Affiliate Program Terms and Conditions

These Affiliate Program Terms & Conditions (“Terms”) govern the participation of individual creators (“Creator”) in the Upfluence Affiliate Program (“Program”) operated by Upfluence Inc., DBA Upfluence, a Delaware corporation with its principal office at 214 Sullivan St., 3A, New York, NY 10012 (“Upfluence”).
By enrolling in or participating in the Program, Creator agrees to be bound by these Terms, as well as the Registered Influencer Terms and Conditions available at https://www.upfluence.com/registered-influencer-terms-conditions, which are incorporated by reference.

1. Purpose of the Program

Creators participating in the Program may create promotional content referencing Upfluence and/or refer prospective customers to Upfluence using the designated tracking link. The goal of the Program is to generate awareness for Upfluence’s products and encourage qualified prospects to request and complete product demonstrations.

2. Term

These Terms apply beginning on the date the Creator joins the Program (“Effective Date”) and shall remain in effect for one (1) year unless otherwise terminated pursuant to Section 10.
The Program may be renewed for additional one (1) year periods upon mutual written agreement.
If the Creator does not renew participation, no compensation is owed for demos or contracts arising from prospects generated after the expiration of the Term.

3. Creator Obligations

Creators participating in the Program agree to:

  1. Refer brands, companies, or contacts to Upfluence using the assigned trackable referral link.

  2. Create and publish promotional content aligned with Upfluence’s brand and messaging guidelines.

  3. Direct prospective customers to book a demo with Upfluence exclusively through the provided trackable link.

  4. Use only Upfluence-approved messaging and assets when applicable.

  5. Follow all FTC disclosure requirements and all applicable laws related to advertising and endorsements.

Upfluence cannot guarantee credit or compensation for referrals that do not use the assigned link.

4. Content Requirements & Approvals

All promotional content created under the Program must:

  • Clearly and prominently disclose the Creator’s affiliation with Upfluence in compliance with FTC guidelines.

  • Tag Upfluence’s designated social media handles and include the trackable link.

  • Be submitted to Upfluence for approval before publishing.

Upfluence may approve or reject content at its discretion. If no feedback is provided within two (2) business days, the content will be deemed approved.

5. License & Usage Rights

Creator grants Upfluence an exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use, reproduce, modify, distribute, and display:

  • All promotional content created under these Terms; and

  • Creator’s name, likeness, image, voice, and social handles
    for marketing, advertising, and promotional purposes across any organic, paid, or owned channels.

6. Confidentiality

Creators agree not to disclose any non-public, confidential, or proprietary information obtained through participation in the Program, including business strategies, performance data, or financial information.

7. Independent Contractor Status

Creators are independent contractors and not employees, partners, or agents of Upfluence. Nothing in these Terms creates an employment or joint venture relationship.

8. Indemnification

Each Creator agrees to indemnify and hold harmless Upfluence from claims, damages, liabilities, and expenses arising from:

  • Any breach of these Terms; or

  • Any violation of applicable law, including advertising and disclosure regulations.

9. Termination

Either party may terminate participation in the Program with thirty (30) days’ written notice.
Upfluence may terminate immediately in the event of:

  • Material breach,

  • Fraudulent activity,

  • Damage to Upfluence’s brand or reputation.

Creators are eligible for compensation only for qualified referrals and approved content generated prior to the termination date.

10. Governing Law

These Terms are governed by the laws of the State of New York. Any disputes shall be resolved in the state or federal courts located in New York County, New York.

11. Affiliate Quality & Probation Policy

All new Creators are subject to a one (1) month probationary period beginning once their first referral is submitted. During this period, Upfluence may evaluate the quality and authenticity of referrals.

Upfluence may immediately terminate participation—without compensation—if:

  • Referrals are determined to be low-quality, fraudulent, or misrepresentative; or

  • The Creator engages in conduct harmful to Upfluence.

After probation, Upfluence may suspend or terminate participation at any time if referral quality declines or fraudulent activity is detected.

12. Entire Agreement

These Terms constitute the entire understanding between the Creator and Upfluence regarding Program participation and supersede all prior agreements or communications.