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    AMORETTI
    AFFILIATE PROGRAM TERMS OF SERVICE



    Welcome to the Amoretti Affiliate Program.
    These Terms of Service ("Terms") govern your participation as an
    affiliate ("Affiliate", "you", "your") in the
    Amoretti Affiliate Program (the "Program"), operated by Noushig,
    Inc., a California corporation, dba Amoretti ("Amoretti"). By
    participating in the Program, you agree to these Terms. Please read them
    carefully.



    1. Enrollment and Eligibility



    Once you enroll in the Program, you will receive a link and discount code to share with your audience. As
    well as a one-time use discount code to receive select Amoretti products. Additional
    products may be given, upon your
    request, if you are successful in generating sales, in the sole and
    absolute discretion of Amoretti.
    You must maintain eligibility by posting
    about Amoretti and its products at least once per month.



    2. Use of Links



    You may promote Amoretti products through
    various channels, including social media, videos, banners, and text links
    ("Links"). Spamming is strictly prohibited. You may use Amoretti's
    trade names, service marks, and logos in your promotional materials with our
    consent, which may be revoked at any time at Amoretti’s sole discretion. A Link may only be visually modified with
    Amoretti’s consent, and Amoretti may revoke its license for any particular
    piece of promotional material at any time. You agree to remove any such
    piece of revoked promotional material within twenty-four (24) hours of receipt
    of written notice from Amoretti that the license for such promotional material
    is revoked.



    3. Commissions



    You will receive a 15% commission on every
    new customer sale attributed to your unique Affiliate Link. Commission rates
    are subject to change at Amoretti’s sole discretion.



    4. Commission Payment



    Commissions which Amoretti deems are due and
    owed to Affiliate under the Program will be paid to Affiliate directly by
    Amoretti after any holding period and in accordance with a regular payout cycle
    established by Amoretti. Initially, commission payments shall be made on the
    first (1st) day of the applicable month. The payment schedule is subject to
    change from time to time, at Amoretti’s sole discretion.



    5. Responsibility for Your Platforms



    You are solely responsible for your website
    and social media channels, including all posted materials. You must ensure that
    your content complies with all laws and does not infringe upon any third-party
    rights.



    6. Term



    Your participation in the Program begins when
    you accept these Terms and ends upon termination by either party. Either party
    may terminate this Terms at any time, with or without cause, by giving notice
    to the other party.



    7. Modification



    Amoretti may modify these Terms at any time,
    and such modifications will take effect 24 hours after notice is provided to
    you. Your continued participation in the Program constitutes acceptance of the
    modified Terms.



    8. Relationship of Parties



    You and Amoretti are independent contractors,
    and nothing in these Terms creates any partnership, joint venture, or
    employment relationship between you and Amoretti.



    9. Limitation of Liability



    Amoretti will not be liable for any indirect,
    special, or consequential damages arising out of your participation in the
    Program.



    10. Disclaimers



    Amoretti makes no warranties or
    representations regarding the Program or any products sold through the Program.
    Amoretti does not guarantee uninterrupted or error-free operation of our
    website or product fulfillment.



    11. Representations and Warranties



    You represent and warrant that you have the
    legal capacity to enter into these Terms and that your participation in the
    Program complies with all applicable laws and regulations.



    12. Confidentiality



    Amoretti may disclose to
    Affiliate certain information as a result of Affiliate’s participation as part
    of the Program, which information Amoretti considers to be confidential (herein
    referred to as "Confidential Information"). For purpose of these Terms,
    the term "Confidential Information" shall include, but not be limited
    to, any modifications to the terms and provisions of these Terms
    made specifically for Affiliate’s site or social media channels and not
    generally available to other members of the Affiliate Program, website,
    business and financial information relating to Amoretti, customer and vendor
    lists relating to Amoretti and any members of the Program, other than
    Affiliate. Confidential Information shall also include any information that
    Amoretti designate as confidential during the term of these Terms.
    Affiliate agrees not to disclose any Confidential Information and that such
    Confidential Information shall also include any information that Amoretti
    designate as confidential during the term of these
    Terms. Affiliate agrees not
    to disclose any Confidential Information and that such Confidential Information
    shall remain strictly confidential and secret and shall not be utilized,
    directly or indirectly, by Affiliate for Affiliate’s own business purposes or for
    any other purpose except and solely to the extent that any such information is
    generally known or available to the public or if same is required by law or
    legal process. Amoretti makes no warranty, expressed or implied, with respect
    to any information delivered hereunder, including implied warranties of
    merchantability, fitness for a particular purpose or freedom from patent,
    trademark or copyright infringements, whether arising by law, custom or
    conduct, or as to the accuracy or completeness of the information and Amoretti
    shall not have any liability to Affiliate or to any other person resulting from
    Affiliate’s or such third person's use of the information.



    13. Indemnification



    Affiliate hereby agrees
    to indemnify, defend and hold harmless Amoretti, its officers, directors,
    employees, agents, affiliates, successors and assigns, from and against any and
    all claims, losses, liabilities, damages or expense (including attorneys' fees
    and costs) of any nature whatsoever incurred or suffered by Amoretti
    (collectively the "Losses"), in so far as such Losses (or actions in
    respect thereof) arise out of or are based on (i) any claim or threatened claim
    that Amoretti’s association with Affiliate infringes on the rights of any third
    party; (ii) the breach of any promise, covenant, representation or warranty
    made by Affiliate herein; or (iii) or any claim related to Affiliate’s site or
    social media channels.



    14.
    Miscellaneous



    Terminated accounts
    cannot later apply to the Program without Amoretti’s express written consent. These Terms
    will be governed by the laws of the United States and the State of California,
    without reference to rules governing choice of laws. Amoretti reserves the
    right to institute a reserve fund holding commissions for a time period deemed
    necessary in situations where sales generated by an affiliate consistently have
    a high chargeback/cancellation ratio. Amoretti will be the sole and final
    arbitrator for any and all disputes or claims related to the validity of sales.
    Amoretti’s failure to enforce Affiliate’s strict performance of any provision
    of these Terms will not constitute a waiver of Amoretti’s right to subsequently
    enforce such provision or any other provision of these Terms.



    15. Dispute Resolution



    (a)        All disputes with respect to the Program
    or these Terms will be governed by the laws of the State of California without
    regard to conflicts of laws principles that would result in the application of
    the laws of any other jurisdiction. In the event of the commencement of formal
    legal proceedings, each party knowingly and voluntarily submits and consents to
    the exercise of personal jurisdiction over such party with venue and trial
    exclusively to be commenced and to remain in a California state court in the County
    of Ventura, California (except as set forth below and in Sections 15(b) and
    15(c)); the doctrine of forum non conveniens does not apply to these Terms.



    In the event the amount in controversy between you and
    Amoretti is $15,000.00 or more, the terms of Sections 15(a) and 15(b) below
    shall apply, and any mediation or arbitration shall be commenced and take place
    in the County of Ventura, California:



    (b)        Mediation.  You agree to mediate any controversy or
    dispute arising out of or related to or based upon these Terms or any of the
    terms, provisions, or conditions of these Terms before resorting to arbitration
    or court action.  If you and Amoretti
    cannot agree on a mediator, then the dispute shall be submitted by you and
    Amoretti to mediation and conducted in conformity with and subject to the
    applicable mediation rules and procedures of ADR Services, Inc. (or any
    successor thereto).  A request for
    mediation conducted by ADR Services, Inc., shall be made in writing, delivered
    to the you or Amoretti, as the case may be, and filed with the person or entity
    administering the mediation.



    (i)        The costs of the mediation, including the
    mediator’s fees, shall be borne equally by the parties to the mediation.  If the matter does not resolve following the
    mediation and proceeds to arbitration, the costs of the mediation may be
    submitted to the arbitrator for allocation in connection with a final award.



    (ii)        A party who fails to comply with the
    requirement to mediate in this paragraph shall not be entitled to recover
    attorney's fees even if they would otherwise be available to that party in any
    such arbitration or court action.



    (c)        Arbitration.
    Except for a controversy or dispute within the jurisdiction of small claims
    court, any controversy or dispute arising out of or related to the Program or these
    Terms or any of the terms, provisions, or conditions of these Terms shall be
    submitted to arbitration in Los Angeles County, California, or another location
    agreed to by you and Amoretti.  The
    arbitration shall be conducted through, in conformity with and subject to the
    applicable rules and procedures of ADR Services, Inc. (or any successor
    thereto).  If ADR Services, Inc., is not
    then in existence and fails or refuses to act, then the arbitration shall be
    conducted through and in conformity with, and subject to, the applicable rules
    and procedures of JAMS, Inc.



    (i)         You agree to work with Amoretti to select
    one arbitrator by mutual agreement through ADR Services or a successor service
    in accordance with the provisions hereinabove. 
    The selection of the arbitrator shall be in accordance with the rules
    prescribed above, except that any arbitrator selected shall be neutral and
    thoroughly familiar with the principal subject matter of the issues to be
    arbitrated.  If you and Amoretti fail to
    mutually agree upon an arbitrator, then an arbitrator with the above required
    qualifications shall be selected by ADR Services, or, if applicable, the
    successor service. You hereby agree that the testimony of witnesses shall be
    given under oath, and that depositions and other discovery may be ordered by
    the arbitrator.



    (ii)        The costs of the arbitration, including
    the arbitrator’s fees, shall be borne equally by the parties to the
    arbitration, unless otherwise ordered by the arbitrator.



    (iii)       You are agreeing to have any dispute
    arising out of the matters included in this “arbitration of disputes” provision
    decided by neutral arbitration and are giving up any rights they might possess
    to have the dispute litigated in a Court or jury trial.



    (d)       If
    you materially breach these Terms and if Amoretti determines in good faith that
    immediate relief is necessary, Amoretti is excused from compliance with the
    requirements of Sections 15(b) and 15(c) and may seek temporary restraining
    orders, preliminary injunctions, or similar temporary and equitable relief in a
    court of competent jurisdiction without waiving the right and obligation to
    mediate and arbitrate pursuant to Sections 15(b) and 15(c).



    16.
    Attorneys’ Fees



    The prevailing party in any dispute arising
    under these Terms may recover reasonable attorneys' fees and costs.



    17. No Third-Party Beneficiary



    These Terms are solely for the benefit of you
    and Amoretti and do not create any rights for third parties.



    By participating in the Program, you
    acknowledge that you have read, understood, and agree to these Terms.



    18. Miscellaneous



    Amoretti reserves the right to institute a
    reserve fund holding commissions for a time period deemed necessary in
    situations where sales generated by an affiliate consistently have a high
    chargeback/cancellation ratio. Amoretti will be the sole and final arbitrator
    for any and all disputes or claims related to the validity of sales. Amoretti
    may assign these Terms in its own absolute sole discretion. Affiliate may not
    assign these Terms, by operation of law or otherwise, without Amoretti’s prior written
    consent. Subject to that restriction on Affiliate’s right to assign these Terms,
    these Terms will be binding on, inure to the benefit of, and enforceable
    against the parties and their respective successors and assigns. Amoretti’s
    failure to enforce Affiliate’s strict performance of any provision of these
    Terms will not constitute a waiver of Amoretti’s right to subsequently enforce
    such provision or any other provision of these Terms.


    Amoretti may disclose to Affiliate certain information as a result of Affiliate’s participation as part
    of the Program, which information Amoretti considers to be confidential (herein
    referred to as "Confidential Information"). For purpose of these Terms,
    the term "Confidential Information" shall include, but not be limited
    to, any modifications to the terms and provisions of these Terms
    made specifically for Affiliate’s site or social media channels and not
    generally available to other members of the Affiliate Program, website,
    business and financial information relating to Amoretti, customer and vendor
    lists relating to Amoretti and any members of the Program, other than
    Affiliate. Confidential Information shall also include any information that
    Amoretti designate as confidential during the term of these Terms.
    Affiliate agrees not to disclose any Confidential Information and that such
    Confidential Information shall also include any information that Amoretti
    designate as confidential during the term of these
    Terms. Affiliate agrees not to disclose any Confidential Information and that such Confidential Information
    shall remain strictly confidential and secret and shall not be utilized,
    directly or indirectly, by Affiliate for Affiliate’s own business purposes or for
    any other purpose except and solely to the extent that any such information is
    generally known or available to the public or if same is required by law or
    legal process. Amoretti makes no warranty, expressed or implied, with respect
    to any information delivered hereunder, including implied warranties of
    merchantability, fitness for a particular purpose or freedom from patent,
    trademark or copyright infringements, whether arising by law, custom or
    conduct, or as to the accuracy or completeness of the information and Amoretti
    shall not have any liability to Affiliate or to any other person resulting from
    Affiliate’s or such third person's use of the information.