Affiliate Program Terms and Conditions

Thank you for visiting Jupiter! This page explains our terms for our Affiliate Program.

If you have any questions please email us at hello@getjupiter.com. We’re happy to help.

Effective Date: July 1, 2025

These Affiliate Program Terms & Conditions govern participation in the Jupiter Affiliate Program. By applying to, joining, or participating in the Affiliate Program, you agree to these Terms.

SECTION 1 – PROGRAM OVERVIEW

The Jupiter Affiliate Program allows approved affiliates, creators, ambassadors, publishers, and referral partners to promote Jupiter products and earn commissions on eligible purchases made through approved affiliate links, discount codes, or other tracking methods provided by Jupiter.

Participation in the Affiliate Program does not create an employment, agency, partnership, joint venture, franchise, or representative relationship between you and Jupiter. Affiliates are independent contractors and are solely responsible for their own business activities, expenses, taxes, disclosures, and legal compliance.

Jupiter utilizes a third-party platform provider to facilitate certain services in connection with the Program ("Platform"). By participating in the Program, you acknowledge that your use of the Platform is subject to the Platform's own terms and conditions, which are incorporated into these Affiliate Terms by reference. In the event of a conflict between these Affiliate Terms and the Platform's terms and conditions, these Affiliate Terms shall govern and control.

SECTION 2 – ELIGIBILITY

To participate in the Program, you must:
• Be at least 18 years of age, with restrictions on certain products. 
• Submit a complete and accurate affiliate application.
• Provide accurate account, payment, and identity information.
• Submit all required tax documentation prior to receiving any payout.
• Promote Jupiter in a lawful, ethical, and brand-appropriate manner.
• Comply with these Terms and all applicable laws, regulations, advertising rules, and platform policies.

Jupiter reserves the right to approve, reject, suspend, or terminate any affiliate at its sole discretion.

SECTION 3 – APPROVAL INTO THE PROGRAM

Submitting an application does not guarantee acceptance into the Affiliate Program.
Jupiter may reject applications for any reason, including but not limited to:
• Websites or social accounts containing offensive, misleading, illegal, or inappropriate content.
• Promotion of competing products in a misleading or confusing way.Coupon, deal, or cashback sites that were not expressly approved by Jupiter.
• Prior misuse of affiliate links, discount codes, or brand assets.
• Any activity Jupiter determines may harm the brand, customers, or business.

Jupiter may revoke approval at any time.

SECTION 4 – AFFILIATE LINKS & TRACKING

Approved affiliates may receive unique affiliate links, discount codes, or other tracking tools. Affiliates are responsible for using the correct links and codes provided by Jupiter or its affiliate platform.

Commissions are tracked through Jupiter’s affiliate platform, Shopify, or other tracking systems used by Jupiter. Tracking may depend on cookies, codes, customer behavior, device settings, browser settings, platform restrictions, or checkout attribution.

Jupiter is not responsible for commissions that cannot be tracked due to:
• Incorrect links or codes.
• Deleted or blocked cookies.
• Customer use of another affiliate’s link or code.
• Customer use of a general discount code instead of the affiliate’s assigned code.
• Browser, device, ad blocker, privacy, or platform limitations.
• Orders completed outside the approved attribution window.
• Manual customer error or failure to use the affiliate’s code/link.

Jupiter’s tracking and reporting records are the controlling records for commission calculations.

SECTION 5 – COMMISSION STRUCTURE

Unless otherwise agreed in writing by Jupiter, affiliates earn commissions only on eligible first-time customer purchases made through an approved affiliate link or discount code.

The standard commission rate is: 10% of eligible net sales from first-time customer purchases.

Jupiter may create different commission tiers for different affiliate categories, including but not limited to:
• Standard affiliates.
• Preferred affiliates. 
• UGC creators.
• VIP partners.
• Brand ambassadors.
• Strategic partners.

Any special commission rate must be approved by Jupiter in writing.

SECTION 6 – FIRST-TIME CUSTOMER POLICY

Unless Jupiter expressly states otherwise in writing, commissions are paid only on purchases from new customers who have not previously purchased from Jupiter.

A “first-time customer” means a customer who has not previously placed an order with Jupiter using the same or substantially similar email address, shipping address, billing address, phone number, payment method, customer account, or other identifying information.

Jupiter may deny or reverse commissions for orders placed by existing customers, duplicate customers, returning customers, or customers who were already in Jupiter’s customer database before the affiliate referral.

SECTION 7 – SUBSCRIPTION & RENEWAL COMMISSIONS

Unless expressly agreed in writing, affiliates do not earn commissions on subscription renewals, recurring orders, autoship orders, replenishment orders, or future purchases after the customer’s first eligible order.

If Jupiter offers recurring commission for certain affiliates, the recurring commission terms must be stated in writing and may include:
• A reduced renewal commission rate.
• A fixed number of eligible renewals.
• A limited commission period.
• Minimum subscription retention requirements.
• Reversal for cancellations, refunds, chargebacks, or failed payments.

Jupiter may modify or discontinue recurring commission eligibility at any time for future orders.

SECTION 8 – LIFETIME COMMISSIONS

Unless expressly agreed in writing by Jupiter, the Affiliate Program does not provide lifetime commissions.

Affiliates are not entitled to commissions on all future purchases made by a referred customer unless Jupiter has specifically granted lifetime commission rights in a written agreement signed or approved by Jupiter.

Jupiter may approve custom lifetime, limited lifetime, or customer-connected commission arrangements for select strategic partners only. Such arrangements must be documented in writing and may be subject to separate terms.

SECTION 9 – NET SALES DEFINITION

Commissions are calculated on eligible net sales, not gross sales.“Net sales” means the amount actually received by Jupiter from an eligible order after excluding, where applicable:
• Discounts.
• Taxes.
• Shipping fees.
• Duties.
• Route/package protection fees.
• Gift cards.
• Store credit.
• Refunds.
• Returns.
• Chargebacks.
• Canceled orders.
• Fraudulent orders.
• Subscription app fees or platform adjustments, if applicable.
• Any other amount not retained by Jupiter as product revenue.

Jupiter reserves the right to determine the final commissionable amount.

SECTION 10 – NON-COMMISSIONABLE ACTIVITY

Affiliates do not earn commissions on:
• Purchases made by the affiliate for themselves, unless expressly approved.
• Orders placed by employees, contractors, agencies, or vendors of the affiliate.
• Existing customer purchases, unless approved in writing.
• Subscription renewals, unless approved in writing.
• Wholesale orders.
• Retail or distributor orders.
• Marketplace orders.
• Free products.
• Gift card purchases.
• Orders using unauthorized coupon codes.
• Orders generated through fraud, spam, bots, fake accounts, or incentivized traffic.
• Orders resulting from trademark bidding or prohibited advertising.
• Orders from coupon, cashback, loyalty, or deal sites unless expressly approved.
• Orders that are refunded, canceled, returned, charged back, or determined to be ineligible.

SECTION 11 – REFUNDS, RETURNS, CANCELLATIONS & CHARGEBACKS

Commissions are not payable on refunded, returned, canceled, failed, fraudulent, or charged-back orders.

If a commission has already been credited or paid and the related order is later refunded, returned, canceled, charged back, or deemed ineligible, Jupiter may:
• Reverse the commission.
• Deduct the amount from future payouts.
• Request repayment from the affiliate.
• Offset the amount against any unpaid commissions.

SECTION 12 – COMMISSION ADJUSTMENTS

Jupiter reserves the right to:
• Adjust commissions for administrative or calculation errors
• Reverse commissions determined to be fraudulent or ineligible after initial approval
• Offset overpayments against future commission payouts without prior notice
• Retroactively cancel or modify commissions tied to violations of these Affiliate Terms

All commission adjustment determinations made by Jupiter are final.

SECTION 13 – PAYOUT SCHEDULE

Commissions that have been earned, verified, and approved are subject to the following payout terms:
• Commissions are subject to a holding period of 45 days from the order date to account for potential refunds and chargebacks
• Payouts are made only after the applicable refund and chargeback review period has elapsed
• The minimum payout threshold is $100, unless agreed to otherwise by Jupiter. Commissions below this threshold will roll over to the next eligible payout period
• Payouts are issued on a quarterly basis, within 30 days after the end of each calendar quarter

Jupiter may delay or withhold payout if any of the following are under review: commission eligibility, tracking integrity, tax documentation, suspected fraud, or compliance with these Affiliate Terms. Jupiter may modify payout timing or minimum thresholds at any time upon notice to affiliates.

SECTION 14 – TAX DOCUMENTATION REQUIRED BEFORE PAYOUT

Affiliates must provide all required tax documentation before any payout will be issued. Required documentation includes:
• U.S.-based affiliates: IRS Form W-9
• Non-U.S.-based affiliates: applicable IRS Form W-8 (e.g., W-8BEN or W-8BEN-E)

Commissions may accrue during the period in which tax documentation is outstanding, but no payout will be issued until all required documents have been received and approved by Jupiter.

If required tax documentation is not provided within 90 days of commission accrual, the affiliate's account will be marked as inactive and the affiliate will no longer be eligible to participate in the Program until all outstanding documentation has been submitted and approved. Any accrued but unpaid commissions associated with an account marked inactive due to missing tax documentation may be permanently forfeited at Jupiter's discretion.

Jupiter may also withhold applicable tax amounts as required by law.

SECTION 15 – TAXES

Affiliates are solely responsible for reporting and paying all federal, state, local, and international taxes related to commissions, gifts, free products, bonuses, incentives, or other compensation received from Jupiter.

Jupiter may issue tax forms, including Form 1099-NEC, where required by law.

Nothing in these Terms should be interpreted as tax advice. Affiliates should consult their own tax advisor regarding their obligations.

SECTION 16 – FTC DISCLOSURE REQUIREMENTS

Affiliates must clearly and conspicuously disclose their relationship with Jupiter whenever promoting Jupiter products.

Disclosures must be easy for consumers to notice, understand, and see before or at the time they encounter the affiliate link, code, recommendation, review, or endorsement.

Examples of acceptable disclosures include:
• “I earn commission from purchases through this link.”
• “Affiliate link.”
• “Paid partnership with Jupiter.”
• “Jupiter gave me this product and I may earn commission.”
• “Use my code [CODE] — I may earn a commission.”

Disclosures must not be hidden in a group of hashtags, placed only at the end of a caption, buried in a bio, or made in vague terms like “thanks Jupiter” or “partner” if the relationship is not clear.

The FTC’s Endorsement Guides require disclosure of material connections between endorsers and brands when those connections could affect how consumers evaluate the endorsement.

Jupiter may withhold commissions, request edits, remove content, or terminate affiliates who fail to make proper disclosures.

SECTION 17 – TRUTHFUL MARKETING, CLAIMS & BRAND CONDUCT

Affiliates must ensure that all promotional content is truthful, accurate, and not misleading. Affiliates must:
• Only share genuine and honest experiences with Jupiter products
• Accurately represent product features, benefits, and pricing
• Not fabricate or exaggerate results

Affiliates may not:
• Make false or unsubstantiated claims about Jupiter products
• Use fake, purchased, or fabricated testimonials
• Misrepresent product performance, ingredients, or outcomes
• Use deceptive before-and-after imagery or statistics
• Make disparaging, defamatory, or negative statements about the Jupiter brand, its products, or its employees, contractors, officers, or representatives, whether publicly or privately, including on social media, in video content, podcasts, or any other medium.

Violation of any provision in this Section will result in immediate termination of the affiliate's account with no further right of appeal.

If Jupiter identifies content that violates this Section - including content that has been published, distributed, or remains publicly accessible - and commissions were paid to the affiliate during any period in which such content was live or accessible, the affiliate shall be liable to repay to Jupiter all commissions paid out during that period.

For the avoidance of doubt, the affiliate assumes full financial risk for any violation of these Terms, and Jupiter reserves the right to pursue repayment of all commissions disbursed during the period the non-compliant content was active, in addition to any other remedies available at law or in equity.

SECTION 17A – NON-DISPARAGEMENT

During the term of these Affiliate Terms and thereafter, Affiliate agrees to refrain from making negative, disparaging, untrue, or misleading statements or comments about Jupiter, Jupiter products, or the officers, employees, contractors, or other affiliates of Jupiter Brands Inc. or any related company. Affiliate shall not make any claims related to the earnings or income potential of the Affiliate Program except as expressly directed or approved in writing by Jupiter.

SECTION 18- SUPPLEMENT & HEALTH CLAIMS

Due to the nature of Jupiter's wellness product line, affiliates are strictly prohibited from making any health, medical, or therapeutic claims about Jupiter products, including but not limited to:
• Claims that any product diagnoses, treats, cures, or prevents any disease or medical condition.
• Presenting any product as a substitute for professional medical advice or treatment.
• Making unapproved structure/function claims or referencing clinical studies without Jupiter's express written approval.

Affiliates may only make claims that have been explicitly approved by Jupiter and are consistent with the messaging published on Jupiter's official website and marketing materials. This includes any claims related to product effects, benefits, ingredients, or user experiences. Affiliates may not introduce, suggest, or imply any effect, benefit, sensation, or outcome that Jupiter has not expressly approved.

If an affiliate is aware of or wishes to share a product experience, effect, or claim not reflected in Jupiter's current approved messaging, the affiliate must contact Jupiter at hello@getjupiter.com prior to publishing or sharing any such content. Jupiter will review and respond with written approval or denial before the affiliate may proceed.

Failure to comply with this Section may result in immediate removal of content, suspension, termination, and forfeiture of commissions.

SECTION 19 – PROHIBITED ACTIVITIES

Affiliates are strictly prohibited from engaging in the following activities:
• Sending unsolicited communications or spam of any kind
• Engaging in any form of fraudulent activity, including generating fake clicks, orders, or referrals
• Bidding on Jupiter's trademarked terms in any paid advertising platform without prior written approval
• Abusing, leaking, or misrepresenting discount codes or affiliate links
• Engaging in misleading, deceptive, or manipulative advertising practices
• Using bots, scripts, or automated tools to generate artificial traffic or engagement
• Creating fake reviews, testimonials, or endorsements
• Promoting Jupiter products in a manner inconsistent with the brand's values or guidelines

SECTION 20 – PAID ADVERTISING

Affiliates may not run paid advertising campaigns (including but not limited to Google Ads, Meta Ads, TikTok Ads, or any other platform) that:
• Use Jupiter's trademarked brand terms, including "Jupiter," "Jupiter Drops," or any variations or misspellings thereof
• Impersonate or misrepresent Jupiter's brand, products, or official channels
• Target Jupiter's existing customer base through retargeting without written approval

Any paid advertising must receive prior written approval from Jupiter. Unauthorized paid advertising may result in immediate termination and commission forfeiture.

SECTION 21 – COUPON, DEAL, LOYALTY & CASHBACK SITES

Coupon, deal, loyalty, browser extension, and cashback affiliates are not permitted unless approved in writing by Jupiter.

Affiliates may not submit Jupiter codes to coupon sites, deal forums, browser extensions, Reddit threads, Facebook groups, or third-party discount databases unless expressly authorized.

If an affiliate’s code is found on unauthorized coupon or deal sites, Jupiter may:
• Remove the code.
• Reverse affected commissions.
• Reduce the affiliate’s commission rate.
• Suspend the affiliate.
• Terminate the affiliate account.

SECTION 22 – DISCOUNT CODE USAGE

Affiliate discount codes are provided solely for use in your approved promotional channels. Affiliate codes:
• May not be altered, modified, or combined with unauthorized promotions
• May not be misrepresented or presented in a misleading manner
• May not be posted on coupon websites, deal platforms, or forums without express written approval
• May not be shared in a manner that encourages fraudulent or non-qualifying purchases

Jupiter reserves the right to deactivate or change affiliate codes at any time without prior notice.

SECTION 23 – CONTENT RIGHTS

By creating, posting, or submitting content that features Jupiter, affiliates grant Jupiter a non-exclusive, worldwide, royalty-free right to use, repost, share, display, edit, crop, resize, and distribute the content for organic marketing purposes, including on Jupiter’s website, email, SMS, social media, advertisements, investor materials, and other brand channels.

For paid advertising usage, whitelisting, spark ads, paid social, or long-term licensing, Jupiter may require a separate written agreement.

Affiliates represent that they own or have the necessary rights to all content they create and that the content does not infringe the rights of any third party.

SECTION 24 – BRAND ASSETS

All Jupiter logos, trademarks, brand names, product images, and other brand materials (collectively, "Brand Assets") remain the exclusive property of Jupiter Brands Inc. Affiliates are granted a limited, revocable, non-exclusive license to use Brand Assets solely for approved promotional purposes during the term of their participation in the Program.

Affiliates must:
• Use Brand Assets only as provided by Jupiter, without alteration
• Not use Brand Assets in a manner that misrepresents or disparages the Jupiter brand
• Immediately cease all use of Brand Assets upon termination of their affiliate account

SECTION 25 – EMAIL & SMS MARKETING

Affiliates may not send marketing emails or SMS messages promoting Jupiter unless they comply with all applicable laws and have obtained proper consent from recipients.

Affiliates may not send unsolicited emails, mass DMs, spam texts, or automated messages promoting Jupiter.

Affiliates may not represent that they are emailing or texting on behalf of Jupiter unless expressly authorized.

SECTION 26 – SOCIAL MEDIA CONDUCT

Affiliates must comply with the terms, rules, and community guidelines of all social media platforms on which they promote Jupiter products. Affiliates may not engage in:
• Misleading or deceptive posting practices
• Engagement manipulation (e.g., purchasing likes, followers, or comments)
• Impersonating Jupiter or its employees
• Creating unofficial Jupiter-branded accounts or pages

SECTION 27 – COMPLIANCE MONITORING

Jupiter reserves the right to monitor affiliate websites, social media accounts, and all promotional content at any time to verify compliance with these Affiliate Terms. If Jupiter identifies content that violates these terms, Jupiter may:
• Notify the affiliate and request removal or modification of the content
• Suspend the affiliate's account pending review
• Withhold commissions pending compliance
• Terminate the affiliate's account immediately

Failure to promptly comply with Jupiter's compliance requests may result in immediate termination and forfeiture of pending commissions.

SECTION 28 – FRAUD & ABUSE

Jupiter takes fraud seriously and actively monitors for fraudulent activity within the Program. Jupiter may withhold, reverse, or permanently forfeit commissions if it suspects fraudulent or abusive activity, including but not limited to:
• Self-referral purchases
• Artificially generated clicks, orders, or referrals
• Coupon code abuse or sharing
• Collusion with customers to circumvent Program policies
• Any other conduct designed to artificially inflate commissions

All fraud determinations made by Jupiter are final. Jupiter reserves the right to pursue legal action for fraudulent activity that causes financial harm to Jupiter Brands Inc.

SECTION 29 – PAYMENT METHOD

Affiliates must maintain accurate payment information in the affiliate platform or payment system used by Jupiter.

Jupiter is not responsible for failed, delayed, or misdirected payments caused by inaccurate affiliate payment information.

Any payment processing fees, currency conversion fees, bank fees, PayPal fees, platform fees, or other transaction fees may be deducted from affiliate payouts where applicable.

SECTION 30 – CUSTOMER OWNERSHIP

All customers referred through the Program remain the customers of Jupiter Brands Inc. Affiliates have no ownership rights, data rights, or contractual claim to any customer introduced through the Program. Affiliates may not contact, solicit, or market directly to Jupiter's customers outside of approved Program activities.

SECTION 31 – NO EARNINGS GUARANTEE

Jupiter makes no representations, warranties, or guarantees regarding the income or earnings potential of any affiliate. Participation in the Program does not guarantee any specific level of commission, income, or financial benefit. Any income representations made by third parties about the Program are not endorsed by Jupiter.

SECTION 32 – TERMINATION

Jupiter may suspend or terminate an affiliate's participation in the Program at any time, with or without notice, for any reason, including but not limited to:
• Violation of these Affiliate Terms or Jupiter's main Terms of Service
• Suspected or confirmed fraudulent activity
• Brand misuse, disparagement, or reputational harm
• Failure to comply with applicable laws or platform rules
• Inactivity or dormant account status

Upon termination:
• The affiliate must immediately cease all promotion of Jupiter products
• All Affiliate Links must be removed from the affiliate's channels
• All Brand Assets must be removed and all licenses are immediately revoked
• Pending commissions may be withheld or forfeited if termination is related to a violation of these terms
• Jupiter is not liable for any commissions that would have been earned after the termination date

SECTION 33 – INACTIVE ACCOUNTS & UNCLAIMED COMMISSIONS

An affiliate account is considered inactive if the affiliate has not generated any qualifying commissions, responded to Jupiter communications, or updated their account information within a period of 6 consecutive months.

Effective July 1, 2025, Jupiter requires all affiliates - including those who participated in the Program prior to this date - to submit a new affiliate application and update their account information in order to remain active in the Program. Reactivation of any previously existing affiliate account is subject to Jupiter's sole discretion, and Jupiter reserves the right to deny reactivation for any reason.

Any affiliate account that was active prior to July 1, 2025 and has not been reactivated through the updated application process will be treated as inactive. All accrued but unpaid commissions associated with inactive accounts - including those held by affiliates who have not completed the reactivation process - will be permanently forfeited. For the avoidance of doubt, commissions tied to accounts identified as inactive ("Inactive Accounts") are not payable and shall be permanently forfeited upon account closure.

If commissions remain unpaid due to the affiliate's failure to provide required tax documentation, maintain a valid payment method, or satisfy minimum payout thresholds, and the affiliate has not remedied such deficiencies within 6 months, Jupiter reserves the right to close the affiliate account and permanently forfeit any accrued but unpaid commissions.

SECTION 34 – MODIFICATIONS TO AFFILIATE TERMS

Jupiter reserves the right to update, modify, or replace these Affiliate Terms at any time without prior notice. Updated Affiliate Terms will be posted to the Program's terms page, and the Effective Date will be updated accordingly. Your continued participation in the Program following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Affiliate Terms periodically. If you do not agree to any modifications, you must immediately cease participating in the Program.

SECTION 35 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUPITER BRANDS INC. SHALL NOT BE LIABLE TO ANY AFFILIATE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE AFFILIATE'S PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES.

JUPITER'S TOTAL CUMULATIVE LIABILITY TO ANY AFFILIATE UNDER THESE AFFILIATE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF ELIGIBLE COMMISSIONS UNPAID TO THAT AFFILIATE AT THE TIME THE CLAIM ARISES.

SECTION 36 – INDEMNIFICATION

Affiliates agree to defend, indemnify, and hold harmless Jupiter Brands Inc. and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or related to:
• The affiliate's participation in the Program
• Any violation of these Affiliate Terms or Jupiter's main Terms of Service
• Any content created or published by the affiliate in connection with the Program
• Any violation of applicable laws, regulations, or third-party rights by the affiliate

SECTION 37 – RELATIONSHIP OF PARTIES

Affiliates are independent contractors and not employees, agents, partners, or representatives of Jupiter Brands Inc. Affiliates are solely responsible for their own business operations, tax obligations, and compliance with applicable laws. Nothing in these Affiliate Terms creates any employment relationship or authorizes an affiliate to bind Jupiter to any obligation.

SECTION 38 – CONFIDENTIALITY

Affiliates may receive access to non-public, proprietary, or sensitive information about Jupiter's business, products, pricing, commission structures, marketing strategies, personnel, employees, contractors, vendors, financial data, and other information not generally available to the public ("Confidential Information"), whether or not expressly marked as such.

Affiliates agree to: hold all Confidential Information in strict confidence; use Confidential Information solely for the purpose of participating in the Program; and not disclose, share, or otherwise make available any Confidential Information to any third party - including but not limited to the affiliate's own employees, contractors, agents, or representatives - without Jupiter's prior written consent.

These obligations extend to any information relating to Jupiter's internal personnel, employees, and team members, including their identities, roles, compensation, or communications, and survive the termination of the affiliate's participation in the Program indefinitely.

Any breach of this Section may result in immediate termination, forfeiture of pending commissions, and legal liability.

SECTION 39 – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Any dispute, claim, or controversy arising out of or related to these Affiliate Terms or the Program shall be resolved by binding arbitration, rather than in court.

YOU AGREE THAT, BY PARTICIPATING IN THE PROGRAM, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY.

Arbitration shall be conducted by an arbitration service provider chosen by Jupiter Brands Inc., applying Delaware law. The arbitration may be conducted telephonically, with costs split evenly between the parties, except where applicable law requires otherwise.

SECTION 40 – LIMITATION OF ACTIONS

Any claim or cause of action arising out of or relating to an affiliate's participation in the Program must be filed within one (1) year after such claim or cause of action arose, or it shall be permanently barred, notwithstanding any statute of limitations or other law to the contrary.

SECTION 41 – SEVERABILITY

If any provision of these Affiliate Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Affiliate Terms. Such a determination shall not affect the validity or enforceability of any remaining provisions.

SECTION 42 – ENTIRE AGREEMENT

These Affiliate Terms, together with Jupiter's main Terms of Service and Privacy Policy (incorporated herein by reference), constitute the entire agreement between you and Jupiter Brands Inc. with respect to your participation in the Program, and supersede all prior or contemporaneous agreements, understandings, or communications, whether oral or written.

Any ambiguities in the interpretation of these Affiliate Terms shall not be construed against the drafting party.

SECTION 43 – WAIVER

The failure of Jupiter Brands Inc. to exercise or enforce any right or provision of these Affiliate Terms shall not constitute a waiver of such right or provision. Any waiver of a specific breach or provision must be in writing and signed by an authorized representative of Jupiter to be effective.

SECTION 44 – ASSIGNMENT

Affiliates may not assign, transfer, or delegate any rights or obligations under these Affiliate Terms without Jupiter's prior written consent. Jupiter may freely assign its rights and obligations under these Affiliate Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

SECTION 45 – GOVERNING LAW

These Affiliate Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions, consistent with Jupiter's main Terms of Service.

SECTION 46 – CHANGES TO THE PROGRAM

Jupiter reserves the right to change, suspend, or discontinue the Affiliate Program at any time. Jupiter may also add, modify, or remove products from the Program's eligible product catalog at its sole discretion. Jupiter shall not be liable to any affiliate for any modification, suspension, or discontinuation of the Program.

SECTION 47 – FORCE MAJEURE

Jupiter shall not be liable for any delay or failure to perform its obligations under these Affiliate Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, civil unrest, cyberattacks, or third-party platform outages. In such events, Jupiter's obligations shall be suspended for the duration of the force majeure event.

SECTION 48 – NOTICES & CONTACT INFORMATION

All notices and communications to Jupiter under these Affiliate Terms must be sent in writing to:

Jupiter Brands Inc.
Attn: Affiliate Program
3000 Lawrence Street
Denver, CO 80205
Email: hello@getjupiter.com

Jupiter may send notices to affiliates via the email address associated with their affiliate account. It is the affiliate's responsibility to maintain a current and accurate email address in their account.