AFFILIATE TERMS AND CONDITIONS

Effective Date

January 14, 2025

Welcome

Welcome to the IQ Performance Health LLC Affiliate Program (the "Program"). By signing up as an affiliate, you agree to abide by these terms and conditions (the "Agreement"). Please read them carefully before participating in the Program. If you do not agree with these terms, you may not participate in the Program.

1. Definitions

Affiliate: An individual or entity approved by IQ Performance Health LLC ("we"; "us", or "our") to promote our products or services and earn commissions in accordance with this Agreement.

Affiliate Link: A unique hyperlink provided to the Affiliate to track referrals and sales.

Customer: A person or entity who completes a purchase of IQ Performance Health LLC products or services through the Affiliate Link.

Commissions: Payments made to the Affiliate based on qualifying sales generated through their Affiliate Link.

2. Affiliate Responsibilities

1. Marketing Practices: Affiliates agree to market IQ Performance Health LLC products and services honestly, ethically, and in compliance with all applicable laws and regulations.

2. Content Approval: Affiliates must ensure that all marketing materials (e.g., advertisements, blog posts, social media posts) are accurate and not misleading. We reserve the right to request changes or remove materials that do not meet our standards.

3. Prohibited Activities: Affiliates may not:

Engage in fraudulent, deceptive, or misleading marketing practices.
Claim to assess, treat, or cure disease, or otherwise imply any medical benefit.
Use spam, unsolicited emails, or unauthorized messaging to promote products.
Misrepresent their relationship with IQ Performance Health LLC.
Bid on IQ Performance Health LLC-branded keywords or domains in search engine advertising.
Promote through websites or platforms that contain offensive, illegal, or objectionable content.

4. Compliance: Affiliates are responsible for complying with all applicable tax laws and regulations. Affiliates must disclose their affiliate relationship in compliance with FTC guidelines and any other relevant advertising standards.

3. Commissions

1. Eligibility: Commissions are earned on completed sales made through the Affiliate Link, excluding refunds, chargebacks, or fraudulent transactions.

2. Rates: The commission rate will be communicated to the Affiliate upon approval into the Program. IQ Performance Health LLC reserves the right to change the commission structure with 14 days prior notice.

3. Payment Terms: Commissions are paid monthly, provided the Affiliate’s account reaches the minimum threshold of 1 sale. Payments will be made via PayPal or bank transfer.

4. Tracking: We use cookies and tracking systems to attribute sales to the Affiliate. Cookies are not permanent or foolproof, so affiliates are encouraged to manually track their sales as a failsafe and corroborate said sales with IQ Performance Health LLC staff. IQ Performance Health LLC is not responsible for tracking failures due to customer actions or third-party interference.

4. Termination

1. Termination by Affiliate: Affiliates may terminate their participation in the Program at any time by providing written notice to IQ Performance Health LLC.

2. Termination by IQ Performance Health LLC: We reserve the right to terminate an Affiliate’s participation in the Program at any time, with or without cause, including but not limited to breaches of this Agreement.

3. Effect of Termination: Upon termination, the Affiliate will no longer earn commissions, and any unpaid commissions below the minimum payout threshold will be forfeited.

5. Confidentiality

1. Affiliates: agree to keep all confidential information about IQ Performance Health LLC and the Program private and not disclose it to third parties without prior written consent from IQ Performance Health LLC.

2. Confidential: information includes, but is not limited to, business strategies, commission structures, proprietary technology, and customer data.

3. Unapproved: disclosure of intellectual property of IQ Performance Health LLC may be subject to financial penalties or litigation.

6. Independent Contractor Relationship

1. Affiliates are independent contractors and not employees, agents, or partners of IQ Performance Health LLC. This Agreement does not create any joint venture, partnership, or agency relationship.

2. Affiliates are solely responsible for their own business expenses, tax obligations, and legal compliance.

7. Intellectual Property

1. IQ Performance Health LLC grants Affiliates a limited, non-exclusive, revocable license to use approved trademarks, logos, and marketing materials solely for promoting the Program.

2. Affiliates may not modify, copy, or create derivative works of IQ Performance Health LLC’s intellectual property without express written consent.

Our services are provided 'as is' and without any warranties, express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

IQ Performance Health LLC is not liable for any indirect, special, or consequential damages arising out of participation in the Program. Our liability for direct damages is limited to the amount of commissions earned by the Affiliate in the preceding three months.

9. Amendments

IQ Performance Health LLC reserves the right to amend this Agreement at any time. Affiliates will be notified of significant changes via email or through the Affiliate Portal. Continued participation in the Program constitutes acceptance of the amended terms.

10. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Washington, without regard to its conflict of law principles. Any disputes arising under this Agreement will be resolved through binding arbitration in Ellensburg, Washington.

11. Entire Agreement

This Agreement constitutes the entire understanding between IQ Performance Health LLC and the Affiliate regarding the Program and supersedes any prior agreements or understandings.