Part 1: Skyhoundz Affiliate Operating Agreement (AKA Skyhoundz Affiliate Program)

1. Overview

This agreement describes the terms and conditions for participation in the Skyhoundz Affiliate Program. By applying, you agree to these terms. As a Skyhoundz Affiliate, you are an extension of the Skyhoundz and Hyperflite brands. At Skyhoundz, not only do we sell industry-leading Hyperflite discs; we also champion the bond between human and canine.

By signing up for the Skyhoundz Affiliate Program you indicate your acceptance of this Agreement and its terms and conditions.

We reserve the right to approve or reject ANY Skyhoundz Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Skyhoundz Affiliate Program Application.

2. Affiliate Obligations

• Brand Representation: You may not use any Skyhoundz or Hyperflite trademark in a way that suggests you are the company. You must maintain a website or social media presence that is appropriate for a general audience.
• PPC Restriction: You must not bid on our branded trademarks (e.g., “Hyperflite,” “Skyhoundz,” “Jawz Disc”) in search engine advertising (Google Ads, Bing, etc.).
• Prohibited Content: We strictly prohibit the association of our branded keywords with content that is pornographic, exploitative, demeaning, violent, discriminatory, or which promotes unsafe animal handling or the mistreatment of animals.

3. Commissions and Payment

A. Eligibility & Exclusions

• US Domestic Only: Commissions are earned only on orders shipped to addresses within the United States. International orders are not eligible for commission.
• No Self-Referrals: Affiliates may not earn commissions on their own personal orders. This includes orders placed by family members living in the same household or orders utilizing the Affiliate’s own shipping/billing information. Any “self-referrals” flagged by the system will be voided.

Net Sales Definition: Commissions are calculated based on the product subtotal only. Shipping costs and sales tax are excluded from the commission calculation. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

• Excluded Products: All products on the Skyhoundz Store are eligible for commission EXCEPT bulk Competition Standard disc “uglies” (Misprints/Factory Seconds), sale, and discontinued items. For clarity, no commission is paid on:
  • K-10 Competition Standard Discs (Uglies/Bulk)
  • Pup Competition Standard Discs (Uglies/Bulk)
  • Z-Disc Competition Standard Discs (Uglies/Bulk)
  • Z-Pup Competition Standard Discs (Uglies/Bulk)

B. Commission Structure (Tiered)

Our program uses a performance-based tiered structure. Your commission rate is determined by the number of orders generated within the current calendar month. Tiers reset on the 1st of every month.

Orders per Month	Commission Rate
0 – 9 orders	8%
10 – 24 orders	10%
25 – 49 orders	12%
50+ orders	14%

C. Cookie & Attribution

• Cookie Duration:60 days.
  • How it works: If a customer clicks your link and makes a purchase within 60 days, you earn the commission. After 60 days, the tracking cookie expires.
• Last-Click Attribution: If a customer clicks on links from multiple affiliates before making a purchase, the referral credit is awarded to the last affiliate link clicked.

D. Coupon & Deal Site Policy

• Prohibited Sites: Affiliates are prohibited from posting their unique referral links or assigned coupon codes on “coupon scraping” or “deal aggregator” websites (e.g., RetailMeNot, CouponCabin, Honey, etc.).
• Intended Use: Referral links and codes are intended for your specific audience (social media followers, website visitors, club members). Violation of this policy may result in the voiding of commissions and termination of the affiliate account.

E. Payout Terms

• Vesting Period: Commission payments are processed 30 days after the order is placed (to account for potential returns/refunds).
• Schedule: Payouts occur monthly on the 15th of each month.
• Threshold: You must meet a minimum balance of $50.00 to trigger a payout. Balances under $50 roll over to the next month.
• Method: Payments are made via PayPal (Preferred) or Check.
• Tax Compliance (Form W-9): You are responsible for all taxes associated with your commission income. If your earnings exceed $600 in a calendar year, Skyhoundz is required by the IRS to file Form 1099-NEC. We may withhold payouts exceeding this amount until a valid Form W-9 is submitted.

4. Code of Conduct & Brand Standards

Your participation in this program is contingent upon adherence to the following core standards:

A. Animal Welfare & Safety (Zero Tolerance)

The Hyperflite and Skyhoundz brands must not be associated with content that might endanger the health and wellbeing of canines or other animals.

• Safe Practices: All promotional content (images, videos, tutorials) featuring our products must demonstrate safe canine disc practices.
• Prohibited Content: We reserve the right to immediately terminate the agreement of any Affiliate who posts content depicting:
  • Reckless jumps or vaults where the dog has no safe landing strategy.
  • Physical punishment or harsh correction of a canine.
  • Activities that clearly exceed the physical limitations or conditioning of the dog.

B. Sportsmanship & Community Conduct

• The “Golden Rule”: Affiliates are expected to treat visitors to their websites and/or social media with respect. Affiliates shall also treat canine disc enthusiasts, event judges, and competitors with respect.
• Online Behavior: Public disparagement, bullying, harassment, or toxic behavior on Affiliate social media platforms, including any conduct that might, in our view, reflect poorly on the Skyhoundz and/or Hyperflite brands (whether related to canine disc or personal conduct), constitutes a material breach of this agreement.
• Integrity: You must not misrepresent the characteristics and capabilities of Hyperflite products or make false or derogatory claims about products that compete with Skyhoundz and/or Hyperflite products.

C. Transparency & FTC Compliance

• Mandatory Disclosure: Per Federal Trade Commission (FTC) guidelines, you must clearly and conspicuously disclose your Affiliate status in any post, video, or review where you promote our products (e.g., using “#ad,” “#sponsored,” or “I am a Skyhoundz ambassador”).

5. Termination & Remedies

A. Voluntary Termination

Either party (You or Skyhoundz) may end this Affiliate Agreement at any time, with or without cause, by giving written notice. Upon voluntary termination, any outstanding commissions above the minimum payout threshold will be paid out in the next scheduled billing cycle.

B. Termination for Breach of Code of Conduct

Skyhoundz reserves the right to immediately terminate this Agreement without prior notice if you are found to be in violation of the Code of Conduct (Section 4). In such event:

• Forfeiture: You agree that you will forfeit all pending, unpaid commissions as of the date of termination.
• Immediate Cease of Use: You must immediately remove all Skyhoundz and/or Hyperflite branding and links from your channels.
• Permanent Ban: Individuals terminated for animal safety violations are permanently ineligible for re-entry into the program.

C. Right to Determine Violation

Skyhoundz retains the sole and exclusive right to determine if an Affiliate’s conduct or content violates our standards. All decisions regarding compliance are final.

6. Modification

We may modify any of the terms and conditions within this Agreement, or cancel it entirely, at any time in our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, products included in the Program, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our site will constitute your binding acceptance of the changes.

7. Liability

Skyhoundz will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Skyhoundz. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

8. Indemnification

Affiliate shall indemnify and hold harmless Skyhoundz and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Skyhoundz 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.

9. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Skyhoundz 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 Skyhoundz application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

10. Governing Law and Jurisdiction

This Skyhoundz Affiliate Operating Agreement shall be governed by the laws of the State of Georgia. The parties hereto agree that the proper and exclusive forum for any legal action arising out of or relating to the Skyhoundz Affiliate Operating Agreement, and/or the Skyhoundz Affiliate Program, will be Cherokee County, Georgia, and that any such action will be brought only in Cherokee County, Georgia. Affiliate consents to the exercise of personal jurisdiction in any such action by the courts of Cherokee County, Georgia.