Legal
These terms govern your participation in the Luvaminos affiliate and referral program.
Please read carefully. This document contains a binding arbitration agreement and a class-action waiver that affect how disputes between you and Luvaminos LLC are resolved.
This is a template pending attorney review and is not legal advice.
To participate in the Luvaminos affiliate and referral program (the “Program”), you must be at least 21 years of age, reside in the United States, and have the legal authority to enter into this agreement. Luvaminos LLC may approve, deny, condition, or revoke any application at its sole discretion and without obligation to state a reason.
You participate as an independent contractor. Nothing in these terms creates an employment, agency, partnership, joint-venture, or franchise relationship between you and Luvaminos LLC. You have no authority to bind Luvaminos LLC, to incur any obligation on its behalf, or to make any representation, warranty, or guarantee on its behalf, and you must not hold yourself out as having any such authority.
Luvaminos LLC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the names, logos, and creative assets we expressly provide, solely to promote our products under the Program and only while these terms are in effect. You may not:
All goodwill arising from your use of the marks inures to Luvaminos LLC. Upon termination you must promptly cease all use of the marks and remove our assets from your channels.
You are solely responsible for all content you create, publish, or distribute in connection with the Program, including its compliance with all applicable laws. As an independent business, you decide how to present and describe the products to your own audience. Without limiting the foregoing, you must not:
You remain solely responsible for your content even where we have provided or approved assets, and you must promptly remove any unlawful or fraudulent content on our request.
You must comply with all applicable federal, state, and local laws and with the policies of every platform you use. You must not engage in any fraudulent, deceptive, or manipulative conduct. Luvaminos LLC may investigate suspected violations, withhold commissions pending investigation, and take any action it deems appropriate, including reporting unlawful activity to the relevant authorities.
Commission is credited to your account only when a buyer completes a purchase using the discount code assigned to you. We attribute a sale to you solely by that code — not by links, cookies, or any other signal — so a buyer must apply your code at checkout for the order to count.
Commission is calculated on the post-discount product subtotal of a qualifying order, excluding shipping, taxes, duties, surcharges, and any amount paid in store credit. Commission rates are as posted in your affiliate account and may change at any time on a prospective basis; the rate in effect when an order is placed governs that order.
Commission is earned only on orders that are completed, paid in full, and not cancelled, refunded, returned, or charged back. Self-referrals — orders you place yourself or through an account or household associated with you — earn no commission.
Your discount code also gives the buyer a discount on their order, as posted in your affiliate account. Only one discount code may be applied per order, and discount codes do not stack: a buyer cannot combine your code with another code, and applying a different code to an order means that order is not attributed to you.
Commission already credited remains subject to reversal. If an order is later refunded, returned, or charged back, or if we determine or reasonably suspect fraud or a violation of these terms, we may claw back, reverse, offset, or cancel the associated commission.
Clawbacks are applied against your commission balance, and your balance may become negative as a result. A negative balance is recovered from your future earnings before any further payout is made, and we may also recover it by other lawful means if your participation ends while the balance is negative.
Cash payout. You may request a cash payout once your available earned balance reaches a $50 minimum. Cash payouts are processed manually, on a monthly basis, on net-30 terms — that is, the earned balance for a given month is paid approximately 30 days after the close of that month, net of any reversals, clawbacks, and negative balance. Payouts are also subject to the verification and screening requirements described below.
Store-credit alternative. Instead of a cash payout, you may redeem an available balance as in-store credit at a bonus rate of TODO — bonus rate. Store credit may be used only toward purchases on our website, is not transferable, has no cash value, and is never redeemable for cash.
Only earned commission is ever cashable. Any promotional credit, bonus amount, or store-credit uplift is redeemable solely as store credit on our site and never for cash.
You are solely responsible for all taxes, levies, and duties arising from amounts you receive. You must provide accurate, current, and complete tax documentation (such as a Form W-9, W-8BEN, W-8BEN-E, or the applicable equivalent) before any payout. Luvaminos LLC issues informational filings, such as IRS Form 1099-NEC, where required by law, and has no obligation to provide tax advice or to gross up, adjust, or reimburse any payment for taxes or withholding.
Before any payout, federal law requires identity verification (“know your customer”) and screening for sanctions and anti-money-laundering purposes, including under the Bank Secrecy Act, the USA PATRIOT Act, the economic-sanctions programs administered by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) — including screening against the OFAC Specially Designated Nationals (SDN) List — and applicable IRS reporting rules. These checks are performed through our third-party payment processor, cannot be waived, and may require additional documentation. Luvaminos LLC has no liability for any delay, denial, forfeiture, or non-payment arising from failed, pending, or incomplete processing, screening, or verification.
We may operate a tiered enforcement framework intended to be fair and transparent. Where we take a compliance action, we will use commercially reasonable efforts to notify you by email within 24 hours, stating the reason for the action and how to appeal.
Counting strikes expire on a rolling 365-day basis. You have 30 days from notice to submit an appeal. Three counting strikes within the rolling period may result in suspension or termination. These tiers are non-binding internal guidelines, and Luvaminos LLC retains the sole-discretion override described in the Sole-Discretion Enforcement section at all times.
Transactional SMS consent. By participating, you consent to receive low-frequency, event-driven transactional text messages at the mobile number on file regarding compliance actions (strikes, suspensions, and appeal status) and payout events (submitted, completed, or failed). Message and data rates may apply. Reply STOP to opt out of these texts. Opting out of SMS does not exempt you from these terms; equivalent notices will continue by email.
Luvaminos LLC may modify, suspend, or terminate your participation in the Program at any time, with or without cause and with or without notice, at its sole discretion. Upon termination, your license to use the brand assets ends immediately and any unpaid commissions associated with fraudulent or ineligible activity may be withheld.
We may audit and investigate your participation, traffic sources, and content at any time. You agree to cooperate promptly and in good faith and to provide any records or information we reasonably request. Pending an investigation, we may suspend payouts and access.
You must keep confidential any non-public information you receive in connection with the Program — including rates, tooling, and unannounced plans — use it only to perform under these terms, and not disclose it to any third party without our prior written consent. This obligation survives termination.
You agree to indemnify, defend, and hold harmless Luvaminos LLC, its parent Overland Capitol LLC, their affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your content, your conduct, your use of the brand assets, or your breach of these terms or of any applicable law.
THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LUVAMINOS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, AND ITS TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE LESSER OF THE COMMISSIONS PAID TO YOU IN THE PRIOR SIX MONTHS OR $1,000.
Any dispute arising out of or relating to the Program or these terms shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, seated in Albuquerque, New Mexico. Disputes are resolved on an individual basis only; you and Luvaminos LLC each waive any right to participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any such action. You may opt out of this arbitration provision within 30 days of first accepting these terms by writing to [email protected]; opting out will not affect any other provision.
These terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles. Subject to the Arbitration and Class-Action Waiver section, the state and federal courts located in Albuquerque, New Mexico have exclusive jurisdiction over any matter not subject to arbitration.
We may modify these terms at any time; changes are effective when posted, unless a later effective date is stated. Your continued participation in the Program after changes are posted constitutes your electronic acceptance of the updated terms. If you do not agree, you must stop participating.
Questions about the Program may be sent to [email protected] or [email protected].