Affiliate Agreement

1. Agreement Overview

This Affiliate Agreement ("Agreement") is between you ("Affiliate," "you," or "your") and Daly Planet Productions LLC ("Company," "we," "us," or "our"). By applying for or participating in our affiliate program, you agree to be bound by these terms.

This Agreement governs your participation in the Gather & Gasp Affiliate Program and supersedes any prior agreements or understandings regarding affiliate activities.

2. Commission Structure

2.1 Standard Commissions

2.2 Performance Bonuses

Top-performing affiliates may qualify for enhanced commission rates:

• Silver Tier (10+ sales/month): +2% bonus on all commissions
• Gold Tier (25+ sales/month): +5% bonus on all commissions
• Platinum Tier (50+ sales/month): +8% bonus plus dedicated account manager

2.3 Commission Calculations

• Commissions are calculated on the net sale amount (excluding taxes and fees)
• Refunded orders will result in commission clawback
• Self-referrals are not eligible for commissions
• Commissions are tracked via your unique affiliate link or code

3. Payment Terms

3.1 Payment Schedule

• Payments are processed monthly, within 15 days of the month end
• Minimum payout threshold: $50 USD
• Balances below threshold roll over to the next month
• Commissions are held for 30 days after the sale to account for refunds

3.2 Payment Methods

• PayPal (preferred)
• Direct bank transfer (ACH for US affiliates)
• Wise for international transfers

3.3 Tax Obligations

You are responsible for all applicable taxes on your affiliate earnings. US affiliates earning over $600 annually will receive a 1099-NEC form. We may require tax documentation before processing payments.

4. Marketing Guidelines

4.1 Approved Marketing Activities

• Blog posts, articles, and reviews about our products
• Social media promotion on your own channels
• Email marketing to your own subscriber list (with proper consent)
• YouTube videos, podcasts, and other content creation
• Party planning websites and event resource pages

4.2 Brand Guidelines

• Use only approved logos, images, and marketing materials from our affiliate portal
• Do not modify our branding without written permission
• Clearly represent the nature of our products (custom digital content)
• Maintain accurate pricing and product information

4.3 Disclosure Requirements

You must comply with FTC disclosure requirements and similar regulations:

• Clearly disclose your affiliate relationship in all promotional content
• Use language such as "affiliate link," "I earn a commission," or similar
• Place disclosures prominently and before the affiliate link
• Ensure disclosures are visible on all platforms (social media, email, blogs)

5. Prohibited Practices

The following activities are strictly prohibited and will result in immediate termination and forfeiture of unpaid commissions:

5.1 Advertising Violations

• Bidding on branded keywords ("Gather & Gasp," "Gather Gasp") in paid search
• Running ads that directly link to our site without approval
• Using pop-ups, pop-unders, or forced clicks
• Cookie stuffing or other fraudulent tracking methods

5.2 Content Violations

• Making false or misleading claims about our products
• Promoting on adult, violent, or illegal content websites
• Spamming or unsolicited bulk messaging
• Impersonating Gather & Gasp or claiming official partnership without approval

5.3 Other Violations

• Self-referral purchases to earn commissions
• Creating fake accounts or reviews
• Incentivizing purchases solely for commission (e.g., offering cashback)
• Violating any applicable laws or regulations

6. Termination Conditions

6.1 Termination by Either Party

Either party may terminate this Agreement at any time with 30 days written notice via email. Upon termination:

• You must remove all affiliate links and Gather & Gasp branding
• Pending commissions will be paid according to normal schedule (if above threshold)
• Access to affiliate portal and materials will be revoked

6.2 Immediate Termination

We may terminate immediately without notice for:

• Violation of prohibited practices listed above
• Fraud or illegal activity
• Damage to our brand reputation
• Inactivity for 12 consecutive months

In cases of immediate termination for cause, all unpaid commissions are forfeited.

6.3 Program Changes

We reserve the right to modify commission rates, terms, or discontinue the program with 30 days notice. Continued participation after notice constitutes acceptance.

7. General Terms

7.1 Relationship

You are an independent contractor, not an employee, agent, or partner of Gather & Gasp LLC. This Agreement does not create any employment, partnership, or joint venture.

7.2 Confidentiality

Commission rates, program statistics, and other non-public information shared with you are confidential and may not be disclosed without our written consent.

7.3 Limitation of Liability

Our liability under this Agreement is limited to unpaid commissions earned in compliance with these terms. We are not liable for any indirect, incidental, or consequential damages.

7.4 Governing Law

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles.

8. How to Apply

Ready to join our affiliate program? Here is how to get started:

1. Apply Online: Submit your application through our affiliate portal at affiliates.gatherandgasp.com
2. Review Period: Applications are reviewed within 5 business days
3. Onboarding: Approved affiliates receive access to marketing materials, tracking links, and reporting dashboard
4. Start Earning: Share your unique link and earn commissions on qualifying sales

9. Contact Us

Questions about our affiliate program? We are here to help:

Affiliate Support: affiliates@gatherandgasp.com

Affiliate Portal: affiliates.gatherandgasp.com