Freq Rituals

“Affiliate” Agreement

This Agreement is entered into by and between the following Parties: 

Freq Rituals (“Freq Rituals”)

And (Full Legal Name (Extra spaces that include any other Names that the individual goes by, including but not limited to social media alias(es), or nom de plum)

__________ (““Affiliate””), individual consenting to the terms of this agreement. 

Freq Rituals and ““Affiliate”” will be referred to collectively as the “Parties.”

The parties agree as follows:

Services to Be Performed

The “Affiliate” agrees to promote Freq Rituals via in person or social media to the “Affiliate”’s network. The “Affiliate” will be provided a personal link where the “Affiliate”’s network may purchase Freq Rituals products. The “Affiliate”’s sales will be automatically tracked via Refersion, a third party application. The “Affiliate” will also be able to utilize the Refersion platform to view detailed analytics regarding the ”Affiliate”’s progress. This includes link clicks, sales conversions, and commissions earned. Affiliate should note that Refersion may collect data from Affiliate. Freq is not responsible for the data collected or used by Refersion – that data collected is governed by Refersion’s Privacy Policy. 

Compensation

For the services agreed to and to be performed by the “Affiliate”, Freq Rituals agrees to pay the  “Affiliate” a commission of 12.5% of each sale made. Commissions will be paid out once a month and a minimum of 30 days after sale is made to allow time for financial processing from the purchaser(s) to complete and/or any returns or exchanges with Freq Rituals to be made to the order(s). “Affiliate” will not be paid commission on sales that are subsequently returned to Freq Rituals, and refunded to the customer. As customers have the option to exchange their original purchase for a product of a different price point. In the case of exchanges, Commission will be paid to “Affiliate” on the final product sold to the customer. Please note that Freq Rituals reserves the right to alter the commission structure at any time, and will provide notice and an updated agreement should changes in compensation occur.

Relationship between Parties. 

Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose. The Freq Rituals’ “Affiliate” shall not have authority to enter into contracts on Freq Rituals’ behalf.

Freq Rituals Code of Conduct and Social Media Guidelines

Freq Rituals is a woman-owned company that stands for equality, normalizing wealth, freedom, success, and love. Freq Rituals values community, diversity, individuality, education, and helping all humans step into their highest potential, regardless of race, religion, preferred pronoun(s), sexual preference, ethnicity or current socioeconomic status. The undersigned “Affiliate” understands and agrees that by agreeing to become an Affiliate for Freq Rituals and promote on its behalf, the “Affiliate” may not promote content that contradicts the company’s core values in concert with promotion of Freq Rituals. Freq Rituals recognizes and values your constitutional right to freedom of speech. However, Should Freq Rituals discover “Affiliate” has promoted or posted racist, sexist, or bigoted, discriminatory, violent, harmful, threatening, harassing, or illegal content of any kind in concert with the promotion of our products, the “Affiliate” will be terminated from the program immediately and without notice or warning.  

Obligations of “Affiliate” with Regard to Confidential/Proprietary Information

The “Affiliate” will not share any confidential or proprietary information directly shared with and/or given to the “Affiliate” and/or maintain any confidential or proprietary information obtained in the scope of his/her/preferred pronoun work with Freq Rituals without the express written, signed, and prior consent from Freq Rituals. “Affiliate”s and third parties as is reasonably required and shall require those persons to agree to confidentiality and/or nondisclosure restrictions at least as protective as those in this Agreement. “Affiliate” shall not, without the prior written approval and consent of Freq Rituals, use to/for “Affiliate”’s benefit, publish, copy, or otherwise disclose, or permit the use by others for their benefit or to the detriment of Freq Rituals, any Confidential Information. “Affiliate” shall return to Freq Rituals any and all records, notes, and other digital, written, printed, or tangible materials in its possession pertaining to Confidential Information immediately at the request of Freq Rituals.

All Confidential Information delivered pursuant to this Agreement shall remain the property of Freq Rituals, and any documents containing or reflecting the Confidential Information, and all copies thereof, shall be promptly returned to Freq Rituals upon written request, or destroyed at Freq Rituals’ option. Nothing herein shall be construed as granting or conferring any rights by license or otherwise, express or implied, regarding any idea made, conceived or acquired prior to or after the Effective Date, nor as granting any right with respect to the use or marketing of any product or service. The Parties shall use the Confidential Information solely for the Business Relationship.

Intellectual Property

“Affiliate” acknowledges and agrees that all resulting intellectual property work product created by “Affiliate” under this agreement shall be owned by Freq Rituals. This includes, but is not limited to any logos, designs, texts, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof. “Affiliate” hereby assigns to Freq Rituals all right, title and interest therein. “Affiliate” retains no right to use the Work Product and agrees not to challenge the validity of Freq Rituals’ ownership in the Work Product.

“Affiliate” expressly agrees not to do anything inconsistent with Freq Rituals’ ownership of the intellectual property discussed herein. “Affiliate” further agrees that there are no rights, title, or interest in any Freq Rituals content and services, except as stated in this Agreement. “Affiliate” is not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, copyright, or other proprietary rights of Freq Rituals or any third party. 

“Affiliate” agrees not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the content or materials, without the express prior written consent of Freq Rituals In the event that you are licensed or otherwise authorized to use any content or materials, “Affiliate” agrees to name Freq Rituals as the source of their information. 

Indemnification

“Affiliate” shall indemnify and hold Freq Rituals harmless from any loss or liability arising from performing services under this Agreement. So long as “Affiliate” adheres to the code of conduct, Freq Rituals otherwise encourages “Affiliate” to promote Freq Ritual products using content that reflects “Affiliate”’s individual unique personality and content style. 

Termination of Agreement

Freq Rituals may terminate this agreement at any time, without notice. Freq Rituals reserves the right to materially alter or terminate its “Affiliate” program at any time and without notice. Additionally, “Affiliate” may terminate his/her/preferred pronoun participation in the program at any time and without advance notice. Upon termination, any remaining commissions owed will be paid in accordance with the commission payment schedule. 

Either Freq Rituals or “Affiliate” may terminate this Agreement for reasonable cause, effective immediately upon providing written notice of intent to terminate.

Reasonable cause may include, but not limited to:

• Material violation of this Agreement, or

• Any act exposing the other party to liability to others for personal injury or property damage.

Assignment and Delegation

“Affiliate” may not assign or subcontract any rights or delegate any of its duties under this Agreement without Freq Rituals’ prior written approval.

Entire Agreement 

This Agreement constitutes the entire understanding between the parties with respect to the contracted project. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship, with the exception of the Non-Disclosure Agreement. The provisions of this agreement may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties. 

Survival

Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement. 

Severability

If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect. 

Force Majeure

Under no circumstances will the parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond his/her preferred pronoun control including, without limitation, acts of god, war, pandemics, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Dispute Resolution 

In the event of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute in good faith. If this resolution attempt fails, the Parties shall submit the dispute to binding arbitration. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be bound by applicable governing federal/state law(s) as well as the law of Florida. Each party shall pay their own costs and fees. Claims that may necessitate arbitration include but are not limited to contract claims, tort claims, claims based on federal, state, and local laws, ordinances, statutes, or regulations. Intellectual property claims by Freq Rituals will not be subject to arbitration and may, as an exception, be subject to litigation. 

Governing Law 

This agreement shall be governed by and construed in accordance with the laws of Florida and The United States without regard to conflicts of law principles that may be applicable. 

“Affiliate” acknowledges that by accepting the program terms and conditions, he/she/preferred pronoun has read, understands, and fully agrees to the terms of this Agreement.