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Terms and Conditions

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C60 Shop, Inc Terms *
AFFILIATE PROMOTER CONTRACT The agreement is between ________ (“Affiliate Promoter”) and C60 Shop, Inc. d/b/a C60 Power (“Company”) as of _______, 2022 and defines the general terms of the relationship between the Company and the Affiliate Promoter. Independent Contractor: The Affiliate Promoter is an independent contractor and will be required to supply a current W9 to the company upon execution of the contract. The affiliate agrees to keep current with C60 his/her current mailing address, phone number, email, and social media channels. As an independent contractor, Affiliate Promoter is responsible for paying all their own taxes on payment from the Company. Affiliate Promoter is also required to make all their own Worker’s Compensation, Medicare, Medicaid, and Social Security payments.  Term: This contract is a month-to-month contract that renews automatically on the 1st of each month. This Contract may be cancelled by Company at any time with written notice and may be canceled by Affiliate Promoter with 30 days written notice. Exclusivity: The Affiliate Promoter will exclusively promote products of Company as the only C60 product they promote. The Affiliate Promoter may promote other products or brands not representing or containing C60 molecules. Company may hire other Affiliate Promoters and does not need to inform current affiliate promoters nor get any form of consent from them. Affiliate Promoters may collaborate with Company, with New Media Marketing, and with one another for cross-marketing and sales generation purposes as they see fit.  Application: Affiliate Promoter should submit a letter of interest including a general promotion plan overview, a list of social media channels used, and intended hashtags for C60 promotional use to: partnerships@shopc60.com. Attached to this agreement as (“Exhibit A”) will include: letter of interest, name, email, phone number, mailing address, campaign start date, and links to the affiliate's social media channels (Instagram, Twitter, LinkedIn, Facebook, YouTube, Personal Website, Other platforms). Marketing:   Affiliate Promoter grants the Company an exclusive, perpetual, and worldwide license to use any content generated by Affiliate Promoter that does not directly reference Affiliate Promoter’s name, likeness, title, trademarks, or logos. Affiliate Promoter grants Company a non-exclusive license to use their name, title, trademarks, and logos in any advertisement or other materials used to promote Company products to be used by Company at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program. Affiliate Promoter may delete any posts made for Company 6 months after this contract is terminated. Affiliate Promoter shall remove any promotion mentioning Company or Company products at Company’s request and sole discretion promptly. This responsibility survives this contract indefinitely and refusal to do so shall be treated as disparagement, treatment of which is defined below. Affiliate Promoter may create original content, use Company content, repurpose Company content, and may use logos owned by Company, Company name and website in their promotions through the duration of the contract. The Affiliate Promoter grants permission to Company to use his/her name, and social media channels for general marketing purposes through the duration of the contract.  Ken “the Scientist" Swartz, Chief Science Officer, can be available for Affiliate Promoter interviews, planned promotions, an/or as a resource to help answer any science related questions the affiliate may have. Please coordinate all requests for “Ken the Scientist” through partnerships@c60purplepower.com.  Rules of Engagement: Affiliate Promoter agrees to align to Company's intended mission to raise awareness in the general public via research, science, and education while promoting health, wellness, and wellbeing. Affiliate Promoter will not disparage, harass, defame, or incite violence with any groups or individuals online. FTC Endorsement and Anti-spam Compliance: Affiliate Promoter agrees to adhere to FTC 255 Endorsement Rules. It is the intent of Company to treat all customers fairly. Accordingly, we require all Affiliate Promoters to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Company’s Products and Services must prominently disclose the fact that you receive compensation for Referred Customers. You are advised to seek and obtain your own legal advice on how FTC rules apply to your website or other promotional activities for which you receive compensation. Company reserves the right to withhold Commission Fees and cancel this contract should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant. Affiliate Promoter shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (also known as "SPAM") without prior written consent from Company, to be granted or denied in Company’s sole discretion, in each instance. Additionally, you may only send emails regarding Company’s Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 14, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Contract by you and may result in; at Company’s sole discretion; the forfeiture by you of any and all rights to commissions due and termination of this contract. Confidentiality: Affiliate Promoter agrees to maintain and protect and keep Company related information confidential including New Media as marketing agent, and will only promote publicly, relevant, product related information, including details regarding sales, new products, or company provided information. Non-compete: Affiliate Promoter agrees not to promote any products that may compete with Company while contracted with the Company and for a period of 6 months following the termination of this agreement. Affiliate Promoter will consult with Company before responding to any public commentary relating to Company's competitors, especially in the context of any communications that could be perceived as contentious. Non-disparagement: Affiliate Promoter agrees not to disparage Company for any reason. This condition shall survive the term of this contract and shall endure for all time, to the furthest extent enforceable by law. Violation of this term shall result in liquidated damages of an amount equal to all commissions paid to Affiliate Promotor by Company, which Affiliate Promotor agrees is a fair and reasonable amount. Additional compensation not limited to monetary compensation, injunction, shall be available to Company in addition to liquidated damages. Affiliate Promoter hereby consents to pay all Company’s legal fees in relation to any action related to Affiliate Promoter’s disparagement of Company. Disclaimer: Affiliate agrees to adhere to FDA guidelines. It is recommended that Affiliate should note in their promotional materials that “These statements and products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, prevent, or mitigate any disease. Individual results may vary.”  Payment: Affiliate Promoter will be provided a unique coupon code and affiliate link, which will allow Company to track all sales generated from Affiliate Promoter promotions. Affiliate Promoter will be paid percentage of total sales revenue generated through internet promotions less any (calculated after discounts from coupons). Affiliate will receive a 60-day cookie at Company-determined percentage for subscriptions. An Affiliate Promoter sales report will be visible by the first week of each month in their Everflow portal. Payments will be made once a month, by the 10th of each month, or sooner, for the previous month's sales. All questions can be submitted to partnerships@shopc60.com.  One-time compensation/Bonus: Additional compensation may be negotiated based on unique performance of one-time, or special, on-line promotions and sales generated due to affiliate's marketing efforts.  Referral Fees: Referral Fees may be negotiated based on Affiliate Promoter referring other affiliates to Company and/or successfully booking "Ken the Scientist" as a guest speaker on new YouTube, internet, radio and/or TV shows.  Product: Affiliate Promoter may be provided with sample bottles of C60 per month for personal and promotional uses. It is the responsibility of the Affiliate Promoter to inform Company of its preferences for bottle size and flavor. Request for sample bottles should be sent to partnerships@shopc60.com. Responsibility: The Affiliate is responsible to ensure that the Company has Affiliate’s current phone number, mailing address, W9, email address, and banking information for direct deposit payments on file. The Company has the right to cancel the affiliate contract and any outstanding payments owed if Affiliate is nonresponsive to Company’s good faith efforts and attempts to collect current information and/or make payments to Affiliate for more than 90 days. Disclaimers: Company makes no express or implied warranties or representations with respect to Company Products including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption. COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Governing Law: The laws of the State of Colorado will govern this Agreement, any action relating to this Agreement must be brought in the federal or state courts located in Denver County, Colorado and you irrevocably consent to the jurisdiction of such courts.
I agree to C60 Shop, Inc's Terms of Service