, unsafe, or inconsistent with the Company's desired reputation or public image, in each case as determined by the Company in its sole discretion.
Company Direction. At any time, the Company may require that Affiliate Content be submitted for advance approval or that you edit, correct, supplement, disable, archive, or remove Affiliate Content. You will comply immediately or within any period stated by the Company. Approval of one item does not approve any other item or waive future enforcement.
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PUBLIC CONDUCT AND BRAND SAFETY
Commercial Importance. You acknowledge that your identity, public reputation, public-facing accounts, content, audience interactions, and conduct may become associated with the Company because of your participation in the Program. Protecting the Company's reputation, customer relationships, personnel, goodwill, and ability to market to a broad audience is a material condition of your participation.
Affiliate Channels. An "Affiliate Channel" is any social-media account, website, blog, podcast, streaming channel, community, forum profile, or other public-facing channel that you use to promote the Company, display Program Tools, or identify yourself as a Company affiliate or ambassador. Throughout your participation, you will maintain each Affiliate Channel in a manner consistent with these Terms, including its profile, biography, historical and current posts, reposts, comments, replies, likes or other visible endorsements, linked content, collaborations, and audience interactions.
Controversial and Polarizing Content. Unless the Company gives prior written approval, you may not use an Affiliate Channel to publish, repost, endorse, amplify, or materially engage in partisan political advocacy; endorsements of or opposition to candidates, parties, campaigns, or political organizations; or commentary, advocacy, or provocative content concerning controversial or polarizing political, religious, social, cultural, or public-policy subjects. This restriction applies regardless of viewpoint, party, affiliation, ideology, cause, or position and regardless of whether the content is lawful, truthful, sincerely held, or unrelated to coffee. It is intended to preserve the Affiliate Channel as an appropriate commercial environment for the Company's broad customer audience.
Other Public Conduct. You will not make, publish, endorse, facilitate, or become involved in any statement, content, act, event, allegation, dispute, investigation, or circumstance that, in the Company's sole discretion: (a) is salacious, scandalous, inflammatory, provocative, offensive, shocking, indecent, hateful, discriminatory, harassing, threatening, abusive, dishonest, violent, unsafe, or unlawful; (b) tends to subject you, the Company, its products, customers, personnel, or business partners to public disrepute, contempt, scandal, ridicule, boycott, hostility, or materially negative publicity; (c) materially divides or alienates the Company's audience or generates complaints, controversy, disruption, or reputational risk; or (d) otherwise reflects unfavorably on, tarnishes, or is inconsistent with the name, image, values, goodwill, or commercial interests of the Company. The Company need not establish illegality, falsity, fault, widespread publicity, or actual financial harm; a good-faith determination of potential association or brand risk is sufficient.
Conduct Outside Affiliate Channels. Section 7(d) applies to public or publicly discoverable conduct and content on or off Affiliate Channels, whether occurring before or during participation, whenever the Company determines that the matter has become or may become associated with you or the Company or may expose the Company to controversy, negative attention, customer complaints, safety concerns, or reputational harm. Nothing in these Terms requires the Company to investigate or adjudicate competing factual or political claims before taking action to protect its commercial interests.
No Company Association. You may not display, tag, mention, depict, or refer to the Company, its products, Company Marks, Program relationship, customers, owners, employees, or business partners in connection with political, religious, controversial, polarizing, salacious, adult, unlawful, or otherwise restricted content. You may not state or imply that the Company supports, opposes, sponsors, or is affiliated with any political party, candidate, campaign, public issue, religion, movement, organization, or cause.
No Retaliation, Harassment, or Doxxing. During or after participation, you will not retaliate against the Company or any complainant; direct, encourage, coordinate, or facilitate spam, mass commenting, review bombing, harassment, threats, intimidation, hacking, false reporting, or disruption of Company channels or operations; publish or facilitate publication of any nonpublic home address, personal contact information, family information, credentials, or other sensitive personal information of Company personnel, contractors, customers, or business partners; or encourage followers or third parties to engage in any such conduct.
Disclosure and Cooperation. You will promptly notify the Company of any material complaint, threatened or actual platform action, demand, investigation, arrest, charge, litigation, allegation, media inquiry, viral controversy, security incident, or negative publicity involving you or an Affiliate Channel that could reasonably become associated with or affect the Company. You will preserve relevant records and cooperate in good faith with the Company's response, including pausing content and providing information reasonably requested by the Company.
Enforcement Discretion. These brand-safety standards are contractual conditions of a voluntary commercial program and are not a promise that the Company will monitor, investigate, or take the same action in every circumstance. Context, audience, timing, reach, repetition, severity, risk, and business needs may differ. A decision not to act in one instance does not waive the Company's right to act in another.
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COMPANY MARKS AND OTHER INTELLECTUAL PROPERTY
Limited License. During active participation and subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, and fully revocable license to use only the Company trademarks, logos, product images, and other materials expressly supplied or approved for the Program (collectively, "Company Marks") solely to promote authorized Company products through approved channels.
Use Restrictions. You will follow all brand and trademark guidelines, use Company Marks only in the form provided, and not modify them or combine them with other marks. You will not challenge or impair the Company's rights; seek to register any identical or confusingly similar mark, domain, handle, or identifier; use Company Marks in a business name or paid advertisement; imply endorsement beyond Program participation; or use Company materials for any purpose not expressly authorized. All goodwill from use of Company Marks belongs exclusively to the Company.
Reservation of Rights. Except for the limited license above, the Company and its licensors retain all right, title, and interest in Company Marks, Program materials, products, websites, data, technology, and intellectual property. No license is granted by implication, estoppel, or otherwise.
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LICENSE TO AFFILIATE CONTENT; NAME AND LIKENESS
Content License. You retain ownership of your original Affiliate Content. You grant the Company and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license during participation and for three (3) years afterward to host, reproduce, display, publish, distribute, transmit, repost, edit, crop, resize, adapt, create derivative works from, advertise with, and otherwise use Affiliate Content in any media for the Company's advertising, marketing, public-relations, internal, archival, and commercial purposes. The Company has no obligation to use any Affiliate Content.
Publicity Rights. The license includes the right to use your name, social-media handle, image, likeness, voice, biography, statements, and other indicia of identity embodied in or submitted with Affiliate Content, without additional approval or compensation. To the extent permitted by law, you waive and agree not to assert moral rights, rights of attribution, or similar rights against authorized uses.
Content Copies. Upon request, you will provide a high-resolution copy of Affiliate Content and associated usage permissions in the format reasonably specified by the Company. Company approval or use does not transfer responsibility for your content or limit your obligations, representations, or indemnity.
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MONITORING; AUDIT; PROTECTION OF THE PROGRAM
Monitoring. The Company may monitor and review Program accounts, Affiliate Channels, Affiliate Content, traffic sources, attribution data, customer complaints, public information, and promotional practices to assess compliance, fraud, quality, and brand risk. You authorize the Company and its service providers to collect and analyze Program-related data consistent with applicable law and the Company's privacy policy.
Records and Audit. You will maintain complete records reasonably sufficient to demonstrate compliance for at least two (2) years after the applicable promotion or transaction and will provide them promptly upon request. The Company may investigate suspicious activity and temporarily hold payments, deactivate Program Tools, or suspend participation while an investigation is pending.
No Interference. You will not evade monitoring, conceal traffic sources, provide false information, destroy relevant records after notice of a dispute, interfere with an investigation, or assist another person in violating these Terms.
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CONFIDENTIALITY AND DATA
Confidential Information. Nonpublic information concerning the Company, the Program, commission structures, campaigns, products, personnel, customers, security, strategy, technology, finances, or business partners that is disclosed or made available to you and reasonably should be understood as confidential is "Confidential Information." Confidential Information excludes information you can document was lawfully known without restriction before disclosure, becomes public through no breach, is received lawfully from a third party without duty, or is independently developed without use of Confidential Information.
Use and Protection. You will use Confidential Information only for authorized Program participation, protect it with at least reasonable care, and not disclose it except to a representative who needs to know it and is bound by obligations at least as protective. If legally compelled to disclose, you will give prompt notice when permitted and reasonably assist in seeking protection. Upon request or termination, you will return or destroy Confidential Information, subject to legal retention requirements.
Customer and Personal Data. Unless expressly authorized in writing, you may not collect, access, retain, use, sell, share, or disclose Company customer data or other personal information obtained through the Program. Any authorized processing must comply with Company instructions, applicable privacy and security laws, and reasonable security safeguards.
AFFILIATE REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that:
you have authority to accept and perform these Terms, and your participation will not breach any other obligation;
all information and materials you provide are and will remain complete, accurate, authentic, and not misleading;
your accounts and channels are in good standing and are not subject to undisclosed restrictions, investigations, artificial engagement, or platform enforcement that could impair the Program;
Affiliate Content and promotional practices comply with these Terms, applicable law, platform rules, Company instructions, and third-party rights;
you own or have secured all rights, licenses, consents, and releases necessary for the Company and its designees to exercise the rights granted under these Terms;
you have not used and will not use bots, click farms, purchased or fabricated followers, engagement, reviews, leads, or traffic, or any other artificial means to inflate performance; and
you have disclosed and will promptly disclose any fact, allegation, proceeding, account restriction, or public controversy that could reasonably affect your compliance, reputation, or suitability for association with the Company.
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SUSPENSION AND TERMINATION
Company's Unrestricted Right. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY MAY DENY, PAUSE, SUSPEND, RESTRICT, DEACTIVATE, OR TERMINATE YOUR PARTICIPATION, ACCOUNT, PROGRAM TOOLS, OR ELIGIBILITY FOR COMMISSIONS AT ANY TIME, EFFECTIVE IMMEDIATELY OR ON ANY DATE SELECTED BY THE COMPANY, WITH OR WITHOUT CAUSE, PRIOR NOTICE, AN OPPORTUNITY TO CURE, OR EXPLANATION, AND IN THE COMPANY'S SOLE AND ABSOLUTE DISCRETION. This right is independent of, and does not require, a determination that you breached these Terms.
Illustrative Grounds for Immediate Action. Without limiting Section 13(a), the Company may act immediately because of suspected or actual breach, fraud, manipulation, poor traffic quality, customer complaints, platform enforcement, legal or safety concerns, inactivity, changed business needs, failure to cooperate, any matter described in Section 7, or any conduct the Company determines may adversely affect its name, products, personnel, customers, reputation, goodwill, or commercial interests.
Affiliate Termination. You may end your participation at any time by written notice through the Program platform or to the contact designated by the Company. Termination does not relieve you of obligations or liability arising before termination or obligations that by their nature survive.
Effect of Suspension. During a suspension, you will cease promotional activity if directed, and the Company may disable Program Tools and hold pending payments while it investigates, validates transactions, or assesses losses. Suspension does not obligate the Company to reinstate you.
Effect of Termination. Immediately upon termination, all licenses and permissions granted to you end, you will cease holding yourself out as affiliated with the Company, stop using Company Marks and Program Tools, and comply with any direction to remove or revise Affiliate Content within one (1) business day. No transaction occurring after termination is commissionable, even if a Program Tool remains technically active.
Pending Commissions. If the Company terminates without cause, it will pay commissions on Qualifying Transactions finally validated as properly earned before the effective termination date, subject to ordinary payment timing, thresholds, reversals, setoffs, and these Terms. If termination or suspension involves an actual or suspected breach, fraud, manipulation, noncompliant promotion, brand-safety issue, or other cause, the Company may, to the fullest extent permitted by law, hold, cancel, or forfeit pending and unpaid commissions, reverse affected transactions, and offset its losses, costs, chargebacks, and overpayments. Payment does not waive any breach or limit any remedy.
No Termination Liability. The Company will not be liable for lost commissions, lost profits, reliance expenditures, loss of audience or opportunity, reputational harm, or other damages arising from rejection, suspension, modification, or termination of the Program or your participation. You waive any claim to continued participation or prospective commissions.
Survival. Sections concerning accrued payment obligations, intellectual property, licenses granted to the Company, confidentiality, data, records, representations, termination effects, non-retaliation, indemnification, limitations of liability, dispute terms, and miscellaneous provisions survive termination to the extent applicable.
INDEMNIFICATION
You will defend, indemnify, and hold harmless the Company, its affiliates, and each of their owners, officers, directors, managers, employees, contractors, agents, licensors, service providers, successors, and assigns from and against all claims, demands, investigations, proceedings, judgments, settlements, damages, losses, liabilities, penalties, fines, chargebacks, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your participation in the Program; (b) Affiliate Content or any promotion; (c) your breach or alleged breach of these Terms; (d) your violation of law, platform rules, or third-party rights; (e) taxes or employment-related claims concerning you or anyone you engage; or (f) your negligence, willful misconduct, fraud, or unauthorized representation. The Company may control the defense and settlement with counsel of its choosing, and you will cooperate. You may not settle any matter imposing liability, admission, or obligation on an indemnified party without the Company's prior written consent.
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DISCLAIMERS AND LIMITATION OF LIABILITY
Program As Is. THE PROGRAM, PROGRAM PLATFORM, PROGRAM TOOLS, COMPANY MATERIALS, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ANY WARRANTY OF SALES, TRAFFIC, COMMISSIONS, OR RESULTS.
Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR OPPORTUNITY; OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE PROGRAM OR THESE TERMS, UNDER ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY.
Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES ARISING FROM OR RELATED TO THE PROGRAM OR THESE TERMS WILL NOT EXCEED THE TOTAL COMMISSIONS ACTUALLY PAID TO YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. The limitations in this Section are a material basis of the parties' arrangement and apply even if a remedy fails of its essential purpose.
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GOVERNING LAW; VENUE; JURY-TRIAL WAIVER
Florida Law and Exclusive Venue. These Terms and all disputes arising from or relating to the Program are governed by Florida law, without regard to conflict-of-law principles. You irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Lee County, Florida, and waive any objection based on jurisdiction, venue, or inconvenient forum.
Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATING TO THESE TERMS OR THE PROGRAM.
Attorneys' Fees and Equitable Relief. The prevailing party in any action arising from or relating to these Terms is entitled to recover its reasonable attorneys' fees and costs. You acknowledge that misuse of Company Marks, disclosure of Confidential Information, violation of Section 7, or other breach may cause irreparable harm for which money damages are inadequate, and the Company may seek temporary, preliminary, and permanent injunctive relief without posting bond, in addition to other remedies.
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MODIFICATIONS; PROGRAM CHANGES; NOTICES
Changes to Terms. The Company may modify these Terms and any incorporated policies at any time by posting revised terms in the Program platform, providing notice by email, or using another reasonable method. Unless stated otherwise, revisions are effective when posted or communicated. Your continued access, use of Program Tools, promotion, or participation after the effective date constitutes acceptance. If you do not agree, your sole remedy is to stop participating and provide termination notice.
Program Changes. The Company may modify, pause, discontinue, or replace any aspect of the Program, including products, eligibility, rates, attribution methods, discounts, platforms, geographic availability, and Program Tools, at any time without liability. The Company does not guarantee that the Program or any product will remain available.
Notices. The Company may send notices to the email address associated with your account, through the Program platform, or by posting within Program materials. You are responsible for monitoring those channels and keeping contact information current. Notices to the Company must be sent to the address or email designated in the Program platform or by the Company.
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MISCELLANEOUS
Entire Agreement; Order of Precedence. These Terms, together with the Company's privacy policy, brand guidelines, content policies, campaign terms, and other Program rules made available to you, constitute the entire agreement concerning the Program and supersede prior or contemporaneous communications on that subject. If campaign-specific written terms signed or expressly issued by the Company conflict with these Terms, those terms control only for that campaign and only to the extent of the conflict.
Assignment. You may not assign, delegate, or transfer these Terms, your account, Program Tools, or any right or obligation without the Company's prior written consent, and any attempted transfer is void. The Company may assign or transfer these Terms or any right or obligation without restriction.
No Waiver; Severability. A waiver must be in a writing signed by the Company. Delay or failure to enforce any provision is not a waiver. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
Interpretation. Headings are for convenience only. "Including" means "including without limitation." References to writing include email and Program-platform communications. These Terms will not be construed against either party as drafter. The Company may exercise any approval, judgment, or discretion granted under these Terms in view of its brand, audience, risk tolerance, and commercial interests.
No Third-Party Beneficiaries. Except for persons entitled to indemnification or liability protections, these Terms benefit only you and the Company and create no right in any third party.
Electronic Acceptance. Electronic acceptance and records have the same force as an original signature. You should retain a copy of these Terms for your records.
BY APPLYING FOR OR PARTICIPATING IN THE PROGRAM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, INCLUDING THE COMPANY'S RIGHT TO TERMINATE PARTICIPATION AT ANY TIME AND THE JURY-TRIAL WAIVER ABOVE.