AFFILiATE MARKETING TERMS OF SERVICE

These Terms govern your participation in the Medly Wine Co. Affiliate Program (the “Program”). By enrolling, you agree to be bound by them. If you do not agree, do not participate.

1. Eligibility

To participate, you must:

Be at least 21 years of age.
Reside in the United States.
Maintain an audience that is predominantly 21 years of age or older.
Not hold, or be employed by an entity that holds, any federal or state alcoholic beverage license or permit (including retailers, wholesalers, distributors, and importers), and not be an officer, employee, or agent of any such entity.
Not be an employee, officer, or contractor of Medly Wine Co., or an immediate family member of one, unless expressly approved in writing.

We may approve or decline any application at our sole discretion and may require verification of the above at any time.

2. Enrollment and Your Affiliate Link

Upon approval, you will receive a unique affiliate link. You are responsible for all activity conducted under your link and account credentials. You may not share, sell, transfer, or sublicense your link.

3. Commissions and Qualifying Purchases

Commission rate: variable based of the net product subtotal on qualifying orders and program.

Attribution window: 30 days from the customer’s click on your affiliate link, last-click attribution.

A purchase qualifies for commission only if all of the following are true:

The order is placed by a new customer who clicked your affiliate link within the attribution window.
The order is completed, paid in full, and not cancelled, refunded, or charged back.
The order is shipped to a state in which Medly is authorized to ship.
The customer’s age is verified at delivery.
The order was not placed by you, a member of your household, or an account you control.

Commissions are not paid on: taxes, shipping, gift cards, order discounts, orders placed with a stacked or unauthorized discount code, subscription renewals beyond the initial order, or orders later reversed for any reason.

We reserve the right to change commission rates, attribution windows, and qualification criteria prospectively upon notice. Changes do not apply retroactively to commissions already earned.

4. Payment

Commissions are held for a 30-day return and chargeback window before becoming payable.
Payouts are issued monthly, at the beginning of the month for the prior period’s cleared commissions.
You are an independent contractor and are solely responsible for all taxes on amounts paid to you. We will require a completed IRS Form W-9 and will issue Form 1099 where required.
Unclaimed balances may be forfeited after 12 months of account inactivity.

5. Paid Advertising Is Prohibited

You may not use any form of paid advertising to promote Medly or drive traffic to your affiliate link. This prohibition is absolute and includes, without limitation:

Paid search advertising on any engine (Google Ads, Bing Ads, or otherwise), including bidding on “Medly,” “Medly Wine,” “drinkmedly,” any variation, misspelling, or combination of these, and any of our product names.
Paid social advertising, boosted posts, and promoted content on any platform, including Meta, TikTok, Instagram, X, Pinterest, Reddit, Snapchat, YouTube, and LinkedIn.
Display, native, banner, retargeting, programmatic, or in-app advertising.
Paid placements, sponsored newsletter slots, sponsored articles, paid influencer whitelisting, or purchased content distribution on third-party properties.
Paid traffic sources of any other kind, including pop-ups, pop-unders, toolbars, browser extensions, adware, and incentivized or purchased clicks.

You also may not direct-link your affiliate URL from any advertisement, or use any URL shortener, redirect, cloaking, or intermediate landing page to obscure paid traffic.

Any violation of this Section 5 will result in immediate termination from the Program and forfeiture of all unpaid commissions. We monitor traffic sources and ad transparency libraries and reserve the right to reverse commissions attributable to paid traffic.

Organic content — your own posts, videos, newsletters, blogs, and word of mouth — is the intended and only permitted channel.

6. Alcohol Advertising Compliance

Medly is a regulated alcoholic beverage product. Your promotional content must comply with the following at all times.

Audience

Promote only to audiences that are at least 21 years of age. Where a platform offers age-gating or age-restricted content settings, you must enable them. Do not promote Medly on any platform, channel, or community directed primarily at minors.

Prohibited content

Do not create or share content that:

Depicts, encourages, or glamorizes excessive, rapid, or competitive consumption.
Shows or implies consumption by anyone under 21, or features individuals who are or appear to be under 25 consuming or holding the product.
Associates Medly with operating a vehicle, boat, machinery, or with any activity requiring alertness.
Associates Medly with athletic achievement, sexual success, social or professional advancement, or the resolution of personal problems.
Depicts consumption in connection with pregnancy, breastfeeding, or medical treatment.

Prohibited claims

Do not make, and do not imply, any of the following:

Health, wellness, or therapeutic claims. Do not state or suggest that Medly is healthy, healthier, good for you, hangover-free, hangover-preventing, “won’t make you feel bad the next day,” anti-inflammatory, detoxifying, or that it aids sleep, weight loss, gut health, or any other health outcome.
Nutritional or compositional claims beyond the exact language we publish. This includes any statement about sugar, carbohydrates, calories, sulfites, additives, or organic status. Do not cite numbers, ranges, comparisons, or charts of your own creation.
Diet-program claims, including keto, paleo, Whole30, low-carb, or macro-based framing, unless we have expressly approved the specific wording in writing.
Comparative or disparaging claims about other brands or the wine industry generally. Do not state or imply that other wines are unsafe, contain harmful ingredients, are “full of chemicals,” or are inferior in composition.
Any claim about how the wine will make a person feel physically.

If you want to talk about what is in the wine, use only the language published on drinkmedly.com or supplied by us. When in doubt, ask before you post.

Advertiser identification

Where required by applicable regulation, promotional content must identify Medly Wine Co. as the responsible advertiser. We will supply the required language for any format where this applies.

Shipping

Do not promise or imply that Medly ships to any particular state, or make any statement about delivery timing. Direct customers to our site for shipping availability.

7. FTC Disclosure Requirements

You must clearly and conspicuously disclose your material connection to Medly in every piece of content that promotes us or includes your affiliate link. This is a legal requirement under the FTC Endorsement Guides, and it is a condition of participation.

How to disclose properly

Use unambiguous language: “#ad,” “#affiliate,” “Paid partnership with Medly,” or “I earn a commission on purchases through this link.”
Place the disclosure before or at the very start of the endorsement — above the fold, not behind a “more” link, not at the end of a caption, and not buried in a block of hashtags.
In video, disclose both verbally and on screen, and repeat it if the video is long or likely to be viewed in segments.
In live streams, disclose periodically throughout.
In audio, disclose verbally.
Do not rely solely on a platform’s built-in disclosure tool. You may use it in addition to, but not instead of, your own disclosure.
Disclose in the same language as the content itself.

Honesty requirements

You must have actually purchased and tried the product before endorsing it.
All statements about your experience must be truthful and reflect your genuine opinion.
Do not write, solicit, or purchase reviews — for Medly or against any competitor. Do not post reviews on retail or review platforms without disclosing your affiliate relationship. Do not create or operate multiple accounts to amplify content.

Failure to disclose properly is grounds for immediate termination.

8. Additional Prohibited Conduct

You may not:

Represent yourself as an employee, spokesperson, or official representative of Medly Wine Co., or state that your content is authorized, endorsed, or created by us.
Register, own, or use any domain name, social media handle, username, or app name containing “Medly,” “drinkmedly,” or any confusingly similar variation.
Create websites, landing pages, or accounts designed to appear as official Medly properties.
Send unsolicited commercial email, SMS, or direct messages. Any email promotion must comply with the CAN-SPAM Act and any SMS promotion with the TCPA, and must be sent only to recipients who have opted in to hear from you.
Post your affiliate link to coupon sites, deal aggregators, cashback sites, forums, comment sections, or communities where self-promotion is not permitted, or engage in spam posting of any kind.
Use cookie stuffing, forced clicks, iframes, automated traffic, bots, click farms, or any method of generating clicks or orders not resulting from genuine consumer interest.
Offer unauthorized discounts, rebates, or cash back on Medly purchases, or misrepresent pricing or promotions.
Place your affiliate link on any site containing sexually explicit, violent, hateful, discriminatory, defamatory, or illegal content, or content promoting substance abuse.
Purchase through your own link or arrange for others to place orders on your behalf to generate commissions.
Take any action that could reasonably damage the reputation or goodwill of Medly Wine Co.

9. Use of Our Brand Assets

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Medly name, logo, and marketing assets we provide, solely to promote Medly under these Terms. You may not alter, distort, recolor, or combine our logo with other marks. All goodwill from your use inures to us. This license terminates automatically when your participation ends, and you must promptly remove our assets from your properties.

You retain ownership of your content. You grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and display content you create promoting Medly across our own marketing channels, with attribution where practical.

10. Relationship of the Parties

You are an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, franchise, or agency relationship. You have no authority to make representations, warranties, commitments, or agreements on our behalf.

11. Term, Termination, and Consequences

Either party may terminate participation at any time, for any reason, with or without notice.

Upon termination, you must immediately cease using your affiliate link and all Medly brand assets, and remove or update existing content as we reasonably request.

If we terminate you for violating these Terms — including Section 5 (paid advertising), Section 6 (alcohol compliance), or Section 7 (disclosure) — all unpaid and pending commissions are forfeited, and we may reverse commissions already attributed to non-compliant activity. We may also pursue any other remedy available to us.

Terminated affiliates may not re-enroll under a different name, entity, or account.

12. Monitoring and Audit

We monitor affiliate content and traffic for compliance. You agree to cooperate with reasonable requests for information about your promotional methods and traffic sources, and to promptly remove or correct any content we identify as non-compliant. Failure to remedy within 5 business days of notice is grounds for termination.

13. Indemnification

You agree to indemnify, defend, and hold harmless Medly Wine Co., its officers, employees, and agents from any claim, demand, loss, liability, penalty, or expense (including reasonable attorneys’ fees) arising out of your participation in the Program, your promotional content, your breach of these Terms, or your violation of any law or regulation.

14. Disclaimers and Limitation of Liability

The Program is provided “as is.” We make no guarantee of earnings, traffic, tracking accuracy, or continued availability of the Program. To the maximum extent permitted by law, our total liability to you arising out of the Program will not exceed the total commissions paid to you in the 6 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

15. Modification

We may modify these Terms at any time by posting an updated version. Material changes will be communicated to active affiliates by email. Continued participation after the effective date constitutes acceptance.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles.

17. Privacy

We process your personal information in accordance with our Privacy Policy. You are responsible for complying with all applicable privacy laws in connection with any data you collect from your own audience.

18. Entire Agreement; Severability

These Terms constitute the entire agreement between you and Medly Wine Co. regarding the Program and supersede any prior understanding. If any provision is held unenforceable, the remainder continues in full force.

Questions: hello@drinkmedly.com