GENUINE MATCHES, LLC
AFFILIATE AGREEMENT (TERMS and CONDITIONS)
Last Updated: January 23, 2025
By checking the box and enrolling or continuing in the Genuine Matches, LLC (“Genuine Matches,” “Company,” “we,” “us,” “our”) Affiliate Program, you (“Affiliate,” “you,” or “your”) signify that you have read, understand, and agree to be bound by all terms of this Affiliate Agreement (“Agreement”). If you do not agree, do not join or continue participation in our Program.
ELIGIBILITY & APPROVAL
Age Requirement: You must be at least 21 years old to participate.
Application Review: We manually review and reserve the absolute right to accept or reject any affiliate application for any reason or no reason at all, without liability.
Prohibited Affiliates: We may remove or decline Affiliates who engage in illegal activities, hate speech, fraud, or any action detrimental to our reputation. Our decisions are final.
RELATIONSHIP OF THE PARTIES
Independent Contractor: No employment, agency, partnership, or joint venture is created by this Agreement; you are an independent contractor.
No Authority: You have no authority to speak or act on behalf of Genuine Matches, and you must not represent that you do.
REFERRAL TRACKING & COOKIES
Unique Link: You receive a unique referral link to track referrals.
Cookie Duration: Cookies typically last 30 days; if a referred user does not purchase within that period, no commission is due.
Last-Click Attribution: Only the last Affiliate link clicked prior to sign-up receives credit.
COMMISSIONS, PAYMENTS & TAXES
No Guarantee & Right to Modify: We do not guarantee any specific income or results; we may modify or discontinue the Affiliate Program at any time without liability for lost potential earnings.
Commission Amount: You earn $50 per valid referral that signs up, pays, and remains in good standing for at least 120 days.
Payment Timeline:
• 120-Day Validation Period + 60-Day Processing = Up to 180 days before commissions are disbursed for a valid referral, paid monthly once eligible.
No Minimum Threshold: There is no minimum payout threshold.
Payment Methods: We may offer checks, PayPal, ACH, etc., at our sole discretion, and may change methods without notice.
Chargebacks & Fraud: If a referral’s payment is refunded, disputed, or suspected of fraud, corresponding commissions may be reversed or withheld.
Tax Compliance: You must provide all required tax documentation (e.g., W-9) before receiving any payment. You are responsible for reporting and paying any taxes due.
Outside Service Area: Commissions apply only to referrals within our current Service Area (West Metro Twin Cities, Minnesota, USA), unless otherwise specified in writing.
Self-Referrals & Single Commission Rule:
• You may not refer yourself; no commission is payable on your own account(s).
• Only one commission is paid per unique referred user. If a referred user purchases multiple memberships or products, only the first order may generate a commission.
AFFILIATE CONDUCT & MARKETING GUIDELINES
Approved Materials & Channels:
• You may advertise through both online and offline channels (websites, email messages, classified ads, magazines, newspapers, etc.) as long as such advertising complies with this Agreement and applicable law.
• You may only use Company-provided or pre-approved marketing materials. We may revoke approval at any time.
Prohibited Activities:
• No spam, illegal marketing, misrepresentation, or placement on sites promoting illegal content, hate speech, adult content, gambling, or violence.
• Offering rebates, coupons, or other kickbacks from your affiliate commission as an incentive is not allowed, unless specifically authorized in writing.
FTC Compliance:
• You are responsible for all FTC endorsement disclosures; we do not provide disclosure language.
Obligation to Cooperate:
• You must fully cooperate with any investigations or compliance checks.
Audit Rights:
• Genuine Matches reserves the right to audit your promotional methods for compliance.
PPC Bidding Policy:
• Pay-Per-Click (PPC) bidding (e.g., on search engines or other platforms) is NOT allowed without prior written permission from Genuine Matches.
COUPONS AND DEAL SITES
• Genuine Matches may occasionally offer coupons to select affiliates or subscribers.
• If you have not been explicitly pre-approved for a branded coupon or deal, you may not promote it.
• You may not imply that additional or unauthorized coupons are available.
• Misleading “click to see deals” text where no valid coupon exists is prohibited.
• Coupon- or deal-related pop-ups, pop-unders, or iframes that set cookies without the user’s explicit request are disallowed.
INTELLECTUAL PROPERTY & BRAND USAGE
License: You receive a non-exclusive, revocable license to use our trademarks and materials solely for affiliate promotion as allowed by us.
Immediate Breach: Unauthorized or improper use of our IP is a material breach and may lead to immediate termination.
Adherence to Guidelines: Any brand usage policy we provide must be followed exactly.
CONFIDENTIALITY
Confidential Information: Any non-public information from Genuine Matches is confidential.
Non-Disclosure: You must not disclose or distribute confidential info without our prior written consent.
Return/Destruction: Upon request or termination, you must promptly return or destroy confidential materials.
Survival: Confidentiality obligations survive termination indefinitely.
NON-DISPARAGEMENT
Positive Representation: You shall not publish or communicate any false, misleading, or disparaging statements about Genuine Matches or its affiliates.
Survival & Remedies: This clause continues indefinitely post-termination, and we may seek injunctive relief or damages for any breach.
LIMITATION OF LIABILITY & DISCLAIMERS
As Is & No Warranty: The Affiliate Program and materials are provided “as is” without warranty of any kind. We do not guarantee uninterrupted or error-free operations, and will not be liable for any technical failures or service outages.
No Liability for Third Parties: We are not liable for issues with third-party services (e.g., payment processors).
No Indirect Damages: We will not be liable for indirect, special, or consequential damages, including lost profits.
Liability Cap: Any liability shall not exceed the commissions paid to you in the last 3 months preceding the claim.
System Errors: We are not responsible for tracking errors or downtime; our records are final.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Genuine Matches and its affiliates from all claims, damages, and expenses (including attorneys’ fees) arising out of your breach, misconduct, or violation of law, or any content or activity you undertake in connection with the Affiliate Program. This obligation survives termination.
TERM OF AGREEMENT & TERMINATION
Term of Agreement: This Agreement begins upon your acceptance into the Affiliate Program and remains in effect until terminated as described below.
At-Will Termination: We may terminate this Agreement at any time, with or without cause, via written notice. You may also terminate by notifying us in writing.
Immediate Termination: Illegal activity, IP misuse, fraud, or other breaches may result in immediate termination.
Effect of Termination:
• You must cease using our materials and IP immediately.
• Unpaid or pending commissions may be forfeited if you are terminated for breach or fraud.
• Sections related to confidentiality, indemnification, non-disparagement, limitation of liability, and dispute resolution continue indefinitely.
DISPUTE RESOLUTION
Mandatory Arbitration: All disputes shall be resolved by binding arbitration under AAA’s Commercial Rules in Hennepin County, Minnesota, unless we seek injunctive relief in another forum.
Class Action Waiver: You waive any right to join or initiate class actions.
Attorneys’ Fees: The prevailing party in any dispute may recover reasonable attorneys’ fees and costs.
Governing Law: Minnesota law governs this Agreement without regard to conflicts of law principles.
MODIFICATIONS & NOTICES
Right to Modify: We may modify or discontinue any aspect of this Agreement at any time. Changes are effective upon posting or notification. Your continued participation indicates acceptance of changes.
Notices: We will communicate updates via the email you have on file or through the Affiliate dashboard.
ENTIRE AGREEMENT & ACKNOWLEDGMENT
Entire Agreement: This document forms the entire agreement between you and Genuine Matches regarding the Affiliate Program, superseding any prior discussions or understandings.
No Reliance: You affirm you have not relied on any representations outside this Agreement.
Severability: If any portion of this Agreement is deemed unenforceable, the remaining parts remain in effect.
Opportunity for Counsel: You acknowledge having had the opportunity to consult with legal counsel before agreeing to these terms.
ELECTRONIC SIGNATURE
By checking the “I Agree” box and/or proceeding with enrollment, you create an electronic signature that has the same legal force and effect as a handwritten signature.
ACCEPTANCE
By checking the “I Agree” box and/or proceeding with enrollment, you confirm that you have read, understand, and agree to abide by this Affiliate Agreement in its entirety. If you do not agree, do not continue participation in the program.
End of Terms
