1. Agreement to Terms

By enrolling in the Harkla Affiliate Program (“Program”), you (“Affiliate”) accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not participate.

2. Enrollment and Eligibility

Base Products, LLC (“Harkla,” “we,” “us,” “our”) may approve, deny, suspend, or terminate any application or existing account at its sole discretion and without prior notice.

3. Affiliate Obligations

3.1 Marketing Standards

  a. No Brand-Name Bidding or Misspellings. Affiliate shall not bid on “Harkla,” “Harkla.com,” or confusing variants in any pay-per-click, display, shopping, or social-advertising platform.

  b. No Coupon-Site Submissions. Affiliate shall not post, permit, or facilitate distribution of its links, codes, or coupons on any coupon, deal, or browser-extension site.

  c. Own Creative Permitted. Affiliate may develop its own creative assets provided they: (i) are truthful and non-misleading; (ii) comply with Section 3.3; and (iii) do not incorporate Harkla trademarks in paid-ad headlines, ad-copy, or URLs.

3.2 Traffic Quality Controls

  a. No direct-linking paid ads to Harkla.com; traffic must first land on Affiliate-controlled properties.

  b. No cookie-stuffing, forced redirects, iFrames, ad-ware, or similar techniques.

  c. No unsolicited bulk email/SMS; all outreach must comply with CAN-SPAM and TCPA.

  d. No incentivized traffic (cash-back, loyalty points, rebates) without Harkla’s prior written consent.

3.3 Legal and Content Compliance

Affiliate must:

  • Include clear and conspicuous affiliate disclosures in every medium per the 2023 FTC Endorsement Guides. Federal Trade Commission

  • Make only accurate, substantiated claims about Harkla products.

  • Place promotions only in brand-safe environments (no hate, violence, illegal, or obscene content).

  • Follow all advertising, privacy, and data-protection laws in each jurisdiction targeted, including GDPR and CCPA where applicable.

3.4 Confidentiality

Commission rates, performance data, and other non-public Program information constitute Harkla Confidential Information and may not be disclosed to third parties without express written consent.

3.5 Tax Documentation

Before any payment is issued, Affiliate must provide:

  • U.S. persons: a valid, signed Form W-9; failing to do so authorizes Harkla to withhold 24 % of payments as backup withholding. IRS

  • Non-U.S. persons: a valid Form W-8BEN (individual) or W-8BEN-E (entity); failing to do so authorizes Harkla to withhold 30 % of U.S.-source payments. IRS

4. Commissions and Payment

Commission rates, schedules, and payout thresholds are published separately in the Program dashboard and incorporated by reference. Harkla may audit traffic sources and withhold or claw back commissions obtained in violation of these Terms.

5. Intellectual-Property License

Harkla grants Affiliate a limited, non-exclusive, revocable, non-transferable license to use Harkla trademarks solely to identify Affiliate as a participant in the Program. No other trademark rights are granted. All goodwill accrues to Harkla.

6. Term; Termination

These Terms commence on the Effective Date and remain in force until terminated. Harkla may terminate this Agreement, or suspend or disable any Affiliate account, immediately and for any reason, including convenience, by providing written notice (email sufficient). Upon termination, (i) all licenses terminate; (ii) Affiliate must remove all Harkla links and creative within 24 hours; and (iii) unpaid commissions attributable to pre-termination violations are forfeited.

7. Data Protection

Affiliate shall implement commercially reasonable security measures to protect any personal data obtained through the Program and process such data only for lawful Program purposes, consistent with Harkla’s Privacy Policy and applicable data-protection laws.

8. Indemnification

Affiliate shall defend, indemnify, and hold harmless Harkla, its officers, employees, and agents from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Affiliate’s: (a) breach of these Terms; (b) marketing materials; (c) negligence, willful misconduct, or violation of law.

9. Limitation of Liability

EXCEPT FOR UNPAID COMMISSIONS DUE, HARKLA’S MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO AFFILIATE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. IN NO EVENT SHALL HARKLA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Relationship of Parties

The parties are independent contractors. Nothing herein creates a partnership, joint venture, franchise, employment, or agency relationship.

11. Governing Law; Venue

These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-laws principles. The state and federal courts located in Ada County, Idaho, shall have exclusive jurisdiction and venue for any dispute arising under or relating to these Terms, and Affiliate consents to personal jurisdiction therein.

12. Modifications

Harkla may modify these Terms at any time by posting an updated version on its website or Program portal. Continued participation after the effective date of a modification constitutes acceptance.

13. Assignment

Affiliate may not assign or transfer any rights or obligations under these Terms without prior written consent. Harkla may assign its rights and obligations at any time.

14. Severability; Waiver

If any provision is held invalid or unenforceable, the remaining provisions remain in full force. Failure to enforce any provision shall not constitute a waiver of future enforcement.

15. Entire Agreement

These Terms, together with any Program-specific policies or schedules referenced herein, constitute the entire agreement between the parties regarding the Program and supersede all prior or contemporaneous communications.

16. Contact

Questions regarding the Program or these Terms should be directed to:

[email protected]

Base Products, LLC (“Harkla,” “we,” “us,” “our”) values the privacy of affiliates (“you,” “Affiliate”) who participate in the Harkla Affiliate Program (“Program”). This Privacy Policy explains how we collect, use, disclose, and protect your personal information and what choices and rights you have.

1. Scope

This Policy applies solely to information obtained through the Program. It does not cover customer data processed through Harkla’s retail channels.

2. Information We Collect

We collect information directly from you (e.g., application forms) and automatically via cookies/pixels when you access the affiliate dashboard or link to Harkla.com.

3. Legal Bases & Uses

We process data in accordance with GDPR principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality. gdpr-info.eu

4. Disclosures & International Transfers

We share personal information only as necessary with:

• 
  

  Service Providers – payment processors, affiliate-tracking platform, cloud-hosting, email delivery.

  
  


• 
  

  Professional Advisors – auditors, accountants, legal counsel.

  
  


• 
  

  Government Authorities – when required to meet tax, regulatory, or law-enforcement obligations.

  
  

Data may be stored or processed outside your jurisdiction, including in the United States. Where required, we rely on Standard Contractual Clauses or other lawful transfer mechanisms.

5. Cookies & Similar Technologies

We use first-party cookies and affiliate-tracking pixels to attribute sales and prevent duplicate commissions. You may disable cookies via your browser, but doing so may impair Program functionality.

6. Data Retention

We retain:

• 
  

  Account and tax records for at least seven (7) years after the end of the tax year to satisfy IRS and state requirements.

  
  


• 
  

  Click-stream and analytics logs for up to 24 months unless extended for fraud investigations.

  
  


• 
  

  Communications for the life of the account plus three (3) years for dispute resolution.

  
  

7. Your Rights

Requests: Email [email protected] or write to the address in Section 10. We will verify your identity (e.g., match name, email) and respond within the time frames required by law.

8. Security

We employ administrative, technical, and physical safeguards, including encryption in transit, secure server environments, role-based access controls, and periodic penetration testing. No method of transmission or storage is 100 % secure; therefore we cannot guarantee absolute security.

9. Children

The Program is directed only to individuals aged 18 and older. We do not knowingly collect personal information from persons under 18.

10. Contact Information

Base Products, LLC

Email: [email protected]

11. Changes to This Policy

We may update this Privacy Policy at any time. Material changes will be posted on the affiliate dashboard and, where required, notified via email. Your continued participation after the “Effective Date” of an update constitutes acceptance.

12. Governing Law

This Policy and any dispute arising hereunder are governed by the laws of the State of Idaho, excluding conflict-of-laws rules. Venue lies exclusively in the state or federal courts of Ada County, Idaho.