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Affiliate Agreement

This Affiliate Agreement ("Agreement") is entered into by and between Wellness Writer LLC ("Company," "we," or "us") and the individual or entity submitting an application to participate in the Company’s affiliate program ("Affiliate," "you," or "your").

The Company operates an Affiliate Program that allows approved participants to promote its products and services in exchange for a commission on qualifying sales. This Agreement governs your participation in the Affiliate Program and applies to all promotional activities conducted under it, except where otherwise modified by a separate written agreement for specific campaigns or products.

By submitting an application to join or by participating in the Affiliate Program, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and any applicable campaign-specific terms provided by the Company.


Application & Acceptance

To participate in the Affiliate Program, you must complete and submit an Affiliate Application (“Application”) with accurate, complete, and current information. You must provide your true identity, contact details, business information, and payment or tax documentation as requested. You may not use any alias, pseudonym, DBA, or other means to conceal your identity or business operations.

The Company will review your Application and may accept or reject it at its sole discretion, for any or no reason. Acceptance into the Affiliate Program may be revoked at any time, with or without cause or prior notice.

The Company relies on the accuracy of your Application. Any false, incomplete, or misleading information shall result in immediate termination of your participation and forfeiture of any unpaid commissions. Affiliate must promptly notify the Company of any changes to their contact, business, or payment information to maintain eligibility.

The Company reserves the right to request verification of identity, tax information, or business registration at any time. Failure to provide such verification may result in suspension or termination.

Upon acceptance, the Company will notify you via email or through the affiliate platform dashboard, including instructions for accessing your Affiliate Links and promotional materials.

Commissions

The Company will pay Affiliate a fee (a “Commission”) for each qualifying sale that is properly tracked through the Affiliate’s unique tracking link (“Affiliate Link”). Commission calculations are based solely on the Company’s internal tracking systems, and such determinations shall be final and binding. The Company reserves the right, in its sole discretion, to establish or modify commission rates, payment structures, payout dates, qualifying products, promotional codes, or campaigns; to offer different commission rates, bonuses, or incentives to specific affiliates, tiers, or groups of affiliates based on factors such as performance, audience reach, conversion rates, or promotional alignment; and to modify or discontinue any commission program or campaign at any time, with or without prior notice.

Differences in commission rates or promotional opportunities are determined by legitimate business considerations such as volume, reach, alignment with brand values, historical performance, or promotional strategy, and shall not be based on race, color, religion, national origin, sex, gender identity, age, disability, or any other characteristic protected by law. Commissions will only be paid for sales that are processed successfully, not refunded or charged back, and that remain valid after the applicable refund period has expired. The Company may suspend or withhold commissions at any time pending investigation of suspected fraud, policy violations, or system errors. Unless otherwise stated, commissions will be paid by the fifth (5th) business day of the following month for the prior month’s valid transactions. 

Right To Chargeback, Offset, and Holdback

Affiliate agrees that the Company shall have the right to charge back, offset, or adjust any previously paid or accrued commissions that are not commissionable under this Agreement. This includes, but is not limited to, refunds, chargebacks, cancellations, or disputes related to sales attributed to the Affiliate. The Company may hold back up to fifty percent (50%) of commissions for up to ninety (90) days to cover potential chargebacks or disputes. The Company may, in its sole discretion, increase the holdback percentage or extend the holdback period if chargebacks or disputes exceed acceptable thresholds or if other risks or irregularities are detected. Affiliate expressly acknowledges that all commission calculations, attributions, and adjustments are determined solely by the Company’s tracking systems, and such determinations are final and binding.

Taxes and Payment Gateways

Affiliate shall not be eligible to receive any payments from the Company until Affiliate has submitted all required tax forms and valid payment details. Affiliate shall be responsible for providing and maintaining accurate tax and payment information. Affiliate is solely responsible for all federal, state, and local taxes arising from commissions earned under this Agreement. The Company will not withhold taxes unless legally required to do so. Payments will be made via PayPal or any other payment method designated by the Company. The Company reserves the right to change its payment processor, payment method, or payment schedule at any time without notice. The Company shall not be responsible for delayed or failed payments due to inaccurate or outdated payment information provided by the Affiliate.

Representations and Warranties

Company Representations and Warranties. The Company represents and warrants that:
 (a) it is duly organized and authorized to enter into and perform this Agreement;
 (b) it owns or lawfully licenses the products, materials, and intellectual property made available to Affiliates under the Affiliate Program;
 (c) it intends to comply with all applicable laws and regulations in connection with the operation of its business; and
 (d) it makes no express or implied representations, warranties, or guarantees regarding the Affiliate Program, Affiliate’s potential earnings, or any outcomes from participation, except as expressly stated in this Agreement.

Affiliate Representations and Warranties. Affiliate represents, warrants, and covenants that:
 (a) Affiliate has read and fully understands the terms of this Agreement and agrees to be bound by them;
 (b) this Agreement constitutes a legal, valid, and binding obligation enforceable against Affiliate;
 (c) all information provided in the Application and during participation in the Affiliate Program is true, complete, and current, and Affiliate will promptly update the Company of any changes;
 (d) Affiliate will comply with all applicable laws, rules, and regulations, including without limitation:

  • the Federal Trade Commission’s Endorsement and Testimonial Guidelines,
  • CAN-SPAM, CASL, and any similar anti-spam laws,
  • the General Data Protection Regulation (GDPR), UK GDPR, and the California Consumer Privacy Act (CCPA),
  • any other privacy, data protection, or marketing regulations applicable to Affiliate’s jurisdiction or audience;
    (e) Affiliate will not make any false, misleading, or unsubstantiated claims about the Company’s products or services;
    (f) Affiliate will not engage in any unfair, deceptive, unethical, or illegal business practices or otherwise harm the reputation or goodwill of the Company;
    (g) Affiliate will not use the Company’s name, trademarks, or copyrighted materials except as expressly permitted under this Agreement; and
    (h) Affiliate’s participation in the Affiliate Program does not and will not violate any agreement or obligation to any third party, including other marketing or partnership arrangements.

Disclaimer of Implied Warranties. Except as expressly stated herein, the Company disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Affiliate acknowledges that participation in the Affiliate Program is at Affiliate’s sole risk and discretion.

Promotional Materials, Limited License, and Intellectual Property

From time to time, the Company may make available certain creative assets, copy, images, videos, templates, trademarks, logos, or other branded materials for use in connection with the Affiliate Program (“Promotional Materials”). All Promotional Materials remain the exclusive property of the Company.

Subject to the terms of this Agreement, the Company grants Affiliate a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use the Promotional Materials solely for the purpose of lawfully promoting the Company’s products and services and linking to the Company’s website during the term of this Agreement.

Affiliate shall use Promotional Materials only in their unaltered form and strictly in accordance with any brand or usage guidelines provided by the Company. Affiliate shall not modify, adapt, alter, crop, edit, distort, or create derivative works from the Promotional Materials, nor use them in any way that may dilute, tarnish, or damage the reputation or goodwill of the Company. All goodwill arising from Affiliate’s use of the Promotional Materials shall inure solely to the benefit of the Company.

Affiliate may not use the Company’s name, trademarks, or any similar marks (including variations, misspellings, or domain names incorporating the marks) in any business name, social media handle, ad keyword, URL, or other identifier without prior written consent. Affiliate shall not suggest or imply any partnership, sponsorship, or endorsement by the Company beyond the limited affiliate relationship expressly authorized by this Agreement.

The Company reserves the right, in its sole discretion, to monitor Affiliate’s use of Promotional Materials and to revoke, replace, or modify any license or approved content at any time. Upon termination of this Agreement or upon notice from the Company, Affiliate must immediately cease using all Promotional Materials and remove any related content, links, or assets from public view.

Acceptable And Non-Acceptable Marketing Practices

Affiliate shall at all times conduct marketing, advertising, and promotional activities in a professional and compliant manner consistent with the Company’s brand image and applicable law. Affiliate shall maintain and make publicly available a privacy policy that complies with all applicable data protection and privacy laws, including but not limited to the GDPR, UK GDPR, and CCPA, disclosing Affiliate’s collection, use, and sharing of user information and any relationship with the Company.

Affiliate shall not engage in or permit any marketing practice that, in the Company’s sole discretion, could harm its reputation, goodwill, or brand. Prohibited activities include but are not limited to:
 (a) engaging in false, misleading, or deceptive advertising;
 (b) using spam, unsolicited messages, or unauthorized paid advertising;
 (c) promoting the Company’s products in connection with any illegal activity or on any website that promotes violence, discrimination, hate speech, harassment, obscenity, or other content deemed objectionable by the Company;
 (d) making unsubstantiated earnings, performance, or health claims;
 (e) infringing or misusing any third-party intellectual property, publicity, or privacy rights; or
 (f) otherwise acting in a way that violates this Agreement or applicable laws.

Affiliate shall not make any statements, representations, or guarantees regarding the Company’s products or services other than those expressly authorized by the Company or as appear on the Company’s official website. The Company retains sole discretion to determine whether Affiliate’s marketing practices or content violate this Agreement and may suspend or terminate Affiliate’s participation immediately upon such determination.


Term and Termination

This Agreement shall commence upon the date the Company notifies Affiliate of acceptance into the Affiliate Program and shall continue until terminated as provided herein.

The Company may suspend or terminate Affiliate’s participation in the Affiliate Program, in whole or in part, at any time, with or without cause, and with or without prior notice, in its sole discretion. Grounds for suspension or termination include, but are not limited to: violation of this Agreement or any applicable law, misrepresentation of the Company or its products, failure to comply with brand or disclosure guidelines, unethical or deceptive conduct, inactivity, or any act deemed by the Company to harm its reputation or the integrity of the Affiliate Program.

In the event of suspension or termination, the Company may immediately disable or deactivate Affiliate’s tracking URLs, links, cookies, pixels, promotional codes, or other access to the Affiliate Program. The Company may also withhold payment of any commissions pending investigation of potential violations. If a violation is confirmed, Affiliate forfeits any unpaid or unapproved commissions, which shall be deemed void and non-payable.

Affiliate may terminate this Agreement at any time by providing written notice to the Company.

Upon termination, Affiliate shall immediately cease all use of the Company’s Promotional Materials, trademarks, and intellectual property, remove all Affiliate Links, and delete all copies of such materials in its possession. Affiliate shall not hold itself out as an affiliate or representative of the Company thereafter.

Affiliate shall be entitled only to validly accrued commissions earned in accordance with this Agreement prior to the date of termination, provided no breach, dispute, or chargeback investigation is pending. All licenses and rights granted to Affiliate under this Agreement automatically terminate upon termination or suspension.

Termination shall be without prejudice to any other rights or remedies available to the Company under this Agreement or applicable law.


Nature of The Relationship

The parties are independent contractors. Nothing in this Agreement shall be construed to create any partnership, joint venture, employment, or agency relationship between the parties. Affiliate is solely responsible for all taxes, insurance, and other obligations arising from its business activities. Affiliate shall have no authority to bind or represent the Company in any manner, and no employee benefits or rights available to the Company’s employees shall apply to the Affiliate.
Disclaimers

THE AFFILIATE PROGRAM, ANY PROMOTIONAL MATERIAL, AND THE PRODUCTS AND SERVICES PROVIDED ON CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS.”

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL WARRANTIES, EXPRESS IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

THE COMPANY DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR PROMOTIONAL MATERIALS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE MATERIALS ARE ERROR FREE OR UNINTERRUPTED.

THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER NOT UNDER THE CONTROL OF THE COMPANY, AND THEIR PRODUCTS AND SERVICES.

AFFILIATE EXPRESSLY AGREES AND UNDERSTANDS THAT THE COMPANY HAS NOT MADE ANY GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS AND ATTESTS THAT NO SUCH REPRESENTATIONS OR CLAIMS HAVE BEEN MADE.

Limitation of Liability

YOU AGREE TO ABSOLVE AND DO HEREBY ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF PARTICIPATION IN THE AFFILIATE PROGRAM AND/OR ANY INFORMATION AND RESOURCES CONTAINED IN THE AFFILIATE PROGRAM. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR PARTICIPATION IN THE AFFILIATE PROGRAM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AFFILIATE PROGRAM, WITH THE DELAY OR INABILITY TO USE THE AFFILIATE PROGRAM OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE AFFILIATE PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE AFFILIATE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE AFFILIATE PROGRAM OR ANY PORTION OF IT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.

Dispute Resolution, Arbitration, & Waiver of Class Action

​Before initiating any arbitration or legal proceeding, the parties agree to first attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to this Agreement (“Dispute”) through informal discussions. If the Dispute cannot be resolved through good faith negotiation within thirty (30) days of written notice by either party, it shall be resolved exclusively through binding arbitration as set forth below.

Any Dispute shall be finally resolved by binding arbitration administered by an arbitration organization selected by the Company (such as the American Arbitration Association, JAMS, or a comparable provider) under its applicable commercial arbitration rules, as modified by this Agreement. Arbitration shall take place in Westminster, Colorado, or another location designated by the Company, unless the parties mutually agree otherwise in writing.

The arbitration shall be conducted by a single neutral arbitrator. The arbitrator shall have exclusive authority to determine all issues of arbitrability, jurisdiction, and the interpretation, applicability, or enforceability of this Agreement, including this arbitration provision. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Affiliate hereby waives any right to bring or participate in a class, collective, consolidated, or representative action against the Company. All claims shall be brought on an individual basis only. The parties expressly waive any right to a jury trial and any right to assert claims in any court other than arbitration as specified herein.

To the fullest extent permitted by law, Affiliate shall bear its own arbitration costs and fees. The Company may, at its sole discretion, advance or reimburse arbitration filing fees where required by law. The Company reserves the right to change the designated arbitration provider at any time by written notice to Affiliate, provided that such provider offers a commercially reasonable arbitration process.

Affiliate expressly waives any defense of forum non conveniens or objection to venue or jurisdiction for purposes of arbitration or enforcement of any award. Notwithstanding the foregoing, the Company may seek injunctive or equitable relief in any court of competent jurisdiction to prevent or stop actual or threatened misuse, infringement, or misappropriation of its intellectual property or confidential information. .

Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. The arbitration and all related proceedings shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Affiliate’s breach of any provision of this Agreement, including the representations and warranties, (b) any misuse, fraud, or deceptive conduct by Affiliate or any of its agents in connection with the Affiliate Program, and (c) any claims related to any promotional media created by Affiliate (excluding claims related to any Promotional Material provided by the Company).

The Company hereby agrees to indemnify, defend, and hold harmless Affiliate, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that the Company does not have the right to provide the Promotional Material or that the Promotional Materials violate a third-party’s rights.

Modification

The Company may modify this Agreement at any time by providing Affiliate with notification of the proposed changes by email at Affiliate’s email address, but any such changes will not alter the Company’s obligation to Affiliate with respect to any previously-earned commissions. Any such changes shall become effective ten (10) business days after such notice.

If the proposed modifications are unacceptable to you, you may terminate this agreement pursuant to the Termination clause above. Continued participation in the program shall constitute your acceptance of and agreement to the modification to this Agreement.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or deemed in breach of this Agreement for any failure or delay in performing its obligations hereunder if such failure or delay is caused by or results from events or circumstances beyond the Company’s reasonable control, whether foreseeable or unforeseeable. Such events include, without limitation: acts of God; natural disasters; epidemics or pandemics; acts of war, terrorism, or civil unrest; governmental actions, regulations, embargoes, or sanctions; labor disputes or shortages; supply chain disruptions; telecommunications or internet service interruptions; power outages; data breaches or cybersecurity incidents; failure of hosting, payment, or technology platforms; or any other circumstance making performance commercially impracticable.

In the event of a Force Majeure event, the Company’s obligations shall be suspended for the duration of the delay, and the Company may, at its sole discretion, modify, reschedule, or cancel any affected obligations, programs, or payments without liability to Affiliate. The Company shall use reasonable efforts to resume performance as soon as practicable, but failure to perform due to a continuing Force Majeure event shall not constitute a default or give rise to damages.

If the Force Majeure event continues for more than sixty (60) consecutive days, the Company may terminate this Agreement immediately by written notice, without further obligation other than payment of validly accrued commissions earned prior to the Force Majeure event.

Entire Agreement​

This Agreement constitutes the entire agreement between You and the Company with respect to the Affiliate Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Affiliate Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact
[email protected]

Updated November 2, 2025

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