1. Introduction

1.1. This Agreement covers the terms and conditions of the Program, designed for partners to promote Berries' products and services.

1.2. By participating in the Program, you agree to comply with this Agreement.

1.3. Participation in any of our collaboration programs is limited to individuals or entities that are currently paying customers of Berries in good standing, unless Berries approves otherwise in writing at its sole discretion. Berries may reject or revoke any application or participation that does not meet these eligibility requirements.

2. Partner Commitments

2.1. You agree to actively promote Berries' products and services through approved channels, including but not limited to social media, email marketing, and content creation. Berries reserves the right to modify these commitments at its sole discretion upon notice to you.

2.2. You must not misrepresent your relationship with Berries or engage in any misleading practices.

2.3. You agree to comply with all applicable laws and regulations.

3. Compensation

3.1. Berries Partners Program. You are eligible for a 30% monthly commission on actual and total cash consideration received from your qualifying sales, for up to 10 months and no more than $300 per referred user or group account, excluding non-commissionable activities. If a referred user or group purchases an annual plan, your monthly commission will reflect the prorated monthly value of the annual payment. Unless agreed in advance and in writing, currently, our sole method of payment under this Agreement is via PayPal (i.e., payments to your PayPal account).

3.2. Berries Ambassador Program. Participation in the Berries Ambassador Program may be subject to a separate fee, compensation, or incentive structure, as determined and confirmed separately by mutual agreement between the parties via email. Any such written email confirmation shall be deemed an integral part of this Agreement with respect to the applicable ambassador. Unless agreed in advance and in writing, currently, our sole method of payment under this Agreement is via PayPal (i.e., payments to your PayPal account).

3.3. A qualifying sale occurs when an end user, not previously referred by another partner, is referred to our website through your direct marketing efforts and makes a purchase.

3.4. The Company solely determines what transactions are commissionable and what a referred user account is. Fraudulent transactions, self transactions, repeat purchases by known users, and other non-eligible transactions are excluded.

3.5. Sales are tracked using cookies or other tracking technologies (such as referral links or dedicated coupon codes) to verify that the transaction resulted from your marketing activities.

3.6. Commissions are paid within 30 days after the first day of the following month.

3.7. You are solely responsible for all taxes, costs, and fees related to your commission payments.

3.8. The Company may adjust commission rates and payment terms at its sole discretion.

3.9. No commissions will be paid for transactions involving fraudulent activity, invalid promotions, canceled orders, non-commissionable items, or any sales the Company deems non-compliant with this Agreement.

3.10. If your payment details are inaccurate or incomplete and result in failed payments for six (6) consecutive months, the Company will no longer be liable for those payments.

4. Compliance and Code of Conduct

4.1. You agree to comply with all relevant laws and regulations, including advertising standards, data protection, and anti-spam laws.

4.2. You must not engage in misleading marketing, promote illegal or harmful content, or misuse Berries' intellectual property.

5. Confidentiality

5.1. You agree to keep all non-public information disclosed by Berries confidential.

5.2. You will only use confidential information for purposes related to fulfilling your obligations under this Agreement.

6. Intellectual Property

6.1. Berries grants you a limited, non-exclusive, non-transferable license to use approved marketing materials for promotional purposes.

6.2. All rights, title, and interest in Berries' intellectual property remain exclusively with Berries.

7. Term and Termination

7.1. This Agreement remains in effect until terminated by either party. Each party can terminate this Agreement upon 14-day written notice, for any reason or no reason. 

7.2. Berries may terminate this Agreement immediately for any breach of its terms.

7.3. Upon termination, you must cease all promotional activities and remove all Berries materials.

8. Limitation of Liability; Indemnification

8.1. Berries is not liable for any indirect, incidental, or consequential damages. For further details, refer to the Berries' Terms of Service.

8.2. You agree to indemnify Berries against any claims arising from your participation in the Program, as detailed in the Berries' Terms of Service.

9. Miscellaneous

9.1. Governing Law. This Agreement is governed by the laws specified in the Berries' Terms of Service.

9.2. Entire Agreement. This Agreement, together with the Berries' Terms of Service, constitutes the entire agreement between you and Berries.

9.3. Modifications. Berries may update this Agreement by posting revised terms. Continued participation after updates constitutes acceptance.

9.4. Assignment. You may not transfer your rights or obligations without prior written consent from Berries.