Sunlighten Partner Agreement
This Agreement contains the terms and conditions that apply to an individual or entity’s participation in the Sunlighten Partner Program. As used in this Agreement, "we" means Sunlighten, and "you" means the Partner. “Site” refers to an Internet website. By executing this Agreement, you agree to be bound by the terms of this Agreement. Sunlighten reserves the right to accept or reject any company requesting to be part of our Partner Program.
As a participant in the Sunlighten Partner Program, you agree to promote Sunlighten infrared saunas to your audience through your website, direct referrals and other marketing and promotional efforts. We have the option to utilize marketing assets, customer testimonials, and other promotional product information with the leads generated from our partnership.
We grant you a limited, non-exclusive, revocable, non-transferable license to use our various Sunlighten trademarks and marketing materials (“intellectual property”) for the limited purpose of generating sales and identifying your site as participating in our Partner Program. We reserve all rights to our intellectual property. Any goodwill arising from the use of our intellectual property hereunder will belong to Sunlighten.
You and we agree to sign each other’s confidentiality agreements to protect respective proprietary information, if requested.
1. You will be compensated for any new lead that results in the sale of any Sunlighten cabin or portable sauna, less shipping fees. Any future sales are excluded.
2. Referral payments are made in the month following sauna shipment.
3. Sunlighten will be compensated for any order cancellations from a Partner lead by offsetting your future payments.
Promo code(s) and/or a dedicated URL will be used to identify leads from you. If no code is tracked or mentioned by the lead you will not be compensated.
Either party may terminate this Agreement at any time upon written notification to the other party with 30 days’ notice. Upon termination, all sums owed by either party to the other shall become due immediately upon termination of this Agreement. We may hold your final payment for a reasonable time to ensure the correct amount is paid. If this Agreement is terminated, you must immediately cease use of, and remove from your site all of Sunlighten intellectual property and all other materials provided by or on behalf of Sunlighten to you in connection with our Partner Program.
We reserve the right to modify any of the terms and conditions of this Agreement at any time by providing you a written change notice or new agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our Partner Program following our providing you a change or new agreement will constitute acceptance of the change.
Federal Trade Commission Disclosures: In accordance with the Federal Trade Commission’s (“FTC”) disclosure guidelines, each of your activities and/or endorsements must clearly, obviously, and unambiguously disclose your material connection with Sunlighten. Sunlighten expects you to abide and comply with the FTC’s Endorsement Guides and disclosure obligations throughout the course of your engagement with Sunlighten.
Limitations of Liability: We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or our Partner Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Partner Program will not exceed the total commissions paid or payable to you under this Agreement.
Disclaimers: We make no express or implied warranties or representations with respect to our Partner Program or any Products sold through our Partner Program. We make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Contractors: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Sunlighten. As independent contractors, we take no withholdings from your compensation, and each party shall be responsible for their own taxes, assessments, fees, permits, and licenses as required by law. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Sunlighten.
Governing Laws: This Agreement will be governed by the laws of the United States and the State of Kansas. Any action relating to this Agreement must be brought in the federal or state courts located in Kansas City, Kansas, and you consent irrevocably to the jurisdiction of such courts.
Exclusivity: It is prohibited for you to post, promote and/or be affiliated with any other business and/or advertiser that sells, manufacturers, and/or promotes infrared saunas.
Expiration: This agreement will expire one (1) year from the date of your signature. You will have the opportunity to renew each year thereafter, but we require new agreements each year.