Affiliate Agreement

This Affiliate Agreement (“Agreement”) is provided by SmokeUpMargate (“Company”). Our primary website is located at the address listed above. This Agreement outlines the affiliate relationship between you and the Company. Please read this document carefully, and consult a lawyer if needed, as it is important to our working relationship.

1) DEFINITIONS

  • Company, Us, We: Refers to SmokeUpMargate, including all employees or legal agents.
  • You, the Affiliate: Refers to the individual or entity applying to the Affiliate Program.
  • Parties: Refers to both the Company and You collectively.
  • Affiliate Program: The program outlined in this Agreement.
  • Affiliate Application: The form you must submit for consideration to join the Affiliate Program.
  • Website: The primary website referred to above.

2) ASSENT & ACCEPTANCE

By submitting an application to our Affiliate Program, you agree to be bound by this Agreement. If you do not agree, please leave the website and do not apply to our Affiliate Program. This Agreement includes any Terms of Service, Privacy Policies, or other legal documents on our website.

3) AGE RESTRICTION

You must be at least 21 years old to join our Affiliate Program or use this Website. By applying, you confirm you are at least 21 years old and legally able to agree to this Agreement. The Company is not responsible for any misrepresentation of your age.

4) PROGRAM SIGN-UP

To join our Affiliate Program, you must submit an Affiliate Application available at our website. Acceptance into the program is at the sole discretion of the Company. If your application is rejected, you may not reapply.

5) NON-EXCLUSIVITY

This Agreement does not create an exclusive relationship between you and the Company. You may work with other affiliate program providers, and the Company may work with any individual or company of its choosing.

6) AFFILIATE PROGRAM

Upon acceptance into the Affiliate Program, you must ensure your account is set up properly, including providing payout information. You will receive a specific link (“Link”) to promote our products. You agree to use the Link as directed and prominently display it on your website or social media.

For every Qualified Purchase through your Link, you will earn a 30% commission. The Company reserves the right to adjust your commission if fraudulent or deceptive practices are detected.

7) SPECIFIC TERMS APPLICABLE

The Company will determine the eligibility of payouts. Qualified Purchases must meet specific criteria outlined in this Agreement. The Company is responsible for order processing and fulfillment.

8) PAYOUT INFORMATION

Payouts are only available when the Company has your current address and tax documentation. The Company uses PayPal, Direct Deposit, or Wire (fees may apply) for payouts, which are subject to a $100 minimum threshold. Payout disputes must be filed within 30 days of receipt.

9) REPORTS

You can review reports related to your account, such as payout and Qualified Purchase information, by logging into your account.

10) TERM, TERMINATION & SUSPENSION

This Agreement begins when you are accepted into the Affiliate Program and can be terminated by either Party at any time. Termination may result in the forfeiture of any unclaimed payouts if you violate the Agreement.

11) INTELLECTUAL PROPERTY

The Company grants you a non-exclusive, non-transferable, revocable license to use its intellectual property (IP) solely to promote the Affiliate Program. Unauthorized use of the Company’s IP is prohibited and may result in termination of this Agreement and legal action.

12) MODIFICATION & VARIATION

The Company may modify this Agreement at any time. Modifications are effective immediately upon posting on the Website. You are responsible for regularly reviewing this Agreement.

13) RELATIONSHIP OF THE PARTIES

This Agreement does not create any partnership, joint venture, or employment relationship. You are an independent contractor of the Company.

14) ACCEPTABLE USE

You agree not to use the Affiliate Program for any unlawful purpose or in any way that could harm the Company or its products and services. Prohibited activities include, but are not limited to, harassment, fraud, and distributing illegal material.

15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE

You are responsible for maintaining the Affiliate Site and ensuring compliance with all applicable laws, including FTC guidelines. You must post a notice on your website disclosing your participation in the Affiliate Program.

16) REVERSE ENGINEERING & SECURITY

You agree not to reverse engineer any of the Company’s websites or services or violate their security.

17) DATA LOSS

The Company is not responsible for the security of your account or content.

18) INDEMNIFICATION

You agree to defend and indemnify the Company against any legal claims arising from your use or misuse of the Affiliate Program.

19) SPAM POLICY

Using the Affiliate Program for illegal spam activities is strictly prohibited.

20) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties regarding the Affiliate Program.

21) SERVICE INTERRUPTIONS

The Company may interrupt your access to the Affiliate Program for maintenance or emergency services without liability for any resulting damage or loss.

22) NO WARRANTIES

The Company provides the Affiliate Program on an “As Is” basis without any warranties, express or implied.

23) LIMITATION ON LIABILITY

The Company’s liability is limited to $100, and the Company is not liable for any damages resulting from your participation in the Affiliate Program.

24) GENERAL PROVISIONS

  • Language: All communications shall be in English.
  • Jurisdiction & Venue: Any disputes will be governed by Florida law and resolved in Miami Dade, Florida.
  • Arbitration: Disputes will be resolved through binding arbitration in Miami Dade, except for intellectual property claims, which may be litigated.
  • Assignment: This Agreement may not be transferred by you without the Company’s consent.
  • Severability: If any part of this Agreement is invalid, the rest remains in force.
  • No Waiver: Failure to enforce any part of this Agreement does not constitute a waiver.
  • Headings: Headings are for convenience only and do not affect the meaning of the Agreement.
  • Force Majeure: The Company is not liable for failures to perform due to causes beyond its reasonable control.