Affiliate Program Agreement

Effective October 12, 2026. Last updated September 28, 2026.

This Affiliate Program Agreement (the "Agreement") governs your participation in the affiliate program of Medi Mall, Inc., doing business as MedMassager ("Seller"), for its Shopify store(s) (the "Affiliate Program"). The Affiliate Program is facilitated, at least in part, through the Levanta platform (the "Platform") using Shopify technology. In this Agreement, "you" or "your" means the individual or business applying to or participating in the Affiliate Program. This Agreement is between you and Seller. THE PARTIES UNDERSTAND AND ACKNOWLEDGE THAT NEITHER LEVANTA NOR ANY OF ITS AFFILIATES IS A PARTY TO THIS AGREEMENT. However, you must use the Platform in accordance with the Platform's separate Terms of Service ("TOS"). For purposes of the TOS, Shopify is the Marketplace for this Affiliate Program.

By applying to or participating in the Affiliate Program, you accept this Agreement.

1. Eligibility and Enrollment

To be eligible to participate in the Affiliate Program, you must have and maintain in good standing an account on the Platform. You must ensure that the information in your account and in any application you submit to Seller, including your email address, is at all times accurate and up-to-date. Seller may send notifications, approvals, and other communications relating to the Affiliate Program and this Agreement to the email address then-currently associated with your Platform account. You will be deemed to have received all notifications sent to that email address. To enroll in the Affiliate Program, you must submit an application and be approved by Seller. Seller may accept or reject your application in its sole discretion. If Seller rejects your application, this Agreement will terminate automatically.

2. Affiliate Links

Once you are enrolled in the Affiliate Program, you will be issued one or more unique affiliate links or URL parameters through the Platform, which facilitate tracking of your affiliate referrals as detailed in the Levanta Terms of Service. It is your responsibility to use and properly place the affiliate links made available through the Platform on an ongoing basis. Commissions shall only be paid on sales made on the Marketplace when the purchaser clicks through properly formatted affiliate links ("Qualifying Sales").

3. Commissions

You will earn affiliate commissions from Seller ("Commissions") for sales or other events completed through your affiliate link(s), calculated according to Seller's commission rate schedule then in effect. In addition to all other requirements in this Agreement, only sales recognized by Shopify as attributable to your affiliate links can earn Commissions.

4. Payment

Seller will pay Commissions to you using the payment process enabled by the Platform, as described under "Program Payments" in the Levanta Terms of Service. To receive payment of Commissions, your Platform account must be in good standing and you must maintain valid and up-to-date payment information (in your Platform account and/or on file with its Payment Provider, as described in the Platform Terms of Service).

Unless the Affiliate Program description specifies a different period, Commissions become non-reversible and deemed earned thirty (30) days after the end of the calendar month in which the underlying transaction occurred.

If any transaction for which a Commission has been or may be paid is later refunded, charged back, canceled, disputed, or otherwise rescinded for any reason (each, a "Rescinded Transaction"), you are not entitled to any Commission for that Rescinded Transaction. Any Commission previously paid on a Rescinded Transaction is subject to offset or recoupment and may be deducted from future payments or invoiced to you.

Notwithstanding the foregoing, Commissions voided under Section 9 or Section 10 remain subject to reversal and recoupment regardless of when they were earned or paid.

5. Brand Usage and Proprietary Rights

You may only use Seller's trademarks, service marks, logos, and other brand designations in accordance with Seller's guidelines as published or otherwise made available to you from time to time, whether verbally or in writing. None of your promotional activities may infringe Seller's proprietary rights or any third party's proprietary rights.

6. Qualifying Sites

Seller may refuse you entry into the Affiliate Program based on site content. Sites that do not qualify include sites that promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; or infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Seller. Seller may void any Commissions earned from promotional activities on sites that violate this Section 6.

7. Prohibited Uses of Links

You must promote Seller in a way that is not misleading and that allows visitors who use your affiliate link(s) to engage in bona fide transactions with Seller. You shall not use your affiliate links to cause, directly or indirectly, any transactions that are not made in good faith, including, but not limited to, through any device, program, robot, iframes, or hidden frames.

8. Promotional Methods

You agree to comply with all applicable laws, including the FTC Endorsement Guides, the CAN-SPAM Act, the TCPA, and data privacy laws. You must clearly disclose your relationship with Seller (e.g., "#ad" or "sponsored"), avoid deceptive practices, and may not use spam, forced redirects, or pop-ups on third-party sites. You must also follow the advertising terms and content policies of any platform you use (e.g., Meta, Google, TikTok, YouTube). All opt-out and unsubscribe requests must be promptly honored. You are solely responsible for ensuring your content complies with all platform-specific rules and all applicable influencer or affiliate marketing disclosure requirements in your jurisdiction. Violations may result in removal from the Affiliate Program and loss of unpaid Commissions.

9. Paid Search and Trademark Bidding

9.1 Protected Terms. "Protected Terms" means: (a) "MedMassager," "Med Massager," and "Medi Mall"; (b) any MedMassager product name or model number, including "MMF07"; (c) any misspelling, abbreviation, or variation of the foregoing; and (d) any phrase containing any of the foregoing (for example, "medmassager reviews" or "medmassager discount code").

9.2 Keyword bidding. You shall not purchase, bid on, or otherwise target any Protected Term as a keyword, search term, or audience trigger in any paid search, shopping, or sponsored placement on any platform, including Google Ads, Microsoft Advertising, Amazon Ads, and social platform search ads.

9.3 Ad content. You shall not use any Protected Term in ad headlines, ad copy, display URLs, or sitelinks, or in any domain name, subdomain, or social media account name.

9.4 Negative keywords. Where you run broad match, phrase match, or automated campaigns (such as Performance Max), you shall add all Protected Terms as negative keywords or brand exclusions.

9.5 Direct linking. You shall not run paid ads that link, directly or through a redirect, to medmassager.com or to any Seller product listing.

9.6 Cooperation. Upon Seller's request, you shall provide, within five (5) business days, reports or screenshots from your advertising accounts sufficient to show the keywords and search terms your campaigns targeted.

9.7 Remedies. Any violation of this Section 9 is a material breach. Seller may, in its sole discretion: (a) void all Commissions attributable to your affiliate links during the period of the violation, or, if that period cannot be determined, during the ninety (90) days preceding Seller's discovery of the violation; (b) recoup previously paid Commissions as provided in Section 4; and (c) terminate this Agreement immediately.

9.8 Exceptions. Any exception to this Section 9 requires Seller's prior written permission.

10. Product Claims

MedMassager products are FDA-registered Class I medical devices. You shall not describe any MedMassager product as "FDA approved" or "FDA cleared," or state or imply that any product cures, treats, heals, or prevents any disease or medical condition. You shall not present your personal results as typical. Any statement that a product has been clinically studied may refer only to the MedMassager Foot Massager MMF07 and may not overstate the study's findings. Seller may require you to edit or remove any content that violates this Section 10. If you do not correct a violation within forty-eight (48) hours of notice, the remedies in Section 9.7 apply.

11. Modification

Seller may modify or replace this Agreement. If Seller does so, it will provide advance written electronic notice to you. The effective date of any change will be the date specified by Seller. If you do not agree to the new terms, you may terminate this Agreement as provided herein. Your continued participation in the Affiliate Program after the effective date of new terms constitutes your acceptance of those terms.

12. Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on Seller's behalf, or to otherwise act on Seller's behalf, except as permitted in this Agreement. You are solely responsible for all taxes, withholdings, and other statutory, regulatory, or contractual obligations of any kind.

13. Term and Termination

This Agreement begins when you accept it and ends when terminated by either party under its terms. Either party may terminate this Agreement at any time, with or without cause. Seller may terminate immediately upon any material breach, including any violation of Section 9 or Section 10.

14. Effect of Termination

Upon termination, all licenses granted under this Agreement terminate immediately. You must immediately remove all links to Seller's website from your websites and social media profiles and stop using all Seller trademarks, service marks, logos, other brand designations, and other materials provided in connection with the Affiliate Program. You are not eligible to receive Commissions after termination, except that Commissions earned before termination will be paid to you, other than Commissions voided under Section 6, Section 9, or Section 10.

15. Disclaimer

Seller makes no express or implied warranties or representations regarding the Affiliate Program or your potential to earn income from it. Seller has no responsibility for tracking or determining Qualifying Sales.

16. Limitation of Liability

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF USE, OR LOSS OF DATA, WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Assignment

You may not assign any rights or delegate or subcontract any obligations under this Agreement without Seller's prior written consent. Seller may freely assign its rights and obligations under this Agreement at any time.

18. Governing Law

This Agreement is governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Any dispute arising under this Agreement shall be brought exclusively in the state courts located in Henderson County, North Carolina, or the United States District Court for the Western District of North Carolina, and each party consents to the personal jurisdiction of those courts.

19. Entire Agreement

This Agreement, together with any documents incorporated by reference and any related Seller schedules or guidelines, is the sole and entire agreement of the parties regarding its subject matter.

20. Severability

If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, that shall not affect any other provision of this Agreement or make that provision invalid or unenforceable in any other jurisdiction.

21. Contact

Medi Mall, Inc., d/b/a MedMassager, 189 Continuum Drive, Suite A, Fletcher, NC 28732. Affiliate inquiries: affiliates@medmassager.com.