This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between you (“Affiliate”, “you”, or similar terms and Wet For Her (“us”, “we”, or similar terms). Any person or entity that participates or attempts to participate in the Program must accept this Agreement without change. By registering for the Program, you agree to this Agreement. BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM
To participate in the Program, you must be at least eighteen (18) years of age or older (or the age of majority, whichever is greater).
You must have an active Social account(s).
You must have a PayPal account.
You must comply with this Agreement to participate in the Program and to receive Commissions.
You must promptly provide us with any information that we request to verify your compliance with this Agreement.
You must be kind and respectful.2. DEFINITIONS
"Affiliate" shall mean the individual applying to or participating in the Program by displaying Wet For Her's products on the social media accounts owned or controlled by Affiliate, including but not limited to, Instagram, Facebook, TikTok, YouTube or blog (individually and collectively, "Affiliate's Social Platform"), using an affiliate tracking link (the "Link" defined below) or code in exchange for receiving a commission from Wet For Her for sales directly resulting from such display.
"Commission Fees" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to Wet For Her, pursuant to the terms of this Agreement.
"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showcasing the Product and subject to the terms of this Agreement.
"Qualified Purchase" shall mean a sale of Wet For Her's Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the Wet For Her Site.3. ENROLLMENT IN THE PROGRAM
(a) To begin the enrollment process, Affiliate must submit a completed Program application through the Wet For Her Site.
(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Affiliate is accepted into the Program, Affiliate shall notify Wet For Her in writing of any significant changes to the content or structure of Affiliate's Social Platform within five (5) days of such change(s).
(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by Wet For Her solely in its discretion. If you are accepted into the Program, Wet For Her expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. Wet For Her further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.4. LINKS
Affiliate shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.5. POSTS
The Post: must depict only Affiliate and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and Affiliate has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (must depict Affiliate and/or the Permitted Third Party wearing Product(s); must tag and mention in captions @wetforher and must include the required hashtag #WetForHerPartner in a clear and conspicuous manner. May not mention, reference or show any brand that is competitive to Wet For Her; must not defame, misrepresent or disparage Wet For Her, its business, products or brands, or any third party brands, products or services competitive to Wet For Her and/or its business, products or brands; must reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences with Wet For Her and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; shall be Affiliate's own original work, created solely by Affiliate, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and shall not contain or reference content which is lewd, obscene, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.
(a) We will pay Affiliate a Commission Fee based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.
(b) The Commission Fee amount and structure
- 10% on most products (certain products are exempt)
(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (ii) a purchase that Wet For Her suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
(d) We reserve the right to withhold payment of Commission Fees to an Affiliate who has commissions that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.
(e) We reserve the right to suspend the payment of Commission Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable or cancelled purchases.
(f) We reserve the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a "Qualified Purchase".
(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Commission Fees to intentionally defraud Wet For Her or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
7. ACCRUAL AND PAYMENT OF COMMISSION FEES
(a) Commission Fees will be paid sixty (45) days from the order date of the Qualified Purchase associated therewith.
(b) Payment of Commission Fees will be made through PayPal. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Commission Fees.
(c) We reserve the right, in our discretion, to change or modify the available commission payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the Wet For Her Site.
(d) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.
(e) We do not make any guarantee of a minimum amount of Qualified Purchases or that Affiliate will earn any amount of Commission Fee under this Agreement.8. REPORTS OF QUALIFIED PURCHASES
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Commission Fee, Affiliate must file a written report of such dispute with Wet For Her by email within ten (10) days after the subject Commission Fee is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Commission Fee.9. LIMITED LICENSE FOR USE OF WET FOR HER LOGOS/TRADEMARKS
We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the Wet For Her site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.10. OWNERSHIP
As between Affiliate and Wet For Her, Wet For Her shall own all right, title and interest, including all Intellectual Property Rights, in and to the Wet For Her Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.11. LICENSE TO USE OF POSTS AND AFFILIATE'S IMAGE
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, additional compensation, notice, review or approval.12. RESPONSIBILITY FOR AFFILIATE'S SOCIAL PLATFORM
Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.13. TERM AND TERMINATION
(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.
(b) Wet For Her expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.
(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links and Program related content from Affiliate's Social Platform. Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by Wet For Her, Affiliate agrees to promptly remit such excess payment upon notification by Wet For Her. Wet For Her may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid.14. INDEPENDENT CONTRACTOR RELATIONSHIP
For purposes of this Agreement, Affiliate will not be considered an agent, employee or representative of Wet For Her and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Affiliate has no authority to act for or on behalf of Wet For Her or to bind Wet For Her in any legal contracts.15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WET FOR HER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.16. DISCLAIMER OF WARRANTY
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. WET FOR HER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WET FOR HER MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. WET FOR HER FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE WET FOR HER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.17. CONFIDENTIALITY
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Wet For Her pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.
If you have any questions, please email [email protected]