FREEDOM FLOWERS AFFILIATE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
You may print this page for your records.
This Affiliate Agreement ("Agreement") is a legal agreement between Freedom Flowers LLC, doing business as Freedom Flowers ("Freedom Flowers," "we," "us," or "our") and the applicant or participant in the affiliate program ("you," "your," or "Affiliate").
By submitting an application to the Freedom Flowers Affiliate Program, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
1. Overview
This Agreement contains the complete terms and conditions that apply to your participation in the Freedom Flowers Affiliate Program. The purpose of the program is to allow approved affiliates to promote Freedom Flowers using authorized affiliate links and earn commissions on qualifying sales tracked through our affiliate platform.
2. Affiliate Enrollment and Obligations
2.1 Application and Acceptance
To apply for the Freedom Flowers Affiliate Program, you must complete and submit the online application through our designated affiliate platform. We may accept or reject any application in our sole discretion.
We may reject or later remove an affiliate account if we determine that the affiliate’s website, social media presence, email practices, business practices, or promotional content are unsuitable for the program, including, but not limited to, content or conduct that:
- promotes sexually explicit material
- promotes violence
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promotes illegal activity
- infringes or encourages infringement of any copyright, trademark, intellectual property right, or other legal right
- uses "Freedom Flowers" or confusingly similar names, misspellings, or branding in a domain name, username, business name, or account name
- is unlawful, threatening, defamatory, obscene, harassing, deceptive, or otherwise objectionable in our sole judgment
- includes software, scripts, browser tools, or other mechanisms designed to divert commissions from other affiliates or interfere with affiliate tracking
- presents itself in a way that falsely suggests it is Freedom Flowers, is owned by Freedom Flowers, or is officially endorsed or operated by Freedom Flowers beyond ordinary affiliate participation
2.2 Use of Affiliate Links
If you are accepted into the program, you will receive access to an affiliate account and affiliate links through our affiliate platform. In order for sales to be tracked properly, you must use the affiliate links, codes, QR codes, or other tracking tools provided through the platform.
Only sales properly tracked through the affiliate system will qualify for commissions. Freedom Flowers does not manually assign, recreate, or retroactively add commissions for orders that were not tracked through the affiliate platform at the time of purchase.
2.3 Placement and Use Review
We reserve the right to review your site, content, email promotions, social media content, and link placement at any time to ensure compliance with this Agreement. We may require you to change or remove any content, claims, placements, or uses of our name, brand assets, or affiliate links.
2.4 Your Site and Content
You are solely responsible for the development, operation, maintenance, and updating of your website, content, emails, social channels, and promotional materials.
2.5 Legal Compliance
You are solely responsible for ensuring that your promotional activities comply with all applicable laws, rules, and regulations, including laws relating to advertising disclosures, privacy, intellectual property, email marketing, endorsements, testimonials, and consumer protection.
You are responsible for obtaining all permissions necessary to use any third-party content, including images, text, audio, video, trademarks, and copyrighted materials.
3. Freedom Flowers’ Rights and Obligations
3.1 Program Oversight
We may monitor affiliate activity, websites, social media, and other promotional channels at any time to determine compliance with this Agreement and the overall integrity of the program.
3.2 Fraud, Abuse, and Misconduct
We may suspend or terminate your participation in the program immediately, with or without notice, if we believe you have engaged in fraud, abuse, deceptive conduct, tracking manipulation, unauthorized brand use, prohibited promotional methods, or any other conduct that violates this Agreement or harms Freedom Flowers.
If fraud, abuse, or prohibited conduct is suspected or confirmed, Freedom Flowers may withhold or cancel unpaid commissions related to such conduct.
3.3 Inactive Accounts
We may terminate affiliate accounts that have no tracked sales for 120 days or more.
3.4 Agreement Start Date
This Agreement begins when we accept your affiliate application and continues until terminated in accordance with this Agreement.
4. Termination
Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Written notice may be given by email.
This Agreement will terminate immediately upon any breach of this Agreement by you.
Upon termination, you must immediately stop using all affiliate links, promotional materials, logos, trademarks, and other licensed materials provided by Freedom Flowers.
5. Modifications
We may update or modify this Agreement at any time in our sole discretion. If we do, we will notify you by email or by posting an updated version through the affiliate platform or our website.
Changes may include, but are not limited to, updates to commission rules, payment procedures, exclusions, promotional restrictions, or other program terms.
Your continued participation in the program after any such update becomes effective constitutes your acceptance of the revised Agreement. If you do not agree to the revised terms, your sole remedy is to terminate your participation in the program.
6. Payment
6.1 General Payment Terms
Commissions are tracked through our affiliate platform and are paid monthly on approved, qualifying sales to current affiliates in good standing.
Payments are generally processed within the first week of each month. Payment timing may vary due to holidays, weekends, payment processor delays, mailing delays, platform issues, fraud review, or verification needs.
6.2 Approved Payment Methods
Available payout methods are:
- Wise
- Cash App
- store credit
- mailed check
Freedom Flowers may update available payout methods from time to time.
6.3 Affiliate Responsibility for Payment Selection
You are solely responsible for selecting and maintaining a valid payout method in your affiliate account and for providing accurate payment details.
If you do not select a payout method before monthly payouts are processed, your approved commission balance will be issued as store credit to the Freedom Flowers customer account associated with your affiliate email address. Store credit issued in this way fully satisfies Freedom Flowers’ payment obligation for that commission amount.
6.4 Minimum Payout Amounts
The minimum payout for Wise, Cash App, or store credit is $10.00.
If your approved commission balance is below $10.00 at the time monthly payouts are processed, the balance will roll forward until the minimum payout amount is reached, unless otherwise provided under this Agreement.
The minimum payout for check payments is $30.00.
If you selected check as your payout method and your approved commission balance is below $30.00 at the time monthly payouts are processed, the balance will roll forward until the $30.00 minimum is reached.
6.5 Check Payments
If you choose payment by check and your approved commission balance is at least $30.00 when payouts are processed, Freedom Flowers will mail a check to the mailing address you provide. The cost of one current first-class postage stampwill be deducted from the check amount.
You are solely responsible for maintaining an accurate mailing address for check payments.
6.6 Inactive Accounts
Freedom Flowers may terminate affiliate accounts that have no tracked sales for 120 days or more, as provided elsewhere in this Agreement.
If Freedom Flowers closes an inactive affiliate account, any unpaid approved commission balance remaining in the account will be issued as store credit to the Freedom Flowers customer account associated with the affiliate’s email address, and such store credit fully satisfies Freedom Flowers’ payment obligation for that amount.
6.7 Tax Documentation
If your affiliate earnings reach any threshold that requires tax reporting, including earnings totaling more than $600 in a calendar year where applicable, Freedom Flowers may require a completed Form W-9 or other required tax documentation before issuing payment.
6.8 Withholding and Offsets
Freedom Flowers reserves the right to withhold, reverse, deny, or offset commissions in cases of fraud, chargebacks, returns, canceled orders, duplicate commissions, tracking errors, policy violations, or other improper activity.
6.9 No Manual Commission Assignment
Only transactions properly tracked through the affiliate platform at the time of purchase are eligible for commission. Freedom Flowers does not manually add commissions after an order has been placed.
7. Affiliate Account Access
You may be required to create login credentials to access the affiliate platform. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
The affiliate platform’s reports and records will govern our calculation of commissions unless we determine, in our sole discretion, that a correction is necessary.
8. Promotional Restrictions
8.1 General Standards
You may promote Freedom Flowers through your own websites, email lists, social media channels, and other approved channels, provided your promotional practices are lawful, honest, and consistent with this Agreement.
You must clearly represent yourself as an independent affiliate and not as Freedom Flowers, an employee of Freedom Flowers, or an officially authorized spokesperson unless separately approved in writing.
8.2 Prohibited Advertising Practices
The following promotional methods are prohibited:
- unsolicited commercial email or spam
- deceptive claims, false endorsements, or misleading representations
- impersonation of Freedom Flowers or confusing use of our brand identity
- use of paid ads, keyword bidding, handles, domains, or social profiles that imply official Freedom Flowers ownership or identity unless expressly authorized
- software, pop-ups, pop-unders, browser extensions, toolbars, adware, malware, cookie stuffing, forced clicks, or other deceptive attribution methods
- any attempt to overwrite, intercept, manipulate, or improperly trigger affiliate tracking
- posting commercial content where such posting is prohibited by the platform, group, or community rules
If we determine that you have used prohibited promotional methods, we may terminate your participation immediately and cancel unpaid commissions.
9. Grant of License
9.1 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use approved Freedom Flowers logos, brand assets, and promotional materials solely for participation in the affiliate program and only as expressly authorized by us.
9.2 Ownership
All rights, title, and interest in Freedom Flowers’ name, logos, trademarks, brand assets, website content, and promotional materials remain exclusively with Freedom Flowers. No ownership rights are transferred to you under this Agreement.
9.3 Restrictions
You may not alter our brand assets in a misleading way, use them in any disparaging or unlawful manner, or use them in any manner that suggests sponsorship, partnership, employment, or endorsement beyond your status as an affiliate.
10. Disclaimer
The Freedom Flowers Affiliate Program, affiliate platform, website, and all related materials are provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, Freedom Flowers disclaims all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted operation, error-free tracking, or uninterrupted access to our site or the affiliate platform, and we are not liable for interruptions, delays, errors, or system failures.
11. Representations and Warranties
You represent and warrant that:
- you have full power and authority to enter into this Agreement
- this Agreement constitutes a valid and binding obligation on your part
- your participation in the affiliate program and your promotional activities will comply with applicable law
- your content and promotional materials will not infringe the rights of any third party
- you will not make false, misleading, unauthorized, or noncompliant statements about Freedom Flowers or our products
12. Limitation of Liability
To the fullest extent permitted by law, Freedom Flowers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to this Agreement or the affiliate program, including lost revenue, lost profits, lost business opportunities, or loss of goodwill, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Freedom Flowers’ total aggregate liability arising out of or relating to this Agreement will not exceed the total commissions actually paid to you under this Agreement during the twelve-month period preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Freedom Flowers, its affiliates, owners, officers, employees, contractors, agents, and representatives from and against any claims, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- your breach of this Agreement
- your website, social media, content, emails, ads, or promotional conduct
- any false, misleading, unlawful, or infringing content or conduct by you
- any claim that your materials or practices violated the rights of a third party or applicable law
14. Confidentiality
Any non-public business, technical, financial, program, customer, or operational information disclosed by one party to the other and identified as confidential, or that reasonably should be understood to be confidential, shall be kept confidential and shall not be used or disclosed except as necessary to perform under this Agreement or as required by law.
15. Miscellaneous
15.1 Independent Contractor
You are an independent contractor. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, employment, or fiduciary relationship between you and Freedom Flowers.
15.2 Assignment
You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, sale of assets, or other business transfer.
15.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflicts of law principles.
15.4 Entire Agreement
This Agreement constitutes the entire agreement between you and Freedom Flowers regarding the affiliate program and supersedes all prior or contemporaneous communications, understandings, or agreements relating to the program.
15.5 Waiver
No waiver of any provision of this Agreement shall be effective unless in writing. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
15.6 Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.7 Headings
Section headings are for convenience only and do not affect interpretation.
16. Commission Exclusions and Program Rules
You agree that:
- you will not earn commissions on your own purchases
- you will not earn commissions on wholesale purchases
- excluded products or categories may include, without limitation, Vital Essence products, as designated by Freedom Flowers from time to time
- commissions apply only to qualifying sales that meet current program rules and are properly tracked through the affiliate platform
