Affiliate Partner Agreement

Purpose

The purpose of the Eugene The Wayward Frog Affiliate Program (“Affiliate Program”) is to allow approved Affiliate Partners to promote qualifying Eugene The Wayward Frog products using an approved referral link, promotional code, or other attribution method assigned or accepted by the Company.

The Affiliate Program compensates Affiliate Partners for verified qualifying product sales generated through approved attribution methods.

The Program may also compensate an eligible Founding Affiliate Partner when a Recruited Affiliate Partner personally enrolled by that FAP generates a qualifying sale, subject to the conditions and limits in this Agreement.

No compensation is earned merely by enrolling another Affiliate Partner. A verified qualifying product sale must occur.

Program Definitions

The following terms apply throughout this Agreement:

Affiliate Partner

An individual or entity approved by the Company to participate in the Affiliate Program.

Founding Affiliate Partner (FAP)

An approved Affiliate Partner who is authorized to personally enroll one or more Recruited Affiliate Partners and who may qualify for direct referral-group compensation on qualifying sales generated by those personally enrolled partners.

Recruited Affiliate Partner (RAP)

An approved Affiliate Partner who entered the Affiliate Program through the approved referral or enrollment of a Founding Affiliate Partner.

Personal Sale

A qualifying sale attributed directly to an Affiliate Partner’s own approved referral link, promotional code, or attribution method.

Referral Group

The group of Recruited Affiliate Partners personally enrolled by a particular Founding Affiliate Partner and approved by the Company as directly connected to that FAP.

Personally Enrolled

Directly referred to and properly registered in the Affiliate Program through the applicable Founding Affiliate Partner’s approved enrollment or referral process.

Qualifying Sale

A completed, verified, eligible, and properly attributed customer purchase that satisfies this Agreement and has not been cancelled, refunded, reversed, charged back, or disqualified.

Eligible Net Product Revenue

The amount designated by the Company as eligible for commission calculation after any applicable exclusions, discounts, refunds, taxes, shipping charges, processing costs, or other adjustments identified by the Company.

An Affiliate Partner may have different direct roles in different relationships. For example, a person may be an RAP in relation to the FAP who personally enrolled them and, if separately authorized, may act as an FAP in relation to another Affiliate Partner they personally enroll.

Each commission relationship remains direct and separate and is subject to the one-level limit in this Agreement.

Eligibility and Approval

Submission of an Affiliate Registration Form does not guarantee acceptance into the Affiliate Program.

The Company may approve, decline, suspend, limit, or revoke an application or Affiliate Partner role at its discretion, subject to applicable law.

The Company may determine whether an approved participant is authorized to participate as:

• a Founding Affiliate Partner;
• a Recruited Affiliate Partner;
• both, in separate direct relationships; or
• an Affiliate Partner without referral-group privileges.

Affiliate Partners must provide accurate, complete, and current registration, contact, promotional, tax, and payment information.

Affiliate Partners are responsible for promptly updating their information whenever it changes.

Each Affiliate Partner is responsible for maintaining the confidentiality and security of their Affiliate account, referral links, promotional codes, passwords, and payment information.

An Affiliate Partner may not create duplicate, misleading, fictitious, or unauthorized accounts to obtain commissions or manipulate attribution.

Qualifying Products

The Affiliate Program may apply to the following products when designated by the Company as commission-eligible:

• Eugene The Wayward Frog eBooks;
• Eugene The Wayward Frog audiobooks;
• printed books designated as eligible;
• approved Eugene The Wayward Frog merchandise; and
• other products or campaigns identified by the Company.

The Company reserves the right to add, remove, replace, restrict, or exclude products from the Affiliate Program.

Product availability, pricing, commission eligibility, and campaign terms may vary by product, platform, sales channel, territory, or promotional period.

Commission Structure

FAP Personal Sale

When a Founding Affiliate Partner directly generates a qualifying sale and no eligible referral-group commission applies, the FAP may receive up to:

RAP Personal Sale

When a Recruited Affiliate Partner generates a qualifying sale and an eligible direct FAP–RAP relationship exists, the standard commission pool is divided as follows:

The 35% RAP commission is paid to the Recruited Affiliate Partner whose approved referral generated the qualifying sale.

The 15% FAP commission is paid to the eligible Founding Affiliate Partner who personally enrolled that RAP and whose direct relationship is properly recorded and approved by the Company.

If no eligible FAP relationship is attached to an RAP transaction, the Company will determine the applicable commission allocation according to the active Program settings and written campaign terms.

Illustrative $10.99 Sale

For a qualifying sale calculated from a $10.99 commission-eligible amount, the approximate standard allocation is:

Dollar amounts are illustrative and may be rounded. Actual commissions are determined by the Company’s Program settings, eligible net product revenue, attribution records, and applicable campaign terms.

The Company may modify product prices, eligible revenue definitions, commission percentages, or commission allocations by providing reasonable notice whenever practical.

Changes apply prospectively and will not reduce commissions already earned on verified qualifying sales before the effective date of the change, except where an adjustment is required because of a refund, reversal, fraud determination, calculation error, or other disqualifying event.

Tracking and Qualifying Sales

Each approved Affiliate Partner may receive a unique referral link, promotional code, account identifier, or other approved attribution method.

Commissions will be calculated only from qualifying sales properly attributed through the Company’s approved tracking and sales systems.

A qualifying sale must:

• be attributed to the Affiliate Partner’s approved referral link, promotional code, or attribution method;
• involve a commission-eligible product or campaign;
• be successfully paid for by the customer;
• not be cancelled, refunded, reversed, or charged back;
• not involve fraud, self-dealing, manipulation, or abuse;
• comply with this Agreement and applicable Company policies; and
• be recorded as eligible in the Company’s systems.

Only verified transactions recorded by the Company’s systems qualify for commission payments.

Subject to correction of demonstrable errors, the Company’s records serve as the official records for determining attribution, direct FAP–RAP relationships, qualifying sales, and commissions owed.

The Company is not responsible for tracking failures caused by:

• incorrect or unauthorized use of a referral link or code;
• customer failure to use the applicable link or code;
• cookie deletion or browser restrictions;
• device or privacy settings;
• third-party platform limitations;
• unauthorized modifications to links or codes; or
• circumstances outside the Company’s reasonable control.

The Company may investigate and correct duplicate, disputed, manipulated, or improperly attributed transactions.

Payment of Commissions

Affiliate Partner commissions will generally be calculated and paid on a weekly basis, subject to verification, administrative processing, payment-provider requirements, and valid payment information.

The Company will calculate and pay the applicable personal-sale and referral-group commissions directly to the eligible Affiliate Partners.

A Recruited Affiliate Partner is not required to transfer a portion of their commission privately to a Founding Affiliate Partner.

A Founding Affiliate Partner is not responsible for collecting a referral-group commission directly from an RAP.

Payments will be made only on completed and verified qualifying sales. Affiliate Partners must provide and maintain valid payment, tax, and identity information required by the Company or its payment providers.

The Company may delay, withhold, reverse, or adjust a payment involving:

• refunds or returns;
• cancellations;
• chargebacks;
• fraudulent or suspicious activity;
• payment disputes;
• duplicate transactions;
• improper attribution;
• self-referrals;
• violations of this Agreement;
• technical or administrative errors; or
• failure to provide required payment or tax information.

Affiliate Partners are responsible for taxes, fees, reporting requirements, or other legal obligations arising from commissions they receive.

Enrolling Affiliate Partners

An authorized Founding Affiliate Partner may introduce and personally enroll prospective Recruited Affiliate Partners through a process approved by the Company.

Every prospective RAP must:

• submit their own registration information;
• accept this Agreement;
• receive independent approval from the Company;
• obtain their own Affiliate account;
• receive or use their own approved attribution method; and
• comply independently with all Program requirements.

Personally enrolling another Affiliate Partner does not give the FAP ownership of, access to, or control over the RAP’s account, earnings, customer information, payment information, marketing activity, or business decisions.

The Company may require that the direct FAP–RAP relationship be properly recorded at registration or verified through another approved process.

The Company may reject, correct, suspend, or remove a claimed FAP–RAP relationship if it is inaccurate, disputed, manipulated, duplicated, or inconsistent with Program records.

FAP Referral-Group Compensation

Subject to this Agreement, an eligible FAP may receive a commission equal to 15% of eligible net product revenue from a qualifying sale generated by an RAP whom that FAP personally enrolled.

The standard RAP commission for that sale is 35%, producing a maximum combined Affiliate Partner payout of 50%.

The Company calculates and pays both portions through the Affiliate Program.

The FAP commission is not:

• a payment for enrollment alone;
• a membership fee;
• a payment taken privately from the RAP;
• a continuing ownership interest in the RAP’s business;
• a right to control the RAP’s activities; or
• a commission on indirect or deeper-level sales.

An FAP must remain approved, active, compliant, and eligible under the Company’s Program settings at the time the commission is processed.

One-Level Compensation Limit

Referral-group compensation is limited to one direct enrollment level.

A Founding Affiliate Partner may receive referral-group compensation only from qualifying sales generated by an RAP whom that FAP personally enrolled.

For example:

• If Partner A personally enrolls Partner B, A may be the eligible FAP for qualifying sales generated by B.
• If Partner B is separately authorized and personally enrolls Partner C, B may be the eligible FAP for qualifying sales generated by C.
• Partner A does not receive referral-group compensation from Partner C’s sales because A did not personally enroll C.

The Program does not pay continuing downline commissions, indirect overrides, second-level commissions, or deeper multilevel compensation.

No Affiliate Partner may restructure, disguise, or misrepresent an indirect relationship as a direct enrollment relationship.

Relationship of the Parties

Affiliate Partners participate as independent contractors.

Nothing in this Agreement creates or will be interpreted as creating:

• an employer-employee relationship;
• a partnership;
• a joint venture;
• an agency relationship;
• a franchise;
• a fiduciary relationship; or
• authority for an Affiliate Partner to bind the Company.

Affiliate Partners have no authority to make promises, representations, warranties, commitments, or contractual obligations on behalf of the Company.

The Program compensates product sales and does not pay commissions merely for recruitment or enrollment.

Referral-group compensation is limited to a defined percentage of qualifying product sales generated through one direct FAP–RAP relationship.

No Guarantee of Income

The Company makes no promise, representation, or guarantee concerning:

• sales volume;
• commission amounts;
• profits;
• customer demand;
• referral-group growth;
• the number or activity of RAPs;
• business growth; or
• present or future earnings.

Any statement concerning possible growth, demand, earnings, commissions, or future success is an estimate, illustration, goal, or opinion only.

Affiliate earnings depend on individual effort, lawful marketing, customer purchasing decisions, verified qualifying sales, active Program terms, and circumstances outside the Company’s control.

Promotional Standards

Affiliate Partners must promote Eugene The Wayward Frog, CDJ Enterprises, the Affiliate Program, and qualifying products honestly, accurately, professionally, and ethically.

Affiliate Partners must not:

• make false, deceptive, exaggerated, or misleading statements;
• guarantee financial success, sales, commissions, or earnings;
• misrepresent FAP or RAP compensation;
• represent enrollment alone as an income-producing activity;
• misrepresent the Company, its products, or the Program;
• claim to be an employee, legal representative, agent, or business partner of the Company;
• engage in deceptive, unlawful, or unauthorized advertising;
• send spam or unsolicited commercial communications;
• use false reviews, fabricated testimonials, or misleading endorsements;
• make unauthorized product or earnings claims;
• use the Company’s brand in an offensive or damaging context;
• interfere with another Affiliate Partner’s attribution;
• redirect or hijack another Affiliate Partner’s customer traffic;
• create artificial or reciprocal sales;
• use unauthorized coupons, bidding, redirects, or advertising methods; or
• violate applicable law, regulation, consumer-protection rule, endorsement rule, or platform policy.

Affiliate Partners must clearly disclose their Affiliate relationship whenever required by applicable advertising, endorsement, consumer-protection, or platform rules.

The Company may suspend or terminate an Affiliate Partner who engages in unethical, misleading, abusive, fraudulent, or unlawful conduct.

Intellectual Property and Brand Use

Eugene The Wayward Frog names, characters, artwork, book covers, logos, slogans, product images, promotional materials, and related brand assets remain the property of their respective owner or authorized licensor.

While an Affiliate Partner remains approved and in good standing, the Company may permit that Affiliate Partner to use approved promotional materials solely to promote qualifying products under this Agreement.

Affiliate Partners must not:

• alter approved assets in a misleading or damaging manner;
• claim ownership of Company intellectual property;
• register confusingly similar business names, domains, usernames, or social-media accounts;
• create unauthorized merchandise or derivative products;
• use Company materials after termination;
• grant Company materials to another person without approval; or
• use the brand for an unauthorized purpose.

Permission to use Company materials is limited, non-exclusive, non-transferable, revocable, and subject to this Agreement.

Merchandise Program

The Company may offer an official merchandise collection featuring Eugene The Wayward Frog branding, artwork, characters, logos, slogans, and related designs.

Merchandise may include hats, hoodies, T-shirts, mugs, drinkware, apparel, accessories, and other approved products.

Approved Affiliate Partners may earn commissions on qualifying merchandise sales generated through their approved attribution methods, subject to the same tracking and verification requirements in this Agreement.

Unless the Company announces a different merchandise campaign in writing, the maximum combined Affiliate Partner commission pool for an eligible merchandise sale may be up to 50% of eligible net product revenue.

When the standard FAP–RAP structure applies:

• the RAP whose referral generates the qualifying merchandise sale may receive 35%; and
• the eligible FAP who personally enrolled that RAP may receive 15%.

When an FAP directly generates an eligible merchandise sale and no referral-group commission applies, that FAP may receive up to 50%, subject to the applicable merchandise campaign terms.

The Company may add, modify, replace, restrict, or discontinue merchandise; change prices; revise commission rates; or establish product-specific campaign terms.

Merchandise sales remain subject to availability and the return, refund, shipping, and other policies in effect at the time of sale.

Refunds, Chargebacks, and Commission Adjustments

No commission is finally earned on a transaction that is refunded, cancelled, reversed, charged back, fraudulent, duplicated, improperly attributed, or otherwise determined not to be a qualifying sale.

If a commission was already paid for a transaction that later becomes ineligible, the Company may:

• reverse the commission;
• deduct it from a future payment;
• offset it against another amount owed;
• suspend payment pending review; or
• request repayment where appropriate.

When an RAP commission is reversed, the related FAP referral-group commission may also be reversed.

When an FAP referral-group commission is found to be ineligible, the Company may reverse that commission without changing an otherwise valid RAP personal-sale commission.

Modification of the Program or Agreement

The Company reserves the right to modify:

• commission percentages;
• commission-pool limits;
• FAP and RAP allocations;
• product prices;
• eligible net product revenue calculations;
• payment schedules;
• minimum payment thresholds;
• eligible products;
• FAP and RAP eligibility requirements;
• referral-group rules;
• promotional materials;
• tracking methods; and
• other Affiliate Program rules.

Reasonable notice will be provided whenever practical.

The effective date and version information displayed at the beginning of this Agreement may be updated when material changes are made.

Continued participation after a revised Agreement becomes effective constitutes acceptance of the revised terms, subject to any additional consent requirements imposed by applicable law.

Term and Termination

This Agreement begins when the Affiliate Partner is accepted into the Affiliate Program and continues until terminated.

Either the Company or the Affiliate Partner may terminate participation at any time, subject to outstanding payment, reversal, and compliance obligations.

The Company may immediately suspend, restrict, or terminate an Affiliate Partner account or role for:

• fraud or attempted fraud;
• self-referrals or artificial transactions;
• abuse of the Affiliate Program;
• false or misleading promotion;
• misrepresentation of the FAP–RAP structure;
• spam or unlawful marketing;
• misuse of Company intellectual property;
• tracking manipulation;
• unauthorized duplicate accounts;
• conduct that may harm the Company or its reputation; or
• another material violation of this Agreement.

The Company may remove an Affiliate Partner’s authority to act as an FAP without necessarily terminating that person’s ability to earn personal-sale commissions.

Termination does not eliminate commissions legitimately earned on verified qualifying sales completed before the effective termination date.

Those commissions remain subject to refunds, chargebacks, fraud review, verification, offsets, and other applicable adjustments.

Upon termination, the Affiliate Partner must stop representing themselves as an approved Company Affiliate Partner and discontinue unauthorized use of Company materials and intellectual property.

Limitation of Liability

To the fullest extent permitted by applicable law, the Company will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to the Affiliate Program.

This includes alleged lost profits, lost opportunities, lost commissions, lost data, reputational harm, customer loss, referral-group loss, or business interruption.

To the fullest extent permitted by applicable law, the Company’s maximum aggregate liability arising from this Agreement will not exceed the amount of unpaid commissions legitimately earned by the Affiliate Partner and due under this Agreement.

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

Affiliate Partner Responsibility

Each Affiliate Partner is responsible for their own:

• promotional activities;
• representations and communications;
• tax obligations;
• business practices;
• legal and regulatory compliance;
• advertising disclosures;
• technology and account security; and
• conduct toward customers and other Affiliate Partners.

To the extent permitted by applicable law, the Affiliate Partner agrees to be responsible for claims, losses, liabilities, costs, or expenses resulting from:

• the Affiliate Partner’s unlawful conduct;
• misleading statements;
• violation of this Agreement;
• infringement of third-party rights;
• unauthorized use of Company materials;
• misrepresentation of commissions or income; or
• improper use of customer information.

Governing Law

This Agreement will be governed by the laws of the jurisdiction in which the Company is organized, without regard to conflict-of-law principles, unless applicable law requires otherwise.

Notices and Communications

Program notices may be delivered through:

• email;
• the Affiliate Partner account or dashboard;
• publication on the Company website;
• the Affiliate Program portal; or
• another reasonable communication method.

Affiliate Partners are responsible for maintaining a current email address and reviewing communications concerning the Affiliate Program.

Questions concerning this Agreement may be submitted through the Company’s official contact page or the Affiliate Program contact address designated by the Company.

Entire Agreement

This Agreement, together with incorporated policies, written campaign terms, approved addenda, and applicable Program notices, constitutes the entire understanding between the Company and the Affiliate Partner regarding participation in the Affiliate Program.

If a general marketing or explanation page conflicts with this Agreement, this Agreement controls unless the Company has issued a more specific written campaign term that expressly overrides the applicable provision.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions continue in effect to the fullest extent permitted by law.

The Company’s failure to enforce a provision on one occasion does not waive its right to enforce that provision later.

Any amendment must be issued or approved in writing by the Company.