• “Company” — the party operating the affiliate program (defined above).
• “Affiliate” — the individual or entity approved by the Company to promote the Company’s products or services.
• “Referral” — a customer who clicks Affiliate’s tracking link or uses Affiliate’s promo code and completes an activity that qualifies for a commission (typically a purchase).
• “Commission” — the amount payable to Affiliate for qualified Referrals as set out in Section 4.
• “Program Materials” — links, creatives, copy, coupon codes, and other assets provided to Affiliate by the Company.
• “Tracking” — Company’s technology used to attribute Referrals to Affiliate (tracking links, cookies, promo codes, pixels, etc.).

1. Enrollment is completed by submitting the Company’s affiliate application. Company may accept or reject applications in its sole discretion.
2. Affiliate must provide accurate contact, tax and payment information and keep those details updated. Company may require ID / business verification.
3. Affiliate is responsible for any required tax forms and local legal compliance.

• Affiliate must comply with all Program Materials, this Agreement, and applicable laws (including advertising, consumer protection, and data laws).
• Prohibited conduct includes (without limitation):
• Misrepresenting the Company, its products, or pricing.
• Bidding on trademarked search terms (if prohibited by Company policy), using deceptive redirects, coupon stacking that violates Company rules, or cookie stuffing.
• Posting on spam networks or promoting on sites targeted at children without Company approval.
• Using paid ads that directly replicate Company-owned landing pages (unless pre-approved).
• Affiliate must disclose affiliate relationship clearly and conspicuously per FTC guidelines and applicable laws when promoting the Company (e.g., “#ad”, “affiliate link”, or equivalent disclosure).

1. Commission rate: Company will pay Affiliate commissions for qualified Referrals at the rate of 7.5% of net sale, unless a different rate is agreed in writing. Replace placeholders with actual values.
2. Cookie / attribution period: Standard attribution window is 30 days from click (or as set by Company).
3. Qualified sale: A sale is qualified if it (a) originates from Affiliate’s tracking link or code, (b) is a completed transaction and not refunded, returned or fraudulent, and (c) satisfies any program-specific rules.
4. Payment schedule & threshold: Commissions are paid on a 7-15 days basis, within 7 days after the close of the payment period, provided Affiliate’s balance exceeds 0. If below threshold, balance rolls forward. Payments are made (e.g., bank transfer, PayPal). Affiliate is responsible for fees associated with payout methods.
5. Chargebacks / Returns: Company may deduct commissions for refunded, cancelled, or fraudulent orders associated with Affiliate referrals.
6. Taxes: Affiliate is responsible for all taxes, reporting and obligations arising from commissions.

1. Company will provide access to an affiliate dashboard and tracking links. Company’s tracking system is the authoritative record for Referral attribution.
2. Affiliate should not rely on cookies or local tracking alone; use Company-provided links and codes.
3. Company may update tracking methods; Affiliate should implement new links or tags as requested.

1. Company grants Affiliate a limited, non-exclusive, non-transferable license to use Program Materials and Company trademarks only as provided and in connection with promoting Company’s products per this Agreement.
2. Affiliate grants Company a perpetual, worldwide, royalty-free license to use Affiliate’s submitted creatives or testimonials for marketing the program (unless otherwise agreed).
3. Affiliate may not alter Company trademarks or Program Materials except where Company permits.

Each party shall protect the other party’s confidential information and not disclose it to third parties, except as required by law. Confidential information excludes information that is public, rightfully received from a third party, independently developed, or previously known.

1. This Agreement begins on the Effective Date and continues until terminated by either party.
2. Either party may terminate at any time with written notice. Company may suspend or immediately terminate Affiliate for breaches, suspected fraud, or policy violations.
3. Upon termination, Affiliate must stop using Program Materials and remove Company assets from promotions. Company may withhold payments under investigation for up to 7 days. Commissions for Referrals that occur prior to termination will be paid subject to returns/refunds and Company’s verification.

1. Each party represents it has the right to enter this Agreement. Affiliate warrants promotions will comply with law and not infringe third-party rights.
2. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT GUARANTEE SALES OR SPECIFIC RESULTS.

Affiliate will indemnify, defend and hold Company harmless from any claims, damages, losses or liabilities (including legal fees) arising from Affiliate’s breach of this Agreement, noncompliant promotions, or unlawful acts. Company will indemnify Affiliate for claims resulting from Company’s negligent acts or omissions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL COMMISSIONS PAID TO AFFILIATE IN THE PRIOR SIX (6) MONTHS.

1. Parties must comply with applicable data protection laws (e.g., GDPR where applicable). Affiliate must not collect Company customer personal data without prior written consent.
2. If Affiliate receives personal data in connection with the program, Affiliate will process it only per Company instructions and implement appropriate security measures.

1. Company may monitor traffic and sales for fraud. Company may withhold or recover commissions resulting from fraudulent or non-compliant activity.
2. Company may audit Affiliate’s promotional channels and require removal of non-compliant content.

Affiliate is an independent contractor. Nothing in this Agreement creates an employment, partnership, agency or franchise relationship.

This Agreement is governed by the laws of United Kingdom without regard to conflict of laws. Parties will first attempt to resolve disputes in good faith; if unresolved, disputes will be resolved in the courts of UK.

1. Amendments: Company may amend program policies or this Agreement by posting updates; continued participation after notice constitutes acceptance. Material changes will be announced 30 days in advance where feasible.
2. Notices: Notices to Company should be sent to: info@exceliensparks.com. Affiliate notices to the contact on file.
3. Assignment: Affiliate may not assign this Agreement without Company’s written consent. Company may assign to an affiliate or successor.
4. Severability: If a provision is invalid, remaining provisions remain effective.
5. Entire Agreement: This Agreement, together with Program Policies and any written addenda, constitutes the entire agreement.

Affiliate agrees to follow any additional program policies, acceptable use rules, coupon usage rules, and creative guidelines published by Company. Program Policies are incorporated by reference.

Affiliate agrees to make clear and conspicuous disclosures of the affiliate relationship per FTC guidelines and any local regulations when posting affiliate links or promotional messages.