Welcome to the Five Star Napkins Family!

Affiliate Marketing Program Terms & Conditions

Effective Date: July 7, 2025

1. Introduction

Welcome to the Five Star Napkins Affiliate Marketing Program (“Program”), operated by Five Star Napkins, Inc., a New Jersey corporation located at 306 Jersey Avenue, Spring Lake, NJ 07762, USA (“Five Star Napkins,” “we,” “us,” or “our”). By enrolling in or participating in the Program, you ("Ambassador" or “Affiliate” or “you”) agree to be bound by these Terms and Conditions (“Agreement”). If you do not accept these terms, do not participate in the Program. This Agreement supersedes all prior versions.

2. Eligibility

  • Affiliates must be at least twenty-one (21) years of age.
  • Affiliates must possess a valid method to receive payments via Tremendous.
  • We reserve the right, at our sole discretion and for any reason or for no reason, to approve or deny any Affiliate application.

3. Program Participation

  • Upon acceptance, Affiliates will receive unique referral codes and/or links.
  • Commissions are earned solely for qualifying sales directly tracked via your assigned referral code or link.
  • You agree to comply with all applicable federal, state, and local laws and regulations.
  • Participation is as an independent contractor only. Nothing herein creates an employment, partnership, agency, or joint venture relationship between you and Five Star Napkins.

4. Commissions and Payment

  • Commission rates are subject to change at Five Star Napkins's sole discretion. While we may attempt to provide notice of any changes, such notice is not required.
  • Payments will be made via Tremendous.
  • No commission will be paid within the first fourteen (14) days following a sale, to account for potential returns, cancellations, or refunds.
  • Commissions are contingent on Five Star Napkins's receipt of payment from the referred customer; returned, refunded, or canceled orders will void commissions and may result in a negative balance.
  • Five Star Napkins reserves the right to review and verify commissions. Five Star Napkins may withhold, delay, offset, or deduct any payment where there is suspicion of fraud, abuse, or breach of this Agreement.
  • No minimum payout threshold applies.

5. Coupon and Deal Sites

  • Affiliates are strictly prohibited from posting or allowing their codes to be posted on coupon or deal aggregation sites, including but not limited to CouponBird, Honey, and similar sites. Violation will result in immediate termination and forfeiture of unpaid commissions.
  • Affiliates are encouraged to promptly report unauthorized postings of their codes to Five Star Napkins.

6. Intellectual Property and Content Rights

  • Promotional materials must be used in accordance with Five Star Napkins's brand guidelines, as provided or published.
  • By participating, you grant Five Star Napkins an irrevocable, royalty-free, perpetual, worldwide, assignable, sublicensable, and transferable right and license to use, reproduce, edit, modify, adapt, create derivative works from, display, publish, broadcast, distribute, and otherwise exploit, in any medium and for any purpose (including advertising, marketing, promotions, the Five Star Napkins website, and social media), all content, media, or material you generate or publish relating to Five Star Napkins products or the Program (“Affiliate Media”).
  • You irrevocably waive any right of attribution and any moral rights related to Affiliate Media.
  • You represent and warrant that all Affiliate Media is your original work, does not infringe upon any third-party rights, and that you possess all rights, consents, and permissions necessary to grant the rights herein.
  • Content is unrestricted as to form, provided it is lawful and does not promote illegal activity.

7. Confidentiality

Affiliates must maintain confidentiality and not disclose any non-public Five Star Napkins information, including but not limited to commission structures, business strategies, or Program details, except as required by law or as expressly authorized in writing by Five Star Napkins.

8. Termination

  • Either party may terminate participation in the Program at any time, with or without cause, by providing written notice (including by email).
  • If Five Star Napkins terminates your participation, accrued commissions for valid, non-fraudulent referrals made prior to termination will be paid on the next regular payment date, in accordance with these Terms and Conditions.
  • Upon termination, you must immediately cease all use of Five Star Napkins branding, promotional materials, and referral codes or links.
  • Five Star Napkins may withhold unpaid commissions in the event of your breach of this Agreement. All rights granted to Five Star Napkins in relation to Affiliate Media will survive termination.

9. Limitation of Liability

  • To the maximum extent permitted by law, Five Star Napkins, its affiliates, subsidiaries, officers, directors, employees, agents, or licensors shall not be liable for any indirect, incidental, special, consequential, punitive, exemplary, or any loss of revenue, data, or profits, arising out of or related to this Agreement or the Program, even if advised of the possibility of such damages.
  • Five Star Napkins's total aggregate liability for any claims hereunder shall not exceed the total amount of commissions paid to you in the preceding six (6) months.

10. Indemnification

You agree to defend, indemnify, and hold harmless Five Star Napkins, its affiliates, employees, officers, agents, successors, and assigns from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys fees) arising out of or relating to: (a) your participation in the Program; (b) your breach of this Agreement; (c) your Affiliate Media; or (d) your violation of law or the rights of any third party.

11. Amendments

Five Star Napkins reserves the right to amend, modify, or update this Agreement at any time, in its sole discretion, without advance notice. Your continued participation in the Program after any amendment constitutes your acceptance of such changes.

12. Governing Law and Jurisdiction

  • This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
  • Any disputes arising under or concerning this Agreement shall be resolved exclusively in the state or federal courts located in or having jurisdiction over Monmouth County, New Jersey. You hereby consent to the personal jurisdiction of such courts.

13. Notices

All notices under this Agreement shall be sent to dmackinnon@fivestarnapkins.com and/or to Five Star Napkins, 306 Jersey Avenue, Spring Lake, NJ 07762, USA.

14. Entire Agreement and Acceptance

By participating in the Five Star Napkins Affiliate Marketing Program, you acknowledge that you have read, understand, and agree to be legally bound by this Agreement. Any violation of these Terms and Conditions may result in termination of your participation, forfeiture of commissions, and any remedies available to Five Star Napkins at law or in equity. This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and supersedes all previous proposals, negotiations, or communications.

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