Brand Wave Affiliate Program Agreement
Effective Date: 25 / 03 / 2025
This Affiliate Agreement ("Agreement") is entered into by and between Brand Wave for Marketing and Development, a company organized and existing under the laws of the State of Kuwait ("Brand Wave", "we", "us", or "our"), and the applicant ("Affiliate", "you" or "your").
1. Purpose of the Agreement
This Agreement outlines the terms and conditions under which Brand Wave will engage the Affiliate to promote its services and offerings via a referral-based affiliate program, and under which commissions may be earned based on successful leads or sales.
2. Independent Affiliate Relationship
- The Affiliate is not an employee, partner, franchisee, or legal representative of Brand Wave.
- Nothing in this Agreement shall be interpreted as creating a partnership, joint venture, or employment relationship.
- The Affiliate is solely responsible for any tax obligations or regulatory reporting in their jurisdiction.
3. Registration & KYC Requirements
To participate, the Affiliate must:
- Submit accurate personal or business information, including verified PayPal email, identity documents, and address.
- Agree to all KYC (Know Your Customer) and AML (Anti-Money Laundering) requirements.
- Maintain an active, valid PayPal account to receive payments.
Incomplete or fraudulent applications will result in rejection or termination of participation.
4. Tracking & Attribution
- Each Affiliate will receive a unique referral link or QR code.
- Tracking is based on cookie/session IDs with a configurable duration.
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Brand Wave is not liable for missed or lost referrals due to:
- Ad blockers
- Browser privacy settings
- Affiliate misuse
- User behavior outside our control
5. Commission Structure
- Commission terms will be defined by Brand Wave and may vary per campaign.
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Structures may include:
- Fixed amounts per lead/sale
- Percentage-based commissions
- Tiered or recurring commissions (for subscription-based clients)
All rules will be visible in the Affiliate Portal. Brand Wave reserves the right to change commission structures with 7 days’ written notice.
6. Payout Terms
- Minimum payout threshold: $20 USD
- Payout method: PayPal only
- Payout frequency: Monthly, within the first 10 business days of the month following commission approval
- Affiliate is responsible for maintaining an accurate PayPal address
Brand Wave is not responsible for delays or issues due to invalid or restricted PayPal accounts.
7. Prohibited Activities
Affiliates must not:
- Misrepresent Brand Wave, its services, or offers
- Use spam, fake leads, cookie stuffing, or deceptive practices
- Run paid ads using Brand Wave's name or trademarks without permission
- Attempt to create duplicate or fraudulent accounts
Violation may result in immediate suspension, commission forfeiture, and legal action.
8. Confidentiality & Data Use
- All affiliate performance data, client leads, and internal documents are considered confidential.
- Affiliates may not share, distribute, or misuse customer data or program information.
- Violation will be treated as a material breach of contract.
9. Termination
Brand Wave may terminate this Agreement:
- At any time with 7 days’ written notice
- Immediately in case of fraud, misuse, or breach
Upon termination:
- All outstanding approved commissions will be paid
- Access to the Affiliate Portal will be revoked
- Any pending commissions may be voided if tied to invalid activity
10. Legal Jurisdiction
- This Agreement shall be governed by the laws of the State of Kuwait.
- Any disputes arising under this Agreement shall be resolved by the courts located in Kuwait City.
11. Agreement Acceptance
By submitting the application and participating in the program, the Affiliate confirms:
- They have read and understood this Agreement
- They agree to abide by all rules, policies, and updates
- They are 18 years of age or older and legally capable of entering into this agreement