Quality since 1985.

a
  /  Affiliate Agreement

Affiliate Agreement

This Affiliate Agreement (“Agreement”) is made by and between Fit Firm and Fabulous(“Company”), with a principal place of business at 1282 Smallwood Dr W, PMB #227, Waldorf, Maryland 20603, and the undersigned (“Affiliate”), effective upon the date of electronic acceptance (“Effective Date”). This Agreement sets out the terms and conditions under which the Affiliate shall participate in the Company‚Äôs Affiliate Program.

  1. Acceptance and Enrollment The Affiliate wishes to become a member of the Company‚Äôs Affiliate Program. To begin the enrollment process, the Affiliate shall complete and submit an online application via the Company’s website. The Company reserves the right to accept or reject any application at its sole discretion. If an application is rejected, the Company may provide reasons for rejection and allow the Affiliate to amend the application and resubmit.
  2. Affiliate Duties and Responsibilities a. The Affiliate agrees to comply with all federal, state, and local laws as well as all regulations and guidelines of the Federal Trade Commission and other regulatory bodies. b. The Affiliate must use ethical and legal business practices, and shall not engage in any activity that could reflect negatively on the Company or its interests. c. The Affiliate shall ensure that all content on their website is appropriate, professional, and free from any form of discrimination or offensive content. d. The Affiliate shall maintain a current and operational website. The Affiliate is solely responsible for the development, operation, and maintenance of their website and for all materials that appear on their website.
  3. Company’s Rights and Obligations a. The Company agrees to monitor the Affiliate Program to ensure that the practices of the Affiliates are in compliance with the terms of this Agreement. b. The Company reserves the right to audit the Affiliate’s website and activities to ensure compliance with the terms and conditions of this Agreement and the Affiliate Program guidelines. c. The Company shall provide all necessary information and materials for the Affiliate to perform under the terms of this Agreement, unless otherwise stated.
  4. Code of Conduct a. Affiliates are required to treat each other and the Company with respect and integrity. Derogatory remarks, harassment, and any form of discrimination against other affiliates or the Company’s staff are strictly prohibited. b. Affiliates shall not engage in public disputes with other affiliates or the Company and are encouraged to resolve conflicts through the Company’s designated dispute resolution process. c. Affiliates must not disparage the Company, other affiliates, or the Company‚Äôs products or services. This includes all forms of media, online forums, and public appearances. d. The Company promotes a culture of positivity and professionalism. As such, affiliates are expected to uphold these standards in all interactions.
  5. Confidentiality Affiliates shall maintain the confidentiality of the Company’s proprietary information and shall not disclose it to any third party without the prior written consent of the Company. This obligation of confidentiality shall survive the termination or expiration of this Agreement.
  6. Data Protection Affiliates agree to comply with all applicable data protection laws regarding the collection, storage, and processing of personal data. The Affiliate is responsible for ensuring that they have the necessary consent to share any personal data with the Company.
  7. Indemnification The Affiliate agrees to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Affiliate’s participation in the Affiliate Program or breach of this Agreement.
  8. Dispute Resolution In the event of a dispute arising under or relating to this Agreement, the parties agree to attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association.
  9. Marketing and Promotional Activities Affiliates are permitted to use marketing and promotional materials provided by the Company in accordance with the guidelines set forth in the Affiliate Program. The Affiliate agrees not to create, publish, distribute, or permit any written material that makes reference to the Company without prior written consent from the Company.
  10. Term and Termination a. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. b. Upon the termination of this Agreement for any reason, all licenses granted herein shall immediately terminate and the Affiliate will cease all uses of trademarks and proprietary information pertaining to the Company.
  11. Miscellaneous a. The Affiliate shall not assign this Agreement, by operation of law or otherwise, without prior written consent from the Company. b. This Agreement shall be governed by and interpreted in accordance with the laws of the State of [Your State] without regard to the conflicts of laws and principles thereof.

By accepting this Agreement, the Affiliate acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.

  1. Prohibited Conduct a. The Affiliate is strictly prohibited from engaging in any form of malicious behavior or criminal activity, including but not limited to fraud, hacking, spreading malware, data theft, and unauthorized use of intellectual property. b. The Affiliate shall not engage in any behavior that is deemed detrimental to the reputation, operations, or business interests of the Company. This includes, but is not limited to, actions that negatively impact the Company’s customer relations, partnerships, or public image. c. The Affiliate is prohibited from using the Company‚Äôs Affiliate Program to engage in or promote illegal activities or to violate the rights of others, including privacy or intellectual property rights. d. The Company reserves the right to investigate any suspicious or inappropriate activities related to the Affiliate Program without notification to the Affiliate. Upon confirmation of such activities, the Company may terminate the Agreement immediately and pursue legal action against the Affiliate if necessary.
  2. Termination for Cause a. In addition to the general termination rights set forth in Section 10, the Company may terminate this Agreement with immediate effect, without notice, if the Affiliate is found to be engaged in any prohibited conduct as described in Section 12 or if the Affiliate is convicted of or pleads guilty to a criminal offense that affects their performance under this Agreement or harms the Company’s interests. b. Upon termination for cause, the Affiliate shall immediately cease all representations of their association with the Company and shall not be entitled to any unpaid commissions that were earned post the initiation of the conduct leading to termination.
X