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Legal Agreement

Affiliate Program Terms & Conditions

Please read these terms carefully before joining the FlourishTalk Affiliate Program. By applying, you agree to be bound by these terms.

Effective Date: 1 December 2025

Table of Contents

1

Introduction and Acceptance

These Affiliate Program Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("Affiliate," "you," or "your") and FlourishTalk, a division of FlourishWell4Life ("Company," "we," "us," or "our").

By submitting an application to join the FlourishTalk Affiliate Program ("Program") or by participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, do not apply for or participate in the Program.

Important: We reserve the right to accept or reject any affiliate application at our sole discretion, without providing reasons for our decision.

2

Program Overview

The FlourishTalk Affiliate Program allows approved affiliates to earn commissions by promoting and referring customers to our products and services.

2.1 Eligible Products

Affiliates may promote all products available on the FlourishTalk platform, including:

2.2 How It Works

Upon approval, you will receive a unique affiliate code and tracking link. When customers click your link and make a purchase within the cookie duration period, you earn a commission on that sale.

3

Eligibility Requirements

To be eligible for the FlourishTalk Affiliate Program, you must:

3.1 Prohibited Applicants

We do not accept applications from individuals or entities that:

4

Commission Structure

FlourishTalk operates a tiered commission structure for individual orders, with a flat rate for group orders. All sales count toward tier advancement.

4.1 Individual Order Commission Tiers

Tier Lifetime Sales (ZAR) Commission Rate
Bronze R0 โ€“ R2,000 15%
Silver R2,001 โ€“ R5,000 18%
Gold R5,001 โ€“ R10,000 20%
Platinum R10,001+ 25%

4.2 Group Order Commission

Group orders processed through the FlourishTalk bulk order system receive a flat 20% commission rate, regardless of the affiliate's current tier.

4.3 Tier Advancement

Tier advancement is based on cumulative lifetime sales (not monthly). Once you reach a higher tier, you remain at that commission rate permanently, even during slower periods.

4.4 Cookie Duration

Our affiliate tracking uses a 30-day cookie. This means you will receive credit for any purchase made within 30 days of a customer clicking your affiliate link, even if they do not purchase immediately.

4.5 Commission Calculation

Commissions are calculated on the net sale amount (after any discounts or vouchers applied). For group orders, commission is calculated on the discounted bulk order total. Commissions are not paid on shipping costs, taxes, or refunded orders.

5

Payment Terms

5.1 Minimum Payout Threshold

The minimum payout threshold is R200 ZAR (or equivalent in your local currency). Commissions below this threshold will accumulate until the minimum is reached.

5.2 Payment Schedule

Payments are processed on the 15th of each month for the previous month's confirmed commissions. Sales are confirmed after the refund period (14 days) has passed.

5.3 Payment Methods

5.4 Payment Information

You are responsible for providing accurate payment information. We are not liable for payments sent to incorrect account details provided by you.

5.5 Taxes

You are solely responsible for reporting and paying any taxes applicable to your affiliate earnings in your jurisdiction. We may request tax documentation as required by law.

6

Affiliate Responsibilities

6.1 Honest Promotion

You agree to promote FlourishTalk products honestly and accurately. You must not make false claims, exaggerated promises, or misleading statements about our products, services, or results.

6.2 Disclosure Requirements

In accordance with consumer protection and advertising regulations, you must clearly disclose your affiliate relationship when promoting FlourishTalk products. This includes:

6.3 Prohibited Promotional Methods

The following promotional methods are strictly prohibited:

  • Spam: Unsolicited emails, messages, or communications
  • False advertising: Misleading claims about products or earnings potential
  • Trademark bidding: Bidding on "FlourishTalk" or related terms in paid advertising
  • Cookie stuffing: Forcing cookies onto users without their knowledge or consent
  • Fake reviews: Posting fraudulent testimonials or reviews
  • Incentivised clicks: Paying or rewarding users simply to click your links
  • Misleading redirects: Using deceptive URLs or redirect schemes
  • Adult or illegal content: Promoting on inappropriate platforms

6.4 Brand Representation

When representing FlourishTalk, you must maintain professionalism and not engage in any conduct that could damage our reputation or brand image.

7

Intellectual Property

7.1 Limited License

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use FlourishTalk trademarks, logos, and promotional materials solely for the purpose of promoting products under this Program.

7.2 Restrictions

You may not:

7.3 Termination of License

This license terminates immediately upon termination of your participation in the Program. You must cease all use of our intellectual property within 7 days of termination.

8

Confidentiality

During your participation in the Program, you may receive confidential information including commission structures, marketing strategies, unreleased products, or business information.

You agree to:

These confidentiality obligations survive termination of this Agreement.

9

Term and Termination

9.1 Term

This Agreement begins upon your acceptance into the Program and continues until terminated by either party.

9.2 Termination by You

You may terminate your participation at any time by providing written notice to support@flourishtalk.co.za. Pending commissions above the minimum threshold will be paid in the next payment cycle.

9.3 Termination by Us

We may terminate your participation:

9.4 Effect of Termination

Upon termination:

9.5 Survival

Sections regarding Confidentiality, Indemnification, Limitation of Liability, and Dispute Resolution survive termination of this Agreement.

10

Limitation of Liability

10.1 No Warranties

The Program is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Damages

To the maximum extent permitted by law, FlourishTalk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, arising from your participation in the Program.

10.3 Maximum Liability

Our total liability to you for any claims arising from this Agreement shall not exceed the total commissions paid to you in the twelve (12) months preceding the claim.

10.4 Technical Issues

We are not liable for tracking failures, technical issues, or system errors that may affect commission attribution. We will make reasonable efforts to resolve such issues but do not guarantee retroactive commission adjustments.

11

Indemnification

You agree to indemnify, defend, and hold harmless FlourishTalk, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

12

Independent Contractor Relationship

You are an independent contractor and not an employee, partner, joint venturer, or agent of FlourishTalk. This Agreement does not create an employment relationship, and you are not entitled to any employee benefits.

You are responsible for:

13

Modifications to Agreement

We reserve the right to modify these terms at any time. Changes will be communicated via email to your registered address and/or posted on our website.

13.1 Notice Period

13.2 Acceptance of Changes

Your continued participation in the Program after changes take effect constitutes acceptance of the modified terms. If you do not agree to any changes, you may terminate your participation before the changes take effect.

14

Dispute Resolution

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

14.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@flourishtalk.co.za to attempt to resolve any dispute informally within 30 days.

14.3 Mediation

If informal resolution fails, both parties agree to attempt mediation before pursuing litigation. Mediation shall be conducted in Cape Town, South Africa, or via video conference if mutually agreed.

14.4 Jurisdiction

Any legal proceedings arising from this Agreement shall be brought exclusively in the courts of the Western Cape, South Africa. You consent to the personal jurisdiction of these courts.

15

General Provisions

15.1 Entire Agreement

This Agreement constitutes the entire agreement between you and FlourishTalk regarding the subject matter hereof and supersedes all prior agreements, understandings, and communications.

15.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, war, terrorism, or government actions.

15.6 Notices

All notices under this Agreement shall be in writing and sent via email. Notices to us shall be sent to support@flourishtalk.co.za. Notices to you shall be sent to your registered email address.

16

Contact Information

If you have any questions about these terms or the Affiliate Program, please contact us:

FlourishTalk Affiliate Support

Email: support@flourishtalk.co.za

Website: www.flourishtalk.co.za

We aim to respond to all inquiries within 2-3 business days.

By applying to join the FlourishTalk Affiliate Program, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.