This Agreement contains the terms and conditions upon which we offer you participation in the REFYNE, LLC, d/b/a REFYNE.com, Affiliate Program (the “Program”). The Program is being managed by Refersion, our affiliate marketing platform, to facilitate relationships with our affiliates and to provide tracking, reporting, and management of commission payments. Acceptance of this Agreement by participating in the Program creates a binding legal agreement between REFYNE, LLC. (“REFYNE") and you.  As used in this Agreement, "we" or “us” means REFYNE, "you" means the participant in the Program, and "our Website” means www.REFYNE.com.  This Agreement supplements the REFYNE.com Terms and Conditions, and Privacy Policy which is incorporated by this reference.

1. Enrollment In The Program 

The purpose of the Program is to promote the sale of products offered on our Website. To begin the enrollment process, you must submit an application through the Program Registration Page on our Website. When you provide information during the registration process, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application for any reason at our sole discretion. We may reject applications related to websites that: (i) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (ii) promote violence, hate, illegal activities, or display sexually explicit materials; (iii) are intended to harass or defame anyone; or (iv) otherwise violate our intellectual property rights or those of others. We have the right, in our sole discretion, to monitor your website at any time to determine if you are in compliance with the terms of this Agreement.  If we reject your application, you are welcome to reapply to the Program at any time for our reconsideration. ***NO COUPON SITES WILL BE ACCEPTED)***

2. Program Links To Our Website

If you have been notified that you have been accepted into the Program we may, at our option, enable you to provide on your Website one or more of the following types of links to our Website: Affiliate Links, Coupon Codes, or Email Triggers (collectively, “Program Links”). These links are to permit accurate tracking, reporting, and accrual of commissions and may be provided to you in the Program

Registration Page on our Website. You must ensure that each link between your website and our Website is a Program Link. You will earn commissions on sales that originate through Program Links. In order for you to be eligible for a commission on any purchase (including future purchases by a repeat customer), the customer must purchase from REYNE.com through your Program Link. We are not responsible for any failure by you to use Program Links. Please note that you may only earn commissions by referring customers to REFYNE.com. Affiliate shall not modify the Program Links in any way. We will not be responsible for errors that occur in the tracking of transactions if the Affiliate has made or caused any such modification.

3. Use of Content

We may provide you with product images, graphics, logos, and other content (“Content”) through the Program Registration Page on our Website. Any content that we provide to you is the property of REFYNE, LLC or its content suppliers and is protected by the United States and international copyright laws. We grant you a limited, nonexclusive, non-transferable, revocable license right to use the Content solely for purposes of your participation in the Program. You may not sublicense any Content to any other person or party. Content cannot be used in any form other than the form provided by us. We reserve all of our rights to the Content. You may not: (a) alter, modify or change any Content or create any derivative Content; (b) use Content in any form other than that provided by us; (c) remove any code or identifying information from any Content; (d) inactivate a link associated with any Content or cause the Content to link to a destination other than our Website; or (e) link to or display any Content that describes a product after it has been discontinued from the REFYNE.com product catalog.

4. Limited License for use of REFYNE Logos/Trademarks

We grant to the Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the REFYNE website through the Links, and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.

5. Ownership 

As between Affiliate and REFYNE, LLC, REFYNE shall own all rights, title, and interest, including all Intellectual Property Rights, in and to the REFYNE website, the Program, and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract, and licensing rights, goodwill, and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

6. Additional Program Restrictions 

Be courteous and polite when you are promoting REFYNE.com. Any affiliate using illegal or unethical marketing methods or spam will be immediately terminated from the Program. You agree to the following restrictions: 

(a) You must follow common search engine guidelines, such as (1) your display URL must match the ultimate actual destination URL; (2) you may not frame our website as a landing page; and (3) you may not create "redirects" or "jump pages" that immediately direct to our website.

(b) You may not engage in any conduct that violates the CAN-SPAM Act of 2003, as amended, or any privacy or data protection law of any jurisdiction.

(c) You may not enable any sales that are not in good faith, such as using any device, public coupon site, program, robot, Iframe, hidden frame or redirect.

(d) You may not use any device or technology that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a Web user's access, view, or usage of, our Website or of any affiliate of ours in a manner that causes or otherwise results in a different experience from what was otherwise intended by our affiliate. 

(e) You may not use any device or technology that will block, alter, direct, redirect, substitute, insert, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from the website of any affiliate of ours with the result of reducing any compensation or other payment earned by or owing to such affiliate.  

(f) You may not issue or post any press release or other broad-based communication regarding your participation in the Program unless you receive our prior written consent. You may promote your website via mailings to recipients who are customers or subscribers to your website's services, provided that the recipients have the option to remove themselves from future mailings and that you otherwise comply with all applicable laws of your jurisdiction. Further, you may promote your website via newsgroup postings to newsgroups that welcome commercial messages.   

(g) You may promote your affiliate store on social media platforms provided that you use the correct and appropriate name and brand likeness. This includes the following:

(1) Correct spelling and capitalization of our brand's name - REFYNE;

(2) When tagging us in social media posts, you must utilize our correct handle which is: @refyneco; and

(3) You are not required to include our hashtags but if you do, ensure that you use the correct form: #REFYNE.

(h) We do not permit any promoters of coupons or other discounts to join the Program. No commissions shall be payable to any such parties. The Program is void where prohibited.

(i) You will not promote any products or services to children under the age of thirteen (13). 

We reserve the right to modify these rules at any time. If we determine, in our sole discretion, that you have violated any of the foregoing restrictions, we may withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees or expenses that we may incur.

7. Order Processing 

We will process product orders placed by customers who follow a Program Link from your website to our Website. We reserve the right to reject orders that do not comply with any requirements that we may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. Through Refersion, our affiliate marketing platform, we will track sales made to customers who purchase products using Program Links and will make available to you reports summarizing this sales activity. You will not receive any of our individual customer information. 

8. Payments 

You will be eligible to earn affiliate payments on certain product sales in accordance with Section 9 below. For a product sale to be eligible for payments, the customer must follow a Program Link from your website to our Website, select and purchase the product using our service provider’s shopping platform, and remit full payment to us. No affiliate payments will be paid if the visitor to the affiliate’s website cannot be tracked by our system. 

9. Earning Affiliate Payments 

We may pay affiliates based on a percentage of sales, a flat rate, or a tiered commission structure. The payment method and percentage are subject to change from time to time, at our sole discretion. Certain affiliates may receive offers to be paid under different commission structures as we may determine from time to time. If a product that generated commissions is returned by the customer, we will deduct the corresponding commission from your next commission payment. All commission-related data under the Program is collected, calculated, and managed by Refersion, our affiliate marketing platform, and its data will be the only valid basis used for determining commissions.

10. Length of Cookie Purchase Period 

Our Program uses a thirty (30) day cookie purchase period. This means that if a visitor to your website clicks through a Program Link to our Website, you will be eligible for commissions related to purchases made by your visitor within seven (7) days of its click on the Program Link on your website. We will pay commissions to only one affiliate for purchases associated with a given cookie. To the extent multiple affiliates request payments, Refersion shall determine which affiliate to pay. Its decision shall be final and binding. We may change the length of our cookie period from time to time.

11. Commission Payments

Commission off of any sales made will be paid to your PayPal account on the 15th and 30th of each month. Please make sure to include the correct email address connected to your PayPal account to ensure you get paid out each month. Without this, we cannot make payments to you. You authorize us to share with PayPal such information and other transaction information necessary for our use of the payment processing services provided by PayPal.

No commissions will be paid to you until you have accrued affiliate payments of at least $25.00. Any money held in your account will not collect interest. If a product that generated commissions is returned by the customer, we will deduct the corresponding commission from your next commission payment. If there is no subsequent affiliate payment to you, we will send you a bill for the commission. Affiliate accounts that are “abandoned” will be removed from the Program if their balance is less than $25. An abandoned account is any account that has not been logged into for a period of one (1) year without any transactions having been posted to that account.

12. Customer Policies And Pricing

Customers who buy products through the Program are customers of REFYNE.com. All of our rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

13. Special Rules for Endorsements

All endorsements made by you in connection with any promotions of any product will be accurate and contain all disclosures and disclaimers necessary to prevent such endorsements from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and comply with all U.S. federal and state laws, including U.S. Federal Trade Commission ("FTC") regulations, policies, and guidelines governing advertising, disclosure, and consumer protection, including the FTC's Endorsement Guidelines.

The Guidelines may be found here:

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf

14. Responsibility For Your Website  

You will be solely responsible for the development, operation, and maintenance of your website and for all materials or content that appear on your website. You are responsible for ensuring that materials posted on your website do not infringe the intellectual property rights of any person or entity. You must have express permission to use another party's intellectual property. We will not be responsible if you use another party's intellectual property in violation of their rights. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your website.

15. Data Protection 

If you receive any personal identifying information from our customers (“PII") or process such PII under the Program, you warrant, represent, and covenant to us that you will comply with all applicable privacy and data protection laws rules, and regulations. You agree to implement appropriate systems and processes to comply with this requirement. As such you shall establish and maintain physical, electronic, and procedural safeguards to prevent unauthorized access, use, copying, disclosure, modification, transference, destruction, loss, or alteration of any PII during your use, transmission, or storage of any such PII under the Program. If you receive any PII from our customers, you will: (1) indemnify us for any claim, expense, demand, or cost-related to your receipt or use of such information or violation of any privacy law or regulation; (2) upon request, provide us with information sufficient to demonstrate your compliance with this section, and allow us to audit your data practices if necessary in our sole discretion; and (3) manage such PII as we may direct.

16. Term 

The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, you will immediately cease use of, and remove from your website, all Program Links, the Content, all of our Marks, and all other materials provided by us in connection with the Program. You are only eligible to earn commissions during the term of this Agreement, and commissions earned through the date of termination will remain payable subject to Section 8 above. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

17. Modification

We may modify any provision of this Agreement at any time by posting a change notice or a new agreement on our Website. We may also announce changes to the terms of this Agreement by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our Website will constitute your acceptance of the change.

18. Limitation Of Liability; Indemnification

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the 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 Program will not exceed the total commission fees paid or payable to you under this Agreement within the last six (6) months. Unless you notify us of a discrepancy in your commission payments within six (6) months from the date of the applicable payment, such payment shall be deemed accepted and no protest shall be allowed. You hereby agree to indemnify and hold harmless REFYNE, LLC, and its subsidiaries and affiliates, and their directors, officers, employees, agents, and shareholders against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (collectively, the "Losses") insofar as such Losses arise out of or are based on (a) any claim that your use of any trademark or other intellectual property infringes on any other trademark or intellectual property belonging to any third party, (b) any breach of a representation, warranty, covenant, or agreement made by you in this Agreement, or (c) any claim related to your website, including, without limitation, any content that resides on your website but that was not provided by us.

19. Miscellaneous 

You hereby represent and warrant to us that (i) this Agreement is a legal, valid, and binding obligation, enforceable against you in accordance with its terms; and (ii) any information you provide to us in connection with your participation in the Program will be true and correct. This Agreement will be governed by the laws of the State of California, without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orange County, California, and you irrevocably consent to the jurisdiction of such courts. We may assign our rights and duties under this Agreement at our sole discretion. You may not assign your rights or duties under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.

20. Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This arbitration agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrators may not award any incidental, indirect, or consequential damages, including damages for lost profits.