Affiliate Terms of Service

Last updated: April 25, 2026

1. Scope and Applicability

These Affiliate Terms of Service ("Affiliate Terms") supplement the general ActiPatch® Terms of Service and govern your participation in the ActiPatch® Affiliate Program, including access to the affiliate portal, referral link tools, commission tracking, and related services (collectively, the "Affiliate Services") offered by Electrome Corporation ("Electrome," "we," "us"). To the extent these Affiliate Terms conflict with the general Terms of Service, these Affiliate Terms control with respect to the Affiliate Services.

By creating an affiliate account, you represent and warrant that you meet all eligibility requirements in Section 2 and that you accept these Affiliate Terms, the general Terms of Service, and the Affiliate Privacy Policy.

2. Eligibility

  • You must be at least 18 years old and legally able to enter into binding agreements.
  • You must provide accurate and truthful registration information, including your full legal name, email address, and phone number.
  • You must not be currently suspended or terminated from any prior Electrome program.
  • Businesses, LLCs, and sole proprietorships may apply; you represent that you have authority to bind the entity to these Affiliate Terms.
  • Electrome reserves the right to accept or reject any affiliate application at its sole discretion.

3. Account Activation and Onboarding

Upon submission of your application, your affiliate account enters a "pending" status. Activation requires:

  • Review and approval by the Electrome affiliate operations team (typically within 48 hours).
  • Execution of a Non‑Disclosure Agreement ("NDA") covering confidential pricing, commission structures, and proprietary sales materials.
  • Execution of the Affiliate Agreement, which incorporates these Affiliate Terms by reference and sets out your specific commission tier, payment terms, and territory (if applicable).

You may not begin referring customers or using ActiPatch® brand materials until your account status is "active."

4. Referral Links and Attribution

  • Upon activation, you will receive a unique affiliate code and a set of audience‑specific referral links (consumer, provider, retailer, affiliate, and investor).
  • You must use only the referral links generated through the affiliate portal. Modifying, masking, or cloaking referral URLs in ways that interfere with attribution tracking is prohibited.
  • A referral is attributed to you when a visitor clicks your referral link, a first‑party cookie records the attribution, and the visitor subsequently creates an account or completes a qualifying purchase within the cookie attribution window (currently 90 days).
  • Electrome reserves the right to adjust the attribution window with 30 days' written notice.

5. Commission Structure and Payment

Commission Tiers. Your commission rate is determined by your assigned tier, as set forth in your executed Affiliate Agreement or as displayed in the affiliate portal. Electrome may update commission tiers with 30 days' advance notice; changes apply prospectively to new referrals only.

Qualifying Transactions. Commissions are earned on net revenue from qualifying transactions attributed to your referral links. Refunds, chargebacks, fraudulent orders, and self‑referrals are excluded from commission calculations.

Payment Schedule. Commissions are calculated monthly and paid on a net‑30 basis following the close of each calendar month. Payments are made via ACH direct deposit or PayPal (as selected in your affiliate portal settings). You are responsible for providing accurate payment information.

Minimum Payout. Payments are issued when your accrued balance meets or exceeds fifty U.S. dollars ($50). Balances below the threshold roll forward to the following month.

Tax Obligations. You are solely responsible for all taxes on affiliate income. If you are a U.S. person and earn $600 or more in a calendar year, you must provide a completed W‑9 form. Non‑U.S. persons must provide a W‑8BEN or applicable tax form. Electrome will issue a 1099‑NEC where required by law.

6. Promotional Guidelines

You agree to the following when promoting ActiPatch® products:

  • Truthful Claims. All promotional statements must be truthful, non‑misleading, and consistent with FDA‑cleared labeling for ActiPatch® and RecoveryRx®. You may not make medical claims, guarantees of efficacy, or endorsements that imply clinical outcomes beyond those supported by the product labeling.
  • FTC Compliance. You must clearly and conspicuously disclose your material connection to Electrome in all promotional content, in accordance with the FTC Endorsement Guides (16 CFR Part 255). Example disclosure: "I earn commissions on sales made through my referral links."
  • Brand Usage. You may use ActiPatch® logos, images, and marketing materials only as provided through the affiliate portal. You may not modify, alter, or create derivative works from brand assets without prior written approval.
  • Prohibited Channels. You may not promote through unsolicited email (spam), paid search ads bidding on "ActiPatch®," "RecoveryRx®," or "Electrome" trademarks, misleading pop‑ups, or any method that violates applicable law or platform terms of service.
  • Social Media. When promoting on social media platforms, you must comply with each platform's advertising policies in addition to these Affiliate Terms.

7. Confidentiality

You acknowledge that commission rates, pricing tiers, internal sales data, unreleased product information, and portal analytics constitute confidential information. You agree not to disclose confidential information to any third party without Electrome's prior written consent. This obligation survives termination of your affiliate account.

8. Intellectual Property

"ActiPatch," the ActiPatch® logo, "Electrome," "ActiPatch®," "RecoveryRx®," and related marks are trademarks of Electrome Corporation or its licensors. You receive a limited, revocable, non‑exclusive license to use approved brand materials solely for promoting ActiPatch® products through authorized channels during the term of your active affiliate status. All rights not expressly granted are reserved.

9. Prohibited Conduct

You agree not to:

  • Refer yourself, your own accounts, or fictitious persons to earn commissions
  • Use cookie stuffing, ad injection, toolbar installs, or other deceptive attribution methods
  • Make false, misleading, or unsubstantiated health claims about ActiPatch® products
  • Impersonate Electrome, its employees, or its healthcare partners
  • Engage in any activity that would violate HIPAA, the FTC Act, the CAN‑SPAM Act, or any applicable state or federal law
  • Share, resell, or sublicense your affiliate credentials or referral links to unauthorized third parties

10. Term and Termination

  • Your affiliate enrollment continues until terminated by either party.
  • You may terminate your affiliate account at any time by contacting bioelectrictherapy@electrome.com or through your portal settings.
  • Electrome may suspend or terminate your account immediately for violation of these Affiliate Terms, the NDA, the Affiliate Agreement, or any applicable law. We may also terminate without cause with 30 days' written notice.
  • Upon termination, earned and unpaid commissions meeting the minimum payout threshold will be paid in the next regular payment cycle. Pending commissions below the threshold are forfeited.
  • Termination does not release you from confidentiality obligations or liability for pre‑termination conduct.

11. Disclaimer of Warranties

The Affiliate Services are provided "AS IS" and "AS AVAILABLE." Electrome disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement. Electrome does not guarantee any level of referral traffic, conversions, or commission earnings.

12. Limitation of Liability

To the maximum extent permitted by law, Electrome shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your participation in the Affiliate Program, including without limitation lost commissions, lost profits, or reputational harm. Electrome's aggregate liability for any claim arising under these Affiliate Terms shall not exceed the total commissions paid to you in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Electrome and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your promotional activities, (b) your breach of these Affiliate Terms, the NDA, or the Affiliate Agreement, (c) your violation of applicable law, including FTC or FDA regulations, or (d) any third‑party claim related to content you create or distribute in connection with the Affiliate Program.

14. Independent Contractor

You are an independent contractor and not an employee, agent, joint venturer, or partner of Electrome. Nothing in these Affiliate Terms creates an employment or agency relationship. You are solely responsible for your own business expenses, insurance, and tax obligations.

15. Governing Law and Dispute Resolution

These Affiliate Terms are governed by the laws of the State of California, without regard to conflict‑of‑law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

16. Modifications

We may update these Affiliate Terms from time to time. Material changes will be communicated by email and through the affiliate portal at least fourteen (14) days before they take effect. Continued participation in the Affiliate Program after the effective date constitutes acceptance of the updated Affiliate Terms.

17. Contact

Electrome Corporation
Affiliate Operations
200 N Vineyard Blvd
Ste. A325 # 5743
Honolulu, HI 96817
Phone: (808) 300-5703
Email: bioelectrictherapy@electrome.com · General: bioelectrictherapy@electrome.com