This Agreement sets forth the terms and conditions (the “Terms”) governing your participation in the Affiliate Program (the “Program”) operated by NEWSTART LLC, representing the brand Emmafy (“Emmafy,” “we,” “us,” or “our”).
By applying to or participating in the Program, you expressly agree to comply with and be legally bound by these Terms.
FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF YOUR AFFILIATE ACCOUNT AND ALL RELATED PRIVILEGES, AS WELL AS FORFEITURE OF ANY UNPAID COMMISSIONS.
Emmafy reserves the right to pursue any and all claims, legal and equitable, arising from any violation of these Terms.
Emmafy retains sole and exclusive discretion over the approval, acceptance, and/or rejection of any application to join or participate in the Program.
Emmafy reserves the right to modify these Terms at any time, with or without notice. Your continued participation in the Program following any change constitutes your agreement to be bound by such modifications.
Upon acceptance into the Program, Emmafy will provide you with a unique Affiliate Link. You are permitted to maintain only one (1) Affiliate Link.
Using multiple Affiliate Links or attempting to self-refer constitutes grounds for immediate termination and forfeiture of all unpaid commissions.
You may earn a twenty percent (20%) commission (“Commission”) on the Net Revenue received by Emmafy for each Qualifying Purchase made through your Affiliate Link.
Net Revenue means the amount actually paid by the customer for the products purchased, excluding:
Commissions shall not be earned on purchases made using employee discounts, wholesale pricing, or any promotional codes not expressly approved by Emmafy for commission eligibility.
Commissions will become eligible for payment 30 days after the date of sale, provided the corresponding order has not been refunded, canceled, or disputed.
Emmafy reserves the right to audit and adjust commissions if any errors, fraudulent activity, or ineligible transactions are discovered, regardless of when such discrepancies are identified.
Emmafy reserves the right to request, and you agree to provide upon request, valid government-issued identification and any additional information reasonably required to verify your identity and eligibility prior to the release of any commission payments.
Payouts are processed once your approved commission balance reaches a minimum of $100 USD. Balances below this threshold will remain pending until the threshold is met.
Emmafy will pay commissions in accordance with its then-applicable payment policies and reserves the right to modify such policies at its sole discretion.
You are solely responsible for providing and maintaining accurate payment information. Emmafy is not liable for payment delays resulting from outdated or incorrect payment details.
You may promote your Affiliate Link through personal channels, including:
All promotions must comply with applicable laws, including FTC disclosure requirements, and these Terms.
Prohibited conduct includes, but is not limited to:
Emmafy reserves the right to retroactively apply any policy updates or clarifications regarding prohibited practices if such practices are determined in Emmafy’s sole discretion to be inconsistent with the spirit of the Program.
Violation of this Section will result in immediate termination and forfeiture of all unpaid commissions.
You represent and warrant that:
(a) You have the legal authority to enter into this Agreement.
(b) Your participation will not violate any applicable laws or agreements with third parties.
(c) You will not infringe any intellectual property, privacy, publicity, or proprietary rights of any third party.
(d) Your promotional materials will not be defamatory, obscene, harassing, hateful, or otherwise objectionable or misleading.
(e) You agree to comply with all applicable advertising, marketing, and disclosure laws and regulations, including, without limitation, the Federal Trade Commission (FTC) Endorsement Guides. You shall be solely responsible for ensuring that all marketing and promotional content includes clear and conspicuous disclosures of your affiliate relationship with Emmafy.
This Agreement commences upon acceptance of your application and remains in effect until terminated by either party.
Emmafy may terminate your participation at any time, immediately and without notice, with or without cause.
Upon termination, Emmafy will provide a final report detailing any commissions earned as of the termination date. Commissions forfeited due to violations of these Terms will not be paid.
At all times during your participation and thereafter, you agree to hold in strict confidence and not disclose, use, or publish any Proprietary Information belonging to Emmafy without prior written authorization.
Proprietary Information includes any non-public, confidential, or trade secret information about Emmafy’s products, marketing plans, business operations, or other business affairs.
The obligations under this Section G shall survive the termination of this Agreement indefinitely.
This obligation does not apply to information that:
(i) Becomes publicly available through no fault of your own;
(ii) Is lawfully obtained without restriction from a third party; or
(iii) Is independently developed without reference to Emmafy’s confidential information.
You agree to indemnify, defend, and hold harmless Emmafy, its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Emmafy reserves the right to participate in the defense of any indemnified claim at its expense.
You may not issue any press release or public statement referring to your participation in the Program without Emmafy’s prior written consent.
You agree not to criticize, disparage, or otherwise make negative statements, whether orally or in writing, about Emmafy, its products, business practices, employees, or affiliates.
Independent Contractor. You acknowledge that you are participating as an independent contractor. Nothing in this Agreement shall be construed as creating any partnership, joint venture, employment, or agency relationship. You will not receive company-sponsored benefits and are responsible for your own taxes.
Non-Solicitation. You agree not to solicit or attempt to solicit for employment any employee, contractor, or consultant of Emmafy during the term of this Agreement and for twelve (12) months thereafter.
Assignment. You may not assign any rights or obligations under this Agreement without Emmafy’s prior written consent. Emmafy may assign this Agreement to an affiliate or successor without your consent.
Limitation of Liability. In no event shall Emmafy be liable to you for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages. Emmafy’s total liability shall not exceed the total commissions paid or payable to you under this Agreement.
Governing Law and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. Any dispute shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Albuquerque, New Mexico.
Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Failure to enforce any provision will not constitute a waiver of future enforcement of that provision or any other provision.
Entire Agreement. These Terms constitute the entire agreement governing your participation in the Program and supersede any prior agreements or understandings.
Knowing and Voluntary Agreement. By applying and participating, you acknowledge that:
