Effective Date: 2/1/2021
Last Updated: 1/29/2023
Primary Website:
https://soulliftcacao.com/Parent Company: Inner Waymark LLC
1988 SE Ladd Ave, Portland, Oregon, USA
**PLEASE READ THIS ENTIRE CONTRACT AND THEN SIGN AND DATE BELOW**
1) ASSENT AND ACCEPTANCE
By signing and submitting this form for Soul Lift Cacao’s Affiliate Program, you confirm that you have read and reviewed this Agreement and that you agree to be an active participant in it.
If you do not agree to be a participant of the Agreement in these documents, do not submit a completed form and please notify us by email at
hello@soulliftcacao.com.
2) AGE RESTRICTION
You must be 18 (eighteen) years of age to join the Soul Lift Cacao Affiliate Program. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Soul Lift Cacao assumes no responsibility or liability for any misrepresentation of your age.
3) NON-EXCLUSIVITY
This Agreement does not create an exclusive relationship between You and Soul Lift Cacao.
You are free to work with similar affiliate programs in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
However affiliates are not permitted to sell the same varieties of cacao under different labels or names. Doing so would be grounds for immediate deactivation of the affiliate's account.
4) AFFILIATE WELCOME PACKAGE
Soul Lift Cacao requires new affiliates to, upon submission of this Agreement, purchase the Affiliate Welcome Package (current price $49) which contains samples for personal use and training materials.
This cost is non-refundable. Shipping costs are not included.
Purchase of the Affiliate Welcome Package and acceptance into the program also grants affiliate a 10% discount code for any of their personal purchases from Soul Lift Cacao, either on our website (
soulliftcacao.com) or at our brick-and-mortar cafe(s). This personal discount can be used on cacao/food items and courses, but not trips or retreats.
5) AFFILIATE PROGRAM STRUCTURE
After your acceptance into the Soul Lift Cacao Affiliate Program, you must ensure that we have your payout information, and that your accounts are set up thoroughly to support the Affiliate Program content expectations.
Please be advised the below is a general description of the Soul Lift Cacao Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of the Agreement.
We will provide you with a specific link which corresponds to all products we are offering for sale on our website.
–The link is generated and tracked through Affiliatly.com, where you will make an "advertiser" account.
–The link will be keyed to your identity and will send online users to Soul Lift Cacao’s website.
–You hereby agree to fully cooperate with Soul Lift Cacao regarding the coded link and that you will explicitly comply with all the terms of this Agreement for the promotion of the link at all times.
–We may modify the specific link and will notify you if we do so.
–You agree to only use links which are prior approved by Soul Lift Cacao and to display the link prominently on your social media page and posts featuring Soul Lift Cacao products on your blog and website, as described in the Soul Lift Cacao Affiliate Program Agreement.
– Affiliates may not relabel or rebrand Soul Lift Cacao products if reselling them
– Affiliates may not resell our products online (i.e., take payment online and re-ship them)
Each time the customer uses your affiliate link to make a purchase from
soulliftcacao.com within seven days of clicking the link, you will be eligible to receive the following specific commission rates:
–20% for first 10 sales per month
–25% for the 11th and additional orders within the month
*Seven days are tracked by a cookie in the customer's web browser, so they can leave the website and come back, and the commission will still count.
If you’d prefer to embed a 5% discount in your link to entice people to buy, you will instead be eligible to receive the following commission rates:
–15% for first 10 sales per month
–20% for the 11th and additional orders within the month
*This route does not include a browser cookie, so the customer must purchase on that same visit to
soulliftcacao.com for it to count your commission. It does not allow the seven-day tracking.
*If you do share the code for 5% off, DO NOT list terms on your website or social media such as "Soul Lift Cacao discount" or "Soul Lift Cacao discount code," since that will show up in web search results. Instead you could say "5% off ceremonial cacao" or "get ceremonial cacao here."
Soul Lift Cacao’s commission rate is capped at 25%.
Soul Lift Cacao reserves the right to alter or change the commission rates and will notify affiliates by email if and when that happens.
ELIGIBILITY FOR COMMISSION:
–A customer transaction must have occurred without request for refund by the Party involved in the transaction.
–The customer must NOT be the same person as the registered affiliate.
–A customer transaction is not cancelled.
–You will only be eligible for a Commission derived from your tagged affiliate link (which can be made into a QR code) and/or, if you choose to receive one, your affiliate code. A customer naming you after the fact is not eligible for a commission.
–The first purchase of a subscription is eligible for a commission. It's calculated *after* the discount a customer gets on a subscription purchase plus any discount provided if you are distributing a coupon code for tracking referrals. Subsequent orders in the same subscription will not generate a commission.
–Gift cards, memberships, trips, or retreats offered through Soul Lift Cacao are not eligible for a commission, unless specific offers are made on a case-by-case basis.
–An affiliate can only guide the customer to purchase using the affiliate link or discount code if the affiliate is at least 1/4 mile away from Soul Lift Cacao's brick-and-mortar shop(s); an event produced or sponsored by Soul Lift Cacao; a Soul Lift Cacao vending booth at a festival, fair, or market; or any similar Soul Lift Cacao nexus (physical sales presence). This is to prevent a conflict of interest in a place where we already have contact with potential or existing customers.
*NOTE: Affiliates can still use their personal 10% discount code at our brick-and-mortar cafe, and are allowed to purchase items for other people either as gifts or to be compensated through other means.
Commission for customer transactions with the coded Affiliate link will be calculated from the product total after subtracting 2.9% to cover our payment processing fees
–If any taxes or shipping costs occur in the sale, they are not used to calculate the commission
6) SPECIFIC TERMS APPLICABLE
We will determine whether payout is permissible by our sole and executive discretion. We reserve the right to reject clicks and sales that do not comply with the terms of this Agreement.
Processing and fulfilling orders will be our responsibility. We will also be able to provide real-time data regarding the sales success of your affiliation with Soul Lift Cacao via email at any time.
7) PAYOUT INFORMATION
In order to receive payment under this Agreement, you [affiliate] must have:
–Agreed to the terms of this Agreement by signing and dating below.
–Purchased the Affiliate Welcome Package upon submission of this Agreement
–Have a valid and up-to-date Venmo or PayPal account
–Submitted completed W-9 tax documentation to
hello@soulliftcacao.com–Affiliates are solely responsible for payments for all taxes applicable to the commission.
Currently, Soul Lift Cacao employs the following methods of payout:
–Payout will occur by the 1st day of month that comes after you reach your payout threshold. (e.g., if you reach your threshold on April 17, we will send payment by May 1 at the latest).
–Payments are made available through Venmo or PayPal, paid by the business account: Soul Lift Cacao.
For any changes in your payout information (i.e. changes to your PayPal/Venmo account), you must notify us at
hello@soulliftcacao.com immediately, and we will endeavor to make changes to your payout information as soon as possible.
Soul Lift Cacao explicitly reserves the right to change payout information at our sole and exclusive discretion. If we do so, you will be notified.
Payouts are also subject to the following restrictions:
–Payouts are only available when a threshold of the following amount is met: $25.
–If an affiliate reaches the payout threshold twice in one month, their threshold will be increased (e.g., to $50 or 100, or another suitable amount).
–Soul Lift Cacao is not obligated to pay affiliates for forfeited (cancelled) or returned transactions that were made with the affiliate’s discount code.
–Soul Lift Cacao has the explicit right to determine the currency in which commission payments are made to the Affiliate.
–Commission payments are made in USD.
–All amounts payable by Soul Lift Cacao to you [Affiliate] are subject to be offset by Soul Lift Cacao against any amounts owed by you [Affiliate] to Soul Lift Cacao.
For any disputes as to payout, Soul Lift Cacao must be notified within 30 days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after 30 days of payout will not be addressed.
8) TRAINING AND SUPPORT
Upon purchase of the Affiliate Welcome Package, Soul Lift Cacao may make available to you various educational video content and other resources to support affiliate marketing preparedness, through the Affiliate Portal page on the Soul Lift Cacao website.
Live web-conference training with all affiliates may be made available to affiliates from time to time.
Soul Lift Cacao has the sole and explicit right to amend or discontinue any or all parts of the Affiliate Program benefits or offerings at any time. Affiliates will be notified via email if and when we do.
Soul Lift Cacao encourages all customers and affiliates to comment on Soul Lift Cacao’s social media posts and write product reviews on
soulliftcacao.com.
9) FEDERAL TRADE COMMISSION GUIDELINES
In cooperation with US FTC Endorsement Guidelines, affiliates must disclose their non-exclusive affiliation with Soul Lift Cacao (i.e., you must be transparent when messages are affiliate marketing for Soul Lift Cacao).
Use simple and clear language, examples below of various ways to disclose:
–“Thanks to Soul Lift Cacao for xyz”.
–Terms planted in description or a hashtag e.g. #affiliate, #sponsored #brandambassador
–The disclosure should be in the same communication as the endorsement itself (e.g., the same post, video, or other content).
It is an FTC violation to make claims about a product, such as claiming scientific proof that a product can treat a health condition.
–Testimonials must not “recommend” or “suggest” a product is a medical solution to a health condition.
–Affiliates also may be liable for statements made in the course of their endorsements.
10) TERM AND TERMINATION
The term of this Agreement will begin when we accept you into the Soul Lift Cacao Affiliate Program. It can be terminated by either Party anytime.
You may only earn payouts as long as you are a Soul Lift Cacao affiliate in good standing with the terms.
*Any affiliate account that is inactive/not referring visitors to our website for a period of 2 months will be subject to termination. You will be notified of the inactivity but if no response is received, your account may be deactivated without further warning.
If you terminate this Agreement with Soul Lift Cacao and are still in good standing, you will qualify to receive any commissions earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website, you forfeit all rights, including the right to any unpaid commissions.
Soul Lift Cacao specifically reserves the right to to terminate this Agreement if you [affiliate] violate any of the terms outlined herein, including, but not limited to violating the intellectual property rights of Soul Lift Cacao or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal, including, but not limited to material that violates FTC (US Federal Trade Commission) Guidelines, e.g. medical claims.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
11) INTELLECTUAL PROPERTY
You hereby provide Soul Lift Cacao a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise the Soul Lift Cacao Affiliate Program.
You agree to the exclusive right of Soul Lift Cacao to use affiliate-created content, including trademarked and servicemarked material, in perpetuity, thereby granting the exclusive royalty-free use of affiliate-created content to Soul Lift Cacao.
Soul Lift Cacao hereby grants you [affiliate] a non-exclusive, non-transferable, revocable license to access our websites in conjunction with identifying Soul Lift Cacao and brand on your [affiliate’s] platforms to send customers to the affiliate links we provide.
We may revoke this license at any time and if we find you [affiliate] are using the Soul Lift Cacao link or brand in any manner not contemplated by this Agreement. Soul Lift Cacao reserves the right to terminate this Agreement.
Other than as provided herein, you are not authorized to any of the Soul Lift Cacao links or brand, or any confusingly similar variation of the Soul Lift Cacao IP, without our express written permission. This includes a restriction on using the Soul Lift Cacao link or brand in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause customer confusion.
Unauthorized use of the Soul Lift Cacao IP shall constitute unlawful infringement and we reserve all our rights, including the right to pursue an infringement suit which may result in obligation to pay monetary damages or legal fees and costs.
12) MODIFICATION & VARIATION
Soul Lift Cacao may, from time to time and at any time, modify this Agreement. You agree that Soul Lift Cacao has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to the Agreement are in full force and effect immediately upon notification, and modifications or variations will replace any prior version of this Agreement.
If Soul Lift Cacao updates or amends the terms of this Agreement, affiliates will be notified via email. Continued use of Soul Lift Cacao Affiliate Program links will be implied agreement to updated and amended terms of the Affiliate Agreement.
In the event you [affiliate] do not agree to the update or replacement, notify Soul Lift Cacao via email at
hello@soulliftcacao.com and we will:
–Settle outstanding commission balance
–Deactivate affiliate account with Affiliatly platform
–Withdrawal access to Soul Lift Cacao Affiliate Portal
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any kind of partnership, joint venture, agency, franchise, or employment relationship.
Affiliates are independent contractors for Soul Lift Cacao and will remain so at all times while operating within the terms of this Agreement.
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or Soul Lift Cacao for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, social media platforms, products, services, or the general business of Soul Lift Cacao.
You further agree not to use the Affiliate Program:
–To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
–To violate any intellectual property of Soul Lift Cacao or any third party;
–To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
–To perpetuate any fraud;
–To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme (multi-level marketing);
–To publish or distribute any obscene or defamatory material;
–To publish or distribute any material that incites violence, hate or dicrimination towards any group;
–To unlawfully gather information about others;
–To relabel or rebrand Soul Lift Cacao products if reselling them;
–To resell our products online (i.e., take payment online and re-ship them);
–To enter into competitive Google Ad hashtag bidding over Soul Lift Cacao branded terms (e.g., “Soul Lift Cacao,” “Level Up Your Life,” etc)
During the term of this Agreement, in the event that Soul Lift Cacao makes images of logo and other intellectual property available to you [Affiliate] with the following restrictions:
–Use of logo or images and intellectual property of Soul Lift Cacao is not altered in any way.
–Only use official images representing Soul Lift Cacao that are provided to you or given express written permission by Soul Lift Cacao.
–Immediately comply if Soul Lift Cacao requests to discontinue use of content and images being used to represent Soul Lift Cacao.
–Use of logo or images and intellectual property may not be used in a misleading or disparaging way.
–Use of logo or images and intellectual property may not be used in connection with an obscene, indecent, or unlawful topic or material.
–Use of logo or images and intellectual property may not be used in a way that implies we endorse, sponsor, or approve of your services or products, that are in non-relation to messages, products, and services, of Soul Lift Cacao.
15) AFFILIATE COMPLIANCE & FTC COMPLIANCE
Affiliates are responsible for ensuring operations and maintenance of the platforms and sites associated with Soul Lift Cacao affiliation, including technical operations, written claims, links, and accuracy of materials.
Affiliates must ensure, as noted above, that the platforms and sites associated with your affiliation with Soul Lift Cacao do not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
You agree to Soul Lift Cacao monitoring your account, including clicks and purchases coming through the affiliate link. If Soul Lift Cacao determines you are not in compliance with any of the terms of this Agreement, Soul Lift Cacao has the right to immediately terminate your participation in the Affiliate Program.
Soul Lift Cacao requires all of our affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated.
The Federal Trade Commission requires that affiliate relationships, such as the relationship between you [affiliate] and Soul Lift Cacao, be disclosed to consumers.
Use simple and clear language, such as in the below examples showing various ways to disclose:
–“Thanks to Soul Lift Cacao for xyz”
–Terms planted in description or a hashtag e.g. #affiliate, #sponsored #brandambassador
–The disclosure should be in the same language as the endorsement itself.
It is an FTC violation to make claims about a product – such as scientific proof that a product can treat a health condition.
16) DATA LOSS
Soul Lift Cacao does not accept responsibility for the security of your account or content.
17) INDEMNIFICATION
You agree to defend and indemnify Soul Lift Cacao and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the company shall be able to select its own legal counsel and may participate in its own defense, if Soul Lift Cacao wishes.
18) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
20) SERVICE INTERRUPTIONS
Soul Lift Cacao may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that Soul Lift Cacao shall have no liability for any damage or loss caused as a result of such downtime.
21) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by Soul Lift Cacao are on an “As Is'' basis. Soul Lift Cacao hereby expressly disclaims any and all express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
Soul Lift Cacao makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. Soul Lift Cacao also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that Soul Lift Cacao is not liable for any such damage or loss.
22) LIMITATION ON LIABILITY
Soul Lift Cacao/Inner Waymark LLC is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of Soul Lift Cacao arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23) GENERAL PROVISIONS
–Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
–Jurisdiction, Venue, & Choice of Law: Through your participation in the Affiliate Program, you agree that Oregon shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and Soul Lift Cacao, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Multnomah, Oregon. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of the venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
–Arbitration: In case of dispute between the parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Multnomah. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Oregon. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local [Multnomah County] laws, ordinances, statutes, or regulations. Intellectual property claims by Soul Lift Cacao will not be subject to arbitration and may, as an exception to this subsection, be litigated. The Partied, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
–Force Majeure: Soul Lift Cacao is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
