Affiliate Program Operating Agreement

Updated: February, 2025

This Affiliate Program Operating Agreement ("Agreement") is made between Kuzeno LLC ("Company"), a single-member LLC based in Maryland, and the Affiliate (the individual or entity participating in the Company’s Affiliate Program).

1. Enrollment & Approval

1.1 Affiliates must apply via Kuzeno’s affiliate portal.
1.2 The Company reserves the right to approve or reject applications at its sole discretion.
1.3 Applicants under 18 require parental or legal guardian consent. The guardian assumes full responsibility for legal and tax compliance.

2. Commissions & Payments

2.1 Earnings: Affiliates earn commissions on qualifying sales made through their unique referral link.
2.2 Commission Rate: Affiliates can earn up to 15% commission, subject to performance and variation. Affiliates may not publicly disclose their commission rate.
2.3 Payment Schedule: Commissions are paid on a Net 45 basis, meaning payments are issued 45 days after the end of the month in which the sale occurred.
2.4 Minimum Payout Threshold: The minimum payout amount is $50. If an affiliate’s commission does not reach this threshold, the balance will roll over to the next payment period.
2.5 Payment Methods & Currency:

  • Affiliates can receive payments via PayPal, bank transfer, or debit card.
  • All commission payouts are issued in USD.
  • Affiliates are responsible for any foreign currency conversion fees charged by their payment provider.
  • Any transaction fees associated with payout methods (e.g., PayPal fees, bank transfer fees) will be deducted from the affiliate's earnings.

2.6 Disqualifications: The following transactions do not qualify for commissions:

  • Self-purchases (orders placed using the affiliate's own link).
  • Fraudulent transactions or suspicious activity.
  • Chargebacks, returns, or canceled orders.
  • Orders made by customers who later receive a refund.

2.7 Tax Reporting:

  • U.S. affiliates earning $600 or more annually must submit a W-9 form before receiving payments exceeding this amount. Failure to submit a W-9 may result in withheld payments until the form is received.
  • The Company will issue a 1099-NEC tax form for U.S. affiliates who meet the $600 threshold for tax reporting purposes.
  • Affiliates earning less than $600 annually are still responsible for reporting their earnings.
  • Non-U.S. affiliates may be required to provide additional tax documentation based on local tax regulations.

2.8 Tax Responsibility:

  • Affiliates are fully responsible for handling their own tax reporting and payments.
  • The Company does not withhold or remit taxes on behalf of affiliates.
  • Affiliates should consult a tax professional regarding their local tax obligations.

3. Exclusive Product Discounts

3.1 Affiliates will have access to exclusive product discounts, which may vary based on their performance, tier, availability, or other factors determined by the Company.
3.2 The Company reserves the right to adjust or modify the discount rates at its discretion, and the discounts provided to one affiliate may not be the same for others.
3.3 Affiliates may receive full or partial reimbursement of their purchase back into their next affiliate payout.
3.4 Affiliates are not permitted to disclose or advertise the specific discount percentages they receive, as these may change over time or based on performance, availability, and other factors.

4. Affiliate Conduct & Marketing Guidelines

4.1 Affiliates must follow ethical and legal marketing practices, avoiding:

  • Misleading or deceptive promotions.
  • Spam marketing or trademark bidding.
  • Unauthorized incentive-based sales (unless approved by the Company).

4.2 Affiliates must comply with all relevant laws, including FTC disclosure requirements.

5. Lead Generation & Sales Funnel Restrictions

5.1 Affiliates may use personal sales funnels, provided they comply with this Agreement.
5.2 Prohibited Practices:

  • Automated bots for generating clicks, leads, or sales.
  • Deceptive lead-generation techniques.

5.3 The Company reserves the right to review and remove Affiliates engaging in unethical lead generation.

6. Performance Tracking & Monitoring

6.1 The Company uses tracking software to monitor Affiliate performance (clicks, leads, and sales).
6.2 Affiliates must properly implement referral links for accurate tracking.
6.3 The Company reserves the right to audit Affiliate activity for compliance.

7. Termination

7.1 Either party may terminate this Agreement with written notice.
7.2 The Company may immediately terminate an Affiliate for violations, including:

  • Unethical marketing practices.
  • Non-compliance with legal or Company policies.

7.3 Forfeiture: Outstanding commissions may be forfeited if termination results from policy violations.

8. Intellectual Property

8.1 Affiliates may use approved Kuzeno marketing materials but may not modify branding, trademarks, or create derivative works without consent.
8.2 The Company retains full ownership of all intellectual property.

9. Limitation of Liability

9.1 The Company is not responsible for:

  • Indirect, incidental, or consequential damages.
  • Lost profits or business interruption.

9.2 The Company does not guarantee specific earnings or performance levels.
9.3 Affiliates agree to indemnify the Company from any claims, liabilities, or damages arising from their actions.

10. Independent Contractor Status

10.1 Affiliates are independent contractors, not employees or agents of the Company.
10.2 Affiliates cannot enter contracts on behalf of the Company.
10.3 Affiliates are responsible for their own taxes and legal compliance.

11. Compliance with FTC Guidelines

11.1 Affiliates must follow FTC guidelines, including:

  • Clearly disclosing their affiliate relationship when promoting Kuzeno products.
  • Providing honest, non-deceptive endorsements.

12. Force Majeure

12.1 The Company is not liable for delays or failures caused by factors beyond its control (e.g., natural disasters, cyberattacks, regulatory changes).

13. No Warranties Disclaimer

13.1 The Affiliate Program is provided "as is", without express or implied warranties.
13.2 The Company makes no guarantees regarding earnings, conversions, or success rates.

14. Governing Law & Dispute Resolution

14.1 This Agreement is governed by the laws of the State of Maryland.
14.2 Disputes will be resolved via mediation or arbitration before legal action.

15. Assignment & Subcontracting

15.1 Affiliates cannot transfer their rights or obligations under this Agreement without written consent.
15.2 The Company may assign its rights or obligations at any time.

16. Severability

16.1 If any provision is found invalid or unenforceable, the remainder of the Agreement remains in effect.

17. Amendments & Notices

17.1 The Company may update this Agreement at any time.
17.2 Affiliates will be notified of material changes, and continued participation constitutes acceptance.

18. Additional Terms

18.1 By joining the Affiliate Program, Affiliates agree to:

18.2 The Company’s website: https://www.kuzeno.com.

19. Privacy & Data Collection

19.1 The Company tracks and collects data on Affiliate performance (clicks, leads, sales) to calculate commissions.
19.2 Personal information of referred customers may be collected for sales tracking.
19.3 Affiliates consent to data collection in accordance with privacy laws and Kuzeno’s Privacy Policy.
19.4 The Company uses cookies and other tracking technologies to ensure accurate commission payouts.

For privacy-related inquiries, contact affiliate@kuzeno.com.

Acknowledgment & Acceptance

By joining the Kuzeno Affiliate Program, you acknowledge that you have read, understood, and agree to abide by this Agreement.

For questions, contact us at affiliate@kuzeno.com.