Affiliate Terms and Conditions

AG Commerce LLC Longaberger.com Affiliate Program Terms & Conditions

Last Updated: 04/01/2026

These Affiliate Program Terms & Conditions, together with any policies, guidelines, commission schedules, brand standards, or other materials referenced herein, form a binding agreement between AG Commerce LLC (“AG Commerce,” “Company,” “we,” “us,” or “our”) and the individual applicant or participant (“Affiliate,” “you,” or “your”) in the Longaberger affiliate program (the “Program”).

By applying to, enrolling in, accessing, or participating in the Program, including through the GoAffPro affiliate platform and any related Shopify integrations, you agree to be bound by these Terms & Conditions.

1. Program Overview

The Program permits approved Affiliates to promote eligible Longaberger products through approved non-paid marketing channels using tracking links, codes, and related tools made available by AG Commerce through Shopify, GoAffPro, or other designated systems. Subject to these Terms, approved Affiliates may earn commissions on qualifying purchases.

Participation in the Program is a privilege, not a right. AG Commerce reserves all rights in and to the Program, including the right to approve, reject, suspend, modify, or terminate any application, account, commission, link, promotional method, or Affiliate relationship at any time in its sole discretion.

2. Eligibility and Enrollment

To be eligible for the Program, you must:

1. Be an individual located within the United States of America
2. Submit a complete and accurate application through the designated platform
3. Complete and provide a valid IRS Form W-9 before activation and before any commissions are paid
4. Be legally capable of entering into a binding contract
5. Comply with these Terms and all applicable laws, rules, regulations, and platform requirements

Submission of an application does not guarantee acceptance. AG Commerce may approve or reject any applicant in its sole discretion, with or without explanation.

AG Commerce may request additional information or documentation at any time, and your failure to timely provide requested information may result in rejection, suspension, withholding of commissions, or termination.

Sub-affiliate networks, affiliate agencies, sub-publishers, and other third-party network arrangements are strictly prohibited unless expressly approved by AG Commerce in a separate written agreement.

3. Independent Contractor Relationship

You are an independent contractor and not an employee, agent, partner, franchisee, joint venturer, sales representative, or legal representative of AG Commerce. You have no authority to bind AG Commerce, make representations on its behalf, or incur obligations in its name.

You are solely responsible for your own business expenses, tax reporting, tax payments, insurance, permits, and legal compliance.

4. Affiliate Account and Platform Use

The Program may be administered through GoAffPro and integrated with Shopify. You are responsible for maintaining accurate account information, login credentials, payment details, and tax information.

You acknowledge and agree that:

1. Tracking, reporting, attribution, acceptance, rejection, commission calculations, and related data may be performed through Shopify, GoAffPro, or other systems designated by AG Commerce
2. AG Commerce’s records and platform data will control in the event of any discrepancy, dispute, or technical issue
3. AG Commerce does not guarantee uninterrupted platform access, error-free tracking, or continued availability of any feature, tool, or integration
4. AG Commerce may change or replace tracking methods, attribution logic, or platform settings at any time

5. Affiliate Links, Cookie Duration, and Attribution

Approved Affiliates may use only the tracking links, codes, banners, assets, and other promotional materials authorized by AG Commerce.

For purposes of the Program, a customer referral period begins when a customer clicks an Affiliate's authorized tracking link or otherwise uses an approved attribution method made available through the Program. 

Unless otherwise stated by AG Commerce in writing, the Program uses a 24-hour attribution window from the last click on an Affiliate’s direct link. A qualifying purchase must occur within that attribution window and be successfully tracked by AG Commerce’s systems.  

Unless otherwise stated by AG commerce in writing, the referral period ends upon the first to occur of the following:

• Twenty-four (24) hours elapse from the customer's click on the Affiliate's authorized link
• The customer completes an order for an eligible product
• The customer's purchase is attributed by AG Commerce's systems to another affiliate, referral source, or attribution method in accordance with AG Commerce's then-current attribution settings and platform rules

AG Commerce reserves the right to determine in its sole discretion whether a transaction is properly attributed, whether a commission is payable, and whether tracking was valid.

Commission is not earned on clicks, leads, visits, impressions, sign-ups, or incomplete transactions.

6. Commission Structure

Subject to these Terms, Affiliates may earn a commission calculated as a fixed percentage of net sales on qualifying purchases.

For purposes of the Program:

"Net Sales” means the product subtotal actually received by AG Commerce for completed customer purchases, after application of discounts, promotions, credits, returns, refunds, cancellations, chargebacks, taxes, shipping charges, duties, and any other non-commissionable amounts as determined by AG Commerce.

"Qualifying Purchase” means a bona fide direct-to-consumer retail purchase by an end customer for personal use, completed within the applicable referral period, properly tracked by AG Commerce's systems, and otherwise compliant with these Terms and all Program policies. A qualifying purchase means a completed and valid purchase of eligible products that:

1. Is made by a customer through a properly tracked Affiliate link or other approved attribution method
2. Is not cancelled, returned, refunded, charged back, fraudulent, self-referred, or otherwise disqualified
3. Complies with these Terms and all Program policies

Commission rates, eligible products, exclusions, and related policies may be changed by AG Commerce from time to time in its sole discretion.

7. Excluded and Non-Commissionable Transactions

No commission shall be due or payable on any transaction that AG Commerce determine, in its sole discretion is excluded, non-commissionable, invalid, or otherwise disqualified. 

Without limiting any other exclusion in these Terms, the following are not Qualifying Purchases, and no commission shall be owed on them:

1. Any returned, refunded, cancelled, reversed, or charged-back order
2. Any fraudulent, suspicious, abusive, manipulated, or invalid transaction
3. Any order not correctly tracked, recorded, or reported because an Affiliate link, coupon code, or other attribution method was not properly implemented, was altered, or failed for technical, platform, browser, device, cookie, or operational reasons 
4. Any purchase made by the Affiliate, or by any person or entity acting on the Affiliate’s behalf, including personal purchases and purchases for friends, relatives, household members, employees, associates, or affiliated businesses
5. Any purchase for resale, wholesale, redistribution, commercial use, inventory building, repackaging, drop shipping, resupply, or other non-consumer use
6. Any bulk order or volume purchase inconsistent with ordinary consumer purchasing behavior
7. Any order associated with a resale certificate, tax-exempt resale treatment, dealer activity, marketplace reselling activity, or other indicia of resale
8. Any order placed after suspension or termination of the Affiliate’s participation in the Program
9. Any order generated through prohibited promotional methods, including prohibited paid advertising, trademark bidding, spam, cookie stuffing, click fraud, incentivized traffic without prior written approval, coupon-site promotion where prohibited, or any other prohibited conduct under these Terms
10. Any order placed using unauthorized coupons, incentives, browser extensions, redirects, hidden links, forced clicks, or misleading claims
11. Any transaction involving taxes, shipping, handling, duties, gift card purchases, or any other excluded amount as determined by AG Commerce
12. Any order that AG Commerce reasonably determines was not a bona fide retail sale to an end consumer or otherwise created legal, reputational, operational, or compliance risk for AG Commerce

AG Commerce's tracking, attribution, and order records shall control for purposes of determining whether a transaction is a Qualifying Purchase.

8. Payment Terms

Approved commissions will be paid:

1. In U.S. Dollars
2. By PayPal
3. On a monthly basis
4. By the last day of the following month, for commissions that have been finalized, validated, and not subject to reserve, offset, or withholding/li>

There is no minimum payout threshold.

AG Commerce may withhold, delay, reverse, offset, or deny payment of commissions in order to investigate suspected fraud, returns, non-compliance, chargebacks, policy violations, legal risk, tax issues, or platform errors.

You are solely responsible for providing valid payment details and tax information. AG Commerce is not responsible for failed payments caused by incorrect account information or third-party payment processor issues.

Notwithstanding the foregoing, AG Commerce reserves the right to maintain a rolling reserve for one (1) billing cycle on all or any portion of commissions otherwise payable, in order to account for product returns, refunds, cancellations, chargebacks, suspected fraud, compliance reviews, or other actual or anticipated offsets. Amounts held in rolling reserve that are ultimately approved shall be released in the next regular payment cycle, less any applicable reversals, offsets, or deductions. AG Commerce may continue to withhold part or all of any reserve for longer than one billing cycle where AG Commerce reasonably determines that suspected fraud, policy violations, excessive returns, legal risk, or other unresolved issues justify extended withholding.

9. Taxes

You acknowledge that you are an independent contractor and are solely responsible for all federal, state, local, and other taxes arising out of payments made under the Program. AG Commerce may issue tax reporting forms as required by law and may withhold payment where legally required.

10. Permitted Promotional Methods

Unless otherwise restricted by AG Commerce, Affiliates may promote the Program and eligible products only through the following approved channels:

1. A website and/or blog owned and controlled by the Affiliate
2. The Affiliate’s personal social media accounts
3. Email marketing sent only to the Affiliate’s own contact list of recipients who have directly consented to receive such communications
4. SMS marketing sent only to the Affiliate’s own contact list of recipients who have directly consented to receive such communications

All promotional activity must be truthful, accurate, brand-appropriate, lawful, and compliant with these Terms.

11. Prohibited Promotional Methods and Conduct

The following activities are strictly prohibited and constitute grounds for immediate suspension or termination, voiding of commissions, and possible legal action:

1. Paid advertising of any kind, including search engine ads, paid social ads, boosted social posts, display advertising, native advertising, retargeting, shopping ads, sponsored content placements, or any other paid media activity
2. Trademark bidding, including bidding on or purchasing keywords, search terms, ad placements, or domain names containing “Longaberger,” any Longaberger trademark, misspelling, variation, or confusingly similar term
3. Using the Longaberger brand name, or confusingly similar terms, in:
   • Domain names
   • Subdomains
   • Social media usernames, handles, account names, or page names
   • App names, marketplace seller names, or similar identifiers
4. Posting Affiliate links, coupon codes, or promotional offers on copuons, deal, rebate, loyalty, cashback, browser-extention, or similar websites or services without AG Commerce's prior written approval
5. Using "click to reveal," "unlock code," "show coupon," or similar offer-gating tactics designed primarily to force a click, set a cookie, or obtain attribution without a genuine referral
6. False, misleading, deceptive, unsubstantiated, or disparaging statements, images, comparisons, or content about AG Commerce, Longaberger, its products, customers, employees, competitors, or the Program
7. Spam, unsolicited commercial email, unsolicited SMS, or messaging practices that violate consent, opt-out, telemarketing, anti-spam, or privacy laws
8. Cookie stuffing, forced clicks, click fraud, bot traffic, fraudulent attribution, hidden iframes, pop-unders, adware, spyware, malware, or similar deceptive practices
9. Incentivized traffic, rewards, rebates, loyalty points, cashback, sweepstakes, donations, or similar inducements unless expressly pre-approved in writing by AG Commerce
10. Scraping, data harvesting, unauthorized use of customer data, or unlawful tracking
11. Impersonating AG Commerce or falsely suggesting sponsorship, endorsement, partnership, employment, or official status
12. Any use of AI-generated, edited, or altered product or lifestyle imagery that changes, distorts, or misrepresents brand materials or products
13. Any activity that violates applicable law, third-party rights, platform rules, or AG Commerce brand standards

12. FTC Disclosures and Advertising Compliance

You must clearly and conspicuously disclose your material connection to AG Commerce in every endorsement, recommendation, review, social media post, email, SMS, blog post, video, livestream, or similar communication where a disclosure is legally required.

At a minimum:

1. Disclosures must be hard to miss, easy to understand, and placed near the endorsement or link
2. Disclosures must not be buried in hashtags, profile bios, footers, or terms pages
3. Disclosures must accurately reflect the relationship, such as that you may earn a commission from qualifying purchases

Examples may include:

• “I may earn a commission from qualifying purchases made through my links.”
• “This post contains affiliate links.”
• “Paid affiliate relationship with Longaberger.”

You are solely responsible for ensuring that all product claims, comparative statements, testimonials, endorsements, and promotional representations are truthful, substantiated, and lawful.

13. Email, SMS, and Communications Compliance

If you use email or SMS to promote eligible products, you represent and warrant that:

1. You have obtained all legally required consents
2. Your recipient list is your own and lawfully collected
3. You will honor unsubscribe and opt-out requests promptly
4. Your messages comply with all applicable laws and industry rules, including anti-spam, privacy, and telemarketing requirements
5. You will not send messages that appear to originate from AG Commerce unless expressly authorized in writing

AG Commerce reserves the right to request proof of consent, list acquisition methods, opt-in language, and campaign materials at any time.

14. Brand Features, Intellectual Property, and Content Use

Subject to these Terms, AG Commerce grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during your participation in the Program to use approved Longaberger trademarks, logos, product names, and content solely for approved non-paid promotional activity under the Program.

Affiliates may share product imagery, lifestyle imagery, and other content published on Longaberger.com or thelongabergerfamily Facebook page solely in non-paid marketing communications and materials, provided that:

1. The content is used in its original form
2. The content is not modified, cropped in a misleading manner, altered, overlaid, edited, animated, recolored, or otherwise changed without prior written approval
3. The use complies with all brand style guidelines and instructions issued by AG Commerce
4. The use does not disparage the brand or create confusion regarding ownership, sponsorship, or affiliation

All rights not expressly granted are reserved by AG Commerce.

You acquire no ownership interest in any trademark, copyright, content, brand asset, customer information, platform account, or intellectual property of AG Commerce.

AG Commerce may revoke your license to use any content or brand feature at any time, for any reason, immediately upon notice or upon termination of your participation.

15. Brand Standards and Quality Control

You must comply with all brand guidelines, style requirements, positioning instructions, and quality-control standards communicated by AG Commerce from time to time.

AG Commerce may require removal, correction, or discontinuation of any content, post, page, email, SMS, or other material that, in its sole judgment, is inaccurate, outdated, non-compliant, off-brand, unlawful, or otherwise objectionable. You must comply promptly with any such request.

Failure to comply may result in suspension, termination, voided commissions, clawback, and legal recourse.

16. Privacy and Data Protection

You must comply with all applicable privacy, data protection, consumer protection, and marketing laws and regulations, including where applicable the CCPA, other U.S. state privacy laws, and, if applicable to your activities, GDPR or similar laws.

Without limiting the foregoing, you may not:

1. Collect, retain, share, sell, disclose, or use personal information except as permitted by law and your own lawful privacy disclosures
2. Misrepresent how data is collected, tracked, used, or shared
3. Use tracking technologies, pixels, scripts, or cookies unlawfully
4. Interfere with or circumvent consumer privacy rights or consent requirements

If you collect personal information in connection with your promotional activities, you must maintain your own legally compliant privacy notice and any required consent mechanisms.

AG Commerce’s privacy policy governs AG Commerce’s own processing of personal information through its sites and platforms and does not relieve you of your separate legal obligations.

17. Product Claims and Prior Approval

You may not make any statement, representation, warranty, or claim regarding any Longaberger or AG Commerce product except as expressly set forth in official materials published or expressly approved in writing by AG Commerce.

Without limiting the foregoing, you may not, unless expressly pre-approved in writing by AG Commerce:

1. Make claims regarding performance, durability, quality, safety, efficacy, environmental benefits, sustainability, health attributes, origin, composition, or regulatory compliance
2. State or imply that any product has been tested, certified, endorsed, guaranteed, or approved by any third party unless AG Commerce has expressly authorized that statement in writing
3. Create testimonials, comparisons, demonstrations, or before-and-after style content that could reasonably imply unapproved product characteristics or results
4. Make any claim that is false, misleading, deceptive, unsubstantiated, or not supported by AG Commerce’s official product descriptions or authorized marketing materials

All product-related statements used by Affiliate must be truthful, current, substantiated, and fully compliant with applicable advertising and consumer protection laws. Affiliate is solely responsible for ensuring that all statements and content used by Affiliate are lawful and compliant.

Any violation of this Section may result in immediate suspension or termination, voided commissions, clawback of previously paid commissions, mandatory content removal, and legal recourse.

18. Takedown and Corrective Action Rights

AG Commerce reserves the right, in its sole discretion, to require Affiliate to remove, disable, edit, correct, or cease using any link, claim, post, page, image, video, review, email, SMS message, social post, advertisement, or other promotional content that AG Commerce determines is or may be:

1. Inaccurate
2. Misleading
3. Non-compliant with these Terms
4. Non-compliant with brand guidelines
5. Legally or regulatorily risky
6. Infringing, disparaging, offensive, or otherwise objectionable

Affiliate must comply with any such takedown or corrective-action request within twenty-four (24) hours after notice is sent by AG Commerce to the contact information on Affiliate’s account or by any other reasonable means.

Failure to comply within the required time constitutes a material breach of these Terms and may result in immediate suspension or termination from the Program, voided commissions, clawback of commissions, and legal recourse.

AG Commerce’s exercise of this right does not limit any other remedy available to AG Commerce.

19. Monitoring, Audit, and Enforcement Rights

AG Commerce may monitor Affiliate activity, traffic sources, promotional materials, websites, social accounts, email content, SMS content, and attribution behavior for compliance.

You agree to cooperate with compliance reviews and to provide, upon request:

1. URLs, social handles, and channels where promotions appear
2. Copies or screenshots of promotional content
3. Email and SMS templates
4. Evidence of subscriber consent
5. Traffic source information
6. Any other reasonably requested compliance documentation

Failure to cooperate is a material breach of these Terms.

20. Suspension and Termination

AG Commerce may suspend or terminate your participation immediately, with or without notice, in its sole discretion, including if AG Commerce believes that you have:

1. Violated these Terms or any Program policy
2. Engaged in fraud, abuse, deceptive conduct, or non-compliance
3. Used disparaging text, images, or content
4. Violated law or third-party rights
5. Created legal, reputational, regulatory, commercial, or operational risk for AG Commerce

You may terminate your participation at any time by ceasing promotional activity and requesting closure of your account.

Upon suspension or termination:

1. Your rights under the Program immediately cease
2. You must stop using all tracking links, trademarks, brand assets, and Program materials
3. You must remove or disable all Program references and promotional materials upon request
4. AG Commerce may withhold unpaid commissions pending review
5. Any commissions arising from or connected to a violation period shall be null and void

21. Reversals, Clawbacks, and Offsets

If AG Commerce determines that commissions were generated during a violation period, paid in error, paid on disqualified transactions, or paid in connection with fraud, abuse, returns, chargebacks, or non-compliance, AG Commerce may:

1. Reverse those commissions
2. Offset them against future amounts otherwise payable
3. Demand repayment from you
4. Pursue recovery through legal action, arbitration, or any other lawful means

You agree to promptly repay any commissions that AG Commerce reasonably determines were improperly paid.

AG Commerce may offset any amount owed by Affiliate to AG Commerce against current commissions, future commissions, reserve amounts, or any other sums otherwise payable to Affiliate.

22. Confidentiality

During the course of your participation, you may receive confidential or non-public information regarding AG Commerce, Longaberger, the Program, commission structures, product launches, pricing, customer information, business practices, systems, or marketing plans (“Confidential Information”).

You agree to:

1. Use Confidential Information only as necessary to participate in the Program
2. Not disclose Confidential Information to any third party without prior written consent
3. Protect Confidential Information using reasonable safeguards
4. Promptly return or destroy Confidential Information upon request

Confidential Information does not include information that is publicly available through no breach by you or that you lawfully receive from a third party without a duty of confidentiality.

23. Limited Non-Solicitation and Competitive Conduct

During your participation in the Program and for twelve (12) months thereafter, you agree not to knowingly solicit for employment or engagement any employee of AG Commerce with whom you had direct material contact through the Program, unless such solicitation is based on a general public job posting not specifically directed to that person.

You also agree not to present yourself as an official representative of Longaberger or AG Commerce, and not to operate any promotion that is confusingly similar to an official AG Commerce or Longaberger campaign.

Nothing in this Section prohibits lawful independent business activity that does not violate these Terms.

24. Representations and Warranties

You represent, warrant, and covenant that:

1. All information you provide to AG Commerce is accurate and complete
2. You will comply with these Terms and all applicable laws
3. Your promotional content will be truthful, non-infringing, and not deceptive
4. You own or have rights to use all content, lists, channels, and materials you use
5. Your activities will not violate any contract, law, regulation, or third-party rights
6. You will not engage in prohibited promotional methods or fraudulent conduct

25. Disclaimer of Warranties

THE PROGRAM, PLATFORM ACCESS, TRACKING, REPORTING, CONTENT, LINKS, COMMISSION CALCULATIONS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AG COMMERCE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

AG COMMERCE DOES NOT WARRANT THAT TRACKING WILL ALWAYS BE AVAILABLE, THAT ATTRIBUTION WILL ALWAYS BE SUCCESSFUL, OR THAT THE PROGRAM WILL OPERATE WITHOUT DELAY, INTERRUPTION, OR ERROR.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AG COMMERCE AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST PROFITS DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, BUSINESS OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR RELATING TO THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AG COMMERCE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THE PROGRAM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

27. Indemnification

You agree to defend, indemnify, and hold harmless AG Commerce and its affiliates, owners, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. Your participation in the Program
2. Your breach of these Terms
3. Your promotional activities or content
4. Your violation of law or third-party rights
5. Your misuse of AG Commerce intellectual property, content, data, or brand assets
6. Your email, SMS, privacy, consumer protection, or advertising compliance failures

28. Force Majeure

AG Commerce shall not be liable for any delay, interruption, or failure to perform arising from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, cyber incidents, platform outages, supply chain disruption, payment processor interruptions, or failures of third-party systems or services.

29. Modifications to Terms and Program

AG Commerce may amend, update, replace, suspend, or discontinue these Terms, the Program, commission rules, approved channels, brand guidelines, payout policies, or any related feature or requirement at any time in its sole discretion.

Updated Terms may be posted in the affiliate portal, on a related Program page, or otherwise made available by AG Commerce. You are responsible for reviewing these Terms periodically for updates. AG Commerce is not required to provide separate email notice of changes.

Your continued participation in the Program after updated Terms are posted or otherwise made available constitutes your acceptance of those changes.

30. Mandatory Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

30.1 Agreement to Arbitrate

Except for disputes that qualify for small claims court, claims for injunctive or equitable relief relating to intellectual property, confidentiality, unauthorized use of brand assets, collection of unpaid amounts owed to AG Commerce, or other claims that by law cannot be required to be arbitrated, any dispute, claim, or controversy arising out of or relating to these Terms, the Program, Affiliate’s participation in the Program, or the relationship between Affiliate and AG Commerce shall be resolved exclusively by final and binding arbitration.

This agreement to arbitrate shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and applies to all claims whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory.

30.2 Informal Dispute Resolution

Before commencing arbitration, either party must first provide the other with written notice of the dispute describing the nature of the claim and the relief sought. The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days following receipt of such notice.

Notice to AG Commerce must be sent to:

AG Commerce LLC
100 Corporate Drive, Suite 304
Lebanon, NJ 08833
Email: customersupport@longaberger.com

30.3 Arbitration Rules and Forum

If a dispute is not resolved informally, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its applicable commercial arbitration rules then in effect, except as modified by these Terms.

The arbitration shall be conducted by one arbitrator. Unless the parties agree otherwise, the seat of arbitration shall be in New Jersey, and the arbitration shall be conducted in English. The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and formation of this arbitration provision, except that a court of competent jurisdiction may determine issues relating to the enforceability of the class action waiver below.

The arbitrator may award any relief available on an individual basis under applicable law, except relief that is prohibited by these Terms.

30.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR ENTITIES, OR TO PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

30.5 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM.

30.6 Exceptions and Equitable Relief

Nothing in this Section prevents AG Commerce from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, brand assets, data, goodwill, or other proprietary rights, or to enforce post-termination obligations, repayment obligations, or restrictions on unauthorized conduct.

30.7 Severability of Arbitration / Class Waiver

If the class action waiver in this Section is found unenforceable as to any claim or request for relief, then that claim or request for relief shall be severed and litigated in a court of competent jurisdiction, and the remaining claims shall proceed in individual arbitration. If the agreement to arbitrate is found unenforceable for any reason, then the parties agree that exclusive jurisdiction and venue for any court proceeding shall lie in the state or federal courts located in New Jersey, and each party consents to such jurisdiction and venue.

31. Assignment

You may not assign, delegate, transfer, or sublicense any rights or obligations under these Terms without AG Commerce’s prior written consent. Any attempted assignment in violation of this Section is void.

AG Commerce may assign these Terms, in whole or in part, to any affiliate, successor, purchaser, or other transferee without restriction.

32. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-laws principles, except to the extent federal law, including the Federal Arbitration Act, governs the arbitration provisions.

33. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

34. Waiver

No waiver by AG Commerce of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of AG Commerce.

35. Survival

Any provisions that by their nature should survive termination, expiration, or suspension of Affiliate’s participation shall survive, including without limitation provisions relating to confidentiality, intellectual property, takedown obligations, repayment obligations, reversals, offsets, clawbacks, arbitration, class action waiver, disclaimer of warranties, limitation of liability, indemnification, non-solicitation, governing law where applicable, and all other accrued rights and remedies.

36. Entire Agreement

These Terms, together with any incorporated policies, commission schedules, brand guidelines, and Program materials issued by AG Commerce, constitute the entire agreement between you and AG Commerce concerning the Program and supersede all prior or contemporaneous understandings, communications, or agreements relating to the subject matter.