EZ4X4 Affiliate Program Terms & Conditions
1. WHO ARE WE?
EZ4X4 was founded in 2019 by a designer and Jeep owner who envisioned solutions to various pain points of Jeep ownership. Our team is made up of off-road and outdoor enthusiasts who bring passion and knowledge to the work we do.
Our wide range of unique and useful products includes door and hard top removal/storage solutions, window and roof panel enhancements, trail doors, tailgate add-ons, locking security compartments, and more!
Through thoughtful innovation and a focus on graceful utility, our products enhance the enjoyment of Jeep, Bronco, and truck owners from all walks of life. Our goal is to engineer and develop aftermarket accessories that improve your on and off-road experience from rock crawlers to mall crawlers.
2. WHAT WE'RE LOOKING FOR
We're looking for long-term Brand Affiliates who are fans of EZ4X4 and the products we carry. Ideal candidates are Jeep and Bronco owners who can influence, represent, and recommend our brand and products to consumers within their social networks, following, and connections.
We are looking for individuals with a strong presence within their off-road community, clubs, and online social media outlets. The ideal Brand Affiliate has:
- Experience creating promotional content such as videos, reviews, quality photography, and articles
- Active accounts on platforms like YouTube, Facebook, Instagram, TikTok, blogs/vlogs, or X (formerly Twitter)
- High engagement rates with their audience (shares, likes, comments, and views)
- A genuine passion for the off-road lifestyle
Engagement and interaction are critical on social media, and we will monitor the quality of your posts and overall audience engagement.
3. OUR EXPECTATIONS AND STANDARDS
As a Brand Affiliate, you represent our company and our products personally and through your vehicle. You are expected to hold yourself and your online behavior to a high standard. You must be familiar with and have a good understanding of our products. Always represent EZ4X4 in a positive light. Wheel legal, tread lightly, and respect others.
Social Media Standards
As part of the EZ4X4 family, you are expected to:
- Create unique content that features our products and post it to your social media pages
- Use EZ4X4 hashtags, tag EZ4X4 pages, and link to the EZ4X4.com website
- Engage with our posts by liking, commenting, tagging others, and sharing
- Send us your related pictures and videos to be featured on our channels
- Include EZ4X4 in any LinkTree or Sponsor areas on your accounts
Minimum Posting Requirements
Each Brand Affiliate must create:
- One (1) collaborative post with EZ4X4's associated account on each platform
- One (1) collaborative short-form video with EZ4X4's account
Note: A collaborative post is content created in partnership with EZ4X4 where both accounts are credited and the content appears on both profiles.
Additionally, you must post at least once (1) per month on your social media outlets. This monthly post should have some association to the EZ4X4 brand through:
- Tagging EZ4X4 in the post, stories, or videos
- Mentioning EZ4X4 in the caption
- Including EZ4X4 in a "my build" section
This monthly post does not need to be a collaborative post or feature a specific EZ4X4 product.
While not mandatory, Brand Affiliates are encouraged to create and share additional content featuring our products across their social media channels.
Failure to meet the minimum posting requirements set forth in this Section may result in the following actions at EZ4X4's sole discretion: (i) a written warning and thirty (30) day probationary period to achieve compliance; (ii) suspension of commission payments until compliance is restored; (iii) revocation of access to free products and exclusive opportunities; or (iv) immediate termination from the Program. EZ4X4 will evaluate compliance on a quarterly basis, but reserves the right to take action at any time based on sustained inactivity or failure to fulfill Program obligations.
FTC Disclosure Requirements
All Brand Affiliates must comply with Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials. You are required to:
- Clearly and conspicuously disclose your material connection with EZ4X4 in all posts featuring or mentioning EZ4X4 products
- Use disclosure hashtags such as #ad, #sponsored, or #affiliate in a prominent location
- Ensure disclosures are easily noticeable and understandable to your audience
- Include disclosures in stories, videos, and all other content formats
Conduct Policy
EZ4X4 does not tolerate discriminatory remarks, harassment, threats of violence, or similar inappropriate or unlawful conduct. Any online activity that falls within these categories will result in immediate removal from the program.
4. REQUIREMENTS
To qualify for the Brand Affiliate Program, you must:
- Live in the United States of America (international applicants will be considered at a future time)
- Be 18 years of age or older
- Register and utilize the Affiliate Portal
5. THE PERKS
Upon selection for our Brand Affiliate Program, you will receive:
Customized Discount Code
- A unique promotional code that can be customized to represent your brand
- 10% off purchases on EZ4X4.com for you and your referral customers
Commission Structure
- Earn 10% commission on all completed net sales associated with your discount code or unique website link
- Net sales are calculated as the total amount received by EZ4X4 from purchases, minus shipping costs, taxes, insurance, returns, refunds, and fraudulent transactions
- Commissions are paid monthly for the previous month
Free Products
- Access to select products completely free for your promotional efforts and enjoyment
- Product selection and quantity determined by EZ4X4
Additional Opportunities
Affiliates who provide the highest quality video and photo content while driving website traffic, sales, and social media engagement will have opportunities for:
- Additional free products
- Exclusive collaborations with EZ4X4
- Event guest invitations
- Beta testing opportunities for pre-release products
Program Participation
EZ4X4 reserves the right to remove Brand Affiliates from the program at any time based on performance or online behavior.
ATTENTION: If you are currently a Brand Affiliate for EZ4X4 or are applying to become one, you are required to read and agree to these Brand Affiliate Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
By clicking "I AGREE," you are entering into a legally binding contract with EZ4X4 and agreeing to be bound by these Brand Affiliate Terms and Conditions which will govern the relationship between you, as a participant in the Brand Affiliate Program (the "Program"), and EZ4X4.
If you do not agree to these terms and conditions, do not submit your application or continue your participation in the program. In addition, if at any time you no longer wish to be bound by these Terms and Conditions, you must immediately notify EZ4X4.
1. Definitions
The following terms will have the meanings specified below:
"Affiliate" refers to a person who has been selected by EZ4X4, in its discretion through its online application process, to act as a promoter of EZ4X4 Products via the Affiliate Accounts.
"Affiliate Accounts" refers to one or more of Affiliate's accounts on Approved Media that are identified in the Affiliate's initial application to the Program (or otherwise approved by an EZ4X4 representative in writing). Affiliate Accounts must be profiles operated by the Affiliate.
"Approved Media" refers to social media outlets approved by EZ4X4 for Promotional Activities, as may be updated by EZ4X4 from time to time upon written notice to Affiliates. The current list of Approved Media is as follows: Facebook, Instagram, YouTube, X/Twitter, TikTok, Pinterest, and Snapchat.
"EZ4X4 Products" refers to the items offered on the EZ4X4 website at any time or any item distributed by EZ4X4.
"Promotional Activities" refers to the advertising, marketing, and promotion of EZ4X4 Products by Affiliates on an Affiliate Account that has been approved by EZ4X4.
"Spam" means any unsolicited message (such as an email, direct message, text message, or internet posting) posted or sent to a recipient in which the message is not necessarily personal or relevant to the recipient, and which may cause annoyance to the recipient. This includes online forums, social groups, or other online communities or threads.
"You" or "Your" refers to the individual who is currently an Affiliate for EZ4X4 or is submitting an application to become an Affiliate through the online process, together with his or her agents, business affiliates, and permitted successors and assigns.
2. Program Scope
Upon your selection as an Affiliate by EZ4X4, you become an important part of the EZ4X4 team. EZ4X4 is relying upon you, and you agree, to actively promote EZ4X4 Products in the United States and, as applicable, throughout the U.S. territories (including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands).
You agree, at all times during your participation in the Program and performance of Promotional Activities, to comply with these Brand Affiliate Terms and Conditions (which are deemed to supersede and replace any prior terms and conditions provided to you with respect to the Program), together with any subsequent written agreement signed by you and EZ4X4 (if any), the EZ4X4 Terms of Use and Privacy Policy posted on its website, product labels for EZ4X4 Products, and other EZ4X4 policies, procedures, and guidelines provided to you from time to time (collectively, the "Affiliate Terms").
3. Application for Enrollment
To become an Affiliate, you (a real live person) must complete and submit the online application. You may not use any "bot" or other automated method to apply for or otherwise participate in the Program.
All information included in your application must be true and correct, and it is your duty to notify EZ4X4 if anything changes after you become an Affiliate and throughout your participation in the Program.
EZ4X4 reserves the right to accept or reject your application for any or no reason.
4. Eligibility Criteria
You must satisfy the following eligibility criteria as of the date that you submit your application and throughout your participation in the Program if you are selected to become an Affiliate. Upon request of EZ4X4 at any time, you may be required to provide documentary evidence showing that you satisfy these criteria. If you are unable to produce such evidence, you will be discharged from the Program immediately.
You represent, warrant, and covenant to EZ4X4 that you meet the following criteria:
- You have read, understand, and agree to be bound by the Affiliate Terms
- You are 18 years of age or older
- You reside in the United States
- You are authorized to work in the United States
- You are free from any medical conditions that would prevent you from being able to participate in the Program
- You maintain at least one Affiliate Account, which is kept in public mode (except as authorized by EZ4X4) and used for Promotional Activities
5. Compliance
You agree to comply with all federal, state, and local laws, rules, and regulations applicable to you in the course of your participation in the Program and the performance of Promotional Activities, which include but are not limited to the FTC guidelines, these Affiliate Terms, and all terms and conditions applicable to your use of the Approved Media.
You must also comply with the then-current branded content, advertising, and endorsement policies of each Approved Media platform you use (including disclosure tools and labeling requirements), in addition to FTC guidelines.
EZ4X4 reserves the right to request proof of your compliance with FTC disclosure requirements at any time during your participation in the Program. Upon EZ4X4's request, you agree to provide screenshots, links, or other documentation demonstrating that you have properly disclosed your material connection with EZ4X4 in your Content within five (5) business days. Failure to provide such documentation or evidence of non-compliance with FTC guidelines may result in immediate termination from the Program.
6. Affiliate Portal
As an Affiliate, you will be prompted to create a login for EZ4X4's Affiliate portal, which is sourced through a third party (the "Portal"). EZ4X4 makes no representations or warranties of any kind with respect to the Portal. EZ4X4 further reserves the right to modify the Portal and/or designate a new affiliate marketing platform at its discretion.
You agree to comply with all terms of use required by the host of the Portal from time to time. You agree to log on to the Portal frequently and to keep your information maintained on the Portal current.
7. Promotional Activities
Once you are selected as an Affiliate, you agree to use your best efforts to frequently engage in Promotional Activities on at least one Affiliate Account that has been approved by EZ4X4. All Promotional Activities must be conducted in a manner that is consistent with the authorized use for each EZ4X4 Product as outlined on product labels and any marketing or promotional materials provided by EZ4X4 from time to time.
Promotional Activities include, without limitation, the following:
- Posting photo and video content promoting EZ4X4 Products as EZ4X4 may request from time to time ("Content")
- Sharing and promoting your personal discount code for EZ4X4 Products to encourage followers to purchase them
- Communicating, networking, and/or collaborating with social media influencers, EZ4X4's social media followers and customers, and any other individuals requested by EZ4X4
8. Other Obligations
In order to remain in good standing in the Program, you must also comply with the following:
- Keep your Affiliate Account public at all times (and notify EZ4X4 before switching to private)
- Add EZ4X4's social media accounts as a friend/follower to your Affiliate Account(s) (@ez4x4official Instagram account and other accounts as EZ4X4 may add from time to time)
- Promptly respond to all communications from EZ4X4 personnel (in no event later than within one week), whether in text, email, phone, or any other form
- Advise EZ4X4 personnel promptly of any changes to your Affiliate Accounts or other information previously submitted (whether in your application, through the portal, or otherwise)
- Read all manuals on EZ4X4 Products and use them only as directed. Install all products properly. You are responsible for any damages or injuries related to misuse or improper installation of Products
9. Use of Content
You agree that EZ4X4 may post, repost, upload and/or use any and all of the Content in its advertising, in emails, on its sales pages including, without limitation, on its website and on Amazon; on social media outlets (including but not limited to the Approved Media) at its discretion, in perpetuity, with or without notice or compensation.
10. Affiliate Responsibilities
You acknowledge and agree that you are responsible for:
- Any and all activity undertaken in connection with your participation in the Program and on your Affiliate Accounts
- Conducting yourself at all times with the highest degree of professionalism
- Behaving in a legal, ethical, and business-like manner and maintaining the highest standards of integrity, honesty, and responsibility in your dealings with EZ4X4, its staff, customers, authorized dealers, and sales representatives
- Presenting and demonstrating EZ4X4 Products in a positive, truthful, and sincere manner
- Including any product disclaimer or other language provided by EZ4X4 with respect to EZ4X4 Products in any and all of your Content as directed by EZ4X4
- Providing your honest and truthful personal experiences with using any EZ4X4 Product in your Content
You acknowledge that EZ4X4 Products may be installed on or used with vehicles and may be featured in content involving driving, off-road activity, tools, lifting, removal of doors/hard tops, and other potentially hazardous activities. You are solely responsible for safe installation, safe use, and safe operation of any vehicle and equipment, and for following all manuals, warnings, and applicable laws. You assume all risks of injury, death, or property damage arising from installation, use, filming, demonstrations, travel, or participation in off-road activities. EZ4X4 is not responsible for any claims, injuries, accidents, losses, or damages arising from your acts or omissions, your content, or your misuse or improper installation of any product.
You are not authorized to make any warranties, guarantees, or representations regarding EZ4X4 Products beyond those explicitly stated in EZ4X4's official materials. You acknowledge that any unauthorized warranties or representations you make are solely your own and not binding on EZ4X4. You agree that product liability and warranty claims arising from EZ4X4 Products are governed exclusively by EZ4X4's published warranty policies and applicable law, and you have no authority to modify, extend, or waive any such terms. EZ4X4's sole remedy for your breach of these provisions is termination of your participation in the Program, without prejudice to any other rights EZ4X4 may have under these Affiliate Terms or applicable law.
11. Prohibitions/Restrictions
Affiliate is expressly prohibited from taking any of the following actions, each of which shall be a material breach of the Affiliate Terms:
- Purchasing followers and/or likes
- Making any representations, claims, or promises on behalf of EZ4X4, other than those contained in EZ4X4's official marketing and promotional materials (i.e., on the Product packaging or EZ4X4 website)
- Promoting EZ4X4 Products through unsolicited or Spam communications (including via emails, direct messages, posting comments, forums, social groups, or providing codes on any platform)
- Engaging in, promoting, contributing to, or creating a platform for offensive, sexually explicit or distasteful materials, inappropriate images or video, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or of any Content that is unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable to EZ4X4 in EZ4X4's sole discretion
- Transmitting messages or images inconsistent with the positive images and/or goodwill of EZ4X4
- Engaging in any activity that may divert commissions from other participants in the Program
- Engaging in any activity that violates or breaches EZ4X4's or any third party's legal rights
- Engaging in any advertising or marketing practices that are deceptive, misleading, or fraudulent, including using Spam or sending unsolicited commercial email or direct messages, posting commercial messages or personal discount code to any forum that prohibits the same or on any account's posts (including EZ4X4's)
- Promoting your Affiliate discount or relationship on EZ4X4 Media or online ads or otherwise engaging with existing EZ4X4 followers for your own benefit
- Presenting EZ4X4's banners, images or videos as if they are your own or any other site's (which is usually referred to as copyright or trademark infringement, and is illegal)
- Posting, directly or indirectly, Affiliate's promotional code or another EZ4X4 Affiliate's promotional code on any website, including, without limitation, RetailMeNot.com, Coupons.com and CouponCodes.com
- Using any promotional coupon or code that is not provided to Affiliate by EZ4X4 for the Program, or running any ad with any of EZ4X4's URLs offering Brand Affiliate commissions
- Reading, intercepting, recording, redirecting, interpreting, or filling in the contents of any electronic form or other materials submitted to EZ4X4 by any person or entity
- Selling or reselling any of the EZ4X4 Products or offering a cash incentive or discount on EZ4X4 Products as a means of promotion that is not within the context of the Program
- Creating, using, or maintaining fake accounts, bots, or automated systems to artificially inflate followers, likes, views, engagement metrics, or sales
- Using your promotional code or referral link for purchases made by you, members of your household, immediate family members, business partners, employees, contractors, or any person acting on your behalf or at your direction, whether directly or indirectly through another account, email address, payment method, or shipping address
- Engaging in any form of automated purchasing, bulk ordering, or coordinated purchasing schemes using your promotional code or referral link
- Making safety, legal compliance, durability, performance, compatibility, speed, or testing claims (including but not limited to "DOT approved," "crash tested," "failsafe," "street legal everywhere," or similar claims) unless the claim is expressly stated in EZ4X4's official product listing, packaging, manuals, or other written materials provided by EZ4X4
- Presenting any statements as legal advice regarding vehicle compliance, road legality, or regulations. You must direct questions to official sources and/or advise customers to confirm local laws
- Purchasing, running, or funding advertisements or paid promotion featuring EZ4X4 or any EZ4X4 Product, including boosted posts, Spark Ads, whitelisting, or any similar paid amplification, without EZ4X4's prior written approval
12. Monitoring; Removal of Content
EZ4X4 reserves the right to monitor all Affiliate Accounts and to preview Affiliate's Content. From time to time, EZ4X4 may request changes to and/or removal of Content from any and all Affiliate's Accounts in its sole discretion. If you refuse to make any requested changes, EZ4X4 may terminate or limit your participation in the Program.
13. Term; Termination
The term of the Affiliate Terms shall begin upon submission of your application and continue unless earlier terminated. The Affiliate Terms may be terminated by EZ4X4 immediately at any time and for any or no reason, upon EZ4X4's written notice to you; and by you upon thirty (30) days written notice by you to EZ4X4.
Such termination constitutes your termination from the Program; you will be disqualified from receiving any further commission, recognition, communication, or compensation from EZ4X4; you must discontinue posting about or publicizing your use of EZ4X4 Products, and stop making any representations, publicly or privately, in which you could be construed as representing EZ4X4 or EZ4X4 Products.
The obligations related to Confidential Information will continue perpetually after the termination of the Affiliate Terms.
The following sections (and any obligations that by their nature should survive) will survive termination: Sections 9 (Use of Content), 23–24 (Intellectual Property/Content Ownership), 25 (Confidential Information), 28 (Indemnity), 29 (Limitation of Liability), 32 (Dispute Resolution/Arbitration), and 18 (Exclusions/Clawbacks), and this Survival provision.
Upon termination of the Affiliate Terms for any reason, you agree to immediately: (i) return to EZ4X4 or destroy (at EZ4X4's election) all physical marketing materials, samples, prototypes, and any other tangible property provided by EZ4X4; (ii) permanently delete all digital EZ4X4 marketing assets, logos, images, videos, and other EZ4X4 Intellectual Property downloaded or received from EZ4X4 within thirty (30) days of termination; and (iii) provide written certification to EZ4X4 upon request confirming compliance with these obligations. Any free EZ4X4 Products provided to you under Section 15 may be retained unless EZ4X4 specifically requests their return.
14. Payment for Services
For eligible Affiliates, in consideration of the Promotional Activities and rights granted to EZ4X4 with respect to Content, Affiliate may be compensated as follows:
- Free EZ4X4 Products (as described in Section 15)
- Appearance Opportunities (as described in Section 16)
- Commission on sales (as described in Section 17)
Affiliates understand that free products and appearance opportunities are not guaranteed and are provided at the sole discretion of EZ4X4.
15. Free EZ4X4 Products
From time to time, EZ4X4 may provide Affiliates with free EZ4X4 Products, the value and amount of which shall be determined by EZ4X4 in its sole discretion. You understand that there is no guarantee you will receive free EZ4X4 Products.
If your participation in the Program is terminated by EZ4X4 for cause (including but not limited to violation of the Affiliate Terms, breach of conduct policies, or failure to meet minimum requirements) within ninety (90) days of receiving free EZ4X4 Products, EZ4X4 reserves the right to request return of such products at your expense. Products received more than ninety (90) days prior to termination, or in cases where you voluntarily terminate your participation, may be retained by you.
16. Appearances
If given the opportunity to participate in special events or appearances, Affiliate will not be compensated for those appearances unless set forth in a separate written agreement signed by you and EZ4X4. EZ4X4 will strive to give priority to Affiliates for appearances but such invitations to participate cannot be guaranteed.
17. Commission
Affiliates are provided with a unique promotional code that can be provided to followers who can use it to buy EZ4X4 Products at a discounted price. Affiliates in good standing are entitled to receive a commission of ten percent (10%) of Net Sales made to customers who purchase EZ4X4 Products using Affiliate's unique referral link and promotional code ("Customers"), subject to the exclusions in Section 18.
"Net Sales" shall mean the total amount actually received by EZ4X4 from the purchase of EZ4X4 Products by Customers, less: (i) cost of insurance, cost of freight, and other shipping and handling charges; (ii) any sales tax, or other similar taxes that may be imposed by a governmental entity having jurisdiction on any such transaction; and (iii) any sales or amounts that are attributable to Spam, credit card fraud, returned EZ4X4 Products, refunded payments, or similar factors.
Payment will be made in a form designated by EZ4X4 from time to time and accepted by the Affiliate, on a monthly basis for the previous month. EZ4X4 reserves the right to roll over to the next month(s) if $100 in commissions is not reached in a given month.
Affiliate promotional codes cannot be combined or "stacked" with any other discount, promotion, sale price, coupon, or offer provided by EZ4X4 unless explicitly authorized by EZ4X4 in writing. If a Customer attempts to use multiple discounts, only one discount will be applied at EZ4X4's discretion, and commission will be calculated based on the final Net Sales amount. EZ4X4 reserves the right to modify commission rates, discount amounts, or eligibility for commission on specific products or promotions at any time upon written notice to Affiliates, with such changes applying to sales made after the notice date.
18. Exclusions
If a sale is canceled or refunded for any reason, any amount prepaid to the Affiliate will be deducted from the amount owed to the Affiliate. Affiliate will not be paid a commission on sales or orders that are in delinquent status.
Clawbacks/Adjustments: EZ4X4 may reverse, deduct, or offset commissions previously credited or paid for orders that are later canceled, returned, refunded (in whole or part), charged back, disputed, or determined to be fraudulent or abusive. EZ4X4 may make such adjustments for up to 180 days after the order date (or longer if required by a card network, payment processor, or law). If an adjustment results in a negative commission balance, EZ4X4 may carry the negative balance forward and offset it against future commissions.
Payment Holds: EZ4X4 may temporarily withhold commissions and/or delay payout while it investigates suspected fraud, abuse, policy violations, inaccurate account information, platform violations, or unusual transaction patterns. Following investigation, EZ4X4 may approve payment, adjust commissions, or deny payment for affected transactions in its sole discretion.
Commission amounts are final at the sole discretion of EZ4X4. EZ4X4 also reserves the right to change the dates of the commission payout.
Commissions are considered "earned" and final only after the following conditions are met: (i) the order has shipped to the Customer; (ii) thirty (30) days have elapsed since shipment without any return, refund, chargeback, or dispute; and (iii) EZ4X4 has received full payment from the Customer. Until all conditions are satisfied, commissions remain provisional and subject to adjustment or reversal as set forth in this Section 18.
While EZ4X4 makes every reasonable effort to accurately track and pay commissions for all Affiliate sales, EZ4X4 is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Affiliates, or other uncontrollable events that may disrupt or interfere with EZ4X4's ability to track sales or pay commissions.
EZ4X4 has the right to pay commissions to any other person, at its discretion.
19. Independent Contractor
By entering into the Affiliate Terms, you agree that you are customarily engaged in an independent business of performing Promotional Activities, and are not an employee of EZ4X4. Therefore, you are not entitled to any benefits provided by EZ4X4 to its employees, including, without limitation, worker's compensation benefits or group insurance. Nothing in the Affiliate Terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor.
20. Control and Direction
EZ4X4 will not have control or exercise direction over the methods by which you perform the Promotional Activities. You are responsible for creating content and determining when your Content will be shared, with the exception of time-sensitive projects as identified by EZ4X4.
21. Tax Obligations
You are responsible for your own federal, state, and local income, social security, unemployment, sales, disability, and any other applicable local, state, or federal taxes arising out of your performance of Promotional Activities under the Affiliate Terms. If applicable, EZ4X4 will report amounts paid to you by filing Form 1099-NEC with the Internal Revenue Service, as required by law.
22. Tax Withholding and Indemnification
You understand and agree that EZ4X4 will not withhold or make payments for social security, unemployment insurance, or disability insurance contributions on your behalf. You agree to indemnify and defend EZ4X4 against any and all such taxes or contributions. You are also responsible for all costs, liabilities, and expenses you may incur in connection with performing Promotional Activities under the Affiliate Terms.
23. Intellectual Property
All EZ4X4 trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the "EZ4X4 Intellectual Property") is the property of EZ4X4, and you agree not to use such EZ4X4 Intellectual Property except in the form provided to you through the Program, and solely for the purpose and in the manner specifically authorized by EZ4X4.
Unless and only to the extent explicitly authorized by EZ4X4, you agree not to modify any EZ4X4 Intellectual Property or use any modified or derivative version of any EZ4X4 Intellectual Property.
Unless and only to the extent explicitly authorized by EZ4X4, you agree not to purchase, use, or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any EZ4X4 Intellectual Property or any variations, derivatives, or misspellings thereof.
You agree not to publish, host, or promote any EZ4X4 Intellectual Property or other material that misrepresents your relationship with EZ4X4 or implies that you are an official site, authorized dealer, or otherwise specially connected with or sponsored by EZ4X4.
24. Content Ownership
You agree that any and all EZ4X4 and/or EZ4X4 Product related content, photos, videos, verbiage, pictures, writings, other work product, and/or works of authorship generated as part of the content or otherwise related to the work that you do for EZ4X4 (collectively, the "Content") shall be the sole and exclusive property of EZ4X4, and you irrevocably assign to EZ4X4 all right, title, and interest in any Content that you create, or to which you contribute, including all intellectual property rights contained therein.
You acknowledge and agree that all Content is deemed specially requested by EZ4X4 (whether or not actually requested), and further agree that it shall be considered a work made for hire within the meaning of the copyright laws of the United States (together with any modifications, improvements or enhancements).
You acknowledge and agree that EZ4X4 is expressly authorized to use your name, likeness, voice, signature, photograph, image, distinctive appearance, gestures, or mannerisms as part of any Content, such use will not constitute an infringement of any of your rights, and all your rights relating to or embodied in any Content are hereby waived.
25. Confidential Information
EZ4X4 may disclose to you confidential or proprietary information and trade secrets from time to time (collectively, "Confidential Information"). EZ4X4's Confidential Information includes, without limitation, all non-public or proprietary information and EZ4X4 Intellectual Property, including, but not limited to specifications, technology, designs and other proprietary information relating to the EZ4X4 Products, sales figures, software passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing, and other future plans.
You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that EZ4X4 is (and will remain) the sole and exclusive owner of all right, title, and interest in and to the Confidential Information, and all EZ4X4 Intellectual Property.
You further agree that you will not, and will cause any employees and other agents to not, use EZ4X4's Confidential Information for the benefit of anyone other than EZ4X4. You agree not to use EZ4X4's Confidential Information for any purpose except in the performance of your obligations under the Affiliate Terms.
Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by applicable law, regulation, court order, subpoena, or other legal process, provided that you: (i) promptly notify EZ4X4 in writing of such requirement prior to disclosure (unless legally prohibited from doing so); (ii) cooperate with EZ4X4 in seeking a protective order or other appropriate remedy; and (iii) disclose only the minimum Confidential Information necessary to comply with such legal requirement. This exception does not relieve you of your other obligations regarding Confidential Information under this Section.
26. Data Privacy and Protection
EZ4X4 collects, stores, and processes personal information provided by you in connection with the Program, including but not limited to your name, contact information, social media handles, tax identification number, payment information, and performance data (collectively, "Affiliate Data").
By participating in the Program, you consent to EZ4X4's collection and use of Affiliate Data for the following purposes: (i) administering the Program; (ii) processing payments and tax reporting; (iii) communicating with you regarding the Program; and (iv) analyzing Program performance.
EZ4X4 will maintain reasonable security measures to protect Affiliate Data from unauthorized access or disclosure. EZ4X4 will retain Affiliate Data for the duration of your participation in the Program and for seven (7) years following termination, or as otherwise required by applicable law.
Upon written request, you may access or request correction of your Affiliate Data maintained by EZ4X4. Upon termination of the Affiliate Terms and after the required retention period, you may request deletion of your Affiliate Data, except where retention is required by law or necessary for EZ4X4's legitimate business purposes (including tax compliance, dispute resolution, and enforcement of these terms).
EZ4X4 will not sell your Affiliate Data to third parties but may share it with service providers necessary to administer the Program (including the Portal provider, payment processors, and tax reporting services), who are required to maintain its confidentiality.
27. Third Parties; Competing Products
EZ4X4 recognizes that, as an independent contractor, you are available to perform services for entities other than EZ4X4. You agree to notify EZ4X4 in writing (email sufficient if acknowledged by an employee of EZ4X4) of any other arrangements.
Moreover, you warrant and represent that there is no conflict or potential conflict of interest between your performance of Promotional Activities under the Affiliate Terms and your performance of services under other contracts for services or as an employee of other entities, or under your own brand or involving any products you develop or plan to develop for commercial use or sale, alone or with others, and will ensure that no such conflict arises.
If you decide to perform services for a competing brand, your status as an Affiliate will be immediately revoked and you will have no further rights under the Affiliate Terms.
28. Indemnity
You will at all times defend, indemnify, and hold harmless EZ4X4 (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents, and representatives) from and against any and all claims of whatever nature, including without limitation: (i) any violation of law committed by you or your agents; and/or (ii) your participation in the Program, and/or your breach of any obligation, representation, or warranty set forth in the Affiliate Terms.
Your obligation to indemnify and defend EZ4X4 as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by EZ4X4 in connection with any such claim.
29. Limitation of Liability
EZ4X4 will not be liable to you under any legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if EZ4X4 has been advised of the possibility of such damages. In no event shall EZ4X4's cumulative liability to you arising out of or related to your participation in the Program, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total amounts paid to you by EZ4X4 in the six (6) months preceding the event that gives rise to the claim.
30. Disclaimer
EZ4X4 makes no express or implied representations or warranties of any kind to Affiliate, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded.
31. Modification
EZ4X4 may change the Affiliate Terms in the future. Unless the Affiliate Terms specify otherwise, EZ4X4 will give you prior notice of any significant change and if you find the change unacceptable, you have the right to terminate. However, if you continue to participate in the Program after the end of the notice period, you will be deemed to have accepted the changes.
You may not modify the Affiliate Terms by making any typed, handwritten, or any other changes to them for any purpose.
32. Miscellaneous
The Affiliate Terms contain the entire agreement with respect to your independent contractor relationship with EZ4X4, and supersede any prior verbal and/or written agreements or representations regarding said relationship, and will be governed by the laws of the State of Connecticut (without regard to conflict of law principles).
Each party agrees to do all such acts, matters, and things and shall sign or execute and deliver all such documents as may in the reasonable opinion of the other party be necessary or expedient to further and more effectively carry into effect the provisions of the Affiliate Terms.
All disputes, claims, or controversies arising out of or in any way relating to the Affiliate Terms, shall be governed by, construed under, and enforced in accordance with the laws of the State of Connecticut, without regard to conflict of laws principles. Both you and EZ4X4 agree to resolve all disputes related to the Affiliate Terms, to the fullest extent permitted by law, by final, binding, and confidential arbitration in the County of New Haven, State of Connecticut, conducted by a single neutral arbitrator selected by EZ4X4.
By agreeing to this arbitration procedure, you agree to waive the right to resolve any such dispute through a trial by jury or judge or by administrative proceeding. All claims, disputes, or causes of action under the Affiliate Terms, whether by you or EZ4X4, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity.
The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. The Affiliate Terms are made under the provisions of the Federal Arbitration Act (9 U.S.C., Sections 1-14) ("FAA") and will be construed and governed accordingly.
Notwithstanding the arbitration requirement, either party may bring an individual action in small claims court for disputes or claims within that court's jurisdiction, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction. In any arbitration proceeding, the arbitrator shall allocate costs and expenses (including reasonable attorneys' fees) between the parties based on the arbitrator's determination of the relative merits of each party's claims and defenses, with the substantially prevailing party entitled to recover its reasonable costs and attorneys' fees.
If any provision of these Affiliate Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Affiliate Terms shall otherwise remain in full force and effect.
EZ4X4's failure to enforce any right or provision of these Affiliate Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of EZ4X4.
33. Force Majeure
Neither party will be liable for any delay, failure in performance, or interruption of services (including tracking, reporting, or payment of commissions) to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, supply chain disruptions, governmental actions, internet or telecommunications failures, platform outages or restrictions (including those affecting the Portal or Approved Media), power failures, and system or hosting interruptions. Performance will be excused for the duration of the Force Majeure event, and the affected party will use reasonable efforts to resume performance as soon as practicable.
34. Assignment
You may not assign, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, the Affiliate Terms or any of your rights or obligations under the Affiliate Terms, without the prior written consent of EZ4X4, which consent may be withheld in EZ4X4's sole discretion. Any purported assignment, transfer, or delegation by you without such consent shall be null and void and of no force or effect.
EZ4X4 may assign, transfer, or delegate the Affiliate Terms or any of its rights or obligations hereunder to any third party without restriction and without your consent, including but not limited to in connection with any merger, acquisition, reorganization, sale of assets, or by operation of law. Upon any such assignment by EZ4X4, you agree to execute any documents reasonably requested to effectuate the assignment.
Revised 02/03/2026