Mighty Milk Affiliate Agreement

This Affiliate Agreement ("Agreement") is made between Mighty Milk ("Company") and you, the Affiliate ("Affiliate"), effective as of the date of acceptance by Affiliate. By participating in the Mighty Milk Affiliate Program, Affiliate agrees to comply with all terms and conditions of this Agreement.

1. Commission and Payment Terms

1.1 Commission Rate: Affiliate will receive a 20% commission on net sales (sales after any discounts) of the following Mighty Milk products: Breastfeeding for Expectant Parents class, Breastfeeding Your Baby class, and the bundled package of both classes. Gift card purchases are excluded from the Affiliate Program.

1.2 Payment Schedule: Mighty Milk will make payments to Affiliate on a quarterly basis. All payments will be made quarterly and post 60 days of a sale to ensure that commission is on earned sales and not impacted by refunds or chargebacks.

1.3 Cookie Duration: Cookies used as part of the affiliate tool have a set duration. If a potential customer clears their cookies during this period, Mighty Milk shall not be liable for any commissions that may have been owed to you.

2. Affiliate Tools and Tracking

2.1 Mighty Milk will provide the Affiliate with unique tracking links to monitor sales generated through the Affiliate’s promotions.

3. Affiliate Responsibilities

3.1 Affiliates are expected to follow Company guidelines and ensure accurate representation of Mighty Milk’s products and brand. Misrepresentation or misleading promotion may result in termination of this Agreement.

4. Termination

4.1 Mighty Milk may terminate this Agreement or Affiliate’s participation in the program at any time with or without cause. Upon termination, any outstanding eligible commissions will be paid in accordance with the terms outlined above.

5. Modification of Terms

5.1 We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. Affiliates will be notified of any changes in a timely manner, and continued participation in the Affiliate Program constitutes acceptance of updated terms.

6. Governing Law and Jurisdiction

6.1 This Agreement shall be construed, and the rights of the Parties shall be determined in accordance with the laws in force in the State of Michigan, without regard to the conflict of law’s provisions thereof. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state courts located in Oakland County, Michigan, or the federal courts located in the Eastern District of Michigan, and each Party consents to the jurisdiction and venue thereof.

7. Warranties; Disclaimer of Warranty

7.1 Affiliate Warranties: The Affiliate represents and warrants that (i) they have the full right, power, and authority to enter into this Agreement and perform their obligations hereunder; (ii) their participation in the program will not violate any agreement or obligation between the Affiliate and any third party; and (iii) they will comply with all applicable laws, rules, and regulations.

7.2 Disclaimer of Warranty: Mighty Milk makes no express or implied warranties or representations with respect to the Affiliate Program or Affiliate’s potential to earn income from the program. All tools, materials, and resources provided under this Agreement are provided on an "as-is" basis.

8. Compliance with Laws

8.1 The Affiliate agrees to comply with all applicable laws, regulations, and guidelines, including but not limited to those relating to advertising, privacy, and online marketing. This includes, where applicable, adherence to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.

9. Intellectual Property

9.1 License: Mighty Milk grants Affiliate a limited, non-exclusive, non-transferable, and revocable license to use the assets provided to the Affiliate by Mighty Milk solely for the purpose of promoting Mighty Milk products under this Agreement.

9.2 Intellectual Property Ownership: All rights, titles, and interests in and to the Company’s intellectual property, including but not limited to its trademarks, content, and other materials, remain with Mighty Milk. The Affiliate shall not modify or alter any of the Company’s intellectual property or use it in any way that could damage the Company’s reputation.

10. Limitation of Liability

10.1 To the fullest extent permitted by law, Mighty Milk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the Affiliate’s participation in the program or any claims arising under this Agreement.

11. Miscellaneous

11.1 This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements or understandings, whether written or oral.

By participating in the Mighty Milk Affiliate Program, you agree to the terms outlined above.