DeFeet International Affiliate Program

Terms and Conditions

Effective Date: August 27,

These Affiliate Program Terms and Conditions ("Agreement") constitute a legally binding agreement between DeFeet International, Inc., a North Carolina company with its principal place of business at 371 I-40 Access Road, Hildebran, NC, USA ("DeFeet," "Company," "we," "us," or "our"), and the individual or entity applying to participate in the DeFeet Affiliate Program ("Affiliate," "you," or "your"). By submitting an application to the DeFeet Affiliate Program (the "Program") or by participating in the Program, you agree to be bound by this Agreement. If you do not agree to these terms, do not apply for or participate in the Program.

1. Program Overview

The Program allows approved Affiliates to promote DeFeet products sold through the Company's website(s) (each, the "Site") in exchange for a commission on qualifying sales generated through the Affiliate's unique tracking links. DeFeet reserves the right to modify, suspend, or discontinue the Program, in whole or in part, at any time and for any reason, with or without notice.

2. Eligibility and Application

2.1 To participate in the Program, you must submit a complete application through the Company's designated affiliate application process and be approved by DeFeet in its sole discretion.

2.2 DeFeet reserves the right to reject any application, or to suspend or terminate any Affiliate's participation, for any reason, including but not limited to concerns about the applicant's website content, marketing methods, brand fit, or prior conduct.

2.3 You must be at least 18 years of age and legally capable of entering into a binding contract to participate in the Program.

2.4 Employees, contractors, and immediate family members of DeFeet employees are not eligible to participate unless expressly approved in writing by DeFeet.

3. Affiliate Links and Tracking

3.1 Upon approval, DeFeet will provide you with unique tracking links, banners, and/or promotional codes ("Affiliate Links") to use in promoting DeFeet products. Affiliate activity is tracked, and commissions are calculated and reported, through Refersion, DeFeet's designated affiliate management platform (the "Platform"). By participating in the Program, you agree to create and maintain an account on the Platform and to comply with the Platform's applicable terms of use.

3.2 Sales are tracked using cookies or similar tracking technology placed when a customer clicks on your Affiliate Link. Qualifying purchases made within ninety (90) days of the customer's click on your Affiliate Link ("Attribution Window") will be credited to your account, subject to the terms of this Agreement.

3.3 DeFeet is not responsible for tracking failures caused by a customer's browser settings, ad blockers, cleared cookies, use of multiple devices, or other technical issues outside DeFeet's reasonable control. Refersion's tracking records shall be the sole and final basis for determining whether a sale qualifies for commission.

3.4 You may not alter, disable, or manipulate any tracking code, cookie, or Affiliate Link provided by DeFeet.

4. Commissions

4.1 Commission Rate. DeFeet will pay Affiliates a commission of [10]% of the Net Sale Amount (as defined below) for each qualifying sale generated through the Affiliate's Affiliate Link during the Attribution Window. DeFeet may update the commission rate prospectively by providing notice to Affiliates; changes will not apply retroactively to sales already tracked.

4.2 Net Sale Amount. "Net Sale Amount" means the total purchase price paid by the customer for qualifying products, excluding taxes, shipping and handling fees, gift wrapping, and any discounts, credits, or promotional codes applied to the order.

4.3 Excluded Transactions. No commission is payable on:

orders that are cancelled, returned, refunded, or charged back;

purchases made by the Affiliate for the Affiliate's own use ("self-referrals"), unless expressly permitted in writing by DeFeet;

orders placed using fraudulent, stolen, or unauthorized payment methods;

orders resulting from prohibited marketing activities described in Section 6; and

gift cards, unless and until redeemed for qualifying products.

4.4 DeFeet reserves the right to withhold, reverse, or deduct commissions associated with any transaction later determined to be invalid, fraudulent, or in violation of this Agreement.

5. Payment Terms

5.1 Commissions are calculated and paid on a monthly basis, approximately thirty (30) days following the close of each calendar month, for commissions that have cleared any applicable return/refund holding period.

5.2 A minimum balance of $20.00 USD must accrue in your account before a payment will be issued. Balances below this threshold will roll over to the following month.

5.3 Payments will be issued via the payment method(s) supported through Refersion (e.g., PayPal or direct deposit), as selected by the Affiliate and approved by DeFeet. You are responsible for providing accurate and current payment information in your Refersion account; DeFeet is not liable for payments sent to incorrect or outdated payment details you provided.

5.4 You are solely responsible for any taxes owed on commissions earned. DeFeet may request tax documentation (e.g., a completed IRS Form W-9 for U.S. persons or Form W-8BEN for non-U.S. persons) prior to issuing payment and, where required by law, will issue applicable tax reporting forms (e.g., IRS Form 1099-NEC) for U.S.-based Affiliates who meet applicable reporting thresholds.

6. Affiliate Responsibilities and Marketing Guidelines

6.1 You agree to promote DeFeet products truthfully, professionally, and in compliance with all applicable laws, including the FTC's Guides Concerning the Use of Endorsements and Testimonials. You must clearly and conspicuously disclose your affiliate relationship with DeFeet in any content containing Affiliate Links (e.g., "This post contains affiliate links. I may earn a commission if you make a purchase.").

6.2 You are solely responsible for the content of your website(s), social media accounts, email campaigns, and any other channel through which you promote DeFeet products, including ensuring such content does not infringe the rights of any third party.

6.3 Without limiting the foregoing, you agree NOT to:

bid on DeFeet's brand name, trademarks, or any confusingly similar variations or misspellings thereof as keywords in paid search advertising (including Google Ads, Bing Ads, or similar platforms);

register domain names, social media handles, or app names that incorporate DeFeet's trademarks or confusingly similar terms;

engage in spamming, including unsolicited bulk email, comment spam, or unsolicited direct messages;

use incentivized traffic (e.g., "click here to earn points/cash back"), pop-ups, pop-unders, or browser extensions that auto-apply Affiliate Links without clear user awareness, unless expressly approved in writing by DeFeet;

post or distribute fraudulent, misleading, or expired discount codes or coupons purporting to be affiliated with DeFeet;

make false, misleading, or unsubstantiated claims about DeFeet products, pricing, or promotions;

engage in cookie-stuffing, forced clicks, malware, adware, or any other technique designed to generate tracking credit without a genuine, informed customer action; or

promote DeFeet products on websites containing unlawful, obscene, defamatory, discriminatory, or otherwise objectionable content, or content that infringes third-party intellectual property rights.

6.4 A violation of this Section 6 may result in forfeiture of unpaid commissions, immediate suspension or termination from the Program, and, where applicable, legal action.

7. Intellectual Property License

7.1 Subject to your compliance with this Agreement, DeFeet grants you a limited, non-exclusive, non-transferable, revocable license to use DeFeet's trademarks, logos, product images, and other promotional materials that DeFeet makes available to Affiliates ("Marketing Materials"), solely for the purpose of promoting DeFeet products through the Program.

7.2 You may not alter, modify, or create derivative works of the Marketing Materials without DeFeet's prior written consent, and you may not use the Marketing Materials in any manner that suggests endorsement, sponsorship, or partnership beyond the affiliate relationship described in this Agreement.

7.3 This license terminates automatically upon termination of your participation in the Program, at which point you must immediately remove all Marketing Materials and Affiliate Links from your channels.

7.4 All rights, title, and interest in DeFeet's trademarks, content, and products remain the exclusive property of DeFeet.

8. Relationship of the Parties

You and DeFeet are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties. You have no authority to bind DeFeet to any obligation, and you are solely responsible for your own business expenses, insurance, and compliance with applicable laws governing your activities.

9. Term and Termination

9.1 This Agreement begins on the date your application is approved and continues until terminated by either party.

9.2 You may terminate your participation in the Program at any time by ceasing use of your Affiliate Links and providing notice to DeFeet.

9.3 DeFeet may suspend or terminate your participation in the Program at any time, with or without cause and with or without notice, in its sole discretion, including for violation of this Agreement.

9.4 Upon termination, you forfeit any right to future commissions on transactions not yet finalized, except that DeFeet will pay any accrued, verified, and undisputed commissions owed for qualifying sales made in compliance with this Agreement prior to termination, subject to the payment terms in Section 5 and DeFeet's standard return/refund holding period.

10. Confidentiality

You agree to keep confidential any non-public information disclosed to you by DeFeet in connection with the Program, including commission rates (if individually negotiated), business strategies, and Program terms not generally published, and to use such information solely for purposes of performing under this Agreement.

11. Disclaimers and Limitation of Liability

11.1 THE PROGRAM AND ANY RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DEFEET DOES NOT GUARANTEE ANY LEVEL OF TRAFFIC, SALES, OR COMMISSIONS RESULTING FROM PARTICIPATION IN THE PROGRAM.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEFEET'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL DEFEET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless DeFeet, its officers, employees, and affiliates from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of this Agreement; (b) your marketing activities or content; or (c) your violation of any applicable law or third-party right.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in North Carolina, and both parties consent to personal jurisdiction and venue therein.

14. Modifications to This Agreement

DeFeet may update or modify this Agreement at any time by posting a revised version and updating the "Effective Date" above. Continued participation in the Program after such changes take effect constitutes your acceptance of the revised Agreement. Material changes affecting commission structure will be communicated to active Affiliates in advance where reasonably practicable.

15. General Provisions

15.1 Entire Agreement. This Agreement, together with any Program-specific terms posted on DeFeet's affiliate platform (Refersion), constitutes the entire agreement between you and DeFeet regarding the Program and supersedes all prior agreements or understandings on the subject.

15.2 Assignment. You may not assign or transfer your rights or obligations under this Agreement without DeFeet's prior written consent. DeFeet may assign this Agreement without restriction, including in connection with a merger, acquisition, or sale of assets.

15.3 Severability. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.

15.4 No Waiver. DeFeet's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

15.5 Contact. Questions about this Agreement or the Program should be directed to [email protected]

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