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Affiliate Program Terms of Service

Title for Page: Horsepower Hydration LLC – Affiliate Program Terms of Service Last Updated: [01/01/2026]

1. Overview and Acceptance of Terms This Affiliate Program Agreement ("Agreement") contains the complete terms and conditions that apply to your participation in the Horsepower Hydration LLC Affiliate Program (the "Program") managed via Shopify Collabs. By submitting an application and participating in the Program, you ("Affiliate," "you," or "your") agree to abide by these terms. If you do not agree to these terms, you are not authorized to participate in the Program.

2. Relationship of the Parties You and Horsepower Hydration LLC are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You are solely responsible for your own taxes, equipment, and operating expenses.

3. FTC Compliance and Disclosures (Strictly Enforced) As a participant in the Program, you must strictly comply with the Federal Trade Commission’s (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising.

  • Clear and Conspicuous: You must clearly disclose your relationship with Horsepower Hydration LLC anytime you share a tracking link or promo code.

  • Approved Language: Use clear tags such as #ad, #sponsored, or explicitly state, "I earn commissions from this link."

  • Placement: Disclosures must be placed immediately next to the link or code, before the viewer is required to click "read more" or scroll. Hiding disclosures in a cluster of hashtags is a violation of this Agreement.

4. Promotional Guidelines and Restrictions To protect the integrity of the brand and the motorsports community, Affiliates must adhere to the following rules:

  • Truth in Advertising: You may not make deceptive, false, or unverified claims about the product. Horsepower Hydration must be accurately represented as a premium, 5-calorie hydration tool. No medical or health-curing claims may be made.

  • Brand Respect: You may not disparage, trash-talk, or defame competitors, specific drivers, tracks, or other brands in conjunction with promoting Horsepower Hydration.

  • Prohibited Marketing Tactics: You may not use spam (email or comment spam), deceptive clickbait, or unauthorized coupon-scraping and discount-aggregation websites.

  • Search Engine Marketing (SEM): You are strictly prohibited from bidding on trademarked terms (e.g., "Horsepower Hydration," "Horsepower Hydration Coupon") or variations thereof on search engines like Google or Bing.

5. Commissions, Tracking, and Payouts

  • Platform: All affiliate tracking, reporting, and payouts are managed exclusively through Shopify Collabs. Horsepower Hydration LLC relies solely on the Shopify Collabs platform for attribution.

  • Calculation: Commissions are calculated based on net sales. Net sales exclude taxes, shipping fees, returns, chargebacks, and fraudulent transactions.

  • Payouts: Payments are distributed automatically according to the schedule and method configured in your Shopify Collabs account. We are not responsible for delayed payouts caused by incorrect banking or tax information provided by the Affiliate.

6. Intellectual Property and Brand Usage During the term of your active participation in the Program, Horsepower Hydration LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use our logos, trademarks, and approved product imagery solely for the purpose of promoting our products. You may not alter or modify our brand assets without prior written consent. All rights not expressly granted are reserved by Horsepower Hydration LLC.

7. Term and Termination

  • Term: This Agreement begins upon our acceptance of your affiliate application and will end when terminated by either party.

  • Termination: Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice.

  • Immediate Suspension: Horsepower Hydration LLC reserves the right to immediately suspend or terminate your account without notice, and forfeit any unpaid commissions, if you are found to be in violation of this Agreement, engaging in fraudulent activity, or conducting yourself in a manner that harms the brand's reputation.

8. Limitation of Liability Horsepower Hydration LLC will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.

9. Indemnification You agree to indemnify, defend, and hold harmless Horsepower Hydration LLC, its members, managers, officers, and employees from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your participation in the Program, your promotional content, or your breach of this Agreement.

 

10. Modification of Terms We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate your participation in the Program. Your continued participation following our posting of a change notice or new agreement will constitute binding acceptance of the change.

 

11. Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to the conflicts of laws and principles thereof.

Horsepower Hydration LLC Affiliate Program Terms of Service. Last Updated: 01/01/2026.