Affiliate Program Terms and Conditions

PLEASE READ THE FOLLOWING AFFILIATE PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN MY CIGAR PACK’S AFFILIATE PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROGRAM TERMS AND CONDITIONS.

Overview:

MY CIGAR PACK, LLC (“MY CIGAR PACK”, “MCP”, “We”, “Us”, “Our”) is offering you (“Referrer” or “You”) the opportunity to participate in the My Cigar Pack Affiliate Program (“Commission Program” or “Program”), offered on the website www.affiliate.mycigarpack.com/partner/signin (the “Website”), which allows You to earn commission payments for referring new customers to My Cigar Pack in accordance with these Program terms and conditions (“Affiliate Program Terms” or “Terms”). By participating in this Affiliate Program, You acknowledge that You are bound by and agree to the Commission Program Terms, as well as the additional terms, conditions and policies incorporated by reference herein and available by hyperlink, including but not limited to, My Cigar Pack’s Website Terms of Use and Privacy Policy.

You can review the current version of the Affiliate Program Terms at any time on this Website. The Terms set forth how the Program works, Restrictions, Referral rules and what Commissions you may be able to receive by making a valid referral. My Cigar Pack reserves the right to update, change, replace and/or terminate any part of these Affiliate Program Terms at any time and for any reason. Any updates and/or changes to the Terms will be posted to Our Website.

No part of the Program is directed to persons under the age of 21. IF YOU ARE UNDER 21 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

1. Binding Agreement:

By using the Website or participating in the Program, You are bound by these Terms and indicate Your agreement to them. The Program is administered by My Cigar Pack. All of My Cigar Pack’s decisions with respect to the Program are final and binding.

2. Your Data Privacy; No Financial Incentive for Use of Your Personal Information:

The personal information collected, processed and used as part of the Program will be used in accordance with My Cigar Pack’s Privacy Policy. If You would like to participate in the Affiliate Program, My Cigar Pack needs to collect your personal information in order to communicate with you, track which of our new customers were referred by you, to make commission payments to you and to perform related tasks in connection with the administration of the Affiliate Program. Please note that My Cigar Pack does not provide any financial incentives to you for the collection, retention, or sharing of personal information. You can also opt out from participation in the Affiliate Program and ask us to delete your personal information at any time by emailing us at: marketing@mycigarpack.com.

By participating in the Affiliate Program, You agree to receive certain electronic communications from My Cigar Pack, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that My Cigar Pack sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. How the Affiliate Program Works

Participation:

1. To participate in the Affiliate Program, Referrer should visit the Website and follow the on-screen instructions to invite New Customer(s) to sign up to receive notifications from My Cigar Pack and/or purchase subscription product(s) offered by My Cigar Pack. “New Customer(s)” means any person or business that has not previously signed up to receive notifications from My Cigar Pack or has not previously purchased subscription products offered by My Cigar Pack.
2. As long as the Referrer fully complies with these Terms, such Referrer is eligible to receive commission payments calculated in the manner set forth below.
3. My Cigar Pack will not communicate or collect personal information on New Customer(s) unless and until such New Customer(s) sign(s) up to receive communications from My Cigar Pack, interacts with My Cigar Pack’s website, or makes a purchase from My Cigar Pack.
4. Referrers are prohibited from providing any personal information of New Customer(s) to My Cigar Pack directly.

Referrer Eligibility:

1. Create an account or have an existing account on the Website and verify your identity through the Website.
2. Be a legal resident of the United States of America; and
3. Be at least twenty-one (21) years of age or the age of majority in the jurisdiction in which you reside, and otherwise be legally capable to agree to and be bound by the Affiliate Program Terms.
4. Employees of My Cigar Pack or any of its or their subsidiaries, or promotional agencies are not eligible to participate in the Affiliate Program.
5. My Cigar Pack reserves the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any Endorsement Guide disclosures as required by the Federal Trade Commission or otherwise required by My Cigar Pack).

Making a Referral:

1. REFERRAL LINK: Referrer may provide New Customer(s), by any suitable form of communication, a referral link that is unique and specific to the Referrer (“Referral Link”). The Referral Link is generated pursuant to the Affiliate Program Terms and can be found in the affiliate dashboard via Referrer’s profile on the Website.
2. EMBEDDED CODE: Referrer may copy and paste an embed code into their website, social media profile or other web-based platforms (to the extent permitted by the social media or other platform) to generate an ad (the “Affiliate Ad”) that may include, but is not limited to, a banner graphic, a linked image, an interactive button, or the like. The code associated with the Affiliate Ad is unique and specific to the Referrer and can be found in the Affiliate Dashboard.

Commission Payments:

1. PERCENTAGE OF SALES: Referrer will receive a predetermined percentage of the sale(s) made by My Cigar Pack to New Customer(s) during a period of one (1) year from the date New Customer is first tracked by My Cigar Pack as being referred by Referrer: (i) via Referral Link, Referral Ad or Referrer’s Public Profile; or (ii) after New Customer signs up for an account. The predetermined percentage is based on such factors as product type(s), and value of the sale(s).
2. Purchases made by New Customers using any other promotion(s) will not qualify for Commission Payments.
3. No Commissions Payments may be earned on the orders returned by the New Customer.
4. Commission Payments will be made no later than 60 days after the expiration of the returns period on the orders made by the New Customer. Commission Payments will be made on a quarterly basis directly to Referrer’s account accessible through the Affiliate Dashboard.
5. Referrer may subsequently redeem Affiliate Payments in their account as store credit to make purchases on My Cigar Pack’s website. No minimums apply and Affiliate Payments may be redeemed for store credit at any time.
6. Alternatively, Referrer may subsequently withdraw Affiliate Payments from their account. The minimum balance in the Referrer’s account at the time of such withdrawal must be $100.
7. No Affiliate Payments will be earned by or made to Referrer if they are determined to be in breach of any of the Affiliate Program Terms or complaints are made regarding the Referrer’s conduct in relation to spam or other inappropriate or suspicious activities.

Restrictions:

1. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with My Cigar Pack in order to participate in the Program as a New Customer.
2. Referrer agrees not to use the Affiliate Program to: (1) violate any laws; (2) stalk, harass, or harm any individuals, entities or property, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program; (3) collect or store personal data about New Customer(s); (4) impersonate any person or otherwise misrepresent Referrer’s identity and relationship with My Cigar Pack; (5) impede another Referrer’s use of the Commission Program; (6) attempt to gain unauthorized access to the Affiliate Program or other Referrer’s Public Profile, Affiliate Dashboard, computer systems, or networks connected to the Affiliate Program; (7) transmit any file that contains contaminating or destructive features (e.g., viruses, worms, trojan horses, etc.); (8) conduct or solicit the performance of any illegal activities; (9) tamper with the Program, (10) act in an unfair or disruptive manner, or (11) use any system, bot or other device or artifice to participate or receive any benefit in the Program. Referrer understands and agrees the restrictive or prohibitive list in this section are not exhaustive. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MY CIGAR PACK RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
3. In the event that a Referrer engages with the Affiliate Program in violation of the Affiliate Program Terms, My Cigar Pack’s Website Terms of Use or My Cigar Pack’s Privacy Policy, My Cigar Pack reserves the right to cancel, change, or suspend the Affiliate Program and/or to prohibit any Referrer from participating in any aspect of the Affiliate Program.
4. My Cigar Pack shall possess sole authority in determining cases related to suspected abuse, fraud, or breach of the Affiliate Program Terms or intent of the Affiliate Program Terms.
5. MyCigarPack works only with referrers whose offices, facilities, operations, employees, and agents are located in only the following states (the “APPROVED STATES”): AK, AL, AR, AZ, CO, CT, DC, DE, FL, GA, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MN, MO, MS, MT, ND, NE, NH, NC, NJ, NM, NV, OH, OK, OR, PA, RI, SC, SD, TN, TX, VA, VT, WA, WV, WI, WY. MyCigarPack does not authorize you or your employees or agents to conduct any publishing or solicitation activities on its behalf that target consumers in any of the following states (the “UNAPPROVED STATES”): CA, HI, LA, NY, UT.
6. You hereby agree and certify that: (1) your offices, facilities, employees, or agents are located in only the APPROVED STATES; (2) you have no offices, facilities, employees, or agents located in any of the UNAPPROVED STATES; and (3) you will not conduct any publishing or solicitation activities on MyCigarPack’s behalf that target consumers in any of the UNAPPROVED STATES. Should there be a change in circumstances relative to your activities in the UNAPPROVED STATES, you shall immediately terminate all services provided to MyCigarPack and advise us in writing.

4. Representations:

1. Referrer agrees that Referrer shall comply with all applicable laws, ordinances, rules, regulations, orders, licensing and registration requirements, or other requirements of any governmental authority with jurisdiction over Referrer and My Cigar Pack’s Affiliate Program, including, but not limited to, all federal, state, or other applicable laws governing:
   • marketing and affiliate marketing email, communications, and services including, but not limited to, the CAN-SPAM Act of 2003 and other anti-spam laws;
   • data privacy and security regulation including, but not limited to, the General Data Protection Regulation EU 2016/679 (“GDPR”) and other data protection laws; and
   • anti-bribery and anti-corruption laws including, but not limited to, the US Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act (the “UK Act”), the Singapore Prevention of Corruption Act (“PCA”), the Mexico General Law on the National Anti-Corruption System (“GLAR”), the Canadian Corruption of Foreign Officials Act (“CFPOA”), and all other applicable anti-corruption and anti-bribery laws.
2. To participate in the Affiliate Program, Referrer may submit personal information about themselves. The personal information will be collected and used in accordance with My Cigar Pack’s Privacy Policy. My Cigar Pack may utilize the Personal Information to contact Referrer with regards to their participation in the Affiliate Program and/or to send Referrer additional communication from My Cigar Pack. Referrer represents that Referrer has read and understood the Privacy Policy and Affiliate Program Terms.
3. Referrer agrees to comply with the Federal Trade Commission’s 16 CFR § 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” If Referrer makes a Referral by posting to a social media network (such as Instagram, Facebook, X, etc.), Referrer should, at a minimum, include language identifying the Referral as a paid endorsement (e.g., “This is a paid endorsement” or “#PaidAd”). Referrer is responsible for ensuring that their posts including Referrals on any social media network comply with the terms of use of such network, and any other applicable laws, statutes, and regulations.
4. Intellectual Property: Referrer acknowledges and agrees: (i) that all trademarks and copyrights used as part of the Program are exclusively owned by My Cigar Pack or third parties, (ii) that other than with respect to the materials provided to Referrer while participating in the Affiliate Program, Referrer is not authorized to use any trademarks, copyrighted material, names, logos, or other intellectual property owned by My Cigar Pack, and (iii) that Referrer will not participate, contribute, or otherwise be associated with any activity that diminishes or tarnishes the reputation of My Cigar Pack’s trademarks.

5. Independent Contractor:

Referrer acknowledges and agrees that they participate in My Cigar Pack’s Affiliate Program at their own risk as an independent contractor and My Cigar Pack is not directing or controlling how Referrer performs their obligations hereunder. Referrer is responsible for paying any applicable taxes, if any, due to taxing authorities, arising from or in connection with, and their receipt of any Affiliate Payments. Participating in the Affiliate Program does not authorize the Referrer to act on behalf of My Cigar Pack. Nothing herein is intended or can be construed to establish or suggest an employer-employee relationship, partnership, joint venture, or association between Referrer and My Cigar Pack.

6. Confidential Information:

While participating in the Affiliate Program, Referrer may receive or become privy to confidential and proprietary information belonging to My Cigar Pack. Referrer agrees to maintain all confidential and proprietary information in strict confidence and use the confidential and proprietary information only in connection with the participation in the Affiliate Program. Notwithstanding anything to the contrary contained herein, Referrer agrees to keep confidential the names and contact information of any customers of My Cigar Pack, including New Customers.

7. Limitation of Liability:

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to You. MY CIGAR PACK, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (THE “MY CIGAR PACK PARTIES”) SHALL NOT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, THE WEBSITE, THE DASHBOARD, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THE PROGRAM OR WEBSITE, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PROGRAM OR THE WEBSITE, EVEN IF MY CIGAR PACK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE TERMS OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM AND WEBSITE. YOUR ONLY REMEDY AGAINST MY CIGAR PACK PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PROGRAM OR WEBSITE, IS TO STOP PARTICIPATING IN THE PROGRAM OR USING THE WEBSITE. IF MY CIGAR PACK PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PROGRAM, OR ANY CONTENT, MY CIGAR PACK’S LIABILITY SHALL NOT EXCEED $100.00USD. ANY CLAIMS MADE AGAINST MY CIGAR PACK PARTIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

8. Disclaimer of Representations and Warranties:

My Cigar Pack reserves the right to cancel or suspend the Affiliate Program if it determines, in its sole discretion, that the administration, security, or fairness of the Affiliate Program has been compromised in any way.

REFERRERS AND POTENTIAL REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THEIR USE OF MY CIGAR PACK’S COMMISSION PROGRAM IS AT THEIR SOLE RISK, THE AFFILIATE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MY CIGAR PACK EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE AFFILIATE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) MY CIGAR PACK MAKES AND GIVES NO PROMISE THAT (i) THE AFFILIATE PROGRAM WILL MEET REFERRER REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE AFFILIATE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY REFERRER THROUGH THE AFFILIATE PROGRAM WILL MEET REFERRER EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AFFILIATE PROGRAM IS ACCESSED AT REFERRER’S OWN DISCRETION AND RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

9. Indemnification:

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to You. You agree to indemnify, defend, and hold harmless My Cigar Pack Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to Your use of the Program and/or Website, Your conduct in connection with the Program/Website or with other users, or any violation of these Terms, any law or the rights of any third party. To the extent that My Cigar Pack receives any notice that your conduct violates any of the rights of a third party, or any applicable laws, My Cigar Pack has the right to be defended and indemnified by you in connection with any response to such a notice, including for the costs of preparing such a response. Furthermore, My Cigar Pack has the right to undertake any steps necessary to protect its interests in the event such a notice is served on My Cigar Pack. You, for Yourself and on behalf of Your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the My Cigar Pack Parties from any and all claims or causes of action You may have for damages relating in any way to Your use of the Program and Website, and covenant not to sue the My Cigar Pack parties.

10. Notices:

All notices pursuant to the Commission Program Terms must be in writing and may be provided electronically. Notice must be made to My Cigar Pack at:

My Cigar Pack, LLC
C/O: Affiliate Program
10891 NW 17th St. Suite #132.
Miami, FL 33172
affiliate@mycigarpack.com

11. Governing Law; Waivers:

ALL CLAIMS AND CONTROVERSIES SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION UNLESS OTHERWISE REQUIRED BY LAW. THESE TERMS, THE PLATFORM AND PRIVACY POLICY ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MIAMI-DADE COUNTY, FLORIDA, OR THE SOUTHERN DISTRICT OF FLORIDA’S FEDERAL COURT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MIAMI-DADE COUNTY, FLORIDA.

YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

REFERRER IS WAIVING THEIR RIGHT TO HAVE A TRIAL BY JURY.

12. Other Terms:

These Affiliate Program Terms constitute the entire agreement between Referrer and My Cigar Pack with respect to the Affiliate Program. Failure by My Cigar Pack to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, or My Cigar Pack’s right to subsequently enforce any such rights or any other provision of the Terms. If any provision of the Terms shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect.