Affiliate Program Agreement
The terms of our affiliate programme — please read before applying
This Affiliate Program Agreement (“Agreement”) is entered into between Bayoupep USA LLC, trading as BAYOUPEP USA (“we”, “us”, “the Company”), and the individual or entity applying to participate in our affiliate programme (“you”, “the Affiliate”).
1. Acceptance and approval
By submitting an affiliate application you confirm that you have read, understood and agree to this Agreement and to the BAYOUPEP USA Affiliate Marketing Rules, which form part of it.
Submitting an application does not make you an affiliate. Every application is reviewed manually and we may approve or decline any application at our sole discretion, without being required to give a reason. You may not promote BAYOUPEP USA, use any referral link, or describe yourself as an affiliate until you have received written confirmation that your application has been approved.
2. Eligibility
To participate you must be at least 18 years old and legally able to enter into a binding contract in your jurisdiction. You are responsible for ensuring that your participation complies with all laws and regulations that apply to you.
3. Commission
We will pay you a commission of 15% of the product subtotal after discounts, excluding shipping, taxes and fees on each qualifying sale generated through your approved referral link or your assigned discount code.
A sale is qualifying only where all of the following are true:
- the order was placed through your approved referral link or assigned code.
- the order is a retail order — wholesale orders do not earn commission.
- the order has been paid in full and the payment has cleared.
- the order has not been refunded, cancelled, charged back or reversed. and
- the order is not the subject of suspected fraud or a breach of this Agreement.
Referral attribution is recorded for 30 days from the referred visitor’s first tracked visit. Where more than one affiliate could claim the same order, attribution is determined by our tracking records, and our determination is final.
4. Sales that do not earn commission
No commission is payable, and any commission already recorded will be reversed, on any order that is refunded, cancelled, charged back, unpaid, fraudulent, or placed in breach of this Agreement or the Marketing Rules. Reversal happens automatically when an order changes status.
You may not earn commission on your own purchases, or on purchases made by any person or entity acting on your behalf or under your control.
5. Payment
Commission accrues to your affiliate account and becomes available for payout once your balance reaches the minimum payout threshold of $50 and the applicable holding period of 30 days has passed. The holding period allows time for refunds, chargebacks and returns to settle.
Payouts are reviewed and processed monthly, on the 15th of each month, by manual payment, following your request through the affiliate dashboard.
You are solely responsible for all taxes arising from any commission you receive, and for providing any tax or payment information we reasonably require in order to pay you. We may withhold payment where required by law or where that information has not been provided.
6. Research-use-only products
You acknowledge that the products sold by BAYOUPEP USA are supplied strictly for laboratory and research purposes. You must not promote, describe, imply or suggest that any product is suitable for human or animal consumption or for personal use, and you must not make any medical, therapeutic, diagnostic, curative or performance claim about any product.
This clause is fundamental to this Agreement. Any breach of it may result in immediate termination and forfeiture of unpaid commission.
7. Use of our brand
While approved, you may use our name, logo and approved marketing materials solely to promote BAYOUPEP USA in accordance with the Marketing Rules. This permission is non-exclusive, non-transferable and revocable at any time. You may not register or use any domain name, social media handle, business name or trade mark that includes or is confusingly similar to our brand.
8. Independent parties
You are an independent contractor. Nothing in this Agreement creates any employment, partnership, joint venture or agency relationship. You have no authority to make any statement, representation, commitment or warranty on our behalf.
9. Term and termination
Either party may terminate this Agreement at any time, for any reason, with immediate effect. On termination your referral links and codes will stop earning commission and your right to use our brand ends immediately.
Where termination follows a breach of this Agreement or the Marketing Rules, we may withhold any commission that is unpaid at the time of termination. Otherwise, commission properly earned before termination remains payable subject to the ordinary payout conditions.
10. Changes
We may amend this Agreement, the Marketing Rules, the commission rate and the payout terms at any time. We will give reasonable notice of material changes. Continuing to promote BAYOUPEP USA after a change takes effect means you accept it.
11. Liability
To the fullest extent permitted by law, our total liability to you in connection with the affiliate programme is limited to the amount of commission properly payable to you in the 12 months preceding the event giving rise to the claim. We are not liable for indirect or consequential loss, or for loss of profit, revenue or opportunity.
You agree to indemnify us against any claim, loss or expense arising from your promotional activity, your breach of this Agreement, or your breach of any applicable law.
12. Governing law
This Agreement is governed by the laws of the State of Texas, United States, and the state and federal courts located in the State of Texas have exclusive jurisdiction over any dispute arising from it.