AFFILIATE AGREEMENT

VISION FROM THE FOUNDER

Hey beauty…..I cannot even share with you how blessed and excited I am that you have found your way here into this wonderful community at Kantha Bae. The story of Kantha Bae is unfolding to impact so many people so much larger than I could have ever asked or thought. I want to extend a special invitation full of gratitude and hope and invite you to dive a little deeper into the story and become one of the story-tellers. Our unique affiliate program will allow you to share the Kantha Bae story, size inclusive clothing, homewares, and handmade accessories while also seeing the benefit of a small commission and discount code to share with others. This program is specifically designed to be an inclusive, dynamic, nurturing community of like minded individuals ready to share this story to the masses….because we CAN have the word “integrity” next to the word fashion. And we can have the words “fair wage” on our website and it is TRUE for everyone from our makers, partners, and employees in the KB story. We CAN shift a culture with small intentional moment by moment choices to bring hope, light, and kindness to all that we say and do. Let’s walk with open hands together and tell a story of hope.
Welcome to the KB Fam….

With open hands,
Krista
“Visionary, Founder”

AFFILIATE AGREEMENT

THIS AGREEMENT is made between two parties, hereinafter referred to as "Affiliate" and , Kantha Bae LLC, hereinafter referred to as "Company.”

RECITALS:

1. This agreement will begin at the time of sign up and will end after affiliate requests termination or Kantha Bae LLC sees fit to terminate.
2. KANTHA BAE has contracted this affiliate, and this affiliate has agreed to be contracted, for the purposes and on the terms and conditions set forth below.

AGREEMENTS:

For the reasons set forth above, and in consideration of the mutual agreements set forth below, the parties agree as follows:
1. Affiliate is to fulfill duties as a Program Affiliate which will be detailed below.
2. Affiliate will be paid commissions on or around the 1st of each month for commissions earned during the previous month. This pay will end once affiliate is terminated either by choice or when Kantha Bae LLC sees fit to terminate due to violation of terms or not fulfilling requests.
3. Affiliate will be required to provide a W-9 to Company at the start of this contract
4. Affiliate will be subject to receive a 1099 if earnings exceed $600 in a calendar year.
5. The Company reserves the right to cancel this agreement at any time and for any reason, without notice.

AFFILIATE DUTIES AND/OR TERMS OF PROGRAM:

1: I agree to any requests made by Kantha Bae for me to be able to participate in this program/partnership which can be found listed in the sections below.
2: I agree to organically/genuinely posting on my chosen and best performing social media platforms as often as I am able.
3: I acknowledge that Kantha Bae is allowing me this opportunity as an affiliate to be a content creator. By being contracted as a content creator for Kantha Bae I acknowledge that the majority of the content I post for Kantha Bae needs to be original content that I create myself and that by original content that means I ensure I’m not only posting content that is created by Kantha Bae or any other parties.
4: I agree to tag @kanthabae in any posts made about them or content of theirs I use and give them credit on any designs/photos/content/words that belongs to them.
5: I agree to be love, light + kindness to the Kantha Bae Employees, fellow affiliates/collabs and the rest of the Kantha Bae community. This means to refrain from bullying, hate speech and any slurs of racial, cultural, political, religious or sexual nature.
6: I agree to be a positive voice in the Kantha Bae community that is happy to help answer questions and love on customers if a need is seen.
7: I acknowledge that if I earn $600 or more in the year whether that be via cash or gift card that I will be subject to a 1099 and will have to pay taxes on the money I have earned. And that should I end up meeting any other tax requirements I am subject to them as well. This is something that must be done legally and is out of Kantha Bae’s control.
8: I agree to hold all things that Kantha Bae shares with me about their business confidential and to not take any ideas/designs etc... as my own or share them with others.
9: I acknowledge and agree to that my link/code is not valid for Kantha Bae's Bestie Restocks in my earning commissions or my followers receiving the discount offered. I understand that the codes will not work for myself or the customer if there is an attempt to use in a Bestie Restock.
10: I acknowledge Kantha Bae is not responsible to reimburse commissions if a customer forgets to use my link/code or if my link and/or code fail to work.
11: I agree to the amount of commissions/perks proposed on the registration page/invite Kantha Bae provided me.
12: I agree that if I have any problems with Kantha Bae’s product, Kantha Bae’s customers, Kantha Bae’s community members, Kantha Bae’s fellow affiliates/collabs or any of the Kantha Bae Employees to address it privately via email to the Kantha Bae staff to keep peace and love within the community.
13: I acknowledge that I’m not to discuss with anyone in or outside of the affiliate program anything regarding structures, perks, commissions, percentages, payment information etc… of the affiliate program. I acknowledge those matters are part of a personal agreement/contract between myself and Kantha Bae and that it is information to be kept in confidence between myself and Kantha Bae LLC only.
14: I acknowledge that while being an affiliate for Kantha Bae LLC that I am not to promote for any competing brands and that I am subject to submitting any potentially competing brands I am considering promoting for review/discussion with Kantha Bae.
15: I acknowledge that if I break any of these agreements at any time I’m in violation of my contract with Kantha Bae LLC and they reserve the right to remove me as a Maven/collab/affiliate as well as take legal actions they see fit.
16: I acknowledge by signing this document and/or marking yes/agree to any electronic agreement of these terms on Kantha Bae's affiliate registration pages/emails that I agree to the terms and have entered into a contract with Kantha Bae LLC that is valid until the partnership is verbally ended via email and I'm removed from their Maven/affiliate/collab program.

NON-COMPETE CLAUSE:

Kantha Bae LLC and other brand subsidiaries reserves the right in its sole discretion to terminate any independent subcontractor affiliate agreements should the affiliate choose to promote another brand in likeness to Kantha Bae including but not limited to fashion designs, fabrics specific to kantha embroidered garments or Indian silks, styling, brand language, trade-marked branding or any brand in direct competition or endeavoring to compete with Kantha Bae. The affiliate hereby agrees that she/he will not, without the prior written consent of Kantha Bae LLC, either directly or indirectly promote, attempt to promote, and/or contact for the purpose of promoting a like and/or similar brand to Kantha Bae LLC during her/his time as a Kantha Bae Affiliate or for 6 months after closing her/his term. The Affiliate shall not, either by his/her own actions or on behalf of any other party or company competing or endeavoring to compete with the Company, violate the provisions of this clause.

RELATIONSHIP OF PARTIES:

A. The parties expressly agree that the relationship intended between Affiliate and Company shall be that of an independent contractor only and that this Agreement is not intended to create the relationship of principal and agent, employer and employee, or master and servant.
B. Taxes. Affiliate shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. No federal, state, or local income tax or payroll tax of any kind shall be withheld or paid by Company on behalf of Affiliate. Affiliate understands that Affiliate is responsible to pay Affiliate's income taxes in accordance with the law. If Affiliate is not a corporation, Affiliate further understands that Contractor may be liable for self-employment (social security) tax, to be paid by Affiliate according to law. Affiliate will be required to provide a W-9 to Company.
C. Worker's Compensation. No worker's compensation insurance shall be obtained by Company for Affiliate or employees of Affiliate.
D. This contract contains the complete agreement of the parties concerning contract by the Affiliate for the purposes set forth above and supersedes all other agreements, both oral and written between the parties.

NON-ASSIGNMENT

Any interests pertaining to the Affiliate under the Agreement are not subject to any claims of his/her creditors and may not be voluntarily or involuntarily assigned, alienated or encumbered.

OWNERSHIP OF INTELLECTUAL PROPERTY

Throughout the Affiliate’'s term of assignment with Kantha Bae LLC, whether during the fulfillment of his/her normal duties and responsibilities or others which may be specifically assigned to the Affiliate, either on his/her own or in connection with another individual, the Affiliate develops or creates any such intellectual property, including but not limited to photography and video for marketing for Kantha Bae LLC, artwork and design. In addition, the Affiliate acknowledges and agrees that any and all such intellectual property, copyrighted and/or other intellectual property rights can be used by and without limitations Kantha Bae LLC and subsidiaries.. The Affiliate hereby waives, unconditionally and irrevocably, any and all moral or any such rights of a similar nature with respect to any work where a copyright exists, may exist or later exists, in which the copyright is created by the Affiliate during assignment in each jurisdiction worldwide, and that such rights may be waived for each respective jurisdiction. The waiver hereby extends to any and all respective acts of Kantha Bae LLC, its successors, assigns, licensees and any acts of third party individuals with the authority of the Company, its successors and/or assigns.

ENTIRE AGREEMENT

This Agreement contains the complete and entire agreement between the parties, and there are no other promises or conditions, oral or written, outside of what is contained in this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

SEVERABILITY

Should any provision contained in this Agreement be deemed invalid or unenforceable, in part or in whole, such invalidity or un-enforceability will attach only to that particular provision or part of this Agreement while the remaining aspects of said provision and all other provisions of this Agreement shall remain in full force and effect.

APPLICABLE LAW

The provisions of the Agreement shall be interpreted in accordance with the current laws of the state of Tennessee.

COPY OF AGREEMENT

The Affiliate acknowledges receipt of a copy of this Agreement signed by both Kantha Bae LLC and the Affiliate. IN WITNESS WHEREOF, Kantha Bae LLC has caused this Agreement to be executed by its duly authorized officers and the Affiliate has set their hand as of 04/01/2022.

CONFIDENTIALITY - UNAUTHORIZED DISCLOSURE

During the course of his/her contract, the Affiliate will encounter Confidential Information belonging to the Company and therefore it is of critical importance for the Affiliate to understand that said Confidential Information should not be disclosed to third parties under any circumstances except as allowed by the terms of this Agreement. Thus, in order to protect the privacy of the Company, and to protect the Company from the negligent or malicious actions of the Affiliate during the course of the contract and thereafter, the Affiliate hereby agrees not to divulge, release, or remove for his/her use (or that of any other individual or company) any documentation, information, or knowledge pertaining to the operation or business of the Company or any of its subsidiaries or affiliates.

Furthermore, the Company and Affiliate agree as follows:
Confidential Information includes, but is not limited to: Copyrighted Material, Trade Secrets, Supplier information, Products, Product Designs and Patterns, Processes, Prices, Costs, Discounts, Customer Lists, Marketing Lists, Business Affairs, Deals In Negotiation, Future Plans, Inventions, Technical Matters, Passwords for systems and digital management and company operations, team contact information for every KB employee, affiliate or contractor. Confidential Information excludes that which is public knowledge. Affiliate shall not copy or modify any Confidential Information without prior written consent of the Company. Affiliate shall, upon termination of contract (whether voluntary or involuntarily), immediately return to the Company any and all written documents and/or materials of a confidential nature.

Should the Affiliate, during or after termination of contract, disclose or threaten to disclose any information of a confidential nature, the Affiliate shall be deemed in violation of this Agreement, and the Company shall be entitled to obtain an injunction to restrain the Affiliate from disclosing or further disclosing, in whole or in part, any Confidential Information. The Company shall also be entitled to pursue other legal remedies, as may be deemed appropriate, for any loss and/or damages incurred as a result of any unauthorized disclosure made by the Affiliate during or after termination of contract agreement.

REMEDIES

Should the Affiliate, at any time, violate any of the covenants or agreements set forth in "CONFIDENTIALITY - UNAUTHORIZED DISCLOSURE," the Company reserves the right to immediately terminate the contract of the Affiliate, and terminate all its obligations to make any further payments under this Agreement. The Affiliate acknowledges that the Company could incur permanent and irreversible damage and injury through a violation of the provisions within "CONFIDENTIALITY - UNAUTHORIZED DISCLOSURE," and as such agrees that the Company shall be entitled to any legal remedy or injunction, as may be deemed appropriate by the Company or a court of competent jurisdiction, from any actual or threatened breach of this Agreement.

AGREEING TO TERMS
Please note: by participating in Kantha Bae’s affiliate/collab programs such as sharing of your link/code, accepting commissions via payout or gift card you have agreed to the terms set forth by Kantha Bae LLC in this disclosure. .

By entering this agreement Kantha Bae will provide the benefits listed out to you via email/at sign up.

If you would like a PDF copy of these benefits please request it via support@kanthabae.com.

Kantha Bae reserves the rights to make edits and/or update provisions on these agreements and terms and benefits at any time without notice.