Partner Terms

Foger Partner & Affiliate Program Operating Agreement

Last Updated: 2026

This Affiliate Program Operating Agreement (“Operating Agreement”) governs your participation in the Foger Partner & Wholesale Referral Program (the “Program”) operated by Foger US (“we,” “us,” or “our”). “You” or “your” means the applicant/partner.

BY SUBMITTING AN APPLICATION OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN.

1. Eligibility & Age Restriction (Strict Compliance)

You expressly represent and warrant that you are at least twenty-one (21) years of age (or the legal smoking/vaping age in your jurisdiction). The Program strictly prohibits the promotion of vape products to minors.

  • Any partner marketing or distributing materials to individuals under 21 will be subject to immediate and permanent termination with full forfeiture of pending commissions.

2. Marketing & Promotional Guidelines

  • FTC Disclosure Compliance: You must clearly and conspicuously disclose your commercial relationship with Foger US on any page, social media post, video, or content where an affiliate link or coupon is present (e.g., “#ad,” “#sponsored,” or “Commission earned”).
  • FDA & PMTA Regulatory Compliance: You must not make any health, smoking-cessation, modified-risk, or therapeutic claims regarding Foger vape hardware or accessories.
  • Prohibited Promotional Methods: Spam (unsolicited commercial email), cookie-stuffing, trademark PPC bidding (bidding on “Foger”, “Foger Vape”, or misspellings on Google/Bing Ads), and listing codes on generic discount coupon scraper sites are strictly prohibited.

3. Commission Structure & Attribution

  • Qualifying Transactions: Commissions are earned solely on legitimate, fully paid wholesale/retail orders successfully fulfilled and not canceled or refunded.
  • Commission Rate: You earn a commission of 15%, calculated on the merchandise subtotal of each Qualifying Transaction after discounts and excluding shipping and taxes.
  • Referral Tracking: Referrals are tracked via your unique affiliate link or assigned coupon code using a 90-day tracking window (Last Click attribution).
  • Prohibited Traffic: Commissions will NOT be paid for personal purchases/self-referrals or traffic from unauthorized brand keyword bidding.

4. Payment Terms & Settlement Schedule

  • Payment Cycle: Commissions are settled on a monthly cycle. Commissions for orders that are fully paid, fulfilled, and past the applicable refund/return window become eligible for payout in the first week of the following month. Balances below the minimum payout threshold roll over to the next cycle.
  • Deductions & Chargebacks: Cancellations, chargebacks, returns, or fraudulent orders will be deducted from commission balances or, if the related commission has already been paid out, from the next settlement cycle.
  • Payout Methods & Choice: Verified earnings at or above the minimum payout threshold ($20 USD) are disbursed, at your choice, either (a) in cash at 15% via PayPal, or (b) as a Foger US store gift card at 20% of the same qualifying sales base. Gift cards are issued to the email address registered on your affiliate account, expire 12 months from the date of issue, and are redeemable only at foger-us.com.

5. Independent Contractor Status

Nothing in this Operating Agreement creates any employment, agency, franchise, or formal joint-venture relationship. You operate strictly as an independent marketing partner.

6. Governing Law

This Agreement and any disputes arising out of or related to this Program shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

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