AFFILIATE TERMS OF USE AGREEMENT
BETWEEN:
Concordia Practice Management, LLC d/b/a EnnuLife.com, Ennu.co and/or EnnuPeptides.com (“Company”)
4211 Springhurst Dr., Suite 201 Louisville, KY 40241
Attn: Mdegrella@ennu.co
AND:
“Affiliate”
Affiliate Terms of Use
As an authorized affiliate (Affiliate) of the Company, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting the Company as an Affiliate.
Your participation in the Program is solely to legally advertise our website(s) to receive a commission on memberships and products purchased by individuals referred to the Company’s websites by your own website or personal referrals.
By signing up for the Company’s Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
1. PROGRAM OVERVIEW
1.1 Program Description
The Company operates an affiliate marketing program (“Program”) that allows approved affiliates to promote The Company’s health and wellness services and products in exchange for commission payments.
1.2 Affiliate Responsibilities
Affiliate agrees to promote The Company services in accordance with this Agreement and all applicable laws and regulations.
2. COMMISSION & QUALIFYING SALES
2.1 Commission Rate
Affiliate shall receive a 10% commission on all qualifying sales generated through Affiliate’s unique tracking link or affiliate code.
2.2 Qualifying Sales
- Sales must be generated through Affiliate’s unique tracking link or affiliate code
- A Sale is defined by a monetary payment to the Company for services and products booked through the affiliate’s link.
- Customer must complete purchase within 30 days of clicking Affiliate’s link
- Sales are defined as initial service purchase and/or recuring subscription payments up to 12 months
- Only sales from active, non-terminated affiliates (as of the commission paid date) are considered for commission
- You cannot refer yourself, and you will not receive a commission on your own accounts.
3. PAYMENT TERMS
3.1 Payment Threshold
Affiliate must earn a minimum of $100 in commissions before payment will be processed.
3.2 Payment Schedule
- Payments are processed monthly on the 15th of each month
- Payments cover commissions earned in the preceding calendar month
- All payments are made via ACH or otherwise defined by the Company (See secure link to ACH form on our site)
3.3 Payment Calculation
Commissions are calculated based on:
- Net sale amount (after discounts and taxes)
- Excludes shipping, handling, and processing fees
- Adjusted for returns, cancellations, and chargebacks
- Based on actual payment received by the Company.
3.4 Tax Obligations
Affiliate is responsible for all taxes related to commission payments. Company or its processor will issue appropriate tax documentation as required by law.
4. PROMOTIONAL GUIDELINES
4.1 Approved Marketing Methods
- Social media platforms (Instagram, Facebook, TikTok, LinkedIn, YouTube)
- Email marketing (with proper disclosure)
- Blog posts and content marketing
- Video content and live streams
- Podcast appearances and interviews
4.2 Content Requirements
- All content must be authentic and truthful
- No false or misleading claims about The Company services
- Must comply with FTC disclosure requirements
- Content should focus on personal experience, education and consultation, not medical treatment claims
- Include appropriate medical disclaimers
4.3 Required Disclosures
- Affiliate Disclosure: Must be clear and conspicuous
- Medical Disclaimer: Required on all health-related content
- FTC Compliance: Follow all Federal Trade Commission guidelines
- Transparency: Honest representation of affiliate relationship
4.4 Prohibited Practices
- Spam or unsolicited marketing
- False advertising or misleading claims
- Promotion on adult content or inappropriate websites
- Use of The Company trademarks without permission outside the scope of this Agreement.
- Promotion of competing services during exclusivity period
- Medical claims or treatment promises
- Before/after photos without proper disclaimers
- Make any derogatory statements about The Company products or services
- Link to any third-party websites, other than the Social Channels, on the Affiliate Page or otherwise redirect visitors of the Affiliate Page to third-party websites
- Resell or distribute any of the Company’s, including those received for free or as gifts, for commercial purposes, other than via the Affiliate Page
- Promote the Company’s products and/or services, the Company’s brand(s), or the Program and/or the Affiliate Page via any paid media channels including but not limited to PPC bidding
- Promote the Company’s products and/or services, the Company’s, the Program and/or the Affiliate Page via any website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive, or discriminate
- Engage in any fraudulent transactions, as reasonably determined by the Company, including without limitation making transactions from affiliate’s IP addresses or computers under affiliate’s control.
- Promote Company’s products or the Company’s brand in a way that encourages use by anyone under age 21.
4.5 Coupon and Deal Sites
The Company occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on the Company’s Coupons, Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
5. INTELLECTUAL PROPERTY
5.1 Company IP
- The Company retains all rights to its trademarks, logos, and brand assets AND PROPRIETARY TECHNOLOGY
- Affiliate may use approved marketing materials provided by Company
- Affiliate may not modify Company’s intellectual property without written permission
- All usage must comply with the Company’s brand guidelines
5.2 Affiliate Content
- Affiliate retains ownership of original content created for the Program
- Affiliate agrees to remove content created for the program upon Company’s request within 24 hours.
- Affiliate grants Company a non-exclusive license to use Affiliate’s content for marketing purposes
- This license continues for six (6) months after termination of this Agreement unless otherwise agreed to in writing.
5.3 Usage Rights
Company may use Affiliate’s content, including but not limited to:
- Social media posts and stories
- Video content and testimonials
- Blog posts and articles
- Marketing materials and case studies
- Affiliate program promotion
6. PERFORMANCE REQUIREMENTS
6.1 Minimum Performance Standards
Affiliates must maintain:
- Content Frequency: Regular promotional content
- Engagement Quality: Authentic audience interaction
- Compliance: Adherence to all program guidelines
- Professional Conduct: Maintain brand reputation
6.2 Performance Monitoring
The Company monitors:
- Content quality and compliance
- Audience engagement and growth
- Conversion rates and sales performance
- Overall program contribution
6.3 Performance Improvement
If performance falls below standards:
- May terminate agreement
- Company may provide feedback and guidance
7. EXCLUSIVITY REQUIREMENTS
7.1 Exclusivity Period
Affiliate agrees to exclusivity with The Company for the duration of this Agreement
- During Program Participation: Full exclusivity required
- Post-Termination: 6 months exclusivity period
- Scope: Subscription based virtual and in person medical health and access, MedTech, Peptide Sales and Aesthetic product and services category. Geographic scope limited to states served for virtual care, 50 mile radius of physical aesthetic offices and national scope for peptide sales.
7.2 Exclusivity Scope
During the exclusivity period, Affiliate shall not:
- Promote competing health and wellness products and services.
- Enter into similar affiliate agreements with competitors
- Create content that could benefit competing services
7.3 Exceptions
Exclusivity does not apply to:
- General wellness content not specific to competing services
- Personal use of competing services
- Content created before entering this Agreement
8. NON-DISPARAGEMENT
8.1 Non-Disparagement Obligation
Affiliate agrees not to make any disparaging, negative, or harmful statements about:
- The Company, its services, products and/or employees
- The affiliate program or commission structure
- Any aspect of the business relationship
8.2 Duration
This non-disparagement obligation continues indefinitely, even after termination of this Agreement.
8.3 Remedies
Violation of this clause may result in:
- Immediate termination of the Agreement
- Forfeiture of unpaid commissions
- Legal action for damages
9. COMPLIANCE, LEGAL & DISCLOSURE
9.1 FTC Compliance
Affiliate must comply with all FTC disclosure requirements:
- Clear disclosure of affiliate relationship
- Honest and accurate content
- No false or misleading claims
- Proper disclosure placement and visibility
9.2 Medical Disclaimer
All promotional content must include appropriate medical disclaimers:
- “These statements have not been evaluated by the FDA”
- “This product is not intended to diagnose, treat, cure, or prevent any disease”
- “Consult with healthcare professionals before starting any wellness program”
- “Individual results may vary”
9.3 Legal Compliance
Affiliates must comply with:
- All applicable federal, state, and local laws
- Industry-specific regulations
- Platform-specific terms of service
- Data protection and privacy laws
10. TERMINATION
10.1 Termination by Company
At any time and its sole discretion, the Company may terminate this agreement with or without cause.
Examples of “cause” are defined by but not limited to those listed below:
- Violation of promotional guidelines
- Subject material containing controversial copy, video, topics and/or imagery potentially harmful to company goodwill
- False or misleading advertising
- Failure to maintain disclosure compliance
- Breach of exclusivity requirements
- Poor performance or non-compliance
- Any other material breach of these Terms
If there is a change of control, management and/or ownership, the company may at its sole discretion immediately terminate this agreement.
10.2 Termination by Affiliate
Affiliate may terminate this Agreement with thirty (30) days written notice to Company.
10.3 Post-Termination Obligations
- Affiliate must remove all The Company promotional content within seven (7) days
- Company will pay all commissions less calculated deductions within thirty (30) days unless Affiliate violates Section 6.1 “Termination for Cause”
- Exclusivity restrictions remain in effect for six (6) months after termination
- Affiliate must return all Company materials and assets
11. GENERAL PROVISIONS
11.1 Independent Contractor
Affiliate is an independent contractor, not an employee of Company.
11.2 Informal Resolution
Parties agree to attempt informal resolution of disputes before formal proceedings.
11.3 Mediation
If informal resolution fails, parties agree to participate in mediation.
11.4 Governing Law
This Agreement is governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law principles.
11.5 Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
11.6 Amendments
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
11.7 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11.8 Indemnification
Affiliate shall indemnify and hold harmless the Company and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by the Company to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
12. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Company’s affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Company’s application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
