Earth Breeze Affiliate Agreement

Earth Breeze Affiliate Agreement

Welcome to the Earth Breeze affiliate and brand ambassador program (the “Program”). By applying to or participating in the Program, you agree to this Agreement. You accept this Agreement by checking the acceptance box on the Superfiliate sign-up form. Please read it in full before you do.

This Affiliate Agreement (the “Agreement”) is entered into by and between Earth Breeze, Inc., a Delaware corporation (“Company,” “Earth Breeze,” “we,” “our,” or “us”), and the individual or entity accepting these terms (“Affiliate,” “you,” or “your”).

1. Eligibility

Earth Breeze may approve or deny any application in its sole discretion. Approval does not entitle you to free products or any guaranteed compensation unless expressly stated in this Agreement. You must be at least 18 years old and able to enter a binding contract. Eligibility requirements may change from time to time. [You must be a resident of the United States, or be located in the United States and authorized to work here.] You may hold only one Program account and must keep your sign-up and payment information accurate and current. You may not participate if you are a current Earth Breeze employee, or if you are engaged by Earth Breeze under a separate signed agreement, unless we agree in writing. You represent that you are not located in a country, and are not a person, subject to United States sanctions or named on any U.S. government denied-party list.

2. Scope

During the Term, you agree to:

  1. Use commercially reasonable efforts to promote Earth Breeze, its brands and its products.
  2. Create and publish original photo, video or written content featuring Earth Breeze or its products (“Posts”) on your social media channels, aiming for one (1) to two (2) high-quality Posts per calendar month. Each Post must tag Earth Breeze’s official account(s) and include any hashtags or brand mentions we provide. Use the paid-partnership or branded-content tool that each platform provides. [Unless we ask you to remove it, keep each Post live for at least thirty (30) days after publication.]
  3. Share your affiliate link and/or discount code so that sales can be tracked.
  4. Respond to reasonable questions from your followers or from us in a timely manner.
  5. Follow all brand guidelines, talking points and approved claims we provide.
  6. Follow the terms of service of our affiliate platform, Superfiliate, at superfiliate.com/legal/terms, as updated from time to time.
  7. Understand that any campaign you accept through TikTok Shop’s Managed Service Plan, or any other program run by TikTok or another platform, is governed by that platform’s own terms and not by this Agreement. Earth Breeze pays no commission under this Agreement on orders for which the platform compensates you, and the platform, not Earth Breeze, is responsible for that compensation.
  8. Comply with all applicable federal, state, local and foreign laws, rules and regulations in everything you do under this Agreement or in connection with the Program, including laws on advertising, endorsements and disclosures, consumer protection, privacy and data protection, email and text messaging (such as the CAN-SPAM Act and the Telephone Consumer Protection Act), intellectual property, and taxes, and obtain any licenses or permits those laws require.

3. Compensation

As a Program participant, you may earn commissions, performance bonuses and/or complimentary products, subject to the following:

  1. Commission rates. You currently on qualifying first orders from new customers and on qualifying recurring subscription orders attributed to your link or code as per given percentage on your affiliate dashboard. We may change commission rates with at least fifteen (15) days’ notice through the affiliate dashboard or by email. Changes do not affect commissions already earned.
  2. Qualifying Orders and attribution. A “Qualifying Order” is an order placed through your affiliate link or with your discount code, as recorded by Superfiliate, that is completed and paid and is not canceled, returned, refunded or charged back within thirty (30) days after the order date. Where more than one affiliate link or code touches an order, the last link clicked or the code applied at checkout, as recorded by Superfiliate, controls. No commission is earned on orders placed before we approve your application or after this Agreement ends.
  3. Tracking. Commissions are calculated and paid as reflected in the Earth Breeze affiliate dashboard. Our tracking records, as recorded by Superfiliate, are final absent manifest error.
  4. Payout. Commissions are paid monthly once your balance reaches twenty dollars ($20.00) on Qualifying Orders. Balances below that threshold roll over to the next month. We may hold payouts while we investigate suspected fraud or a suspected breach of this Agreement, and we may deduct any commission reversed under Section 3(6) from your future payouts.
  5. Complimentary products. Affiliates in good standing may be eligible for free monthly products. Eligibility, product selection and quantities are at our discretion and may change or end at any time.
  6. Forfeiture. Commissions are not earned on orders that are refunded, returned, canceled, charged back or fraudulent, on orders you place for yourself, or on orders tied to any breach of this Agreement. We may withhold or reverse commissions in those cases. We may also withhold commissions that we cannot verify.
  7. Taxes. You are solely responsible for all taxes on compensation you receive. We will not release payouts until we have received a valid W-9, W-8BEN or similar form from you. Payouts are made through the payment methods supported by Superfiliate, and you are responsible for keeping your payment details current.

4. Term and Termination

This Agreement starts on the date you accept it and continues until either party ends it by written notice (email or dashboard notice being sufficient) (the “Term”). We may end it immediately if you breach this Agreement, if you engage in conduct that in our reasonable judgment is likely to bring you or Earth Breeze into public disrepute or harm the Earth Breeze brand, or if you publish no Posts for ninety (90) consecutive days. On termination, you will stop using your affiliate link, code and our trademarks. Commissions properly earned before termination will be paid in the next regular payout, except where forfeited under Section 3. Sections 3(6), 3(7) and 8 through 14 (other than Section 8A), including the licenses in Sections 8 and 9, survive termination.

5. Non-Exclusivity

This Agreement is not exclusive. Either party may work with third parties, including those offering similar products or services.

6. Requirements for Posts

a. Your Posts must:

  1. Comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising as may be updated from time to time (16 CFR Part 255).
  2. Clearly and conspicuously disclose your material connection with Earth Breeze (for example, #ad, #EarthBreezePartner, or “Paid partnership with Earth Breeze”), including that you may earn commissions or receive free product. The disclosure must be in plain sight, near the endorsement, and hard to miss. Do not bury it in a link, a caption “more” fold, or a string of hashtags. On video, say it out loud as well as in text. This applies regardless of platform space limits.
  3. Be truthful and reflect your own honest opinions and real experience with the product.
  4. Use only claims Earth Breeze has approved or provided, in the form provided. We will make the approved claims available through the affiliate dashboard (the “Approved Claims”).
  5. Not include third party intellectual property, such as copyrighted music, photos, artwork, trademarks or logos, unless you have the rights and the platform’s licensed library allows commercial use.
  6. Comply with the rules of each social media platform and all applicable laws.

b. Your Posts must not:

  1. Make environmental or sustainability claims beyond those we approve. This includes general claims like “eco-friendly,” “zero waste,” “non-toxic,” “chemical-free,” “100% natural” or “plastic-free,” and any biodegradability, compostability, carbon or recyclability claim we have not provided.
  2. Claim that any product kills, removes or protects against germs, bacteria, viruses, mold or mildew, or that it sanitizes or disinfects.
  3. Make safety, health or medical claims, including claims that a product is safe for allergies, sensitive skin, babies or pets, unless we have approved the exact wording.
  4. Make comparative claims about competitors by naming, or performance claims (for example, “cleans better than pods”) we have not approved.
  5. State or imply where products are made unless using our approved wording.
  6. Describe our charitable giving, donation or impact programs except using our approved wording.
  7. Be sexually explicit, obscene, hateful, or otherwise inconsistent with the goodwill of the Earth Breeze brand.

c. Prohibited promotion methods. You may not:

  1. Bid on “Earth Breeze” or any Earth Breeze product name, trademark or misspelling in paid search, paid social or marketplace advertising.
  2. Post your code on coupon, deal or cashback sites, or in Amazon, Walmart or other marketplace reviews or Q&A.
  3. Earn commissions on your own purchases or those of people in your household.
  4. Use spam, bots, fake accounts, incentivized clicks, cookie stuffing or any other method that inflates or misattributes traffic or sales.
  5. Run paid ads using Earth Breeze’s name or your affiliate link unless we approve in writing.
  6. Imply that you are employed by, or speak for, Earth Breeze.
  7. Post reviews of Earth Breeze products on retailer, marketplace or review sites without clearly disclosing your participation in the Program, or in exchange for commission, product or any other benefit.
  8. Register or use any domain name, social media handle, account name or ad display URL that contains “Earth Breeze” or any of our trademarks, or any confusingly similar term.

7. Monitoring Posts

We may monitor your Posts for compliance. If a Post does not comply, we may do any of the following: require you to edit or remove it within 48 hours, withhold or reverse related commissions, or terminate this Agreement under Section 4.

8. Company Use of Posts

You grant Earth Breeze and its affiliates a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, edit, adapt, publish and distribute any content you create featuring Earth Breeze or its products, in any media now known or later developed, for organic and paid purposes. This includes posting on social platforms (such as TikTok, Instagram, YouTube, Facebook and Pinterest), running it as paid advertising, including from your handle through whitelisting or partnership ads where you authorize access, and using it on our website, marketplaces, email and packaging, at no additional cost to us. You keep ownership of your content. You waive, and agree not to assert against Earth Breeze or its licensees, any moral rights or rights of attribution or integrity in content used under this Section. No further consent, notice or payment is required for any use permitted by this Section or Section 9.

8A. Your Use of Our Trademarks

We grant you a limited, non-exclusive, revocable license to use the Earth Breeze name and logos only in your Posts, only in the form we provide, and only while this Agreement is in effect. You may not alter our marks, combine them with other marks, or use them in any way that suggests we endorse you or your other content. All goodwill from your use of our marks belongs to Earth Breeze.

9. Use of Your Name, Likeness and Information

You grant Earth Breeze and its affiliates, successors, licensees and assigns the right to use your name, image, videos, likeness, voice, social handles and biographical information (“Likeness”) in connection with the Program, your Posts, and any derivative works we make from your Posts, including to advertise and promote Earth Breeze and its products during or after termination of this Agreement. You irrevocably waive any right to inspect or approve those uses.

10. Representations and Warranties

You represent and warrant that your Posts (a) are your sole and original creation, or you have all rights needed to grant the licenses in this Agreement; (b) are not defamatory; (c) do not, and our use of them will not, infringe any third party’s copyright, trademark, publicity, privacy or other rights; (d) do not include any person other than you unless that person has consented to the uses described in Sections 8 and 9; and (e) do not use artificial intelligence to generate or alter the face, voice or likeness of any real person. You further represent that you are not bound by any agreement that conflicts with this Agreement.

10A. Confidentiality

Information we share with you that is not public, including commission rates and bonus structures, unreleased products, campaign briefs, talking points and performance data, is confidential. You will not disclose it to anyone or use it for any purpose other than the Program, except as required by law. This obligation continues after this Agreement ends.

11. Limitation of Liability

To the maximum extent permitted by law, Earth Breeze will not be liable for any indirect, incidental, special, consequential or punitive damages. Earth Breeze’s total liability under this Agreement will not exceed fifty percent (50%) of the commissions paid to you in the twelve (12) months before the event giving rise to the claim or $100 whichever is higher. The Program, the affiliate dashboard and all tracking links and codes are provided “as is” and “as available.” We do not guarantee the accuracy of tracking, the availability of the dashboard, any order volume or any level of earnings.

12. Indemnification and Release

a. You will indemnify, defend and hold harmless Earth Breeze and its affiliates, and their officers, directors, employees, agents, successors and assigns, from all claims, damages, liabilities, settlements, fines, losses, costs and expenses, including reasonable attorneys’ fees, arising from your Posts, your breach of this Agreement, or your violation of any law or third party right.

b. To the maximum extent permitted by law, you release Earth Breeze from claims for personal injury or property damage arising from your creation of Posts, except to the extent caused by Earth Breeze’s gross negligence or willful misconduct.

13. Relationship of the Parties

a. You are an independent contractor. This Agreement does not create a partnership, joint venture, employment or agency relationship. You have no authority to bind Earth Breeze or make commitments on its behalf.

b. We do not withhold taxes, provide insurance, or provide workers’ compensation for you. You are solely responsible for your taxes and contributions, and you are not eligible for any Earth Breeze employee benefits.

c. Privacy. We and Superfiliate process your application, contact, payment and performance information under Earth Breeze’s Privacy Policy [https://earthbreeze.com/policies/privacy-policy] and Superfiliate’s Privacy Policy [https://www.superfiliate.com/legal/privacy]. You will not receive personal information about Earth Breeze customers through the Program, and you may not attempt to collect it.

14. Miscellaneous

a. Assignment. This Agreement is personal to you. You may not assign or delegate it without our written consent. We may assign it to an affiliate or successor.

b. Governing law and venue. This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws rules. Any court action permitted under Section 14(c), other than a small claims action, will be brought only in the state or federal courts located in New Castle County, Delaware, and you and Earth Breeze each waive the right to a jury trial.

c. Arbitration and class action waiver. Any dispute between you and Earth Breeze about this Agreement or the Program will be resolved by binding individual arbitration run by JAMS under its Streamlined Arbitration Rules, before one arbitrator, in Delaware or by video. Either of us may instead bring an individual claim in a small claims court with jurisdiction over the claim. You and Earth Breeze each give up the right to take part in any class, collective or representative action. If you are an individual, Earth Breeze will pay any JAMS fees above what a court would charge to file the same claim, and each side pays its own attorneys’ fees unless the arbitrator finds a claim was frivolous. You may opt out of this Section by emailing legal@earthbreeze.com within thirty (30) days after you first accept this Agreement; the rest of this Agreement still applies. Court actions are limited to small claims actions, actions to enforce an arbitration award, and claims by a party that has opted out.

d. Changes. We may update this Agreement by posting a new version on this page and notifying you through the dashboard or by email at least fifteen (15) days before the update takes effect. Updates do not affect commissions already earned. Continued participation after the effective date means you accept the update. If you do not agree, your only remedy is to end this Agreement under Section 4. Changes to Section 14(c) do not apply to any dispute that arose before the change took effect.

e. Severability and entire agreement. If any provision is unenforceable, it will be modified to the minimum extent needed and the rest stays in effect. This Agreement is the entire agreement between you and Earth Breeze about the Program and supersedes prior statements made to you about it. Your use of the Superfiliate platform is separately governed by Superfiliate’s terms under Section 2(6). If you have signed a separate User-Generated Content Agreement, Statement of Work or other written agreement with Earth Breeze, that agreement controls for the work it covers.

f. Notices. Notices to Earth Breeze must be sent to legal@earthbreeze.com. Notices to you will be sent to the email address on file with Superfiliate or posted in the affiliate dashboard.

g. Waiver; force majeure. Our failure to enforce any provision of this Agreement is not a waiver of it. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

h. Electronic acceptance. Clicking to accept this Agreement is a valid electronic signature, and we may keep a record of your acceptance.

Last updated: [November, 2, 2026]