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INFLUENCER TERMS & CONDITIONS OF AGREEMENT

The Shop Agave Social LLC INFLUENCER Program Agreement
PLEASE READ THIS INFLUENCER PROGRAM AGREEMENT CAREFULLY. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.


Definitions
* “Shop Agave Social LLC”, “ Shop Agave Social”, “our”, “we” or “us” refers to Shop Agave Social or shopagavesocial.com
* “You” or “your” refers to the Representative/Influencer. 
* “Products” or “Merchandise” refers to any products sold or distributed by Shop Agave Social.
* “Qualifying Purchase” refers to purchases made when all of the following requirements are met:
Direct Purchases: (i) Affiliate/Influencer has paid the $49 yearly sign-up fee to Shop Agave Social; (ii) a customer clicks through a sign up link on your website to our website; (iii) during a single session that the customer adds a product to his/her shopping cart and places the order for that product no later than 30 days following the customer’s initial click-through; and (iii) the purchased product is paid for by the customer. 

This is a contract between you (“Influencer” or “Affiliate”) and Shop Agave Social LLC (the “Agreement”). As an authorized representative of Shop Agave Social, you agree to abide by the terms and conditions contained in this Agreement. Your participation in the Shop Agave Social Influencer Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Shop Agave Social by your own website or personal referrals. By applying for the Influencer Program, you indicate your acceptance of this Agreement and its terms and conditions. Shop Agave Social reserves the unilateral right to periodically update these terms. 

Enrollment
In order to be eligible for the Influencer Program, you must also create a PayPal account and agree to the Terms of Use of PayPal, our payment processor for the Influencer Program. We reserve the right to approve or reject any Influencer Program Application in our sole and absolute discretion for any or no reason. 
Relationship of the Parties
As an Influencer and representative, you are serving as an independent contractor, and nothing in this Agreement or the Influencer Program in general creates an agency, franchise, partnership, sales representative or employment relationship between you and Shop Agave Social. You have no authority to make or accept any offers or representations on our behalf. 
Commissions 
Influencer will receive commissions for successful payments made by customers referred to Shop Agave Social by Representative. Influencer will be paid according to the following monthly commission structure:

* $1-$10,000 in Qualifying Purchases= 15% commission 
* Over $10,000 in Qualifying Purchases= 20% commission

All commission payments will be sent via direct deposit by the fifteenth of the calendar month following the month when Qualifying Purchases are made unless this day falls in a non-business day. The payment will be paid the previous or following business day. Qualifying Purchases that result in chargebacks or refunds will not be paid to Influencer. 
Discount
Influencers will be eligible for a 5% discount on personal purchases of Shop Agave Social merchandise after the initial $49 sign-up fee has been paid for up to one year.
Responsibility for Your Website
Influencer hereby represents and warrants that Influencer will be solely responsible for his/her website independent of the link provided by Shop Agave Social including its development, operation and maintenance and all data, content and materials that appear on or within it. Shop Agave Social is not and shall never be liable for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement. 
Website Restrictions
Representative’s participating website(s) may not:

* Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.
* Violate or be used to violate any law, rule or regulation.
* Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
* Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. 
* Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website.
* Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
* Violate any of Shop Agave Social’s policies.
* Post Shop Agave Social advertising or marketing links or content, except as specifically allowed by this Agreement.
Linking To Our Website
Upon acceptance into the Program, links will be made available to you through the Influencer interface of GOAFFPRO. When linking to our website, you agree:

* You will only use linking code obtained from the influencer interface without manipulation.
* All domains that use your influencer link must be listed in your Representative profile.
* You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, whenever possible, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating). 
* Your website may not use redirects to bounce a click off a domain from which the click did not originate in order to give the appearance that it came from that domain. 

Pay Per Click Guidelines
You must adhere to our Pay Per Click (“PPC”) guidelines as follows:

* You may not bid on any of our trademarked terms, including any variations or misspellings thereof, for search or content-based campaigns on advertising networks, search services, or similar services, including but not limited to Google, MSN or Yahoo.
* You may not use our trademarked terms in sequence with any other keyword (i.e. Shop Agave Social Coupons).
* You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
* You may not directly link to our website from any PPC ad or use redirects that yield the same result. Visitors must be directed to an actual page on your website.
* You may not bid in any manner appearing higher than Shop Agave Social for any search term in positions 1-5 in any auction style PPC advertising program.
Coupon Guidelines
You must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Influencer Program:

* You may only advertise coupon codes that are provided to you through the influencer Program.
* You may only display coupons in their entirety with the full offer, valid expiration date and code.
* You may not post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first-time customer to benefit from an offer for first time customers only).
* You may not use any technology or technique that conceals or obscures the coupon code such that only a Representative click will reveal the code. 
* You may not advertise coupon codes obtained from non-Representative advertising materials, email marketing materials, paid search campaigns, or any other marketing or campaign.
* You may not give the appearance that any offer requires clicking form your website in order to redeem. 
FTC Advertising Disclosure Requirements
You shall comply with all FTC guidance and regulations related to advertising disclosure requirements, which includes, but is not limited to, the following guidelines:
* Disclosures must be located as close as possible to the claims.
* Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure (e.g., the disclosure should be visible before the jump).
* Pop-up disclosures are prohibited.
Domain Names
You are prohibited from using any of Shop Agave Social trademarked terms as part of the domain or sub-domain for your website (e.g www.shopagavesocialcoupons.com or www.shopagavesocial.website.com)

Social Media
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:

* You are allowed to promote offers to your own lists. More specifically, you are welcome to use your Influencer links on your own Facebook, Twitter or any other social media pages. For example, you may post, “15% off sale at Shop Agave Social through Thursday with code ex: TGT15.”
* You are prohibited from posting your Influencer links on Shop Agave Social’s Facebook, IG, or other social media pages in an attempt to turn those links into influencer sales. 
* You are prohibited from running advertisements on our social media platforms using Shop Agave Social trademarked terms. 
Termination or Revision of the Influencer Program
Shop Agave Social reserves the right to terminate or revise the Influencer Program at any time, including by providing a change notice, a revised agreement, or revised documentation of the Influencer Program. Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
* Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
* Spamming (mass email, mass newsgroup posting, etc.).
* Advertising on sites containing or promoting illegal activities.
* Failure to disclose the Influencer relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
* Violation of intellectual property rights. Shop Agave Social reserves the right to require license agreements from those who employ trademarks of Shop Agave Social in order to protect our intellectual property rights.
* Offering rebates, coupons, or other form of promised kick-backs from your representative commission as an incentive. Adding bonuses or bundling other products with Shop Agave Social, however, is acceptable.
* Self-referrals, fraudulent transactions, suspected Representative fraud.

This list is not exhaustive and Shop Agave Social reserves the right to terminate any influencer account at any time for any reason.
Liability
Shop Agave Social will not be liable for indirect or accidental damages (loss of revenue, commissions) due to representative tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).  We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Shop Agave Social. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your affiliate account is terminated. You may terminate this agreement anytime by sending us a written email to info@shopagavesocial.com, we will review and complete the termination within 14 business days.  Initial registration fee is not refundable.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the Affiliate Program will constitute your acceptance of any change.
Indemnification
Representative shall indemnify and hold harmless Shop Agave Social and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Shop Agave Social to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Representative.
Limitation of Liability
You agree that we and our representatives, managers, officers, employees, agents, partners, and licensors will not be liable for indirect, incidental, special, consequential or exemplary damages (including, but not limited to, loss of revenue, profits, goodwill, use or data) arising in connection with this Agreement, the Influencer Program, the documentation or our website even if we have been advised of the possibility of those damages. Further, to the fullest extent possible by law, our aggregate maximum liability arising out of or in connection with this Agreement, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the total fees paid or payable to you under this Agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred. 
Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including, without limitations, reasonable legal and accounting fees, alleging or resulting from any activity arising in connection with your use of our website or that constitutes your breach of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding. 
Arbitration, Class Waiver, and Waiver of Jury Trial

You and Shop Agave Social mutually agree to resolve any justiciable disputes between you and Shop Agave Social, including disputes involving your participation as an influencer, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. 

If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail or hand delivery within the applicable statute of limitations period. Any demand for arbitration must be delivered and emailed to info@shopagavesocial.com If Shop Agave Social wishes to initiate arbitration, a demand for arbitration shall be sent to the Representative’s last known address on file. Arbitration will take place in the city in which Representative resides.

You and Shop Agave Social agree that by entering into this agreement to arbitrate, both parties waive their right to have any dispute or claim brought, heard, or arbitrated as a class or collective action and an arbitrator shall not have any authority to hear or arbitrate any class or collective action. Notwithstanding any other clause contained in this Agreement or JAMS Comprehensive Arbitration Rules (“JAMS Rules”), any claim that all or part of this Class/Collective Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The JAMS Rules may be found at https://www.jamsadr.com/rules-comprehensive-arbitration/
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of ARIZONA, without regard to conflict of law principles. To the extent that any lawsuit is permitted under this Agreement and is not adjudicated in arbitration, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state courts of ARIZONA in the United States District Court for the State of Arizona. Notwithstanding anything to the contrary in this Agreement, Shop Agave Social may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Shop Agave Social’s or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees. 
Updating the Agreement
Shop Agave Social may update the terms of this Agreement from time to time by publishing a new version on our website or by sending notice of any modifications to you by email to the email address associated with your affiliate account. By continuing to participate in the Affiliate Program following the posting of any change notice, you agree to be bound by this Agreement, as amended, by any such change notice and hereby represent and warrant that you will remain in compliance with this Agreement, as amended. 
Severability
If any provision of this Agreement is deemed by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision and that the other provisions remain in full force and effect.
Waiver
Failure by either party to enforce any provision of the Agreement shall not be deemed a waiver of such right or provision. 
Entire Agreement
This Agreement constitutes the entire agreement and understanding between you and Shop Agave Social with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations. 
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by your checkmark at checkout. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.