My Store Affiliate Program – Terms & Conditions

A. Overview

This Agreement sets forth the terms and conditions (the "Terms") governing your participation in the Affiliate Program (the "Program") operated by My Store, representing the brand My Store ("My Store," "we," "us," or "our").

By applying to or participating in the Program, you expressly agree to comply with and be legally bound by these Terms.

FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF YOUR AFFILIATE ACCOUNT AND ALL RELATED PRIVILEGES, AS WELL AS FORFEITURE OF ANY UNPAID COMMISSIONS.

My Store reserves the right to pursue any and all claims, legal and equitable, arising from any violation of these Terms.

My Store retains sole and exclusive discretion over the approval, acceptance, and/or rejection of any application to join or participate in the Program.

My Store reserves the right to modify these Terms at any time. My Store will provide notice of material changes by email or by posting the updated Terms. Except as provided in Section D, changes apply prospectively from the date of posting and will not reduce Commissions already approved for payment. Your continued participation in the Program following any change constitutes your agreement to be bound by such modifications.

B. Your Affiliate Link and Commission

Upon acceptance into the Program, My Store will provide you with a unique Affiliate Link. You are permitted to maintain only one (1) Affiliate Link.

Using multiple Affiliate Links or attempting to self-refer constitutes grounds for immediate termination and forfeiture of all unpaid commissions.

You may earn a ten percent (10%) commission ("Commission") on the Net Revenue received by My Store for each Qualifying Purchase made through your Affiliate Link.

Net Revenue means the amount actually paid by the customer for the products purchased, excluding:

Commissions shall not be earned on purchases made using employee discounts, wholesale pricing, or any promotional codes not expressly approved by My Store for commission eligibility.

Commissions will become eligible for payment 30 days after the date of sale, provided the corresponding order has not been refunded, canceled, or disputed.

My Store reserves the right to audit and adjust commissions if any errors, fraudulent activity, or ineligible transactions are discovered, regardless of when such discrepancies are identified. If a Commission has already been paid on a transaction that is later found to be ineligible, My Store may deduct the corresponding amount from your future payouts or require repayment of that amount.

My Store reserves the right to request, and you agree to provide upon request, valid government-issued identification, a completed IRS Form W-9 (or Form W-8BEN for non-U.S. affiliates), and any additional information reasonably required to verify your identity, tax status, and eligibility prior to the release of any commission payments.

Payouts are not automatic and are issued upon request only. Payout requests may be submitted once your approved commission balance reaches a minimum of $100 USD. Balances below this threshold will remain pending until the threshold is met.

Affiliates who have generated a minimum of $100 USD in commissions must contact us at hello@emmafy.co in order to request and receive their payout. Payout requests will be processed within seven (7) business days of receipt. Payments will be made via bank wire transfer or PayPal, at the affiliate's election.

My Store will pay commissions in accordance with its then-applicable payment policies and reserves the right to modify such policies at its sole discretion.

You are solely responsible for providing and maintaining accurate payment information. My Store is not liable for payment delays resulting from outdated or incorrect payment details.

C. Permitted Uses of Your Affiliate Link

You may promote your Affiliate Link exclusively to your personal audience, friends, and family through the following channels:

My Store grants you a limited, non-exclusive, non-transferable, revocable license to use My Store's trade names, trademarks, and approved marketing materials solely to promote your Affiliate Link in accordance with these Terms. This license terminates automatically upon termination of your participation in the Program.

All promotions must comply with applicable laws, including FTC disclosure requirements, and these Terms.

D. Prohibited Uses of Your Affiliate Link

Prohibited conduct includes, but is not limited to:

My Store reserves the right to retroactively apply any policy updates or clarifications regarding prohibited practices if such practices are determined in My Store's sole discretion to be inconsistent with the spirit of the Program.

Violation of this Section will result in immediate termination and forfeiture of all unpaid commissions.

E. Representations and Warranties

You represent and warrant that:

(a) You have the legal authority to enter into this Agreement.

(b) Your participation will not violate any applicable laws or agreements with third parties.

(c) You will not infringe any intellectual property, privacy, publicity, or proprietary rights of any third party.

(d) Your promotional materials will not be defamatory, obscene, harassing, hateful, or otherwise objectionable or misleading.

(e) You agree to comply with all applicable advertising, marketing, and disclosure laws and regulations, including, without limitation, the Federal Trade Commission (FTC) Endorsement Guides. You shall be solely responsible for ensuring that all marketing and promotional content includes clear and conspicuous disclosures of your affiliate relationship with My Store.

F. Term

This Agreement commences upon acceptance of your application and remains in effect until terminated by either party.

My Store may terminate your participation at any time, immediately and without notice, with or without cause.

Upon termination, My Store will provide a final report detailing any commissions earned as of the termination date. Approved commission balances that meet the $100 USD payout threshold as of the termination date remain payable upon request in accordance with Section B. Any commission balance below the $100 USD payout threshold as of the termination date is forfeited and will not be paid. Commissions forfeited due to violations of these Terms will not be paid.

Upon termination, you must immediately cease all use of your Affiliate Link, My Store's trademarks, trade names, and marketing materials, and remove your Affiliate Link from all channels where you have shared it.

G. Protection of Confidential and Proprietary Information

At all times during your participation and thereafter, you agree to hold in strict confidence and not disclose, use, or publish any Proprietary Information belonging to My Store without prior written authorization.

Proprietary Information includes any non-public, confidential, or trade secret information about My Store's products, marketing plans, business operations, or other business affairs.

The obligations under this Section G shall survive the termination of this Agreement indefinitely.

This obligation does not apply to information that:

(i) Becomes publicly available through no fault of your own;

(ii) Is lawfully obtained without restriction from a third party; or

(iii) Is independently developed without reference to My Store's confidential information.

H. Indemnification

You agree to indemnify, defend, and hold harmless My Store, its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

My Store reserves the right to participate in the defense of any indemnified claim at its expense.

The obligations under this Section H shall survive the termination of this Agreement.

I. No Publicity

You may not issue any press release or public statement referring to your participation in the Program without My Store's prior written consent. Nothing in this Section restricts any disclosure required by applicable law, including the affiliate-relationship disclosures required under the FTC Endorsement Guides.

J. Non-Disparagement

You agree not to criticize, disparage, or otherwise make negative statements, whether orally or in writing, about My Store, its products, business practices, employees, or affiliates.

The obligations under this Section J shall survive the termination of this Agreement for a period of twelve (12) months.

K. Miscellaneous

Independent Contractor. You acknowledge that you are participating as an independent contractor. Nothing in this Agreement shall be construed as creating any partnership, joint venture, employment, or agency relationship. You will not receive company-sponsored benefits and are responsible for your own taxes.

Non-Solicitation. You agree not to solicit or attempt to solicit for employment any employee, contractor, or consultant of My Store during the term of this Agreement and for twelve (12) months thereafter. The obligations under this provision shall survive the termination of this Agreement.

Content License. You grant My Store a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, and republish any content you create and publish in connection with the Program, including your name, image, voice, and likeness as they appear in such content, for My Store's marketing and advertising purposes across any channel, including social media, e-commerce platforms, email marketing, and paid advertising. This license shall survive the termination of this Agreement with respect to content created during your participation.

Assignment. You may not assign any rights or obligations under this Agreement without My Store's prior written consent. My Store may assign this Agreement to an affiliate or successor without your consent.

Limitation of Liability. In no event shall My Store be liable to you for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages. My Store's total liability shall not exceed the total commissions paid or payable to you under this Agreement.

Governing Law and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming. Any dispute shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Cheyenne, Wyoming. All proceedings shall be conducted in English. Each party waives any right to participate in a class action, class arbitration, or any other representative proceeding, and each party waives any right to a jury trial. For disputes involving amounts of one thousand dollars ($1,000) or less, the parties agree to use the AAA's Expedited Procedures, and My Store shall bear all arbitration filing fees.

Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Failure to enforce any provision will not constitute a waiver of future enforcement of that provision or any other provision.

Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, payment processor outages, pandemics, or other force majeure events.

Entire Agreement. These Terms constitute the entire agreement governing your participation in the Program and supersede any prior agreements or understandings.

Knowing and Voluntary Agreement. By applying and participating, you acknowledge that:

Affiliates who have generated a minimum of $100 USD in commissions must contact us at hello@emmafy.co in order to request and receive their payout.