NADS® Affiliate Marketing Program Terms & Conditions

Please read the entire Agreement carefully before applying to become an authorized affiliate of

NADS®. If you are accepted into the NADS® Affiliate Marketing Program (the “Program”), these

terms and conditions shall constitute an agreement between you and NADS®.

Your agreement to serve as a NADS® affiliate is for the specific purpose to advertise, market,

and promote NADS®, the NADS® website, and our products. The Program rewards you for

referring our friends, family, colleagues, and beyond for visiting our website and then purchasing

our organic underwear. As detailed below, you will receive a commission on products purchased

by individuals that are referred by you, to the NADS® website.

Your application to join the Program constitutes an acceptance of the terms and conditions

detailed below, and this Agreement.

1. Program Registration: To participate in the Program, you must complete and submit the

online application form. NADS® reserves the right to accept or reject any Program

application at our sole discretion. Within 3-5 business days of submitting the

applications, NADS® will review your application and then send an email notification with

our decision. NADS® may also request additional information from you prior to reaching

a decision on your application. If approved, you will have access to a dashboard where

you can access your link and begin earning commissions.

2. Commissions and Payments:

a. As a Program affiliate, you will receive:

i. 10% commission for each sale made through your affiliate link/referral

code; and

ii. A single, personal, one-time use welcome code for 30% off your purchase

of NADS® underwear. This code is for you to purchase our underwear

and cannot be transferred to anyone else.

b. Commission are deemed “earned” 30 days after the sale is generated. If a

customer returns a product for a refund, the corresponding commission will be

deducted from your account. You will not earn a commission on any transactions

that result in a chargeback. If NADS® incurs a chargeback relating to any

transaction in which a commission was paid to you, the corresponding

commission amount will be deducted from your account.

c. You will not receive a commission on your own purchases of NADS® products.

d. Commissions are paid on a monthly basis, within the first week of every month.

e. Commissions will be paid via PayPal.

3. Prohibited Activities: Affiliates are prohibited from the following acts:

a. Using paid advertising to promote affiliate links, including but not limited to,

Google AdWords, Facebook Ads, and similar platforms.

b. Misleading or deceiving customers.

c. Violating intellectual property rights of NADS® or others.

d. Engaging in spamming or sending unsolicited emails.

e. Failing to disclose your participation in the Program and status as an affiliate for

any promotion or endorsement.

f. Self-referrals or any form of fraud, deception, or unjust enrichment relating to

your participation in the Program.

4. Compliance: As an affiliate, you agree to:

a. Comply with all applicable state and federal laws and regulations, including but

not limited to, the Federal Trade Commission (FTC) guidelines on endorsements

and testimonials.

b. Clearly and conspicuously disclose your affiliate relationship with NADS® in all

promotional materials and communications as required by law.

c. Not engage in any activities that would violate any laws, including but not limited

to, deceptive advertising practices, false representations, or unfair competition.

5. Termination:

a. NADS® reserves the right to suspend or terminate this Agreement and your

participation in the Program, at any time, with or without cause.

b. If you are suspected of engaging in any of the above Prohibited Activities, this

Agreement and your Participation in the Program will be suspended, pending an

internal investigation. During the suspension, no earned commissions will be

paid.

c. If NADS®, in its sole discretion, determines that you have engaged in a

Prohibited Activity, any and all earned, but unpaid, commissions will be deemed

null and void. Additionally, NADS® reserves all rights and remedies to recover

paid commissions to you.

d. You may terminate this Agreement by providing us with written notice.

e. Upon termination, you will cease using all promotional materials, affiliate links,

referral codes, etc. No commissions will be earned after the termination date.

f. If this Agreement and your participation in the Program is without cause, any

outstanding commissions earned by you prior to the termination date, will be paid

in the next payout cycle following termination.

6. Intellectual Property:

a. All promotional materials provided to you by NADS®, including all logos,

trademarks, copyrights, and other intellectual property, remains the property of

NADS®. You are granted a non-exclusive, non-transferable license to use these

materials solely for the purpose of promoting NADS® products.

7. Liability:

a. NADS® will not be liable for any indirect, incidental, or consequential damages,

including but not limited to loss of revenue, commissions, or data, resulting from

i. Failures in affiliate tracking systems;

ii. Loss or corruption of database files;

iii. Any actions by third parties intended to harm the Program, or

service providers, or our website.

8. Indemnification:

a. As an affiliate, you agree to indemnify, defend, and hold harmless NADS® and its

affiliates, directors, officers, employees, and agents from and against any and all

claims, liabilities, damages, losses, or expenses, including reasonable attorney’s

fees and costs, arising out of or in any way connected with your participation in

the Program, your use of the affiliate links, or any breach of this Agreement.

NADS may, at its election, assume the defense, settlement or other resolution of

such claim with counsel of its own choosing, at Influencer’s cost and expense.

9. Modification:

a. We may modify any of the terms and conditions within this Agreement at any

time at our sole discretion. You will be notified of any changes via email.

Modifications may include, but are not limited to, changes in the scope of

available commissions, commission schedules, and Program rules.

b. If you find any modification to the terms to be unacceptable, your sole remedy is

to terminate this Agreement and your participation in the Program. Your

continuing participation in the Program constitutes an acceptance of any and all

changes, without reservation.

10. Governing Law and Mediation:

a. This Agreement, and your participation in the Program, shall be governed by and

interpreted in accordance with the laws of Florida, without regard to conflict of

law principles.

b. In the event of any dispute, claim, question, or disagreement arising from or

relating to this Agreement, the parties shall first use their best efforts to settle the

dispute, claim, question, or disagreement. To this effect, they shall consult and

negotiate with each other in good faith and, recognizing their mutual interests,

attempt to reach a just and equitable solution satisfactory to both parties. If they

do not reach such solution within a period of 30 days, then, upon notice by either

party to the other, all disputes, claims, questions, or differences shall be finally

settled by mediation administered through Endispute™ by JAMS. If

c. If you do do not respond to NADS® good faith efforts to settle the dispute,

NADS® may, at its sole discretion, bring a lawsuit against you in a court of

competent jurisdiction located in Palm Beach County, Florida.

11. Miscellaneous

a. This Agreement constitutes the entire agreement between you and NADS®

b. If any provision of this Agreement is held to be invalid or unenforceable, such

provision shall be struck and the remaining provisions shall be enforced.

c. The failure of NADS® to enforce any right or provision of this

Agreement shall not constitute a waiver of such right or provision.

Privacy Policy for Affiliate Marketing Program

NADS® ("we", "us", "our") is committed to protecting your privacy. This Privacy Policy explains

how we collect, use, disclose, and safeguard your information when you participate in our

Affiliate Marketing Program ("Program"). Please read this privacy policy carefully. If you do not

agree with the terms of this privacy policy, please do not participate in the Program.

1. Information we collect: We may collect information about you in a variety of ways. The

information we collect includes

a. Personal Data: Personally identifiable information, such as your name, shipping

address, email address, phone number, and demographic information, such as

your age, gender, hometown, and interests that you voluntarily give to us when

you register for the Program or when you choose to participate in various

activities related to the Program.

b. Financial Data: information relating to commissions earned and paid to you.

c. Affiliate Activity Data: Information about your performance in the Program,

including but not limited to, clicks on your affiliate links, sales generated through

your affiliate links, and commissions earned.

d. Customer Data: Information collected from customers who purchase products or

services through your affiliate links, such as their name, email address, shipping

address, and order details.

2. Use of Your Information: Having accurate information about you permits us to provide

you with an efficient experience in our Program. Specifically, we may use information

collected about you to:

a. Process your registration and manage your participation in the Program.

b. Track your sales and commissions.

c. Issue payments to you.

d. Communicate with you regarding your account and participation in the Program.

e. Provide customer support.

f. Send you newsletters, promotions, and marketing information related to the

Program.

g. Monitor and analyze usage and trends to improve your experience with the

Program.

h. Detect and prevent fraud and abuse.

i. Comply with legal and regulatory requirements.

3. Disclosure: Your information may be disclosed as follows:

a. If we believe the release of information about you is necessary to respond to

legal process, to investigate or remedy potential violations of our policies, or to

protect the rights, property, and safety of others, we may share your information

as permitted or required by any applicable law, rule, or regulation.

b. We may share your information with third parties that perform services for us or

on our behalf, including payment processing, data analysis, email delivery,

hosting services, customer service, and marketing assistance.

c. We may share or transfer your information in connection with, or during

negotiations of, any merger, sale of company assets, financing, or acquisition of

all or a portion of our business to another company.

4. Security:

a. We have taken reasonable steps to secure the personal information you provide

to us, however be aware that despite our efforts, no security measures are

perfect or impenetrable, and no method of data transmission can be guaranteed

against any interception or other type of misuse.

5. Your Rights:

a. Depending on your location, you may have the right to request access to the

personal information we have about you, to request that your personal

information be corrected or updated, and to request the deletion of your personal

information. To make such a request, please contact us at

[email protected]. provided below. We will consider and act upon any

request in accordance with applicable data protection laws.

6. Data Retention:

a. We will retain your information for our records as long as necessary in order to

provide you with the Program services, comply with our legal obligations, resolve

disputes, and enforce our agreements. Customer data collected through your

affiliate links will be retained as long as necessary to track sales and pay

commissions, as required under all laws and regulations, or as otherwise

permissible under NADS® customer privacy policy. until you request us to delete

this information. If you wish to request that we no longer use your information to

provide you with Program services, please contact us using the contact

information provided below.

7. Modifications:

a. We may update this Privacy Policy from time to time in order to reflect changes to

our practices or for other operational, legal, or regulatory reasons. We will notify

you of any material changes by posting the new Privacy Policy on our website.

You are advised to review this Privacy Policy periodically for any changes.

8. Contact Us: If you have questions or comments about this Privacy Policy, please contact

us at:

NADS

32 SE 2nd Ave Unit 218

Delray Beach, FL, 33444