BirdFly Media Affiliate Program Agreement
Last Updated: October 5, 2026

This Affiliate Program Agreement (“Agreement”) governs participation in the BirdFly Media Affiliate Program (“Program”).

The Program is operated by BirdFly Media (“BirdFly Media,” “we,” “us,” or “our”), a business based in the United States. The Program allows approved participants (“Affiliate,” “you,” or “your”) to promote eligible BirdFly Media products and receive commissions on qualifying purchases made through approved affiliate links or codes.

By applying to or participating in the Program, you agree to this Agreement, BirdFly Media’s Privacy Policy, and BirdFly Media’s Terms of Service.

If you do not agree to this Agreement, do not apply to or participate in the Program.

1. Eligibility

To participate, you must:

• Be at least 18 years old or the age of legal majority where you live;

• Provide accurate and complete application information;

• Have an active email address;

• Operate your promotional channels lawfully;

• Comply with this Agreement and all applicable laws, rules, and regulations;

• Have authority to enter into this Agreement; and

• Not be prohibited from participating in affiliate or commission-based marketing under applicable law or another agreement.

BirdFly Media may approve or reject any application in its discretion. Approval does not guarantee that you will earn commissions.

If you are a BirdFly Media employee, contractor, vendor, or other service provider, your participation is subject to any additional agreement or workplace policy that applies to you.

2. Enrollment and Affiliate Account

To apply, you must submit the information requested at BirdFlyMedia.com/share.

You agree to keep your account information accurate and current. We may request additional information to verify your identity, tax status, payment information, promotional methods, or compliance with this Agreement.

You are responsible for maintaining the security of your affiliate account, links, codes, login credentials, and payment information. Notify us promptly at THF@BirdFlyMedia.com if you suspect unauthorized access or activity.

You may not create multiple accounts without our written permission.

3. Affiliate Links and Promotional Codes

After approval, BirdFly Media may provide you with:

• Personalized affiliate links;

• Promotional or discount codes;

• Approved product images, logos, descriptions, or other marketing materials; and

• Other promotional resources.

You may use these materials only to promote BirdFly Media products under this Agreement.

Affiliate links and promotional codes may be changed, suspended, or discontinued at any time. You may not alter, obscure, shorten, cloak, or redirect an affiliate link in a way that hides its destination or affiliate nature unless we approve the method in writing.

You may not use another Affiliate’s link or code, create fake orders, or arrange transactions intended primarily to generate commissions rather than genuine customer purchases.

4. Commission Structure

BirdFly Media will pay commissions according to the following terms:

• Commission rate: 10%

• Commissionable products: All Products (subject to change)

• Noncommissionable products: N/A (subject to change)

• Commission Lock Period: 31 days of qualifying purchase (limited by max return policy)

• Payment schedule: monthly (if Affiliate Tax Requirements Honored)

• Minimum payment threshold: $50

• Payment method: Check (subject to Automation)

• Payment currency: U.S. Dollars

Unless otherwise stated, commissions are calculated on the net product purchase price actually paid by the customer, excluding:

• Taxes;

• Shipping and handling;

• Discounts and coupons;

• Gift cards;

• Refunds and chargebacks;

• Canceled or fraudulent orders;

• Returned products;

• Payment-processing fees; and

• Other amounts that BirdFly Media identifies as noncommissionable.

Only one Affiliate may receive credit for a qualifying purchase. If more than one tracking method is involved, BirdFly Media will determine attribution using its tracking records and reasonable business judgment.

BirdFly Media’s tracking records control commission calculations absent a clear technical or accounting error.

5. Qualifying Purchases

A “Qualifying Purchase” is a purchase that:

1. Is made by a customer through your approved affiliate link or code;

2. Is completed through BirdFlyMedia.com or Subsidiary;

3. Is not made by you, your household member, or an entity you control, unless we approve otherwise in writing;

4. Is not canceled, returned, refunded, disputed, or subject to a chargeback;

5. Is not generated through fraud, misleading conduct, automated activity, or prohibited promotional methods; and

6. Complies with this Agreement and our Terms of Service.

A customer may use an affiliate link or code without becoming an Affiliate. Affiliates may not represent that they can guarantee a sale, discount, product availability, shipping time, refund, or customer-service outcome.

6. Returns, Refunds, and Chargebacks

Commissions are not earned until the applicable return, cancellation, and chargeback lock period has passed.

If BirdFly Media pays a commission on a transaction that is later canceled, refunded, returned, disputed, or determined to be invalid, we may:

• Deduct the commission from future payments;

• Reverse the commission in the affiliate account;

• Withhold payment until the matter is resolved; or

• Require repayment of the commission.

7. Required Advertising Disclosures

You must clearly and conspicuously disclose your relationship with BirdFly Media whenever you promote or endorse BirdFly Media products and may receive a commission, free product, discount, payment, or other benefit.

The disclosure must appear near the endorsement or promotional message. It must not be hidden only in a profile, separate webpage, comment, hashtag list, or “more” section.

Acceptable examples include:

“I may earn a commission if you purchase through my link.”

“This post contains affiliate links. I may earn a commission from qualifying purchases.”

“Ad: I’m a BirdFly Media/Product affiliate, and I may earn a commission from purchases made through my link.”

A platform’s built-in paid-partnership label may be used, but you should also include a clear written disclosure when practical. The FTC states that material connections—including financial relationships, employment relationships, free products, and discounted products—must be disclosed clearly and conspicuously.

For video content, the disclosure should appear in the video itself and, where appropriate, in the description. For livestreams, repeat the disclosure periodically.

You may not use vague disclosures such as:

• “Thanks”

• “Collab”

• “Ambassador”

• “Sp”

• “Spon”

• An isolated brand tag

• A disclosure hidden among unrelated hashtags

The disclosure should use the same language as the endorsement and be understandable to ordinary viewers.

8. Honest Endorsements and Product Claims

You may promote only products you have actually researched, used, reviewed, or otherwise have a reasonable basis to discuss.

You must:

• Make truthful and non-misleading statements;

• Clearly distinguish personal opinions from objective claims;

• Avoid exaggerating product features, quality, availability, or benefits;

• Avoid making claims that BirdFly Media has not authorized;

• Avoid claiming that a product treats, cures, prevents, or diagnoses a medical condition;

• Avoid claiming that a product is “official,” “guaranteed,” “number one,” “limited,” or “best” unless BirdFly Media has authorized and substantiated the claim; and

• Correct or remove a material error promptly after learning of it.

You may not make claims that require scientific, technical, health, safety, or performance substantiation unless BirdFly Media has provided the substantiation and authorized the claim.

Paid endorsements must reflect your honest opinions, findings, beliefs, or experiences. The FTC prohibits deceptive endorsements and unsupported product claims.

9. Prohibited Promotional Methods

You may not promote BirdFly Media through:

• Spam or unsolicited commercial email;

• Unsolicited direct messages;

• Automated comments or bot activity;

• Fake accounts, fake reviews, or misleading testimonials;

• False scarcity or misleading urgency;

• Impersonation of BirdFly Media or another person;

• Misleading domains, subdomains, social-media handles, or usernames;

• Typosquatting or domains that are confusingly similar to BirdFly Media;

• Malware, spyware, adware, browser extensions, or forced clicks;

• Cookie stuffing or forced affiliate attribution;

• Traffic that does not result from a genuine user action;

• Misleading redirects or hidden affiliate links;

• Incentives that are not disclosed to the audience;

• Content that is hateful, threatening, defamatory, fraudulent, or unlawful;

• Pornographic or sexually explicit content;

• Content that exploits or targets children;

• Content that promotes illegal drugs, violence, terrorism, or criminal conduct;

• Content that infringes another person’s copyright, trademark, privacy, or publicity rights; or

• Any method that violates a platform’s rules or advertising policies.

You are responsible for the conduct of anyone acting on your behalf.

10. Search Advertising and Paid Promotion

Paid search, display advertising, social-media advertising, and other paid promotional campaigns are not-permitted.

You must obtain written approval before using:

• “BirdFly Media” or any BirdFly Media trademark as a keyword;

• BirdFly Media trademarks in an advertisement headline or display URL;

• Trademark variations, misspellings, or confusingly similar terms;

• A website that appears to be operated by BirdFly Media; or

• Brand-bidding or direct-linking campaigns.

Unless expressly approved in writing, Affiliates may not advertise in a way that competes with BirdFly Media’s own advertising, confuses customers, or causes a customer to believe the Affiliate is BirdFly Media.

11. Email, Text, and Direct Messaging

You must comply with applicable marketing, email, text-message, telemarketing, and privacy laws.

You may not send promotional messages on BirdFly Media’s behalf unless BirdFly Media has approved the content and method in writing.

You must:

• Obtain any consent required before sending marketing messages;

• Identify yourself accurately;

• Identify the commercial nature of the message;

• Provide an effective opt-out method;

• Honor opt-out requests promptly;

• Avoid purchased, scraped, or unlawfully obtained contact lists; and

• Retain records of consent where required.

You may not send text messages, automated calls, or prerecorded messages promoting BirdFly Media unless specifically authorized in writing and legally compliant.

12. Social-Media Requirements

You may promote BirdFly Media through social-media platforms only if your content complies with:

• This Agreement;

• The platform’s rules;

• Applicable advertising and consumer-protection laws;

• Required affiliate disclosures; and

• The platform’s branded-content and paid-partnership requirements.

Do not place a disclosure only in a comment or after a long block of text. A disclosure should be visible with the endorsement itself. Federal Trade Commission

13. Intellectual Property License

During your participation in the Program, BirdFly Media grants you a limited, nonexclusive, revocable, nontransferable, nonsublicensable license to use approved BirdFly Media logos, product images, links, trademarks, and promotional materials solely to promote BirdFly Media products under this Agreement.

You may not:

• Modify BirdFly Media logos or trademarks;

• Register or use BirdFly Media trademarks in domains, social handles, advertisements, or metadata without permission;

• Suggest that BirdFly Media sponsors or employs you beyond the affiliate relationship;

• Use BirdFly Media content for unrelated purposes; or

• Continue using BirdFly Media materials after termination.

All rights not expressly granted remain with BirdFly Media.

14. Customer Information and Privacy

You may not collect, store, sell, rent, transfer, or use customer Personal Information obtained through the Program except as expressly authorized by BirdFly Media and permitted by law.

You may not request or store customer passwords, complete payment-card numbers, government identification numbers, or other sensitive information.

You must maintain a privacy policy for your promotional channels if required by applicable law and must provide accurate notice about cookies, tracking technologies, affiliate links, and data collection.

BirdFly Media may process Affiliate account information, payment information, tax information, and performance information as described in the BirdFly Media Privacy Policy.

15. Taxes and Required Forms

Affiliate commissions are compensation for services or promotional activity and may be taxable income.

You are responsible for reporting and paying all taxes arising from your commissions. BirdFly Media will not withhold taxes unless required by law.

Before paying commissions or after $2,000 paid in a calendar year, BirdFly Media may require a completed Form W-9, Form W-8, or other tax documentation (1099-NEC). For International Affiliates, BirdFly Media will mandate the required documentation prior to payment of ALL commissions(W-8BEN)/(W-8BEN-E)(to be re-filed according to the required international time frame). We may withhold or delay payment if required documentation is missing, inaccurate, or incomplete.

Where required, BirdFly Media may report payments to the IRS and provide an applicable information return. Federal tax reporting requirements can depend on the amount paid, the recipient’s status, and the nature of the payments.

Participation in the Program does not create an employment relationship. Affiliates are responsible for their own expenses, taxes, insurance, licenses, permits, and legal compliance.

16. Independent Contractor Relationship

You are an independent contractor and not an employee, agent, partner, joint venturer, franchisee, or legal representative of BirdFly Media.

You may not:

• Bind BirdFly Media to any agreement;

• Make commitments on BirdFly Media’s behalf;

• Accept payments for BirdFly Media;

• Provide customer-service promises on BirdFly Media’s behalf; or

• Represent that you have authority to speak for BirdFly Media.

You control the manner and means of your promotional activities, subject to the restrictions in this Agreement and applicable law.

17. Monitoring and Compliance

BirdFly Media may review your websites, social-media accounts, advertisements, emails, messages, content, traffic sources, and promotional methods for compliance.

You agree to provide reasonable information requested by BirdFly Media concerning your promotional activities.

If we identify a possible violation, we may request that you edit, remove, or stop using specific content or promotional methods. You agree to act promptly.

BirdFly Media may suspend commissions or your affiliate account while investigating suspected misconduct.

Advertisers may be responsible for monitoring and addressing misleading affiliate content. The FTC recognizes that the appropriate level of monitoring depends on the circumstances, including the claims being made and the risks associated with the products.

18. Suspension and Termination

Either party may terminate the affiliate relationship at any time by written notice.

BirdFly Media may immediately suspend or terminate your account, withhold commissions, cancel tracking, or revoke your affiliate license if we believe you have:

• Violated this Agreement;

• Violated applicable law or platform rules;

• Used deceptive, fraudulent, or abusive methods;

• Made unsupported or misleading product claims;

• Failed to provide required disclosures;

• Generated invalid or fraudulent traffic;

• Created legal, financial, reputational, or security risk;

• Provided inaccurate information; or

• Engaged in conduct harmful to BirdFly Media or its customers.

After termination, you must immediately:

• Stop using affiliate links and codes;

• Stop representing that you are affiliated with BirdFly Media;

• Remove BirdFly Media promotional materials;

• Remove or correct content that falsely implies a continuing relationship; and

• Return or delete confidential information.

Unless commissions were withheld because of fraud, breach, invalid activity, or another lawful basis, BirdFly Media will pay approved and earned commissions that meet the payment threshold and applicable payment requirements.

19. Effect of Termination on Pending Commissions

Orders placed before termination may remain eligible for commissions if they otherwise qualify under this Agreement.

BirdFly Media may withhold or reverse commissions connected to transactions that are later returned, refunded, charged back, fraudulent, or otherwise invalid.

Termination does not eliminate obligations that by their nature should continue, including obligations concerning taxes, confidentiality, intellectual property, indemnification, dispute resolution, and limitations of liability.

20. Confidential Information

You may receive nonpublic information about BirdFly Media, products, prices, promotions, customers, sales, tracking, or business operations.

You must keep confidential information confidential and use it only to participate in the Program. You may not disclose it to another person except as required by law.

Confidential information does not include information that becomes public through no breach of this Agreement, was already lawfully known to you, or is independently developed without using BirdFly Media’s confidential information.

21. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BirdFly Media and its owners, officers, employees, contractors, agents, service providers, and affiliates from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your breach of this Agreement;

• Your promotional content or activities;

• Your violation of law or platform rules;

• Your failure to make required disclosures;

• Your product claims or representations;

• Your violation of another person’s rights;

• Your taxes, business obligations, or employment claims; or

• Fraud, negligence, or willful misconduct by you or someone acting on your behalf.

22. Disclaimers

The Program is provided on an “as available” basis.

BirdFly Media does not guarantee:

• That the Program will operate without interruption;

• That affiliate tracking will be error-free;

• That any particular commission or income will be earned;

• That customers will use your links or codes;

• That any product will remain available;

• That any commission rate or promotion will continue; or

• That the Program will be available in every location.

Nothing in this Agreement excludes or limits rights, warranties, or remedies that cannot lawfully be excluded or limited.

23. Limitation of Liability

To the fullest extent permitted by law, BirdFly Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, loss of goodwill, or business interruption arising from or related to the Program or this Agreement.

To the fullest extent permitted by law, BirdFly Media’s total liability arising from or related to the Program or this Agreement will not exceed the commissions paid or payable to you during the six months before the event giving rise to the claim, or $100, whichever is greater.

This limitation does not apply to liability that cannot lawfully be limited.

24. Dispute Resolution

Before filing a lawsuit or initiating arbitration, you agree to contact BirdFly Media at THF@BirdFlyMedia.com and give us at least 30 days to attempt to resolve the dispute informally.

Court proceedings

This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

Any legal action arising from or relating to this Agreement or the Program must be brought exclusively in the state or federal courts located in Mecklenburg/NC, and the parties consent to those courts’ jurisdiction and venue.

25. Severability

If any part of this Agreement is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

26. No Waiver

Our failure to enforce a provision of this Agreement does not waive our right to enforce that provision later.

27. Assignment

You may not assign or transfer this Agreement or your affiliate account without BirdFly Media’s prior written consent.

BirdFly Media may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.

28. Entire Agreement

This Agreement, the BirdFly Media Privacy Policy, the BirdFly Media Terms of Service, and any written commission schedule or program-specific terms constitute the entire agreement concerning your participation in the Program.

If this Agreement conflicts with a later written commission schedule, the later schedule controls only with respect to commission rates and payment terms.

29. Contact

Questions about the Affiliate Program may be sent to:

BirdFly Media
Website: https://BirdFlyMedia.com
Affiliate Program: https://BirdFlyMedia.com/share
Email: THF@BirdFlyMedia.com
United States

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