You can earn 10% commission on each sale associated with your unique link or code.

No, but you must have at least one legitimate social media account or a website before we accept you as an affiliate.

Payment will be issued the second Friday of the month if your commission has met the threshold of $25. Transaction fees (including those incurred for receiving affiliate payments [e.g. PayPal payments]) are not covered by Kerusso and are the responsibility of the affiliate.

Affiliate Program Agreement (“Agreement”)

Please read the entire Agreement.

YOU MAY PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This is a legal agreement between you, the affiliate, and Kerusso Activewear, Inc. (“Kerusso" or the "Company"), establishing the terms and conditions of your participation as an affiliate to promote sales of Kerusso products on your website/s and other permitted social networks (the “Kerusso Affiliate Program”).

Please read the terms and conditions of this Agreement carefully before you join the Kerusso Affiliate Program  or begin marketing the Kerusso Affiliate Program.. You, the affiliate are responsible for assuring that your employees, agents, and contractors comply with this Agreement.

By submitting the online application to join the Kerusso Affiliate Program, you are agreeing that you have read and understand the terms and conditions of this Agreement and that you agree to be legally bound and responsible for each and every term and condition.

1.         Definitions

As used in these terms and conditions: (i) “we,” “us,” or “our” refers to Kerusso Activewear, Inc. and our website; (ii) “you” or “your” refers to you the affiliate; (iii) “our website” refers to the Kerusso website located at www.kerusso.com; (iv) “your website” refers to any websites that you will link to our website; (v) “program” or ‘affiliate program”  refers to the Kerusso Affiliate Program.

 2.          Affiliate Obligations

2.1   Enrollment

After receiving your application, we will review your website and notify you of our acceptance or rejection of you into our program. By including all of the websites that you use in your profile will help us make a fully informed review . Please allow up to 48 hours for your application to be reviewed.

We reserve the right to reject any application for any reason or no reason at all.

2.2   Website Restrictions

Your participating website may not:

1. Infringe on our or anyone else's Intellectual Property (as defined below), publicity, privacy, or other rights.

2. Violate any law, rule, or regulation.

3. Contain any content that is threatening, violent, harassing, defamatory, obscene, harmful to minors, illegal, discriminatory or contains nudity, pornography, or sexually explicit materials, or promote any of the aforesaid.

4. Contain any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

5. Contain software or use technology that attempts to intercept, divert or redirect internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

 2.3   Linking to Our Website

Upon acceptance into the program, links will be made available to you through the affiliate interface.

You will be able to review the program's details and previously-published affiliate newsletters, download html code that provides links to web pages within our website and banner creatives, browse and get tracking codes for our coupons and deals.

Your acceptance in our program means you agree to and abide by the following.

1. You will only use the linking code we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation.

2. We reserve the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.

3. All domains that use your affiliate link must be listed in your affiliate profile.

4. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website isour website or any part of our website including, without limitation, framing of our website in any manner.

5. You may not engage in cookie stuffing or include pop-ups, false, or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. The page from where the click is originating).

6. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain (also known as cloaking) is prohibited.

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%, and we reserve the right to terminate your participation in the program. This does not include using "out" redirects from the same domain where the affiliate link is placed.

7. The maintenance and the updating of your website will be your responsibility. We may monitor your website as we feel necessary to make sure that it isup-to-date and to notify you of any changes that we feel should enhance your performance.

8. It is entirely your responsibility to follow and comply with all applicable intellectual property and other laws that pertain to your website. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of applicable law or any third-party rights.

9. You will not, in connection with this Agreement, display or reference on your website, any trademark or logo of any third-party seller appearing on our website unless you have an independent valid license for the display of such trademark or logo. The use of any data, images, text, or other information obtained by you from us or our website in connection with this Agreement shall only be carried out in a lawful manner and only in accordance with the terms of this Agreement.

10. We grant you a limited, nonexclusive, nontransferable, non- sublicensable, revocable royalty-free license to use our Intellectual Property and any data, images, text, or other information obtained by you from us or our website solely for the purpose of you participating in the Program. “Intellectual Property” means any Trademark, copyright of the original design artwork of our products, patent, domain name, moral right, trade secret, or any other intellectual property right under any law, including the right to register, renew and enforce any infringement of the aforesaid. “Trademark” means a trademark, service mark, tradename, trade dress, logo, insignia or other business identifier protected or protectable under law. You may not modify our Intellectual Property or any data, images, text, or other information obtained by you from us or our website  in any way. All of our rights in and to our Intellectual Property and any data, images, text, or other information obtained by you from us or our website are reserved. Should we decide to revoke your license, we will give you notice.

11. You acknowledge our ownership of our Intellectual Property and of any data, images, text, or other information obtained by you from us or our website , and you agree that you will not do anything inconsistent with our ownership  and that all of your use of our Intellectual Property and of any data, images, text, or other information obtained by you from us or our website will strictly and exclusively benefit, and be on behalf of, the program and, if requested, you agree to assist us in recording this agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title, or interest in the Intellectual Property and of any data, images, text, or other information obtained by you from us or our website other than the license to use in accordance with this agreement.

 2.4   Pay-Per-Click {“PPC”) Guidelines

1. You may not bid on any of our Trademarked Terms (which are identified and listed below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook, or any other social network unless given advanced written consent  first from us.

2. You may not use any of our Trademarked Terms, including any variations or misspellings thereof, in sequence with any other keyword (including, but not limited to Kerusso ‘coupons,' Kerusso ‘discount codes,' Kerusso promo,' etc.).

3. You may not use our Trademarked Terms in your ad title, ad copy, display name, or as the display url.

4. You may not direct link to our website from any pay-per-click ad or use redirects that yield the same result. Customers must be directed to an actual page on your website.

5. You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style pay-per-click advertising program.

6. If you automate your PPC campaigns, it is your responsibility to exclude our Trademarked Terms from your program and we strongly suggest you add our Trademarked Terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. If discovered brand bidding on PPC campaigns, you will be sent an email asking to remove the ads in question within 24 hours. If the ads are not removed within 24 hours, you will be removed from the program permanently and all commissions associated with the violations will be reversed.

2.5   Trademarked Terms

The following list of Trademarked Terms should not be treated as an exhaustive list (but as a list of some of the prohibited Trademarked Terms):

Kerusso, kerusso.com, www.kerusso.com, kerusso coupon, kerusso coupon code, kerusso discount, kerusso discount code, kerusso promo, kerusso promo code, kerusso sale, kerusso sales, kerusso deal, kerusso deals

Hold Fast, kerusso.com, www.kerusso.com, hold fast coupon, hold fast coupon code, hold fast discount, hold fast discount code, hold fast promo, hold fast promo code, hold fast sale, hold fast sales, hold fast deal, hold fast deals

Grace & truth, kerusso.com, www.kerusso.com, grace & truth coupon, grace & truth coupon code, grace & truth discount, grace & truth discount code, grace & truth promo, grace & truth promo code, grace & truth sale, grace & truth sales, grace & truth deal, grace & truth deals

Cherished Girl, kerusso.com, www.kerusso.com, cherished girl coupon, cherished girl coupon code, cherished girl discount, cherished girl discount code, cherished girl promo, cherished girl promo code, cherished girl sale, cherished girl sales, cherished girl deal, cherished girl deals

Kerusso Kidz, kerusso.com, www.kerusso.com, kerusso kidz coupon, kerusso kidz coupon code, kerusso kidz discount, kerusso kidz discount code, kerusso kidz promo, kerusso kidz promo code, kerusso kidz sale, kerusso kidz sales, kerusso kidz deal, kerusso kidz deals

Paws & Pray, kerusso.com, www.kerusso.com, paws & pray coupon, paws & pray coupon code, paws & pray discount, paws & pray discount code, paws & pray promo, paws & pray promo code, paws & pray sale, paws & pray sales, paws & pray deal, paws & pray deals

Bless My Sole, kerusso.com, www.kerusso.com, bless my sole coupon, bless my sole coupon code, bless my sole discount, bless my sole discount code, bless my sole promo, bless my sole promo code, bless my sole sale, bless my sole sales, bless my sole deal, bless my sole deals

2.6   Coupon Guidelines

If you are enrolled in our program and your website promotes coupon codes, you must adhere to our coupon guidelines as follows:

1. You may only advertise coupon codes that are provided to you through the affiliate program.

2. Posting any information about how to work around the requirements of a coupon/promotion (i.e. First-time customers only) will result in your removal from the program.

3. Coupons must be displayed in their entirety with the full offer, valid expiration date, and code.

4. You may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).

5. You may not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.

6. You may not give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

7. Additionally, if your website ranks on the first page of any search engine for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc., and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.

2.7   Coupon Attribution & Authentication

Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as a coupon affiliate in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or directly or privately to affiliates.

Coupon codes that are not real, are expired, not specific (i.e. 'Up to 40% off sale items'), or are long-term, sitewide offers that do not require a code may not be considered valid codes and the affiliate will not earn commission on these orders.

2.8   Sub-Affiliate Networks

Promoting us through a sub-affiliate network is permitted, however, you must be completely transparent with regard to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the program adhere to our terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaign. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the program.

Failure to comply with our sub-affiliate network terms may result in result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our terms.

2.10   Domain Names

Use of any of our Trademarked Terms as part of the domain or sub-domain for your website is strictly prohibited.

    ok

www.website.com/kerusso

    not ok

kerusso.website.com

www.kerusso-coupons.com

2.11  Advertising & Publicity

You shall not create, publish, distribute, or print any written material that makes reference to our program without first submitting that material to us and receiving our prior written consent. If you intend to promote our program via e-mail campaigns, you must adhere to the following:

1. Abide by the  CAN-SPAM ACT of 2003 (Public Law no.108-187) with respect to our program.

2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of us.

3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

2.12   Social Media

Promotion on Facebook, X (Twitter), Instagram, YouTube, and other social media platforms is permitted subject to the terms and conditions of this Agreement, which shall include following these general guidelines:

1. You are allowed to promote offers to your own lists; more specifically, you are welcome to use your affiliate links on your own Facebook, X(Twitter), etc., pages. For example, you may post, '25% off sale at kerusso through Wednesday with code get25.'

2. You are prohibited from posting your affiliate links on our Facebook, X (Twitter), Pinterest, etc. accounts or company pages in an attempt to turn those links into affiliate sales.

3. You are prohibited from running Facebook, Instagram, Google, and any other forms of advertising with our trademarked company name.

4. You are prohibited from creating a social media account that contains any of our brand names as part of the name of the social media account. Brand names include: Kerusso, Cherished Girl, Grace & Truth, Hold Fast, Kerusso Kidz, and any future brands that Keruss may created.  

2.13   Operations Outside United States

If you are conducting business in or taking orders from persons in other countries, or plan to do so in the future, you will follow the laws of those countries. For example, you will comply with the European Union's Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.

If you are conducting business in or taking orders from persons in other countries, or plan to do so in the future, you will do so in strict compliance with the export control and sanctions laws and regulations of the United States of America.

 2.14   Federal Trade Commission (“FTC”) Disclosure Requirements

You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement.

If you received any product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

 Disclosures must be made as close as possible to the claims.

Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).

Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, please review the FTC's "dotcom disclosures" guidelines at:

https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking

2.15  Kerusso Rights and Obligations

Nothing in this Agreement shall otherwise be construed as limiting our ability and method to directly or indirectly market, advertise, promote, sell, or distribute our products, including but not limited to entering into affiliate agreements with other parties to join our program and on similar or different terms at our option.

We have the right to monitor your website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your website that we feel should be made, or to make sure that your links to our website are appropriate and notify you further of any changes that we feel should be made. If you do not make the changes to your website that we feel are necessary, we reserve the right to terminate your participation in the program.

We reserve the right to terminate this Agreement and your participation in the program immediately should you commit fraud in your use of the program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.

2.16             Term and Termination

1.This Agreement will begin upon our acceptance of your affiliate application and will continue until terminated hereunder.

2. Either you or we may terminate this Agreement and your participation in the program at any time, with or without cause. Notification may be in writing, email, text or through the affiliate interface. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. In terminating this Agreement for breach, we do not waive any rights we have at law or in equity against you.

3. Upon the termination of this Agreement, you will immediately cease use of, and remove from your website/s all links to our website and all of our Intellectual Property and all other materials provided by, or on behalf of, us to you in carrying out this Agreement  or in connection with the program.

4. Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

2.17            Modification

We may modify the program and any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the program rules. If any modification is unacceptable to you, your only option is to end this Agreement and your participation in the program. Your continued participation in the program following the posting of any change notice or new Agreement on our website will indicate your agreement to the changes.

2.18  Our Customers

Purchasers of products through the program are our customers. All of our standard policies and operating procedures will apply to these customers. We reserve the right to change our policies and operating procedures at any time.

Product prices and availability may vary from time to time. You shall sell our products only at the prices and terms established by us and shall at all times comply with our sales and operating policies and procedures in effect from time to time. We shall have the right at any time to establish, alter or amend terms and conditions of sales, discounts, prices, delivery and packaging charges and methods of payment. You shall have no authority to offer discounts, alter prices or adjust any published terms or conditions of sales, without our express prior written approval.

2.19            Order Processing

1. Only products that are purchased by customers who use the program affiliate link from your site to our website are considered 'direct sales.' Direct sales placed through the program affiliate link on your site are reduced by items that are not shipped, canceled by customers, returned, charged back, or refunded at a later date.

2. We reserve the right to exclude items ordered by you (using the program affiliate link which would otherwise qualify for direct sales) and to not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of the program, or to reject orders that do not comply with any requirements that we periodically may establish.

3. We will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using the program affiliate link from your website to our website.

2.20            Payment of Commissions

You are eligible to earn commissions on direct sales of qualifying products that occur during the term of your participation in the program, You won’t qualify and be eligible to receive any payout until you achieve $25 or greater in commissions. We will keep track of your commission for 12 months. If after 12 months of joining the affiliate program, you have not achieved $25 or greater in commissions your account will be reset to $0.00.

We use a third party to handle all of the tracking and payment of commissions.

The third party is the Social Snowball affiliate platform. Kindly review the network's payment terms and conditions, available at www.socialsnowball.io. The third-party platform will issue payment the first week of the month if your commission has met the threshold of $25. Transaction fees (including those incurred for receiving affiliate payments [e.g. bank transfer, PayPal, Venmo, etc., payments]) are not covered by us and are your  responsibility.

You will create a password so that you may enter Social Snowball’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you. Instructions can be found in emails sent to you from Kerusso.

2.21            Transaction Lock Dates

All sales will remain in a 'sales pending period' and will not lock until the terms set forth within the locking period parameters of our program. Once you have met your minimum of $25 in commissions sales will be unlocked.  All locked payments will be processed by Social Snowball after the(ir) lock date.

2.22              Reversal & Communication Policy

We take pride in our low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancelations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner.

Below are violations of our communications policy.

1. You are not forthcoming, intentionally vague, or are found to be lying.

2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.

3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

4. If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question or terminate you from the program altogether.

We know that many violations are a result of automated processes; however, it is incumbent upon you to ensure that you have the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

2.23              Grant of Licenses

1. We grant to you a non-exclusive, limited, non-transferable, non-sublicensable revocable right to (i) access our website through html links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our  Intellectual Property, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose.

2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the program. You agree that all uses of the Licensed Materials will be on behalf of the program and the goodwill associated therewith will inure to our sole benefit.

3. You will not use the Licensed Materials in any manner that is disparaging, misleading, obscene or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials covered by this license.

4. Other than the license granted in this Agreement, we retain all right, title, and interest to our Intellectual Property and no right, title, or interest is transferred to you.

2.24   Representations and Warranties

You represent and warrant that:

1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You acknowledge that this Agreement is an online ‘click-wrap’ or ‘browse-wrap agreement, and by your submission of your application to become an affiliate, that it is deemed to be executed and delivered by you;

2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

3. You have sufficient right, title, and interest in and to any rights granted to us in this Agreement.

2.24a  Disclaimer

We make no express or implied representations or warranties regarding our program, service and website, or the products or services provided therein, any implied warranties of our ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded.

In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

2.25            Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, MARKET SHARE, OPPORTUNITY OR GOODWILL, DIMINUTION OF BRAND VALUE OR REPUTATION OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL KERUSSO'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

2.26   Indemnification

You hereby agree to indemnify and hold harmless us, and our subsidiaries and Affiliates, and their respective directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses (or actions in respect thereof) arise out of or are based on (i) your performance under this Agreement, (ii) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (iii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iv) any claim related to your website, including, without limitation, content therein not attributable to us. “Affiliate” means, any natural or legal person who directly or indirectly owns, controls such party, is owned or controlled by such party, or is under common ownership or control with such party, or is an officer, employee, director, consultant, member, manager or agent of such party.

2.27  Confidentiality

You acknowledge that you shall be afforded access to certain Confidential Information of ours in connection with your performance under this Agreement. “Confidential Information” shall include, without limitation, non-public information disclosed by us to you in writing, verbally, visually, by demonstration, or acquired by you through observation or impression, interfacing with our website or our third party providers, pertaining to our or our Affiliates present, past or future business operations, products, manufacturing procedures, processes, methods, improvements, technology, inventions, Intellectual Property, know-how, trade secrets, ideas, discoveries, designs, creative works, software, information systems, finances, accounting, engineering, marketing, merchandising, personnel, research and development, purchasing, sales, price lists, pricing methods, customer lists, customer names and requirements, forecasts, studies prepared by or for us which contains or is based on any Confidential Information. 

 At the time of termination, you are required to return, or at our request destroy or permanently delete, any and all our Confidential Information regardless in which manner or format you have the information. In the case where we request the destruction or deletion of Confidential Information, you agree to certify such destruction or deletion to us. In the case of Confidential Information which must be preserved until all accounting and/or other formalities as a result of the termination of the Agreement can be completed, you must continue to protect and restrict access to all our Confidential Information as provided for herein, and in the same manner or better in which you protect your own information.

 The terms of this confidentiality clause shall survive the termination of this Agreement for the greater of 5 years or for perpetuity (as applicable laws allow).  It is agreed that breach of this covenant would cause irreparable harm and that injunctive relief would therefore be appropriate

2.28   Miscellaneous

1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will be solely responsible for the cost and expense of managing and maintaining your website and your business operations. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other website/s, social networks or otherwise, that reasonably would contradict anything in this section.

2. This Agreement shall be binding on and inure to the benefit of you and us and our respective permitted successors and assigns. This Agreement shall not be assignable by you, by operation of law or otherwise, without our express prior written consent, and any attempted assignment shall be void.

3. This agreement shall be governed by and interpreted in accordance with the laws of the state of Arkansas without regard to the conflicts of laws and principles thereof.

4. You may not unilaterally amend, alter, modify or waive any provision of this Agreement. The terms of this Agreement shall not be supplemented or contradicted by course of dealing, usage of trade or course of performance under this or any other agreements. No agreements between us and third parties ancillary to this Agreement shall contain any terms contradictory, supplemental to, or seeking to modify the terms of this Agreement, and any such terms shall not be binding on our relationship unless expressly agreed to by us in writing through a modification of this Agreement by us.

5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications between us, oral or written, express or implied.

6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms or interpretation of this Agreement.

7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of us and you is effectuated, and the remainder of this Agreement shall have full force and effect.

8. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

2.29   Independent Investigation

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You understand that we may at any time admit others into the program on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

 Latest Update: March 15, 2024