AQUALIVIA AFFILIATE PROGRAM TERMS & CONDITIONS

Effective Date: September 15, 2026

This document supersedes and replaces the AQUALIVIA Affiliate Program Terms & Conditions dated September 14, 2026.

These Affiliate Program Terms & Conditions (“Affiliate Terms”) govern participation in the AQUALIVIA Affiliate Program (“Program”) operated by AQUALIVIA LLC, a Florida limited liability company (“AQUALIVIA,” “Company,” “we,” “us,” or “our”).

These Affiliate Terms become binding on an Affiliate only upon the Affiliate’s affirmative acceptance as described in Section 64 (Electronic Acceptance).

Participation in the Program is a privilege, not a right. AQUALIVIA may approve, decline, suspend, restrict, or terminate an Affiliate in accordance with these Affiliate Terms.

These Affiliate Terms supplement any applicable Shopify Collabs terms, policies, community guidelines, payment rules, and platform requirements.

If a conflict exists between these Affiliate Terms and a Shopify rule governing Shopify’s own platform, processing, tracking, or payment systems, the applicable Shopify rule controls solely as to Shopify’s platform or service. These Affiliate Terms otherwise govern the relationship between AQUALIVIA and the Affiliate.

1. PROGRAM PURPOSE

The AQUALIVIA Affiliate Program is designed for qualified creators, educators, professionals, publishers, and other approved partners who promote AQUALIVIA products responsibly and accurately.

AQUALIVIA operates an education-first water treatment brand. Affiliates are expected to communicate honestly, avoid exaggerated claims, and protect the reputation of both AQUALIVIA and the water treatment industry.

AQUALIVIA prefers a limited number of qualified Affiliates rather than unrestricted participation.

2. ELIGIBILITY

To participate, an Affiliate must:

Be at least eighteen (18) years old.
Have the legal capacity to enter into a binding agreement.
Be located in the United States unless AQUALIVIA expressly approves otherwise in writing.
Provide accurate and complete application information.
Provide valid social media, website, content, business, or promotional information when requested.
Maintain any licenses, permissions, registrations, or approvals required for the Affiliate’s activities.
Comply with these Affiliate Terms, applicable law, FTC requirements, Shopify Collabs requirements, and applicable platform policies.

Submitting an application does not guarantee acceptance.

AQUALIVIA may approve or reject any applicant in its discretion, subject to applicable law.

3. MANUAL APPROVAL

The Program is intended to operate primarily as a manually reviewed and approved affiliate program.

AQUALIVIA may review an applicant’s:

Website
Social media profiles
Audience
Content quality
Reputation
Promotional methods
Previous brand relationships
Water-treatment knowledge
Marketing practices
Compliance history
Other information AQUALIVIA reasonably considers relevant

AQUALIVIA may request additional information before or after approval.

Approval of an Affiliate does not constitute approval of every website, platform, advertisement, account, or piece of content operated by that Affiliate.

4. SHOPIFY COLLABS

AQUALIVIA may use Shopify Collabs to administer all or part of the Program, including:

Affiliate applications
Affiliate invitations
Affiliate links
Discount codes
Conversion tracking
Commission calculation
Commission holding periods
Payment processing
Tax documentation
Risk monitoring
Affiliate suspension
Affiliate termination

Affiliates must maintain any Shopify or Shopify Collabs account necessary to participate.

Affiliates are independently responsible for complying with Shopify’s applicable terms, rules, community guidelines, and payment requirements.

A suspension, restriction, risk designation, or other enforcement action imposed by Shopify may constitute grounds for AQUALIVIA to suspend or terminate the Affiliate.

5. COMMISSION RATE

Unless a different written offer is issued by AQUALIVIA through Shopify Collabs or another written agreement, the standard Affiliate commission rate is:

15% of Eligible Net Product Revenue.

“Eligible Net Product Revenue” means the amount actually paid to AQUALIVIA for eligible products attributable to the Affiliate after applicable discounts, excluding:

Sales tax
Use tax
VAT or similar taxes
Shipping charges
Freight charges
Installation fees
Plumbing charges
Service charges
Consulting charges
Permits
Gift cards
Store credits
Refunds
Returns
Chargebacks
Canceled orders
Fraudulent transactions
Unauthorized transactions
Amounts not actually collected by AQUALIVIA
Products specifically excluded from the Program
Other non-commissionable charges identified by AQUALIVIA or Shopify Collabs

AQUALIVIA may establish different commission rates for specific Affiliates, programs, products, collections, campaigns, or promotional periods.

The commission displayed in the Affiliate’s active Shopify Collabs offer will govern for transactions under that offer.

6. COMMISSION HOLDING PERIOD

Affiliate commissions are subject to a holding period of thirty-four (34) days from the date of the underlying transaction (the “Holding Period”). The Holding Period is a contractual term of these Affiliate Terms between AQUALIVIA and the Affiliate, and applies regardless of whether Shopify Collabs’ interface displays, defaults to, or natively supports that exact number of days.

Where Shopify Collabs’ then-current system does not support a custom 34-day Holding Period, AQUALIVIA will apply the closest Holding Period that Shopify Collabs supports as an operational approximation. Independent of Shopify Collabs’ displayed timeline, AQUALIVIA additionally reserves the contractual right to withhold, delay, or place a commission in dispute status for up to 34 days from the underlying transaction, or longer where a fraud, chargeback, refund, or compliance investigation into that transaction is actively pending.

During the Holding Period, commissions remain pending and are not considered finally earned or payable.

A pending commission may be canceled, adjusted, disputed, or reversed if an order is:

Canceled
Refunded
Fully returned
Fraudulent
Unauthorized
Subject to a chargeback
Duplicated
Determined to be a prohibited self-referral
Generated through prohibited promotional activity
Generated in violation of these Affiliate Terms
Otherwise determined to be ineligible under Shopify Collabs rules

AQUALIVIA may open a commission dispute at any time during the applicable Holding Period, and may extend the Holding Period for a specific transaction where AQUALIVIA reasonably believes a commission is improper, fraudulent, or requires further investigation, until that investigation is resolved.

7. PAYMENTS

Commissions administered through Shopify Collabs will be processed according to Shopify Collabs’ then-current payment procedures.

AQUALIVIA does not guarantee a specific payment date where payment timing depends on Shopify, a payment processor, banking institution, tax documentation, identity verification, account status, or other third-party requirements.

Affiliates are responsible for maintaining valid payout information.

AQUALIVIA is not responsible for payment delays caused by:

Incorrect Affiliate information
Failure to activate payouts
Failure to submit tax documentation
Banking errors
Shopify account restrictions
Payment processor restrictions
Governmental holds
Identity verification issues
Circumstances outside AQUALIVIA’s reasonable control

8. TAXES AND W-9 REQUIREMENTS

Affiliates are independent contractors and are solely responsible for their own federal, state, local, and other tax obligations.

AQUALIVIA may require U.S. Affiliates to provide a valid Form W-9 or other tax documentation through Shopify Collabs or another approved method.

Failure to provide requested tax information may delay or restrict payments as permitted by Shopify’s policies and applicable law.

Nothing in this Agreement constitutes tax advice.

9. ATTRIBUTION AND TRACKING

Commission is payable only when a qualifying transaction is properly attributed to the Affiliate through Shopify Collabs or another tracking system expressly authorized by AQUALIVIA.

Affiliate acknowledges that internet tracking is not infallible.

Potential issues may include:

Deleted cookies
Browser privacy settings
Tracking-prevention software
Device switching
Customer use of another Affiliate’s link
Customer use of another Affiliate’s discount code
Customer navigation outside the tracking session
Ad blockers
Technology failures
Shopify attribution rules
Customer checkout behavior

AQUALIVIA does not guarantee credit for transactions that Shopify Collabs does not attribute to the Affiliate.

Shopify Collabs records and AQUALIVIA’s transaction records will be the primary records used to determine attribution and commission eligibility.

Affiliates may not manipulate attribution or tracking.

10. PROHIBITED COMMISSION MANIPULATION

The following are strictly prohibited:

Cookie stuffing
Forced clicks
Invisible pixels designed to create false attribution
Link hijacking
Redirect hijacking
Browser extensions that improperly inject affiliate tracking
Adware
Spyware
Toolbar injection
Automated clicks
Artificial traffic
Bot traffic
Fake purchases
Fake accounts
Coordinated refund schemes
Commission laundering
Attribution theft
Misrepresentation of traffic sources
Unauthorized alteration of tracking parameters
Any technique designed to obtain commission without a genuine Affiliate referral

AQUALIVIA may suspend the Affiliate immediately if suspicious activity is detected.

11. SELF-REFERRALS

Affiliates may not earn commission on their own purchases.

This prohibition includes attempts to circumvent the restriction through:

Another email address
Another Shopify account
A business owned or controlled by the Affiliate
An employee acting for the Affiliate
A payment card belonging to the Affiliate
A shipping address controlled by the Affiliate
Another person acting as a nominee or intermediary for the Affiliate

An Affiliate who wishes to purchase an AQUALIVIA product personally may contact AQUALIVIA directly.

AQUALIVIA may, in its discretion, offer an Affiliate a personal-purchase discount.

A personal-purchase discount does not create a commission.

12. FRIEND AND FAMILY REFERRALS

Genuine purchases by an Affiliate’s friends or family members may qualify for commission if the transaction is legitimate, independent, and not designed to circumvent the self-purchase prohibition.

AQUALIVIA may investigate referrals that reasonably appear to be self-purchases or artificial transactions.

13. CUSTOMER DISCOUNT CODES

AQUALIVIA may provide an Affiliate with a customer discount code.

Discount codes are optional and may vary by Affiliate, campaign, product, or period.

Unless expressly authorized in writing, Affiliates may not:

Create their own AQUALIVIA coupon
Modify an issued discount
Promise a discount not authorized by AQUALIVIA
Publish private codes on coupon websites
Submit codes to deal aggregators
Stack codes
Represent that a discount will remain available indefinitely
Sell or transfer a discount code
Use another Affiliate’s code
Represent themselves as AQUALIVIA in connection with a discount

AQUALIVIA may modify, deactivate, replace, or withdraw discount codes at any time.

14. COUPON AND DEAL SITES

Coupon websites, deal websites, rebate websites, cashback websites, coupon aggregators, browser coupon extensions, discount-code databases, and similar services are prohibited unless AQUALIVIA gives prior written authorization.

Affiliates may not intentionally allow their private codes to be distributed through such services.

If an Affiliate becomes aware that a code has leaked to an unauthorized coupon or deal site, the Affiliate must notify AQUALIVIA promptly.

15. PAID ADVERTISING

Affiliates may not conduct paid advertising for AQUALIVIA without AQUALIVIA’s prior written authorization.

This prohibition includes, without limitation:

Google Ads
Microsoft/Bing Ads
Facebook Ads
Instagram Ads
TikTok Ads
YouTube Ads
Pinterest Ads
Native advertising
Display advertising
Sponsored search
Retargeting
Programmatic advertising
Paid influencer amplification
Paid placement intended to generate Affiliate commission

Written approval may contain additional conditions, budgets, targeting restrictions, creative requirements, geographic restrictions, or account-access requirements.

Approval for one campaign does not constitute approval for future campaigns.

16. TRADEMARK BIDDING

Affiliates may not bid on, purchase, target, or otherwise use AQUALIVIA trademarks or brand identifiers as paid-search keywords without prior written permission.

This includes:

AQUALIVIA
AQUALIVIA LLC
AQUALIVIA product names
Product trademarks
Misspellings
Typographical variants
Similar spellings
Domain variations
Phrases intended to capture traffic searching specifically for AQUALIVIA

Affiliates may not attempt to outrank or displace AQUALIVIA’s own paid advertising using AQUALIVIA-branded search terms.

17. DOMAIN NAMES, USERNAMES, AND IMPERSONATION

Affiliates may not register or use any domain name, subdomain, social media username, page name, group name, business listing, app name, email address, or account that could reasonably imply that it is owned, operated, endorsed, or controlled by AQUALIVIA.

Examples of prohibited names include names such as:

AQUALIVIA Deals
Official AQUALIVIA
AQUALIVIA USA Store
AQUALIVIA Support
AQUALIVIA Outlet

Affiliates may identify themselves truthfully as an independent AQUALIVIA affiliate where appropriate.

They may not impersonate AQUALIVIA, its owners, employees, customer support team, technicians, water specialists, manufacturers, or representatives.

18. MARKETPLACES AND RESALE

Affiliates are not authorized resellers unless AQUALIVIA expressly grants separate written authorization.

Without prior written permission, Affiliates may not list, sell, offer, or advertise AQUALIVIA products for sale on:

Amazon
eBay
Walmart Marketplace
Etsy
Facebook Marketplace
TikTok Shop
Temu
Alibaba
Craigslist
Third-party e-commerce marketplaces
Unauthorized online stores

Participation in the Affiliate Program does not create distributor, dealer, reseller, franchise, or wholesale rights.

19. CONTENT APPROVAL IS MANDATORY

All Affiliate promotional content relating to AQUALIVIA must receive AQUALIVIA approval before publication.

This requirement applies to:

Videos
Reels
TikToks
Shorts
YouTube videos
Blog posts
Articles
Reviews
Social media posts
Captions
Stories
Livestream scripts
Podcasts
Voiceovers
Email campaigns
SMS campaigns
Landing pages
Advertisements
Images
Carousels
Thumbnails
Graphics
Product comparisons
Testimonials
Scripts
AI-generated content
AI-generated voiceovers
AI-generated images or video
Any other promotional communication

Approval must be obtained through a method recognized by AQUALIVIA, which may include email, Shopify Collabs, or another designated communication channel.

Silence does not constitute approval.

20. CHANGES AFTER APPROVAL

Approval applies only to the version of the content reviewed by AQUALIVIA.

Any material change may require new approval.

Material changes include changes to:

Product claims
Health claims
Performance claims
Pricing
Discounts
Warranty statements
Installation statements
Comparisons
Scripts
Voiceovers
Headlines
Thumbnails
Calls to action
Statements regarding contaminants
Statements regarding safety
Statements regarding certification

Minor formatting changes that do not change meaning generally do not require reapproval unless AQUALIVIA instructs otherwise.

21. APPROVAL DOES NOT TRANSFER RESPONSIBILITY

AQUALIVIA’s review or approval of Affiliate content does not relieve the Affiliate of responsibility for complying with applicable law, platform policies, intellectual-property law, privacy law, disclosure requirements, or these Affiliate Terms.

The Affiliate remains responsible for ensuring that the Affiliate’s content is lawful and that the Affiliate has all necessary rights to content supplied by the Affiliate.

22. PRODUCT CLAIMS

Affiliates may make only product claims that:

Are contained in current AQUALIVIA-approved materials;
Apply to the specific product being discussed;
Are not materially changed or exaggerated;
Are presented with any required qualifications or limitations; and
Have been approved for use in the Affiliate’s content.

Affiliates must not independently create technical performance claims.

Affiliate may not state or imply that an AQUALIVIA product:

Removes every contaminant
Makes all water safe
Guarantees safe drinking water
Guarantees pathogen-free water
Prevents disease
Treats illness
Cures illness
Improves a medical condition
Prevents cancer
Detoxifies the human body
Provides guaranteed health benefits
Produces identical results for every customer
Has a certification it does not have
Has been tested for a contaminant when that specific product has not been tested for that claim

Product claims must match the specific system, configuration, media, technology, certification, testing, and operating conditions applicable to that product.

23. WATER TESTING AND SYSTEM SELECTION

Water treatment performance depends on water conditions, system selection, sizing, configuration, installation, maintenance, and other factors.

Affiliates may not represent themselves as having authority to engineer, size, prescribe, or guarantee an AQUALIVIA system unless separately authorized by AQUALIVIA in writing.

Where appropriate, Affiliates should direct customers to AQUALIVIA for product-selection assistance.

Affiliates must not guarantee that a particular system will solve a customer’s water problem without sufficient information and AQUALIVIA authorization.

24. MEDICAL, HEALTH, AND SAFETY CLAIMS

Affiliates must not make unauthorized medical, health, disease, therapeutic, or safety claims concerning AQUALIVIA products or treated water.

Affiliates may not exploit:

Pregnancy
Children
Infants
Elderly consumers
Immunocompromised persons
Cancer
Disease
Medical conditions
Fear of contamination

to make unsupported or manipulative claims.

Educational discussion must remain accurate, responsible, and consistent with AQUALIVIA-approved materials.

25. FEAR-BASED MARKETING

AQUALIVIA does not permit deceptive fear-based marketing.

Affiliates may discuss legitimate water-quality issues but may not fabricate, exaggerate, sensationalize, or misrepresent risks to pressure consumers into purchasing.

Prohibited examples include falsely stating or implying that:

A customer’s water is dangerous without evidence
A customer’s family is being poisoned
A customer will become sick without an AQUALIVIA system
A contaminant exists in a customer’s water without testing or reliable evidence
Immediate purchase is necessary to avoid injury where no such basis exists

26. INSTALLATION REPRESENTATIONS

AQUALIVIA sells residential water-treatment equipment and generally does not perform residential installation.

Affiliates may not promise or guarantee:

Residential installation by AQUALIVIA
Installer availability
Installation pricing
Plumbing costs
Electrical costs
Permit costs
Installation timelines
Code approval
Installation outcomes
Labor warranty
Property modifications

unless the specific statement has been approved by AQUALIVIA.

Any independent installer is a separate business unless AQUALIVIA expressly states otherwise.

Affiliates may not represent an independent installer as an employee, agent, franchisee, or controlled representative of AQUALIVIA.

27. WARRANTIES, RETURNS, SHIPPING, AND PRICING

Affiliates must accurately represent AQUALIVIA’s then-current:

Product prices
Promotions
Return Policy
Limited Warranty
Shipping Policy
Installation requirements
Product availability

Affiliates may not create additional warranties or guarantees on behalf of AQUALIVIA.

Affiliates may not promise:

Lifetime warranty unless specifically applicable
Free installation
Free return shipping
Guaranteed delivery dates
Guaranteed performance
Guaranteed contaminant reduction beyond approved claims
A return right broader than AQUALIVIA’s applicable Return Policy

If a website policy changes, the current policy published by AQUALIVIA controls.

28. FTC DISCLOSURE REQUIREMENTS

Affiliates must clearly and conspicuously disclose their material relationship with AQUALIVIA whenever required by law.

The disclosure must be easy for an ordinary consumer to notice, understand, and associate with the endorsement.

Acceptable disclosures may include statements such as:

“I may earn a commission if you purchase through my link.”

or:

“Paid affiliate relationship with AQUALIVIA.”

Depending on the platform and circumstances, terms such as #ad or #sponsored may also be appropriate.

A disclosure must not be:

Hidden
Buried among hashtags
Placed only on a profile page
Placed only after a “more” button where consumers are unlikely to see it
Made ambiguous
Presented in a way likely to be overlooked

Video content may require both visual and spoken disclosure where appropriate.

Platform disclosure tools should be used where required, but use of a platform tool does not eliminate the Affiliate’s obligation to provide legally sufficient disclosure.

29. HONEST ENDORSEMENTS

Affiliates may not claim personal experience with an AQUALIVIA product they have not actually used.

Affiliates must provide honest opinions and experiences.

Affiliates may not:

Fabricate testimonials
Purchase fake testimonials
Create fake customer reviews
Pretend to be an independent customer
Pay for positive reviews without required disclosure
Suppress legitimate negative reviews unlawfully
Use an AI-generated person to falsely appear to be a real customer giving a real testimonial
Attribute fabricated experiences to a real or fictional person

30. ARTIFICIAL INTELLIGENCE AND SYNTHETIC MEDIA

Affiliates may use AI-assisted tools only in a manner consistent with these Affiliate Terms.

AI-generated or AI-modified content concerning AQUALIVIA remains subject to prior approval.

Affiliates may not use AI to:

Fabricate customer experiences
Create fake laboratory results
Create fake certifications
Fabricate water test results
Clone the voice of an AQUALIVIA representative without written permission
Create unauthorized digital replicas of AQUALIVIA personnel
Create fake interviews with AQUALIVIA employees
Falsify product performance
Create misleading before-and-after demonstrations
Falsely represent AI-generated content as authentic evidence

31. EMAIL MARKETING

Affiliates may use email marketing only if it complies with applicable law and these Affiliate Terms.

Affiliates may not:

Send spam
Use purchased email lists unlawfully
Falsify sender information
Use misleading subject lines
Impersonate AQUALIVIA
Send email from an address that falsely appears to belong to AQUALIVIA
Represent that an email was sent by AQUALIVIA unless expressly authorized

The Affiliate is solely responsible for obtaining any consent required for the Affiliate’s email marketing activities.

32. SMS, TEXT MESSAGING, AND TELEMARKETING

Affiliates may not conduct SMS marketing, automated text messaging, robocalling, prerecorded calling, or telemarketing using the AQUALIVIA name unless expressly approved in writing.

Where approved, the Affiliate is solely responsible for obtaining legally sufficient consent and complying with applicable federal and state laws.

AQUALIVIA does not authorize Affiliates to purchase or use third-party lead lists in AQUALIVIA’s name.

33. LEAD GENERATION

Affiliate status does not authorize the Affiliate to operate as an AQUALIVIA lead-generation agency.

Affiliates may not collect sensitive customer information while impersonating AQUALIVIA.

Affiliates may not create unauthorized “AQUALIVIA quote,” “AQUALIVIA water test,” “AQUALIVIA financing,” or similar forms that could cause a consumer to believe the form is operated by AQUALIVIA.

34. INTELLECTUAL PROPERTY LICENSE

While the Affiliate remains in good standing, AQUALIVIA grants the Affiliate a limited, revocable, non-exclusive, non-transferable license to use approved AQUALIVIA trademarks, logos, product images, videos, and other approved marketing materials solely for authorized participation in the Program.

No ownership rights are transferred.

The Affiliate may not:

Alter AQUALIVIA trademarks
Create derivative logos
Change product branding
Remove copyright or trademark notices
Register AQUALIVIA intellectual property
License AQUALIVIA materials to others
Sell AQUALIVIA marketing assets
Use the materials after authorization ends

Upon termination, the Affiliate must discontinue unauthorized use of AQUALIVIA intellectual property.

35. AFFILIATE CONTENT LICENSE TO AQUALIVIA

For Affiliate-created content submitted to and approved by AQUALIVIA, the Affiliate grants AQUALIVIA a non-exclusive, worldwide, royalty-free license to reproduce, repost, display, distribute, archive, and share the approved content through AQUALIVIA-owned organic channels, including:

AQUALIVIA social media accounts
AQUALIVIA websites
AQUALIVIA blog
Organic email communications
Internal presentations
Affiliate-program materials

Where reasonably appropriate, AQUALIVIA may provide creator attribution.

Use of an Affiliate’s content as paid advertising creative requires separate written authorization from the Affiliate unless the parties have entered into a separate agreement granting those rights.

Affiliate represents that Affiliate owns or controls the rights necessary to grant the license above.

36. THIRD-PARTY INTELLECTUAL PROPERTY

Affiliates may not include third-party music, photography, video, trademarks, copyrighted works, likenesses, or other protected material in AQUALIVIA promotional content unless the Affiliate has the legal right to use that material for the intended commercial use.

The Affiliate is responsible for obtaining necessary licenses and permissions.

37. SUB-AFFILIATES

Affiliates may not create sub-affiliate networks, recruit commission-sharing sub-affiliates, sublicense their Affiliate relationship, or distribute AQUALIVIA tracking links through an affiliate network without prior written authorization.

Affiliate credentials, tracking links, and codes are issued for the approved Affiliate’s use.

38. NON-TRANSFERABILITY

Affiliate participation may not be sold, assigned, transferred, sublicensed, or delegated by the Affiliate without AQUALIVIA’s prior written consent.

39. ASSIGNMENT BY AQUALIVIA

AQUALIVIA may assign or transfer these Affiliate Terms and its rights and obligations under the Program, in whole or in part, without the Affiliate’s consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of AQUALIVIA’s assets related to the Program.

These Affiliate Terms will bind and inure to the benefit of AQUALIVIA’s successors and permitted assigns.

40. CONFIDENTIAL INFORMATION

AQUALIVIA may provide Affiliates with nonpublic information, including:

Upcoming products
Pricing information
Private promotional schedules
Unreleased marketing material
Commission structures
Business strategies
Product-development information
Technical information
Internal documents

Affiliates must maintain the confidentiality of information identified as confidential or that a reasonable person would understand to be confidential.

This obligation survives termination.

41. INDEPENDENT CONTRACTOR

Affiliate is an independent contractor.

Nothing in these Affiliate Terms creates:

Employment
Partnership
Joint venture
Agency
Franchise
Dealer relationship
Distributor relationship
Fiduciary relationship

Affiliate has no authority to enter into contracts on behalf of AQUALIVIA or bind AQUALIVIA to any obligation.

Affiliate may not state or imply otherwise.

42. NO EXCLUSIVITY

Unless separately agreed in writing, participation in the Program is non-exclusive.

AQUALIVIA may work with any number of Affiliates, creators, dealers, distributors, advertisers, agencies, or other partners.

43. COMPLIANCE MONITORING

AQUALIVIA may monitor Affiliate promotional activity to protect consumers and the AQUALIVIA brand.

Affiliate agrees to reasonably cooperate with compliance inquiries.

AQUALIVIA may request:

URLs
Screenshots
Copies of advertisements
Traffic-source explanations
Campaign records
Disclosure examples
Removal or correction of content
Information reasonably related to suspected Program abuse

Failure to cooperate may result in suspension or termination.

44. CORRECTION AND TAKEDOWN RIGHTS

AQUALIVIA may require an Affiliate to edit, correct, disable, or remove promotional content that AQUALIVIA reasonably determines is:

Inaccurate
Outdated
Misleading
Unapproved
Noncompliant
Harmful to the brand
Legally problematic
Inconsistent with product specifications
Inconsistent with current policies

Affiliate must act promptly after receiving such a request.

Where circumstances involve an urgent legal, consumer-safety, intellectual-property, platform, or reputational issue, AQUALIVIA may require immediate removal.

45. FRAUD AND PROGRAM ABUSE

AQUALIVIA maintains zero tolerance for fraud or intentional Program manipulation.

AQUALIVIA may investigate unusual activity, including:

Unusual conversion rates
High return rates
Repeated customer identities
Repeated payment methods
Suspicious IP activity
Discount-code leakage
Unusual geographic traffic
Bot traffic
Incentivized transactions
Duplicate accounts
Self-referrals
False identities

AQUALIVIA may suspend an Affiliate while a reasonable investigation is pending.

46. COMMISSION REVERSAL AND OFFSET

To the extent permitted by law and applicable Shopify rules, commissions may be canceled or reversed for transactions that become ineligible under these Affiliate Terms.

If a commission was paid and the underlying transaction is later determined to have resulted from fraud, a prohibited self-referral, chargeback, payment reversal, or other conduct making the transaction ineligible, AQUALIVIA may seek repayment or offset the improperly paid amount against future amounts otherwise payable to the Affiliate, where legally permissible.

47. SUSPENSION

AQUALIVIA may temporarily suspend an Affiliate where AQUALIVIA reasonably believes investigation is required.

During suspension, AQUALIVIA may:

Disable Affiliate links
Disable discount codes
Pause promotional activity
Restrict access to materials
Dispute eligible pending commissions through Shopify Collabs
Require corrective action

Suspension is not necessarily termination.

48. TERMINATION

Either party may end the Affiliate relationship.

AQUALIVIA may terminate an Affiliate immediately for material breach, including:

Fraud
Misleading advertising
Unauthorized claims
Unauthorized paid advertising
Trademark bidding
Coupon abuse
Fake reviews
Unauthorized marketplace sales
FTC disclosure violations
Repeated failure to obtain content approval
Intellectual-property infringement
Impersonation
Spam
Harassment
Criminal or unlawful activity materially connected to the Program
Conduct reasonably likely to expose AQUALIVIA to significant legal or reputational harm
Violation of Shopify Collabs requirements

AQUALIVIA may also discontinue or restructure the Program upon reasonable notice where practicable.

49. EFFECT OF TERMINATION

Upon termination:

Affiliate must stop representing themselves as an active AQUALIVIA Affiliate.
Affiliate links or codes may be deactivated.
Affiliate must discontinue unauthorized use of AQUALIVIA intellectual property.
Pending commissions remain subject to eligibility review, Shopify rules, the Holding Period, refund activity, fraud review, disputes, and these Affiliate Terms.
Confidentiality, intellectual-property, indemnification, attorneys’ fees, dispute-resolution, and other provisions intended by their nature to survive will survive termination.

Termination does not create entitlement to commissions for future purchases occurring after tracking links or codes are deactivated.

50. PROGRAM CHANGES

AQUALIVIA may modify:

Commission rates
Eligible products
Program structure
Discount codes
Holding periods
Application requirements
Compliance requirements
Marketing rules
Approved claims
Promotional programs

Changes will be communicated through the Program, Shopify Collabs, email, website publication, or another reasonable method.

Changes will apply prospectively unless otherwise required to address fraud, illegality, platform requirements, or an immediate compliance issue.

Where a change materially affects an active Affiliate’s rights or obligations under Section 53 (Indemnification), Section 55 (Limitation of Liability), or Section 58 (Dispute Resolution; Binding Arbitration; Class Action Waiver), the re-acceptance requirement in Section 64 applies.

51. NO GUARANTEE OF INCOME

AQUALIVIA makes no guarantee regarding:

Affiliate earnings
Sales volume
Conversion rates
Traffic
Audience growth
Commission amounts
Duration of the Program
Product availability

Affiliate bears all costs and risks associated with the Affiliate’s own business and promotional activities.

52. LIMITATION OF AUTHORITY

Affiliate has no authority to:

Negotiate on behalf of AQUALIVIA
Alter product pricing
Alter warranties
Make refunds
Approve returns
Provide binding technical guarantees
Accept legal notices on behalf of AQUALIVIA
Enter contracts for AQUALIVIA
Promise installation
Extend credit
Promise financing approval

53. INDEMNIFICATION

To the fullest extent permitted by applicable law, Affiliate agrees to defend, indemnify, and hold harmless AQUALIVIA LLC and its owners, officers, employees, contractors, affiliates, successors, and agents (the “AQUALIVIA Parties”) from third-party claims, damages, liabilities, losses, penalties, judgments, costs, and reasonable attorneys’ fees arising out of or relating to:

Affiliate’s violation of these Affiliate Terms
Affiliate’s unlawful promotional activity
Affiliate’s unauthorized product claims
Affiliate’s failure to make required disclosures
Affiliate’s infringement of third-party rights
Affiliate-created content
Affiliate’s email, SMS, telemarketing, or advertising practices
Affiliate’s fraud or intentional misconduct
Affiliate’s violation of applicable law

This indemnification obligation does not apply to the extent a claim, damage, liability, loss, penalty, judgment, or cost is caused by an AQUALIVIA Party’s own gross negligence, willful misconduct, or fraud, or to the extent the claim arises solely from AQUALIVIA’s approval of specific Affiliate content that the Affiliate published without any unauthorized alteration, misrepresentation, or other independent misconduct by the Affiliate.

Affiliate represents and warrants that Affiliate has full right and authority to enter into these Affiliate Terms, and that Affiliate’s participation in the Program does not and will not violate any other agreement, court order, or legal obligation to which Affiliate is a party or subject.

This section does not require indemnification to the extent prohibited by applicable law.

54. ATTORNEYS’ FEES AND COSTS

If AQUALIVIA brings a claim or proceeding to enforce these Affiliate Terms, to recover a reversed or improperly obtained commission, or to stop unauthorized advertising, trademark bidding, marketplace resale, impersonation, or other prohibited conduct by an Affiliate, and AQUALIVIA is the prevailing party in that claim or proceeding, Affiliate shall reimburse AQUALIVIA for its reasonable attorneys’ fees, expert fees, and costs incurred in that claim or proceeding, to the extent permitted by applicable law.

This section applies in addition to, and not in place of, the indemnification obligations in Section 53.

55. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AQUALIVIA WILL NOT BE LIABLE TO AFFILIATE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM PARTICIPATION IN THE PROGRAM, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR LOSS OF GOODWILL.

TO THE FULLEST EXTENT PERMITTED BY LAW, AQUALIVIA’S AGGREGATE LIABILITY ARISING OUT OF THE AFFILIATE PROGRAM WILL NOT EXCEED THE GREATER OF (A) THE COMMISSIONS ACTUALLY PAID OR PAYABLE TO THE AFFILIATE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Nothing in this section excludes liability that cannot legally be limited or excluded.

56. NO WARRANTY REGARDING THIRD-PARTY SYSTEMS

Shopify, Shopify Collabs, social media platforms, payment processors, hosting providers, analytics tools, and other technology services are operated by third parties.

AQUALIVIA does not guarantee uninterrupted availability or error-free operation of third-party systems.

57. GOVERNING LAW

These Affiliate Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except where federal law applies, including as described in Section 58(e).

58. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

(a) Agreement to Arbitrate. Except for the exclusions in subsection (d) below, AQUALIVIA and Affiliate agree that any dispute, claim, or controversy arising out of or relating to these Affiliate Terms, the Program, or the relationship between the parties (a “Dispute”) will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, rather than in court.

(b) Arbitration Procedure. The arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, the arbitration will be conducted in Pasco County, Florida, or, at the Affiliate’s election, remotely by video conference if permitted under the AAA rules then in effect. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(c) Class Action Waiver. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of a representative or class proceeding.

(d) Exclusions. Notwithstanding subsection (a), either party may: (i) bring an individual action in small claims court for a Dispute within that court’s jurisdiction; and (ii) seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction in or over Pasco County, Florida, where necessary to protect intellectual property, confidential information, or to prevent fraud, unauthorized advertising, or other immediate harm, pending resolution of the Dispute in arbitration.

(e) Federal Arbitration Act; Severability. This arbitration agreement is governed by the Federal Arbitration Act. If any part of this Section 58 is found unenforceable, it should be modified to the minimum extent necessary to make it enforceable, and if it cannot be so modified, the unenforceable part will be severed and the remainder of this Section 58 will remain in effect; provided, however, that if the Class Action Waiver in subsection (c) is found unenforceable, the entire arbitration agreement in this Section 58 (other than subsection (d)) will be null and void, and Disputes will instead be resolved as set forth in subsection (f).

(f) Fallback Venue. If, for any reason, a Dispute is not subject to arbitration under this Section 58, the parties consent to the exclusive jurisdiction and venue of the state or federal courts located in Pasco County, Florida, to the extent permitted by law.

59. SHOPIFY ENFORCEMENT

Affiliate acknowledges that Shopify may independently investigate or take action regarding violations of Shopify Collabs rules.

AQUALIVIA does not control Shopify’s independent enforcement decisions.

Actions taken by Shopify may affect Affiliate links, codes, commissions, payments, or Program participation.

60. SEVERABILITY

If any provision of these Affiliate Terms is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

61. FORCE MAJEURE

Neither party will be liable for any failure or delay in performance under these Affiliate Terms to the extent caused by circumstances beyond that party’s reasonable control, including acts of God, natural disaster, hurricane, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, labor dispute, governmental action, internet or telecommunications failure, or the failure or unavailability of Shopify, Shopify Collabs, or another third-party platform or service.

62. WAIVER

AQUALIVIA’s failure to enforce a provision at any particular time does not waive AQUALIVIA’s right to enforce that provision later.

63. ENTIRE AFFILIATE AGREEMENT

These Affiliate Terms, together with the Affiliate’s active offer in Shopify Collabs, applicable approved campaign terms, AQUALIVIA policies expressly incorporated by reference, and any separate written agreement executed by AQUALIVIA, constitute the agreement governing the Affiliate’s Program participation.

64. ELECTRONIC ACCEPTANCE

These Affiliate Terms are binding on an Affiliate only upon the Affiliate’s affirmative acceptance. Affiliate accepts these Affiliate Terms by taking one of the following affirmative actions:

Checking an acceptance checkbox presented alongside these Affiliate Terms;
Clicking an “I Agree,” “Accept,” “Apply,” or similarly labeled acceptance button presented alongside these Affiliate Terms;
Accepting a Shopify Collabs offer or invitation that is presented together with, or that hyperlinks directly to, these Affiliate Terms; or
Signing these Affiliate Terms electronically.

Mere participation in the Program, without one of the affirmative actions described above, does not by itself constitute acceptance of these Affiliate Terms. AQUALIVIA will retain a record of the date, method, and version of these Affiliate Terms accepted by each Affiliate.

If these Affiliate Terms are revised under Section 50 (Program Changes) in a manner that materially affects an active Affiliate’s rights or obligations, including any change to Section 53 (Indemnification), Section 55 (Limitation of Liability), or Section 58 (Dispute Resolution; Binding Arbitration; Class Action Waiver), AQUALIVIA will provide notice and require the Affiliate to affirmatively re-accept the revised Affiliate Terms before the revised terms become binding on that Affiliate.

65. CONTACT

Questions concerning the AQUALIVIA Affiliate Program or these Affiliate Terms should be directed to:

AQUALIVIA LLC Florida, United States Email: info@aqualivia.com Website: www.aqualivia.com

AFFILIATE APPLICATION ACCEPTANCE

By checking the acceptance box, clicking “Accept,” or otherwise affirmatively accepting these Affiliate Terms as described in Section 64, I confirm that:

I am at least 18 years old.
I have read and agree to the AQUALIVIA Affiliate Program Terms & Conditions.
I understand that all AQUALIVIA promotional content requires approval before publication.
I agree to make clear and conspicuous FTC-compliant affiliate disclosures.
I understand that paid advertising, trademark bidding, coupon/deal-site promotion, marketplace resale, and self-referral commissions are prohibited unless specifically authorized by AQUALIVIA in writing.
I understand that I may make only AQUALIVIA-approved product and performance claims.
I understand that participation in the Program does not make me an employee, agent, dealer, distributor, installer, or representative authorized to bind AQUALIVIA.
I understand that commissions are subject to eligibility requirements, Shopify Collabs tracking, the applicable 34-day Holding Period, refunds, cancellations, chargebacks, fraud review, and these Affiliate Terms.
I understand that disputes between me and AQUALIVIA will be resolved through individual binding arbitration rather than in court, and that I am waiving my right to participate in a class, collective, or representative action, as described in Section 58.

By affirmatively accepting these terms, I agree to these conditions.