Affiliate/Influencer Guidelines & Contract Agreement

Binding upon sign-up

1. Purpose

This Agreement sets the terms under which the Affiliate may promote Tones By CoCoa products and earn commissions.

2. Content Standards

Prohibited Content

The Affiliate shall not create, post, share, or associate Company products with:

• Illegal drugs, tobacco, or vaping products
• Alcohol misuse or intoxication
• Violence, weapons, or threats
• Racist, sexist, homophobic, or discriminatory content of any kind
• Pornography, nudity, sexually explicit, or suggestive content
• Profanity, vulgar, obscene, or offensive language
• Political endorsements, controversial topics, or hate speech

Presentation & Appearance

• Affiliate must appear modestly dressed in all promotional materials.
• Clothing must not be revealing, sexually suggestive, or otherwise inconsistent with the Company’s brand values.

Language & Tone

• Use clean, respectful language at all times.
• Foul, vulgar, or offensive language in any Company-related promotion is strictly prohibited.

3. Brand Representation

• All promotional content must reflect the luxury, professional, and inclusive image of Tones By CoCoa.
• The Company may request removal of any content that does not align with brand values.

4. Compliance & Termination

Immediate Termination

The Company may immediately terminate this Agreement and revoke commissions if the Affiliate:

• Violates any Content Standard above
• Engages in behavior damaging to the Company’s reputation
• Uses fraudulent or misleading practices to generate sales

Content Review

The Company reserves the right to review and approve promotional materials at its sole discretion.

5. Compensation

• Compensation is provided as outlined in the Company’s Affiliate Program terms.
• Payment is contingent upon full compliance with this Agreement.

6. Independent Contractor Status

The Affiliate is an independent contractor. Nothing herein creates an employer-employee relationship, joint venture, or partnership.

7. Governing Law

This Agreement is governed by and construed under the laws of the State of Tennessee, United States.

8. Dispute Resolution & Waiver of Legal Action

• The Affiliate agrees they cannot pursue legal action in court against Tones By CoCoa for any claims, disputes, or controversies arising from this Agreement or participation in the program.
• In the event of a dispute, the Affiliate must first seek resolution through mediation in Tennessee with a mutually agreed-upon mediator.
• If mediation is unsuccessful, the Affiliate agrees to forfeit their participation in the program and this Agreement shall terminate with no further claims, commissions, or compensation owed by the Company.

Nothing herein limits the Company’s right to seek equitable relief where appropriate.

9. Non-Disparagement & Defamation

• The Affiliate shall not make, publish, or communicate to any third party any negative, disparaging, false, or misleading statements about Tones By CoCoa, its products, employees, owners, partners, or brand image.
• Any violation is grounds for immediate termination of this Agreement and removal from the program.
• The Company reserves the right to pursue all available remedies under law, including defamation claims, injunctive relief, or other legal actions for reputational or financial damages caused by such conduct.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements or understandings.

Affiliate Acknowledgment (No Signature Required)

By signing up for and participating in the Tones By CoCoa Affiliate Program, the Affiliate confirms they have read, understood, and agree to abide by these terms. Enrollment and participation constitute full acceptance of this Agreement without further signature or consent.