Referral Partner Program Terms
These Terms govern your participation in
the Elev-8 Labs Referral Partner Program (the “Program”). By creating a
partner code, clicking any acknowledgement, or otherwise participating
in the Program, you agree to be bound by these Terms and all linked
policies. Please read carefully — Section 14 contains an arbitration
agreement and class-action waiver.
1. Eligibility and Authority
You must be at least 21 years of age and legally able to enter into
contracts in your jurisdiction. You represent and warrant that all
information you provide is accurate and that you have full power and
authority to enter into and perform under these Terms. You may not
participate if Elev-8 Labs has previously terminated your partner
account, unless we expressly reinstate you in writing.
2. Independent Relationship — No Authority to Bind
You are an independent referrer, not an employee, agent, contractor,
joint venturer, partner, or franchisee of Elev-8 Labs. You have no
authority to bind Elev-8 Labs, accept payments on its behalf, negotiate
on its behalf, make representations about Elev-8 Labs, or hold yourself
out as a representative, spokesperson, or official source of Elev-8
Labs. You may not register domain names, social media handles, email
addresses, or any other identifiers that could reasonably be confused
with Elev-8 Labs’ own properties.
3. License to Use Brand Assets
Subject to these Terms, Elev-8 Labs grants you a limited, revocable,
non-exclusive, non-transferable, non-sublicensable license to share your
referral link and to mention Elev-8 Labs’ product names in accurate,
non-disparaging contexts. You may not modify our logos, marks, or trade
dress, create derivative branding, or use any Elev-8 Labs asset in a way
that suggests endorsement, sponsorship, or official representation. This
license terminates automatically upon any suspension or termination of
your account, or at any time at Elev-8 Labs’ sole discretion upon
notice.
4. Content Responsibilities and Restrictions
You are solely and personally responsible for the truth, legality,
accuracy, and consequences of every statement, post, video, message,
livestream, advertisement, or other communication you publish in
connection with your referral activity. Elev-8 Labs does not control,
dictate, supervise, edit, or pre-approve your content and shall not be
deemed a publisher, sponsor, or endorser of any of your content. You
will not: Describe Elev-8 Labs products as suitable, safe, or intended
for human use, human consumption, ingestion, injection,
self-administration, dietary or supplement use, cosmetic use, veterinary
use, or any medical or therapeutic application; Provide dosing,
administration, cycling, or usage instructions of any kind directed at
humans or animals; Claim or imply that any Elev-8 Labs product treats,
cures, mitigates, diagnoses, prevents, or alleviates any disease,
illness, condition, symptom, or biological function; Make any health,
performance, hormonal, anti-aging, recovery, weight, fitness, or
aesthetic claims; Misrepresent the discount amount, fabricate discount
percentages or limited-time offers, or otherwise mislead customers about
pricing, savings, or program terms; Make false, misleading, deceptive,
exaggerated, or unsubstantiated claims about Elev-8 Labs, its products,
pricing, discounts, or business practices; Use Elev-8 Labs’ name,
trademarks, or marks in paid search campaigns, in domain names, or in
any manner that would mislead consumers about the source of the offer;
Promote Elev-8 Labs on platforms that prohibit such promotion or that
primarily host content directed to minors; Engage in negative SEO, brand
bidding, cookie stuffing, self-referrals, fake clicks, or any practice
designed to inflate or manipulate commissions.
5. Required Disclosures
(FTC and Equivalent)
You must clearly and conspicuously disclose your material connection to
Elev-8 Labs in every piece of content where you include your referral
code, your referral link, or any reference to Elev-8 Labs’ products.
Acceptable disclosures include “#ad”, “#affiliate”, or plain-language
statements such as “I earn a commission from this link.” Disclosures
must not be buried, abbreviated to ambiguous shorthand, or relegated to
fine print. You are responsible for complying with the FTC Endorsement
Guides and any equivalent rules in every jurisdiction where your
audience is located.
6. Lawful Conduct; Anti-Fraud
You will comply with all applicable federal, state, local, and
international laws and regulations, including (without limitation)
anti-spam laws (CAN-SPAM, CASL, GDPR, ePrivacy), consumer protection
statutes, advertising disclosure rules, securities laws, export
controls, sanctions laws, and intellectual property rights. You will not
engage in spam, unsolicited bulk messaging, scraping, account takeover,
fraudulent clicks, cookie stuffing, self-referrals, identity misuse,
AI-generated impersonation, deepfakes purporting to show Elev-8 Labs
personnel or products, or any other practice designed to deceive,
inflate, or manipulate Program metrics.
7. Commissions, Payouts, and Withholding Rights
Commission rates and the payout schedule are as posted on the Partner
Program page and may be updated at any time at Elev-8 Labs’ sole
discretion. Earned commissions are subject to chargebacks, returns,
refunds, and fraud reviews. Elev-8 Labs may withhold, delay, offset,
claw back, forfeit, or refuse to pay any earned but unpaid commission,
in whole or in part, at its sole discretion, including (but not limited
to) cases where Elev-8 Labs has a good-faith belief that you have
breached these Terms, manipulated the Program, engaged in fraud,
generated suspicious activity, or where withholding is necessary to
comply with law, tax obligations, court order, or third-party demand.
Withheld commissions may be permanently forfeited. You waive any right
to demand payment on a fixed schedule and acknowledge that Elev-8 Labs’
payment obligations are conditional on ongoing program compliance. Tax
responsibility. You are solely responsible for all federal, state,
local, and foreign taxes, duties, levies, withholdings, social-security
contributions, and similar charges arising from any commission or other
amount paid to you under the Program. Elev-8 Labs has no obligation to
advise you on tax matters, no obligation to gross-up or reimburse you
for any tax liability, and no obligation to file or pay taxes on your
behalf except as expressly required by law (for example, issuing IRS
Form 1099-NEC or equivalent informational filings). You will keep your
tax forms (W-9, W-8BEN, W-8BEN-E, or equivalent) accurate and current.
KYC, sanctions, and AML processing are a federal legal requirement.
Before any payout can be released, our third-party payment processor is
required by U.S. federal law (including the Bank Secrecy Act, USA
PATRIOT Act, OFAC sanctions regulations, and IRS reporting rules) and
applicable foreign law to verify your identity (KYC), screen you against
sanctions lists (OFAC SDN, U.S. Treasury, and equivalent international
watchlists), perform anti-money-laundering (AML) review, and collect and
validate an applicable tax form. If you fail any portion of this
processing — for any reason, including inaccurate submitted information,
identity verification failure, sanctions-list hits, incomplete or
invalid tax forms, prohibited jurisdiction, or processor decision —
Elev-8 Labs is legally prohibited from paying you, and your unpaid
commissions will be held until the issue is resolved or, if not resolved
within a reasonable time as determined by Elev-8 Labs, may be forfeited.
Elev-8 Labs has no liability for any delay, denial, withholding,
forfeiture, or non-payment of commissions arising from your failure to
pass processing or from any compliance action our payment processor
takes. This processing requirement cannot be waived, overridden, or
worked around.
8. Strike System and Fairness
Elev-8 Labs may issue strikes for violations of these Terms. Each strike
has a stated reason, a category, a severity (warning, strike, or final),
and a status (active, appealed, or resolved). The default thresholds and
protections are: Notification. Elev-8 Labs will use commercially
reasonable efforts to notify you by email of any strike within 24 hours
of issuance, including the reason and appeal instructions. By
participating in the Partner Program, you also consent to receive
transactional SMS messages at the mobile number associated with your
account regarding compliance actions (strikes, suspensions, appeal
status) and payout events (payout submitted, completed, or failed).
Message and data rates may apply. SMS frequency is event-driven and low
(typically less than one per month). Reply STOP to opt out of SMS; you
will continue to receive equivalent notices by email. Opting out of SMS
does not exempt you from compliance with the Partner Program Terms.
Warning vs. Strike vs. Final. For minor, first-time, cureable
violations, Elev-8 Labs may issue a “warning” that does NOT count toward
the suspension threshold. “Strike” severity counts toward the threshold.
“Final” severity triggers immediate suspension regardless of count and
is reserved for serious violations such as fraud, repeated medical
claims, or willful misconduct. Rolling expiry. Active strikes older than
365 days from issuance automatically stop counting toward the suspension
threshold (the underlying record is retained for audit). Appeals. You
may appeal any strike within 30 days of issuance by contacting
Support@Elev-8Labs.com with the strike ID and your written response.
Appealed strikes pause counting toward the threshold while under review.
Threshold. Three (3) counting strikes automatically suspend your
account. The above are non-binding guidelines. You acknowledge and agree
that Elev-8 Labs retains sole discretion under Section 9 to issue,
modify, skip, or escalate strikes, to deviate from these defaults, and
to suspend or terminate your account immediately without prior notice,
without opportunity to cure, and without observing the strike sequence.
Nothing in this Section creates a contractual right to a specific
enforcement process.
9. Sole-Discretion Enforcement; At-Will Termination
You expressly acknowledge and agree that Elev-8 Labs may, at its sole
and absolute discretion, at any time, with or without cause, and with or
without prior notice: Terminate this agreement and your participation in
the Program for any reason or no reason; Suspend, restrict, modify, or
close your partner account; Deactivate your referral code, revoke your
license to use Elev-8 Labs’ brand assets, and require removal of any
content referencing Elev-8 Labs; Withhold, delay, offset, claw back,
forfeit, or refuse to pay any earned but unpaid commissions, in whole or
in part, with or without explanation; Choose the type, severity,
sequence, combination, and timing of any enforcement action, including
warnings, strikes, payout holds, account suspension, or termination;
Interpret and apply these Terms in the manner Elev-8 Labs determines is
appropriate; Decline to enter into or renew the Program relationship
with any person, with or without reason. You waive any claim that Elev-8
Labs must follow a specific process, sequence, standard of proof, or
notice period before exercising any of the foregoing rights, except as
required by applicable non-waivable law. No course of dealing, custom,
or prior leniency by Elev-8 Labs shall constitute a waiver of these
rights. Termination by Elev-8 Labs shall not give rise to any liability
or damages of any kind, and you release Elev-8 Labs from any such claim.
10. Audit, Investigation, and Cooperation
Elev-8 Labs may, at any time and at its discretion, review, audit,
monitor, archive, or investigate your content, communications, click
sources, referred orders, payment behavior, identity, and tax
information for compliance with these Terms or applicable law. You agree
to cooperate in good faith with any such review, including providing
records, taking down content within 24 hours of request, and responding
to written inquiries. Failure to cooperate is itself a material breach
and grounds for immediate suspension or termination.
11. Confidentiality
Non-public information you receive about the Program (including
commission structures, payout volumes, conversion data, roadmaps,
business plans, internal communications, this T&C version history, and
any beta features) is Confidential Information. You will not disclose
Confidential Information to any third party or use it other than to
perform under these Terms, both during and after your participation.
This obligation survives termination indefinitely.
12. Indemnification
You agree to defend, indemnify, and hold harmless Elev-8 Labs, its
affiliates, parents, subsidiaries, officers, directors, employees,
agents, and contractors from and against all third-party claims,
regulatory actions, damages, losses, liabilities, fines, costs, and
expenses (including reasonable attorneys’ fees and costs of defense)
arising out of or relating to: (a) your content; (b) your acts or
omissions; (c) your breach of these Terms or any representation,
warranty, or covenant herein; (d) your violation of any law or
third-party right (including IP, privacy, publicity, or contract
rights); or (e) your relationship with any referred customer. Elev-8
Labs may elect to assume the defense of any matter, in which case you
will cooperate at your expense and will not settle any claim without
Elev-8 Labs’ prior written consent.
13. Disclaimers; Limitation of Liability
The Program is provided “AS IS” and “AS AVAILABLE.” Elev-8 Labs
disclaims all warranties, express, implied, statutory, or otherwise,
including any warranties of merchantability, fitness for a particular
purpose, non-infringement, accuracy, uptime, or that the Program will be
uninterrupted, error-free, or profitable. To the maximum extent
permitted by law, in no event shall Elev-8 Labs be liable for any
indirect, incidental, special, consequential, exemplary, or punitive
damages, or for any loss of profits, revenues, data, business
opportunities, or goodwill, whether arising from contract, tort
(including negligence), strict liability, statute, or otherwise, even if
Elev-8 Labs has been advised of the possibility of such damages. Elev-8
Labs’ aggregate liability under or relating to these Terms is limited to
the lesser of (a) the total commissions actually paid to you by Elev-8
Labs in the six (6) months preceding the claim, or (b) one thousand U.S.
dollars ($1,000).
14. Arbitration; Class-Action Waiver
READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS. Any dispute,
claim, or controversy arising out of or relating to these Terms or the
Program (a “Dispute”), other than a Dispute concerning intellectual
property or injunctive relief, shall be resolved exclusively through
final and binding individual arbitration administered by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules, in
Wilmington, Delaware or by video conference. The arbitrator’s decision
is final and judgment may be entered in any court of competent
jurisdiction. You waive any right to participate in any class action,
class-wide arbitration, private attorney general action, or other
representative proceeding with respect to a Dispute. The arbitrator may
not consolidate claims or preside over any form of class proceeding. If
this class-action waiver is found unenforceable, the entirety of this
Section 14 shall be null and void, and the Dispute shall be litigated in
the state or federal courts located in Wilmington, Delaware, and you
irrevocably consent to personal jurisdiction there. You may opt out of
arbitration within 30 days of first accepting these Terms by sending
written notice to Support@Elev-8Labs.com including your full name and
account email.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, without
regard to its conflict-of-laws principles. The United Nations Convention
on Contracts for the International Sale of Goods does not apply.
16.Future Modifications; Electronic Acceptance
Elev-8 Labs may modify these Terms at any time. Modifications take
effect upon posting an updated version with a new effective date.
Material modifications will be flagged in your partner dashboard and may
require a fresh click-wrap acknowledgement before continued payouts.
Your continued participation in the Program after the effective date of
any update constitutes binding acceptance of the update, regardless of
whether you have re-acknowledged the specific revision. Failure to
acknowledge a required revision does not give rise to any claim against
Elev-8 Labs; it only pauses your participation and payouts until you
act. You consent to electronic records and signatures pursuant to the
U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN),
the Uniform Electronic Transactions Act (UETA), and any equivalent local
law. You agree that click-wrap acceptance through your partner
dashboard, including any future re-acknowledgement prompt, constitutes a
legally binding signature with the same force as a handwritten
signature.
17. Notice
All notices to you under these Terms may be delivered by Elev-8 Labs via
email to your address of record, by posting in your partner dashboard,
or by any other reasonable means. Notice is deemed received within 24
hours of being sent or posted. Notices to Elev-8 Labs must be sent to
Support@Elev-8Labs.com.
18. Survival; Severability; Waiver; Assignment
Survival. Sections 2, 4, 6, 7, 9–14, 16, and 18 survive any termination
or expiration. Severability. If any provision of these Terms is held
invalid or unenforceable, the remaining provisions remain in full force
and effect. Waiver. No failure or delay by Elev-8 Labs in exercising any
right or remedy shall operate as a waiver. Assignment. Elev-8 Labs may
freely assign these Terms, in whole or in part, to any affiliate or
successor in interest. You may not assign these Terms without Elev-8
Labs’ prior written consent; any prohibited assignment is void. Force
Majeure. Elev-8 Labs is not liable for any delay or failure to perform
caused by events outside its reasonable control, including acts of God,
war, terrorism, pandemic, civil unrest, labor disputes, internet
outages, payment processor failures, or government action. No
Third-Party Beneficiaries. These Terms do not confer any rights on any
person other than the parties. Headings. Section headings are for
convenience only and do not affect interpretation. Entire Agreement.
These Terms (together with the on-file acknowledgements and any policies
linked from here) constitute the entire agreement between you and Elev-8
Labs regarding the Program and supersede all prior oral or written
agreements, representations, or understandings.
19. Contact
Questions about these Terms or the Program: Support@Elev-8Labs.com.
