This Affiliate Program Agreement (the “Agreement”) is entered into as of [Date] (the “Effective Date”) by and between:
• Mocha Fest LLC, a Florida limited liability company, with its principal place of business located at 2598 East Sunrise Blvd, Fort Lauderdale, FL (the “Company”),
• __________________________, an individual residing at _____________________.
The Mocha Fest Affiliate Program (the “Program”) enables affiliates to earn commissions by promoting and selling Mocha Fest’s hotel packages, event tickets, party passes, and Mocha Trip packages. Affiliates will earn compensation based on the commission structure outlined below, in accordance with the terms and conditions of this Agreement.
Here’s a structured and clear version of your commission breakdown:
Hotel Packages Commission Structure
• Commission:
You will receive an 8% commission on each hotel package booking for a minimum of 5 hotel packages sold.
• Referral Fee:
If you do not meet the 5-booking minimum, you will still receive a $50 referral fee for each booking.
Tier Bonuses
1. 20 Hotel Packages Sold:
• Choose between:
• $500 Cash Payout, or
• $1,000 Travel Credit applied to your own hotel package
2. 50 Hotel Packages Sold:
• Choose between:
• $1,000 Cash Payout, or
• 1 Free Hotel Package
Party Passes and Event Tickets Commission:
Affiliates will receive a 10% commission on the sale of each party pass or event ticket. The commission is earned starting from the third ticket sold, with retroactive application to the first two tickets.
• Incentives:
1 complimentary ticket for every 10 tickets sold.
1 complimentary party pass for every 10 party passes sold.
• Payout Schedule: Commissions will be disbursed within 20 business days following the completion of the event.
Mocha Trips
• Commission: Affiliates will earn a 10% commission on the sale of each Mocha Trip package.
• Payout Schedule: Commissions will be disbursed within 20 business days following the completion of the event.
Here’s a structured and clear version of your commission breakdown:
Hotel Packages Commission Structure
• Commission:
You will receive an 8% commission on each hotel package booking for a minimum of 5 hotel packages sold.
• Referral Fee:
If you do not meet the 5-booking minimum, you will still receive a $50 referral fee for each booking.
Tier Bonuses
1. 20 Hotel Packages Sold:
• Choose between:
• $500 Cash Payout, or
• $1,000 Travel Credit applied to your own hotel package
2. 50 Hotel Packages Sold:
• Choose between:
• $1,000 Cash Payout, or
• 1 Free Hotel Package
Party Passes and Event Tickets Commission:
Affiliates will receive a 10% commission on the sale of each party pass or event ticket. The commission is earned starting from the third ticket sold, with retroactive application to the first two tickets.
• Incentives:
1 complimentary ticket for every 10 tickets sold.
1 complimentary party pass for every 10 party passes sold.
• Payout Schedule: Commissions will be disbursed within 20 business days following the completion of the event.
Mocha Trips
• Commission: Affiliates will earn a 10% commission on the sale of each Mocha Trip package.
• Payout Schedule: Commissions will be disbursed within 20 business days following the completion of the event.
Each affiliate is responsible for selecting their preferred payment processor from the options provided by the Program Operator to receive commission and referral disbursements. Once a payment method is selected, the affiliate is responsible for maintaining the associated account or choosing an alternative supported payment method if necessary. If the chosen account becomes unavailable, the Program Operator will not be liable for any missed payments. Affiliates who fail to select a payment processor will receive payments via check and will bear any associated fees, which will be deducted from their commission.
Affiliates shall be charged a FEE by the Program Operator for setting up an account to join the affiliate program if need be.
• Promotion: Affiliates are responsible for marketing and promoting Mocha Fest’s packages and events using their unique tracking link or referral code.
• Sales Process: Affiliates are required to follow the sales procedures as outlined by Mocha Fest to ensure all bookings are processed through the official Mocha Fest system.
The Affiliate agrees to maintain the confidentiality of all proprietary business information, including customer data, sales information, financial details, and marketing strategies, and will not disclose such information to any third party without the express prior written consent of Mocha Fest.
• Term: This Agreement will remain in effect until terminated by either party in accordance with the terms herein.
• Termination: Either party may terminate this Agreement at any time by providing 30 days’ written notice. The Company reserves the right to terminate this Agreement immediately in the event of a breach by the Affiliate.
• Effect of Termination: Upon termination, any pending commissions will be paid within 20 business days. Commissions on sales made after the termination date will not be paid.
The Affiliate is an independent contractor and is not an employee of Mocha Fest LLC. The Affiliate is solely responsible for their own taxes, insurance, and other obligations related to their earnings from this Program.
Mocha Fest reserves the right to modify the terms and conditions of this Agreement, including commission structures and payment terms, at any time. Any such modifications will be communicated to the Affiliate, and continued participation in the Program after modification shall constitute acceptance of the new terms.
Mocha Fest LLC will not be liable for any indirect, incidental, or consequential damages arising from system failures, lost commissions, or other issues beyond its control. The Affiliate agrees to indemnify and hold Mocha Fest harmless from any claims, losses, or damages resulting from the Affiliate’s activities under this Agreement.
The Affiliate agrees to comply with all applicable laws, rules, and regulations regarding the marketing of Mocha Fest products and services. The Affiliate shall refrain from engaging in any unlawful or unethical practices, including the use of fraudulent methods or misleading advertising.
This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate status, or if your account is inactive for a continuous twelve-month period. An affiliate may terminate this agreement at any time and for any reason, by writing to – or emailing – the Program Operator at the email address listed on the website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
The Program Operator may also terminate this agreement at any time and for any reason, by emailing the affiliate via the address listed in the affiliate’s profile, with 30 days advance notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to the affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and the affiliate shall forfeit all rights to any commissions due.
• Governing Law: This Agreement shall be governed by the laws of the State of Florida, USA.
• Severability: If any part of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.
• Assignment: The Affiliate may not assign this Agreement or any of its rights or obligations without the prior written consent of Mocha Fest.
IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Program Agreement as of the Effective Date:
Mocha Fest LLC
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________
Affiliate By: ______________________
Name: _________________________
Date: __________________________
IN WITNESS WHEREOF, the parties hereto have executed this Affiliate Program Agreement as of the Effective Date:
Mocha Fest LLC
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________
Affiliate By: ______________________
Name: _________________________
Date: __________________________
Non-Disclosure Agreement (NDA)
This Non-Disclosure Agreement (the “Agreement”) is entered into as of [Date], by and between:
• Mocha Fest LLC, a Florida limited liability company, with its principal place of business located at 2598 East Sunrise Blvd, Fort Lauderdale, FL (the “Disclosing Party”), and
• [Affiliate Name], an individual residing at [Affiliate Address] (the “Receiving Party”).
1. Confidential Information
For purposes of this Agreement, “Confidential Information” refers to all proprietary business information, including but not limited to, sales data, customer information, marketing strategies, financial information, and any other business-related material provided to the Receiving Party.
2. Obligations of the Receiving Party
• The Receiving Party agrees to maintain the confidentiality of all Confidential Information and will not disclose or use it for any purpose other than promoting Mocha Fest’s events or packages.
• The Receiving Party will take all reasonable precautions to protect the Confidential Information from unauthorized use or disclosure.
3. Exceptions
This Agreement does not apply to information that:
• Becomes publicly available without breach of this Agreement.
• Is lawfully obtained by the Receiving Party from a third party.
• Is required to be disclosed by law, provided that the Receiving Party gives prompt notice to the Disclosing Party.
4. Duration
This Agreement shall remain in effect for [X] years following the termination of the affiliate relationship or until the Confidential Information becomes public.
5. Return or Destruction of Information
Upon termination of the affiliate relationship or upon request, the Receiving Party agrees to return or destroy all Confidential Information in their possession.
6. Remedies
The Disclosing Party is entitled to seek injunctive relief or other legal remedies in the event of a breach of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Non-Disclosure Agreement as of the Effective Date:
Mocha Fest LLC
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________
Affiliate By: ______________________
Name: _________________________
Date: __________________________
CODE OF CONDUCT
1. Authorized Use of Company Branding and Intellectual Property
• Clause:
The Affiliate may only use the company’s logos, trademarks, brand images, slogans, and marketing materials (“Brand Assets”) in accordance with the guidelines set by Mocha Fest LLC. The Affiliate agrees not to alter, distort, or modify any of the Brand Assets without prior written approval from the Company.
• Reason:
This ensures that the company’s branding is represented consistently and professionally across all promotional efforts.
2. Approval of Marketing Materials
• Clause:
All marketing materials, advertisements, social media posts, or other promotional content created by the Affiliate must be submitted to Mocha Fest LLC for prior approval. The Affiliate agrees not to publish, distribute, or use any materials that have not been approved by the Company in writing.
• Reason:
This gives the company control over how its image is used and ensures the messaging aligns with the company’s vision and standards.
3. Professional and Ethical Conduct
• Clause:
The Affiliate agrees to act in a professional and ethical manner when promoting Mocha Fest products or services. The Affiliate will not use offensive, misleading, or inappropriate content, and will avoid promoting any activities or ideas that could damage the reputation of Mocha Fest LLC. This includes refraining from making unsubstantiated claims or disparaging competitors.
• Reason:
This obligation ensures that affiliates maintain a level of professionalism and do not engage in practices that could damage the company’s public image.
4. Compliance with Advertising Standards
• Clause:
The Affiliate agrees to comply with all applicable advertising and marketing laws, including but not limited to, truth-in-advertising, copyright laws, and data protection regulations. The Affiliate must ensure all advertisements are truthful, non-deceptive, and do not mislead customers about the nature of Mocha Fest’s products and services.
• Reason:
This ensures the affiliate’s promotional activities are legally compliant and do not expose the company to legal or reputational risk.
5. No Unauthorized Use of Endorsements
• Clause:
The Affiliate is prohibited from making any false claims or endorsements, including but not limited to, implying that Mocha Fest LLC has provided personal endorsements from celebrities, partners, or other individuals, unless such endorsement has been officially granted by Mocha Fest LLC.
• Reason:
This protects the company from being misrepresented in association with individuals or celebrities who have not given explicit endorsement.
6. No Negative or Defamatory Statements
• Clause:
The Affiliate agrees not to make, publish, or distribute any defamatory or negative statements about Mocha Fest LLC, its employees, affiliates, or other business partners, including on social media, blogs, or any other platform. This includes any statements that could harm the goodwill, reputation, or public perception of Mocha Fest LLC.
• Reason:
This ensures the affiliate is not damaging the company’s reputation through public or online remarks.
7. Use of Affiliate Links and Tracking
• Clause:
The Affiliate agrees to use only the designated tracking links or promotional codes provided by Mocha Fest LLC when promoting products or services. The Affiliate will not attempt to bypass or manipulate the tracking system in order to claim commissions for sales not directly attributed to their promotional efforts.
• Reason:
This prevents fraudulent activity and ensures that commissions are properly tracked and attributed to the correct affiliate.
8. Protection of Customer Data
• Clause:
The Affiliate agrees to protect the privacy and confidentiality of any customer data they may come into contact with while promoting Mocha Fest products or services. The Affiliate must comply with Mocha Fest LLC’s data protection policies and any applicable data protection laws, including the General Data Protection Regulation (GDPR), if relevant.
• Reason:
This protects the company from data breaches and ensures compliance with privacy laws.
9. Restrictions on Marketing Platforms
• Clause:
The Affiliate agrees not to use Mocha Fest LLC’s name, branding, or any marketing materials in any advertising that could be classified as “predatory” or “spammy.” Specifically, the Affiliate will not use email marketing, cold calling, or any other marketing tactics that violate anti-spam laws or Mocha Fest’s policies.
• Reason:
This ensures that the affiliate’s marketing methods align with Mocha Fest’s reputation for ethical business practices and that the brand isn’t associated with aggressive or intrusive marketing.
10. Monitoring and Auditing
• Clause:
Mocha Fest LLC reserves the right to monitor the Affiliate’s promotional activities, including the use of Brand Assets, marketing materials, and sales channels. Mocha Fest LLC may request periodic reports or conduct audits to ensure compliance with the terms of this Agreement. If the Affiliate is found to be in violation of this Agreement, Mocha Fest LLC reserves the right to terminate the relationship and withhold any pending commissions.
Reason:
This provides the company with the ability to monitor compliance and take corrective action if necessary.
11. Spam & Unsolicited Commercial Email (Uce)
• The Program Operator does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote or make reference to the Program Operator, or any of their associated companies or websites, partners, employees, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to every affiliate. Any affiliate who, in the opinion of the Program Operator, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
12. Consequences of Non-Compliance
• Clause:
Any breach of the obligations set forth in this Agreement, including improper use of Mocha Fest’s image, branding, or any unethical promotional practices, will result in immediate termination from the Affiliate Program and forfeiture of any earned commissions.
• Reason:
This clause emphasizes the seriousness of adhering to the guidelines, protecting the company’s interests.
13. Indemnification
• Clause:
The Affiliate agrees to indemnify and hold harmless Mocha Fest LLC, its directors, employees, and affiliates from any damages, losses, or liabilities that may arise from the Affiliate’s actions, including but not limited to improper use of branding, misrepresentation, or violation of any laws in connection with their participation in the Affiliate Program.
• Reason:
This provides legal protection to Mocha Fest LLC in the event the affiliate’s actions result in harm to the company.