Affiliate Program Terms

The PouchPicks Affiliate Program ("Program") is operated by MJAK LLC, doing business as PouchPicks ("PouchPicks," "we," "us," or "our"), a limited liability company formed in the State of Georgia. These Affiliate Program Terms ("Terms") govern your participation as an affiliate ("Affiliate," "you") in the Program. By applying to the Program, or by using a referral link or code we've issued you, you agree to these Terms in addition to our general Terms of Use. If the two conflict on a matter specific to the Program, these Terms control.

You must be at least 21 years of age and legally able to enter a binding agreement to apply. We review applications individually and may accept or decline any applicant at our discretion — including declining an otherwise-qualified applicant whose site, channel, or audience we determine isn't a good fit for a regulated nicotine product. We don't accept applications from a property that is directed at, or that a reasonable person would expect to attract a significant audience of, people under 21.

Once accepted, we issue you a unique referral link or code. When someone places a qualifying order after clicking your link or using your code within the attribution window below, you earn a commission on that order under Section 4. Attribution is last-click, 30 days [proposed] — the affiliate whose link was clicked most recently within the window before an order is placed gets credit for it, not the first one a shopper may have clicked earlier.

We track referrals using cookies and/or a referral code captured at checkout. If a shopper blocks or clears cookies between your link and their order, or checks out from a different device, we may not be able to attribute that order to you — we don't guarantee attribution beyond what our tracking actually captures.

Proposed terms — confirm before launch:

• Rate: 10% of the net sale amount (product subtotal after discounts, excluding shipping, tax, and any refunded portion) on a qualifying order.
• Minimum payout: $50 in accrued, non-reversed commission.
• Schedule: Paid monthly, roughly 30 days after the end of the month in which a commission clears the reversal window in Section 8 below — not the month the order was placed.
• Method: PayPal or store credit, your choice. We don't currently support direct deposit or check.
• Commissions accrue in USD. You're responsible for any currency conversion or transfer fees your payment method charges.

If your balance hasn't reached the minimum payout, it carries forward to the next period rather than expiring — unless your account is terminated for a violation of these Terms, in which case Section 8 governs what happens to an unpaid balance.

PouchPicks sells a regulated, age-restricted nicotine product. These requirements aren't boilerplate — violating them is the single most common reason an affiliate account gets suspended, so read this section closely.

No underage targeting. Don't advertise or promote PouchPicks anywhere directed at, or reasonably likely to reach, an audience under 21 — no youth-coded imagery, no platforms or content genres built around a primarily underage audience, no giveaway or contest structured in a way that doesn't verify age.

No health, safety, or cessation claims. Don't describe any product as "safe," "healthy," "harmless," or a lower-risk or reduced-harm alternative to smoking or other tobacco use, and don't frame any product as a smoking-cessation aid. These products haven't been evaluated by the FDA for any of those claims, and neither PouchPicks nor its affiliates are authorized to make them.

Follow every ad platform's own policies — we don't indemnify violations of them. As of this writing, Meta and TikTok's advertising policies both explicitly prohibit ads for nicotine pouches, and Google Ads' tobacco-adjacent products policy is, at minimum, high-risk for this category. We do not authorize you to run paid social or search ads for PouchPicks on any platform whose current policy prohibits nicotine or tobacco-adjacent products, and it's your responsibility — not ours — to check a platform's current policy before advertising there. Getting an ad account suspended for violating a platform's policy is not grounds for a dispute against us.

Disclose the relationship. Every piece of content containing your referral link or code must include a clear, conspicuous disclosure of your affiliate relationship with PouchPicks, placed near the link itself rather than buried in a footer or a linked-out disclosure page — consistent with the FTC's Endorsement Guides (16 CFR Part 255).

Reflect real shipping eligibility. PouchPicks currently doesn't ship to AR, CO, ME, MD, MA, UT, VT, AZ, DC. Don't advertise or imply nationwide availability if your content targets an audience in one of those states specifically.

No fake or incentivized reviews. Don't offer or accept payment, free product, or any other incentive in exchange for a review, and don't post or solicit a review from anyone who hasn't actually used the product.

No unsolicited email. Any email marketing must comply with the CAN-SPAM Act — including a working unsubscribe mechanism and accurate sender information — and can only go to recipients who've actually opted in.

In addition to Section 5, you may not:

• Bid on "PouchPicks," misspellings of it, or any pouch brand's trademark (ZYN, On!, Rogue, VELO, and others) as a paid search keyword.
• Use cookie-stuffing, forced clicks, pop-unders, browser extensions, or any method that applies your referral link or code without the shopper's knowing action.
• Purchase through your own link or code, or coordinate with someone else to generate referrals for the purpose of earning commission rather than a genuine sale.
• Misrepresent pricing, stock availability, or any product's specifications (strength, flavor, format) beyond what PouchPicks itself publishes.
• Use PouchPicks' name, logo, or any pouch brand's trademark in a way that implies you are PouchPicks, are employed by PouchPicks, or that any brand endorses you, beyond what Section 7 licenses.

We grant you a limited, non-exclusive, revocable license to use PouchPicks-provided creative assets (logos, product images, approved copy) solely to promote PouchPicks through the Program, for as long as you remain an active Affiliate. You may not modify those assets or use them for any other purpose. This license doesn't extend to any pouch brand's own trademarks or imagery beyond what PouchPicks itself has the right to sublicense — brand names referenced on this site belong to their respective owners.

Either party may end your participation in the Program at any time, for any reason, on notice. We may also suspend or terminate your account immediately, without notice, if we reasonably believe you've violated Sections 5 or 6.

A commission isn't final the moment an order is placed — we reverse it if the underlying order is canceled, returned, refunded (in whole or the proportional part, for a partial refund), or identified as fraudulent. If we terminate your account for a violation of these Terms, we may withhold and forfeit any unpaid commission balance at the time of termination; if you or we end participation for any other reason, your accrued, non-reversed balance is paid out on the normal schedule once it clears the reversal window.

You participate in the Program as an independent contractor, not as an employee, agent, joint venturer, or partner of PouchPicks. You're responsible for your own taxes on any commission earned — we don't withhold taxes on your behalf, and we may request a completed W-9 (or equivalent) before releasing payment where required by law. Nothing in these Terms makes the Program exclusive — you're free to promote other companies' products alongside PouchPicks.

The Program, and any tracking, reporting, or creative assets provided through it, are offered "as is," without warranties of any kind beyond what applicable law requires. To the fullest extent permitted by law, MJAK LLC won't be liable for any indirect, incidental, or consequential damages arising from your participation in the Program, including lost commission from a tracking or attribution failure.

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Any dispute arising from these Terms or your participation in the Program will be resolved through binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court. You agree to resolve disputes only on an individual basis, and waive any right to bring or participate in a class action.

We may update these Terms, or the commission structure in Section 4, from time to time. A rate change applies to orders placed after the change takes effect, not retroactively to commission you've already earned. Continuing to participate in the Program after a change is posted means you accept the updated Terms.

Questions about the Program or these Terms: [affiliate program email — pending]. See also our Terms of Use and Privacy Policy.