FUEGO INC.

INDEPENDENT AFFILIATE AGREEMENT

This Independent Affiliate Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”) is made and entered into as of the date identified below (the “Effective Date”), by and between Fuego Inc. (“Fuego”), and the affiliate identified below (“Independent Affiliate” or “you”). In consideration of the mutual promises contained herein, the parties agree as follows:

1. Promotional Activities

Independent Affiliate agrees to provide to Fuego, under the terms and conditions of this Agreement, services (the “Promotional Activities”) in connection with Fuego’s Independent Affiliate Program (the “Program”). As part of the Promotional Activities, Independent Affiliate will generate and post content (including, without limitation, text, videos, and images) regarding the Fuego brand and Fuego products on their dedicated page (the “Affiliate Page”) and/or on their Instagram, Instagram Story, Twitter, Facebook, blog, and potentially YouTube and Pinterest (the “Social Channels”) (collectively, the “Content”) in an effort to generate sales.

Independent Affiliate agrees to devote such time, resources, and best efforts to the Promotional Activities as are reasonably necessary to perform them in a professional and diligent manner. Affiliate shall comply with all applicable laws and regulations, and determine in their sole discretion the time, place, manner, means, methods, and personal resources by which the Promotional Activities are performed and achieved. Affiliate shall provide and utilize their own equipment, tools, and other resources in performing the Promotional Activities; however, Fuego will provide the Affiliate certain informational materials (the “Fuego Materials”) to facilitate the creation of content.

Independent Affiliate is responsible for creating and editing the Content and for posting such Content on the Social Channels. Fuego has the right to request removal of any Content from the Affiliate Page, and the Affiliate will comply within 3 days.

It is understood and agreed that the Independent Affiliate will act as an independent contractor and not as an employee or agent of Fuego. The Affiliate has no authority to bind Fuego in any way.

Fuego reserves the right to request that Affiliates modify their promotional codes or links at any time. Such changes may be necessary to ensure compliance with program standards, improve tracking and reporting, or for any other reason deemed appropriate by Fuego. Affiliates agree to implement any requested changes promptly to maintain their participation in the Program.

2. Restrictions

Independent Affiliate agrees that they will not make any derogatory statements about Fuego and/or Fuego products. They will not link to any third-party websites, other than the approved Social Channels, on the Affiliate Page or redirect visitors to other external sites. They will not resell or distribute any Fuego products, including those received for free or as gifts, for commercial purposes outside of the Affiliate Page. Affiliates may not promote Fuego products, the Fuego brand, the Program, and/or the Affiliate Page via any website or channel that may be considered pornographic, lewd, offensive, or discriminatory. Affiliates may not engage in any fraudulent transactions, as reasonably determined by Fuego, including but not limited to purchases made using the Affiliate’s own IP address, email, or devices.

3. Compensation

In consideration for the Promotional Activities, Fuego will pay the Independent Affiliate a commission based on a percentage of the Net Revenue collected by Fuego in accordance with the Commission Appendix below.

“Net Revenue” means gross fees received by Fuego from Qualifying Orders, less amounts paid using store credit or gift certificates, taxes, duties, and transaction-based fees (e.g., payment processing and shipping). “Qualifying Orders” are purchases of Fuego products via the Affiliate’s link or code made with a valid form of payment.

Commissions are only paid for completed, non-returned Qualifying Orders. Fuego will pay commissions twice per month through its designated payment processor (currently PayPal). The Affiliate is responsible for maintaining an active account with the payment processor.

Fuego is not responsible for payments for fraudulent or ineligible transactions or for payment processing issues not caused by Fuego.

4. Confidentiality

“Confidential Information” means all non-public, proprietary, or trade secret information related to Fuego's business, including corporate, marketing, financial, technical, operational, and personnel data. This also includes information received in confidence from third parties.

The Affiliate agrees not to disclose or use any Confidential Information except as necessary to perform the Promotional Activities. All such materials must be returned or deleted upon Fuego’s request or upon termination of this Agreement.

5. Intellectual Property Rights

The Affiliate grants Fuego and its affiliates an unrestricted, royalty-free, perpetual, and irrevocable license to use, copy, modify, distribute, publish, and display all Content (including any that incorporates the Fuego brand) for commercial and non-commercial purposes. This license shall survive the termination of this Agreement. Fuego shall retain the right to use any Content or Other Developments created or shared by the Affiliate under this Agreement, even after the Affiliate’s participation in the Program ends.

6. Other Developments

The Affiliate also grants Fuego a perpetual, royalty-free, sublicensable license to use any other material or feedback submitted to Fuego in connection with the Program or Promotional Activities (“Other Developments”).

7. Fuego Materials and Trademarks

Fuego retains all rights in its brand assets, including the Fuego Materials and trademarks (“Marks”). The Affiliate may only use the Marks as provided by Fuego and only in accordance with Fuego’s brand guidelines. The Affiliate agrees not to claim ownership of the Marks, register similar trademarks, or assist others in doing so.

8. Federal Trade Commission Requirements

The Affiliate agrees to comply with all FTC guidelines related to endorsements and disclosures. This includes clearly disclosing the affiliate relationship when promoting Fuego products.

9. Affiliate Social Channels

The Affiliate may choose to link their Social Channels to the Affiliate Page. Fuego may, at its discretion, share such content on its website and marketing platforms.

10. Representations and Warranties

The Affiliate represents and warrants that they are at least 18 years old and legally eligible to work in their country. All content and Promotional Activities are original and do not infringe any third-party rights. They will perform the Promotional Activities in a professional and lawful manner. All necessary rights, licenses, and permissions have been obtained. They will comply with all applicable laws, including FTC requirements.

11. Indemnification

The Affiliate agrees to indemnify and hold harmless Fuego, its affiliates, and personnel against any claims, losses, or liabilities arising from any breach of this Agreement, any infringement of third-party rights, or any misconduct or misrepresentation in connection with the Promotional Activities.

12. Term; Termination

This Agreement will commence on the Effective Date and remain in effect until terminated by either party.

Either Fuego or the Independent Affiliate may terminate this Agreement at any time, for any reason or no reason, with or without prior notice, effective immediately.

Upon termination, the Affiliate must immediately cease using all Fuego Materials, Marks, and affiliate codes or links. Fuego will pay out any valid commissions for Qualifying Orders made before the termination date, in accordance with Fuego’s standard payout cycle and subject to any applicable deductions. All rights and obligations will end upon termination, except those that by nature survive termination.

The Affiliate waives any claims or damages arising out of such termination.

13. Independent Contractor; No Agency

The Affiliate is an independent contractor and not an employee or agent of Fuego. Neither party may bind the other in any way.

14. Limitation of Liability

IN NO EVENT SHALL FUEGO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE OR DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE NOT PERMITTED, FUEGO’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Commission Appendix

Affiliates will receive commissions on sales made through their unique affiliate code or tracking link. A Qualifying Order must not include returned products, must not be paid for using gift cards or discounts, and must not originate from coupon or deal-sharing websites. Fuego calculates commissions using its internal tracking and standard methodologies. All payments are subject to final validation and adjustment.

At Fuego Inc one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by fuegodance.com and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our visitors to fuegoflow.refersion.com with regards to the information that they shared and/or collect in fuegoflow.refersion.com. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

• Provide, operate and maintain our website
  
• Improve, personalize, and expand our website
  
• Understand and analyze how you use our website
  
• Communicate with you, either directly or through one of our partners, including for customer service,
  to provide you with updates and other information relating to the website, and for marketing and promotional purposes
  
• Send you emails
  
• Find and prevent fraud

CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a
small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain
conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children's Information 

Fuego Inc does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.