Terms & Conditions

By signing up to be an affiliate in the The Message Bottle Co Partner Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between The Message Bottle Co (“The Message Bottle Co”, “we”, “us”) and You (the “Affiliate”, “you”). We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: messagebottleco.com/pages/affiliate-partner-terms. Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

1.  Account Registration & Terms:

You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”).

Each account is for use by a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you. You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. Eligibility

Affiliates must be at least 18 years old and have a valid website, social media account, or marketing platform suitable for promoting Message Bottle Co. We reserve the right to approve or reject any application at our discretion. Participation in the Program is subject to approval by Message Bottle Co. We may accept or reject any application at our sole discretion. Acceptance may be withdrawn at any time.

3. Non-Exclusivity:

Participation in the Program is non-exclusive. Affiliates may promote other products or services, and Message Bottle Co. may work with other affiliates concurrently.

4. Referral Links & Promotion:

Once you have signed up for the Program, you will be provided with a unique referral URL that must be used to identify you when placing links from your site, email, or other communications to The Message Bottle Co website. You are responsible for ensuring that each such link is correctly formatted.

You are solely responsible for the development, operation,
and maintenance of your site and for all materials that appear on it.

You may not use our name or graphics in any bulk or unsolicited email without our prior written consent. We may terminate this Agreement if meaningful spam complaints naming us or our services result from your marketing activities.

You may not issue any press release regarding this Agreement or your participation in the Program. You may not misrepresent or embellish the relationship between us, claim you develop our Services, claim you are part of The Message Bottle Co, or imply any partnership or official relationship except as expressly permitted by this Agreement.

5. Approved Promotional Methods:

Affiliates may promote The Message Bottle Co through:

•  Social media posts

•  Blogs or websites

•  Email marketing to opted-in audiences

•  Other ethical and transparent marketing methods

All promotions must accurately represent our products, pricing, and brand.

6. Prohibited Activities:

Affiliates may not:

•  Use spam, unsolicited emails, or deceptive messaging

•   Make false or misleading claims about products or pricing

•   Impersonate The Message Bottle Co or claim official representation

•   Bid on our brand name or close variations in paid advertising without approval

•   Use unauthorized coupon codes or incentives

•   Alter logos, artwork, or brand assets without permission

•   Engage in any activity that interferes with tracking or reporting of referral links

Violation of this section may result in suspension or termination from the Program and forfeiture of unpaid commissions.

7. FTC Disclosure:

Affiliates must clearly disclose their affiliate relationship in accordance with FTC guidelines. Disclosures must be visible and understandable (e.g., “I may earn a commission from this link”).

8. Brand Assets & Intellectual Property:

Message Bottle Co. retains all rights, title, and interest in its brand, trademarks, logos, product names, designs, artwork, and other proprietary materials (“Brand Assets”). Affiliates are granted a limited, non-exclusive, revocable license to use Brand Assets solely for the purpose of promoting Message Bottle Co. in accordance with this Agreement. No additional licenses are required from affiliates.

Affiliates may:

•    Use approved product images and assets provided by Message Bottle Co.

•    Add original graphics, text, animations, or creative elements in their own voice, provided the resulting content does not misrepresent Message Bottle Co. products, pricing, policies, or brand

Affiliates may not:

•    Claim ownership of Brand Assets

•    Register domains, social handles, or ad accounts using the Message Bottle Co. name or confusingly similar variations

•    Alter Brand Assets in a misleading, damaging, or inappropriate way

•    Use Brand Assets in connection with unlawful, deceptive, or inappropriate content

Unauthorized or improper use of Brand Assets may result in removal from the Program, forfeiture of unpaid commissions, and potential legal action. Any content created by affiliates remains the property of the affiliate, subject to the license granted to Message Bottle Co.

By submitting any user-generated content (UGC) to The Message Bottle Co, including through any upload forms, links, or direct submissions, you represent and warrant that: (i) the UGC is your original work, (ii) you own or control all rights to it (including copyrights, trademarks, and other intellectual property rights), (iii) it does not infringe any third-party rights, and (iv) you grant us a perpetual, royalty-free, worldwide license to use, reproduce, modify, distribute, and display the UGC for any purpose related to our business. You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses (including reasonable attorneys' fees) arising from any breach of these representations or any third-party claims related to your submitted UGC.

9. Commissions & Payment

Commission Eligibility: Affiliates earn commissions only on completed, qualifying sales generated through their referral link or tracking code. Self-purchases or purchases for friends or family qualify. Refunds, cancellations, chargebacks, or invalid transactions do not.

Commission Rates: Affiliates in the Partner Program will earn commissions based on the type of Message Bottle sold through their referral link or tracking code:

• 30% per Message Bottle sold in a Standard Box
• 30% per Message Bottle sold in a Premium Box

Tracking: Commission is tracked for 30 days from the initial referral.

Payment: Commissions are tracked monthly and paid 20 days after month-end once the minimum payout of $30.00 is reached. Earnings below the threshold roll over to the next month. Affiliates may request a payout at any time; pending verification and processing time, commissions may be released sooner. Payments are made via PayPal.

Payment & Tax Information: Affiliates must provide valid tax information (e.g., W-9 for U.S., W-8BEN for non-U.S.) and PayPal details before any payouts can be issued.

A summary of sign ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account.

The referral fee structure is subject to change at our discretion.

We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.

We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions.

10.  Pricing & Availability:

We will determine the prices to be charged for products and services sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your site, you should not
display services prices on your site We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. Affiliates should not post product prices publicly to avoid potential customer confusion or complaints.

11. Copyrighted and Trademarked material:

You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. The Message Bottle Co will not be responsible if you use another party's copyrighted or trademarked material
in violation of the law.

12. Term of the Agreement and Program:

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. The Message Bottle Co reserves the right to end the Program at any time. Upon Program termination, The Message Bottle Co will pay any legitimate outstanding earnings.

13. Termination:

The Message Bottle Co, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other The Message Bottle Co service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. The Message Bottle Co reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the The Message Bottle Co website and all our images and other materials provided under the Program

14. Relationship of Parties:

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

15. Limitations of Liability:

The Company and any of the Company's officers, directors, employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.

Nothing in this legal notice shall exclude or limit the Company's liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.

16. Modifications:

Message Bottle Co. may update or modify this Agreement at any time. Continued participation constitutes acceptance of updated terms.

17. Events out of our control (aka Force Majeure):

We are not responsible for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, labor disputes, power or internet outages, or carrier and shipping disruptions.

18. Notice:

All notices given by you to us must be given to The Message Bottle Co at affiliate@messagebottleco.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

19. Waiver:

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

20. Severability:

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire agreement:

These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

22.  Governing Law & Dispute Resolution:

Before initiating arbitration or any legal proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good-faith negotiation. If the parties are unable to resolve the dispute within 30 days, the dispute will proceed to binding arbitration as described below. This Agreement is governed by the laws of the State of Connecticut, without regard to conflict-of-laws principles. Any dispute arising from or relating to this Agreement will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Connecticut, and the arbitrator’s award may be entered in any court with jurisdiction. Nothing prevents Message Bottle Co. from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the parties’ original intent.