Affiliate Agreement

Affiliate Agreement for Killowen Natural

Effective Date: 03/18/2025
Company: Killowen Construction 
Address: 2887 S Mill Road Unit 3, Heber City, Utah
Contact Email: ethan@killowenco.com

This Affiliate Agreement ("Agreement") is entered into between Killowen Construction ("Company," "we," "our," or "us") and the affiliate ("Affiliate," "you," or "your"). By joining our Affiliate Program, you agree to the following terms and conditions:

1. Purpose of the Agreement

The purpose of this Agreement is to authorize Affiliate to promote and refer customers to Killowen Natural products via personalized affiliate links and to outline the terms of commissions and conduct.

2. Enrollment & Acceptance

To become an Affiliate, you must submit an application through our Affiliate Program platform. We reserve the right to approve or reject any application at our sole discretion.

3. Affiliate Responsibilities

  • You will promote Killowen Natural in a positive and honest manner.
  • You are solely responsible for your website, social media accounts, content, and communications.
  • You must comply with all applicable laws, including FTC guidelines on affiliate disclosures (e.g., clearly stating "Affiliate Link" where applicable).
  • You may not make false claims about Killowen Natural, its ingredients, or performance.
  • You may not use paid advertising (Google Ads, Facebook/Meta Ads, etc.) to promote affiliate links without prior written approval.

4. Affiliate Links & Tracking

  • You will receive a unique affiliate link upon acceptance.
  • Affiliate sales are tracked through cookies.
  • You are only eligible for commissions on sales made through your unique link while cookies are active.

5. Commissions & Payments

  • Commission Rate: 10% of the net sale amount (excluding taxes, shipping, discounts, and refunds).
  • Payment Threshold: Minimum payout threshold is $50.
  • Payment Schedule: Commissions are paid on a monthly basis via ACH, subject to a 30-day holding period to account for returns and chargebacks.
  • Affiliate must provide accurate payment information and necessary tax documentation (e.g., W-9 for U.S. affiliates).

6. Returns, Refunds, and Chargebacks

  • If a customer returns or cancels a purchase for which you earned a commission, or if a chargeback occurs, the commission will be deducted from future payments.
  • If no future payments are due, we may invoice you for the refunded commissions.

7. Intellectual Property

  • You are granted a limited, non-exclusive, non-transferable license to use our logos, product images, and content solely for affiliate promotion.
  • You may not modify our trademarks, logos, or product images.
  • All rights to Killowen Natural trademarks, copyrights, and content remain with Killowen Construction, LLC.

8. Prohibited Conduct

  • No misleading, deceptive, or unethical marketing practices.
  • No unauthorized use of paid ads that bid on "Killowen Natural" or similar brand terms.
  • No promotion on websites that promote illegal activities, contain hate speech, or are adult-themed.
  • No impersonation of Killowen Natural in emails, websites, or social media.
  • Affiliates are strictly prohibited from reselling Killowen Natural products.
    • You may not purchase products and resell them. Killowen Natural and its products may only be sold though shop.killowenco.com.
    • You may not list Killowen Natural products on third-party marketplaces (e.g., Amazon, eBay, Etsy, Facebook Marketplace, etc.).
    • Affiliate links must be used only for direct referrals through approved marketing channels.
    • Violation of this clause may result in immediate termination of this Agreement and forfeiture of unpaid commissions.

9. Term & Termination

  • This Agreement begins upon acceptance and continues until terminated.
  • Either party may terminate this Agreement at any time with written notice (email acceptable).
  • Upon termination, you must remove all affiliate links and cease using our brand assets.
  • Commissions earned prior to termination will be paid according to the standard payout schedule, minus returns or chargebacks.

10. Relationship of Parties

  • You are an independent contractor. Nothing in this Agreement creates an employer-employee relationship, partnership, or joint venture.
  • You are responsible for your own business expenses, taxes, and compliance with laws.

11. Limitation of Liability

  • We make no express or implied warranties regarding the Affiliate Program.
  • We are not liable for indirect, incidental, special, or consequential damages arising in connection with this Agreement.
  • Our aggregate liability under this Agreement will not exceed the total commissions paid to you in the 6 months prior to a claim.

12. Modification of Agreement

  • We may update or modify this Agreement at any time. You will be notified of material changes via email or the Affiliate dashboard.
  • Continued participation in the Affiliate Program after changes constitutes acceptance.

13. Governing Law & Dispute Resolution

  • This Agreement is governed by the laws of the State of Utah, without regard to conflict of law principles.
  • Any disputes shall be resolved through good faith negotiation. If unresolved, disputes will be handled in Wasatch County, Utah courts or small claims where applicable.

14. Entire Agreement

This Agreement constitutes the entire understanding between you and Killowen Construction regarding the Affiliate Program and supersedes all prior agreements.