Affiliate Program Terms & Conditions

Effective Date: May 8, 2026

These Affiliate Program Terms and Conditions (the "Terms") form a binding agreement between you ("Affiliate," "you," or "your") and ReBound LLC, a Wyoming limited liability company doing business as Cloud9 ("Cloud9," "we," "us," or "our"), regarding your participation in the Cloud9 Affiliate Program (the "Program").

By submitting an application, accepting your enrollment, or using any Affiliate link, code, or materials, you represent that you have read, understood, and agree to these Terms.

Please read carefully. These Terms govern your participation in the Cloud9 Affiliate Program. By submitting an application or accepting your enrollment, you agree to be bound by these Terms in full. If you do not agree, do not enroll.

Contents

1. Definitions
2. Enrollment and Eligibility
3. Independent Contractor Status
4. Tracking, Attribution, and Cookies
5. Direct Commission Structure
6. Network Commission (Three-Tier Structure)
7. Payment Terms
8. Required FTC Disclosures
9. Health Claims and Product Representations
10. Promotional Restrictions and Prohibited Conduct
11. Intellectual Property and Brand Usage
12. Confidentiality
13. Term and Termination
14. Indemnification
15. Disclaimers and Limitation of Liability
16. Income Disclaimer
17. Modifications to the Program
18. Dispute Resolution and Arbitration
19. General Provisions
20. Contact

1. Definitions

Affiliate. An individual or entity approved by Cloud9 to participate in the Program.

Affiliate Link. The unique tracking URL or discount code provided to you by Cloud9 (or generated through our affiliate platform) for use in promoting Cloud9 products.

Cloud9 Site. The website located at trycloud9.com and any related subdomains, mobile applications, or successor properties.

Customer. A bona fide end-consumer purchaser of Cloud9 products who is not the Affiliate, the Affiliate's spouse or household member, or a member of the Affiliate's downline.

Direct Commission. The commission earned by an Affiliate on a Qualifying Sale generated through that Affiliate's own Affiliate Link.

Network Commission. The override commission earned by an Affiliate on a Qualifying Sale generated by a Sub-Affiliate at Tier 2 or Tier 3 in the Affiliate's network.

Program. The Cloud9 Affiliate Program described in these Terms.

Qualifying Sale. A completed purchase of Cloud9 products by a Customer through an Affiliate Link or with a valid Affiliate discount code, that has not been refunded, charged back, canceled, or otherwise reversed within the Hold Period defined in Section 7.

Sub-Affiliate. An Affiliate who was recruited into the Program by another Affiliate using a network recruitment link.

Tier. The level of an Affiliate within a network. Tier 1 is the Affiliate making the direct sale. Tier 2 is the Affiliate who recruited the Tier 1 Affiliate. Tier 3 is the Affiliate who recruited the Tier 2 Affiliate.

2. Enrollment and Eligibility

2.1 Application

To participate in the Program, you must submit a complete application through the Cloud9 affiliate portal. Submission of an application does not guarantee approval. Cloud9 reserves the right to accept or reject any application in its sole discretion.

2.2 Eligibility Requirements

To be eligible, you must:

• Be at least eighteen (18) years of age and legally capable of entering into a binding contract under the laws of your jurisdiction;
• Reside in a jurisdiction in which Cloud9 conducts business and into which we are legally permitted to ship products;
• Provide accurate, current, and complete information during enrollment, and update such information promptly upon any change;
• Maintain a valid PayPal account capable of receiving payments in United States dollars;
• Comply with all applicable federal, state, and local laws and regulations.

2.3 No Purchase Required

Enrollment in the Program is free. No purchase, fee, kit, sample order, training fee, subscription, or other consideration is required to apply, to be approved, to remain in good standing, or to earn commissions under any tier of this Program.

2.4 Approval and Activation

Cloud9 will review your application and notify you of approval or rejection by email. Upon approval, you will receive access to your Affiliate dashboard, your Affiliate Link, and any promotional materials made available to you.

3. Independent Contractor Status

You are an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, distributor, or employment relationship between you and Cloud9. You have no authority to make or accept any offers or representations on our behalf.

You are solely responsible for:

• All taxes, including without limitation federal and state income taxes, self-employment taxes, and any applicable sales or value-added taxes arising from commissions paid to you;
• All expenses incurred by you in connection with your participation in the Program, including without limitation marketing, advertising, equipment, internet access, and personnel costs;
• Any business licenses, permits, or registrations required by your jurisdiction to operate as an independent contractor or marketing affiliate.

If you earn $600 or more in commissions in a calendar year, Cloud9 will issue a Form 1099-NEC. You agree to provide a properly completed IRS Form W-9 (or W-8 for non-US persons) upon request, and Cloud9 may withhold payments until such forms are received.

4. Tracking, Attribution, and Cookies

4.1 Tracking Method

Sales are tracked via your unique Affiliate Link or assigned discount code, recorded through our affiliate tracking platform. To earn a commission, the Customer must either complete checkout in a session attributed to your Affiliate Link or apply your assigned discount code at checkout.

4.2 Cookie Window

The attribution cookie window is thirty (30) days from the Customer's first click on your Affiliate Link. If a Customer clicks your link and completes a purchase within thirty days on the same device or while logged into the same Cloud9 account, the sale will be attributed to you.

4.3 Last-Click Attribution

Cloud9 uses last-click attribution. If a Customer clicks Affiliate Links from multiple Affiliates within the cookie window, the commission is awarded to the Affiliate whose link was most recently clicked before the completed purchase.

4.4 Tracking Limitations

You acknowledge that affiliate tracking depends on third-party cookies, browser settings, and Customer behavior, and that not all sales you may have influenced will be technically attributable to you. Cloud9 does not guarantee that any particular sale will be tracked, and Cloud9's tracking records are final and binding for purposes of commission calculation.

4.5 Self-Referrals Prohibited

You may not use your own Affiliate Link or discount code for purchases made by you, your spouse, members of your household, or any business or entity controlled by you. Such transactions will be deemed self-referrals, will not generate commissions, and may result in termination.

5. Direct Commission Structure

5.1 Commission Rates by Rank

Direct Commissions are paid as a percentage of the Qualifying Sale subtotal (excluding shipping, taxes, and any discounts applied at checkout). Your Direct Commission rate is determined by your current rank, as follows:

Rank	Direct Commission	Qualification (Personal Monthly Sales)
Starter	25%	Default rank upon approval
Silver	30%	Volume threshold as published in dashboard
Gold	35%	Volume threshold as published in dashboard
Diamond	40%	Volume threshold as published in dashboard

5.2 Rank Determination

Rank advancement is based solely on the Affiliate's own personal Qualifying Sales volume over a rolling thirty-day period. Rank is not affected by Sub-Affiliate sales, downline activity, or recruitment. Current volume thresholds for each rank are published in the Affiliate dashboard and may be modified by Cloud9 with thirty (30) days' notice.

5.3 Calculation Basis

Commissions are calculated on the net product subtotal of each Qualifying Sale, after any discount codes are applied, and exclude:

• Shipping charges
• Sales tax, VAT, GST, or any other transaction taxes
• Returned, refunded, canceled, or charged-back items
• Gift cards and store credits applied to the order
• Any portion of the order paid for with a referral credit, loyalty reward, or promotional credit

6. Network Commission (Three-Tier Structure)

Important. The Program includes an optional three-tier network commission feature that allows Affiliates to earn override commissions on Qualifying Sales generated by Affiliates they directly or indirectly recruited. Participation in the network feature is entirely voluntary. No Affiliate is required to recruit other Affiliates to participate in the Program or to earn Direct Commissions.

6.1 Structure

Network Commissions are paid as a percentage of the Qualifying Sale subtotal generated by Sub-Affiliates within the Affiliate's network, calculated on the same basis as Direct Commissions (as described in Section 5.3):

Tier	Commission	Source of Sale
Tier 1 (Direct)	25 to 40%	Affiliate's own Qualifying Sale
Tier 2 Override	5%	Qualifying Sale by an Affiliate the upline directly recruited
Tier 3 Override	2%	Qualifying Sale by an Affiliate recruited by a Tier 2 Sub-Affiliate

6.2 Maximum Depth

The network commission structure has a maximum depth of three (3) tiers. No commissions are paid on sales generated more than two levels below the upline Affiliate. Cloud9 will not extend the network depth beyond three tiers.

6.3 Recruitment Is Optional

Affiliates are not required, expected, or pressured to recruit other Affiliates. The full Direct Commission structure (Sections 5.1 and 5.2) is available to all Affiliates regardless of whether they recruit any Sub-Affiliates. Affiliate ranks (Starter through Diamond) and Direct Commission rates are determined solely by the Affiliate's own personal sales volume and are not affected by the size, performance, or existence of any downline.

6.4 No Recruitment Bonuses

Cloud9 does not pay any compensation, bonus, or other consideration for the act of recruiting another Affiliate, for the enrollment of a Sub-Affiliate, or for any other activity unrelated to actual product sales to Customers. All commissions, including Network Commissions, are earned only on Qualifying Sales of Cloud9 products to bona fide retail Customers.

6.5 Network Recruitment Link

Approved Affiliates receive a personal recruitment link in their dashboard that may be used to invite others to apply to the Program. Use of this link is optional. Sub-Affiliates recruited via your link must independently apply, be approved by Cloud9, comply with these Terms, and generate their own Qualifying Sales for any Network Commission to be earned.

6.6 Network Integrity

You may not create multiple Affiliate accounts, recruit yourself or members of your household as Sub-Affiliates, or otherwise manipulate the network structure to inflate commissions. Such conduct is grounds for immediate termination, forfeiture of all unpaid commissions, and disgorgement of any commissions paid as a result of the manipulation.

6.7 No Income Representations to Recruits

When inviting prospective Sub-Affiliates to join the Program, you may not make any representations regarding income, earnings, lifestyle, or financial outcomes that any recruit may achieve. You may not use phrases such as "earn $X per month," "passive income," "financial freedom," "replace your job," "guaranteed earnings," or any similar representations. You may state factually that the Program offers a 25% to 40% Direct Commission structure and tier-based Network Commissions, but you may not project, estimate, or guarantee any specific level of earnings.

7. Payment Terms

7.1 Hold Period

Commissions are held for a period of thirty (30) days from the date of the Qualifying Sale (the "Hold Period") to allow for refunds, returns, chargebacks, and fraud review. Commissions on sales that are refunded, returned, canceled, charged back, or determined to be fraudulent during or after the Hold Period will be reversed and deducted from future commission payments.

7.2 Minimum Payout Threshold

The minimum payout threshold is $50 USD. If your accrued commissions at the end of a payment cycle are below the threshold, the balance will roll over to the following month.

7.3 Payment Schedule

Commissions are paid monthly via PayPal, by the fifteenth (15th) day of the calendar month following the month in which the Hold Period expired. For example, commissions on Qualifying Sales completed in January (with Hold Period expiring in February) will be paid by March 15.

7.4 Payment Method

Cloud9 pays commissions exclusively via PayPal in United States dollars. You are responsible for maintaining a valid PayPal account in good standing and for any fees PayPal may charge for receiving or converting funds.

7.5 Stale Commissions

Commissions that remain unclaimed for more than twelve (12) months due to your failure to provide a valid payment account, complete required tax forms, or respond to Cloud9's communications shall be forfeited.

7.6 Adjustments

Cloud9 reserves the right to adjust commission balances at any time to correct errors, reverse fraudulent or non-Qualifying Sales, or recover overpayments. If your account balance becomes negative due to refunds or chargebacks, Cloud9 may offset future commissions against the negative balance.

8. Required FTC Disclosures

8.1 Material Connection Disclosure

The United States Federal Trade Commission requires that you clearly and conspicuously disclose your material connection to Cloud9 in every piece of content in which you promote Cloud9 products, recommend Cloud9 products, or share an Affiliate Link or discount code. This requirement applies to all formats and platforms, including but not limited to social media posts, stories, videos, livestreams, podcasts, blog posts, email newsletters, text messages, and direct messages.

8.2 Required Disclosure Language

Acceptable disclosures include, but are not limited to:

• "I'm a Cloud9 Affiliate and earn a commission on purchases made through my link."
• "#Cloud9Affiliate" combined with a clear written explanation of what that means.
• "I receive a commission if you purchase Cloud9 through my link."

The hashtag "#ad" alone is not sufficient. Disclosures must use clear, plain language and must appear before any link or recommendation, in the same content piece, in the same language as the content, and in a format reasonably visible to viewers (not buried in a long caption, hidden behind a "more" link, or placed in a clickable bio link).

8.3 Format-Specific Requirements

• Video and livestream: Disclosure must be made verbally and displayed on screen at the start of the relevant segment. A description-only disclosure is not sufficient for video content.
• Podcasts: Disclosure must be spoken aloud at the beginning of the segment in which Cloud9 is promoted.
• Stories and short-form video: Disclosure must appear on screen for the entire duration of the relevant frame.
• Email and text: Disclosure must appear in the body of the message, near the recommendation or link.

8.4 Compliance Is Your Responsibility

Compliance with FTC disclosure requirements is your sole responsibility. Cloud9 may, but is not obligated to, monitor your content for compliance. Failure to comply may result in immediate termination, forfeiture of unpaid commissions, and potential legal liability to you under federal and state consumer protection laws.

9. Health Claims and Product Representations

Cloud9 products are dietary supplements regulated by the United States Food and Drug Administration under the Dietary Supplement Health and Education Act of 1994 (DSHEA). The product claims you may make about Cloud9 products are strictly limited by federal law. Violations expose both you and Cloud9 to FDA enforcement action, FTC enforcement action, and private litigation.

9.1 Required Disclaimer

Any content in which you describe a Cloud9 product's effects, benefits, or intended use must include the following disclaimer in a clear and conspicuous manner:

"These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."

9.2 Permitted Claims (Structure/Function)

You may make truthful, non-misleading statements describing how a Cloud9 product is intended to support normal structure or function of the body, provided such statements are consistent with claims approved by Cloud9 and accompanied by the disclaimer in Section 9.1. Examples of permissible structure/function language include "supports liver health," "supports healthy mood balance," "supports cognitive function," and similar phrasing approved in writing by Cloud9.

9.3 Prohibited Claims (Disease, Drug, Treatment)

You may not, under any circumstances, make any of the following claims about Cloud9 products:

• That any Cloud9 product diagnoses, treats, cures, prevents, mitigates, or reverses any disease, disorder, or medical condition (including but not limited to alcohol use disorder, alcoholism, addiction, liver disease, cirrhosis, anxiety disorders, depression, or sleep disorders);
• That any Cloud9 product is a substitute for, equivalent to, or comparable in effect to any prescription or over-the-counter pharmaceutical (including but not limited to naltrexone, acamprosate, disulfiram, antidepressants, anxiolytics, or sleep medications);
• That any Cloud9 product is "FDA-approved," "doctor-prescribed," "clinically proven to treat," or any similar language implying drug-status or regulatory approval beyond what is accurate;
• That any Cloud9 product produces specific quantitative health outcomes (such as "lowers liver enzymes by X%," "reduces cravings by Y%," or similar) unless such claim is supported by published research and approved in writing by Cloud9;
• Any claim that Cloud9 products eliminate the need for medical evaluation, professional addiction treatment, or healthcare provider consultation.

9.4 Personal Testimony

You may share your personal experience with Cloud9 products, provided you (a) accurately describe your own experience, (b) do not represent your experience as typical or guaranteed for others, (c) include the FDA disclaimer in Section 9.1, and (d) do not cross into prohibited disease or treatment claims described in Section 9.3.

9.5 Medical Advice Prohibited

You may not provide medical advice, diagnose any condition, recommend Cloud9 as a treatment for any condition, or advise any person to discontinue, modify, or substitute any prescription medication, medical treatment, or healthcare provider relationship. You must, where appropriate, advise consumers to consult a qualified healthcare professional.

9.6 Approved Marketing Language

Upon approval, Cloud9 will provide you with a written marketing language guide setting forth approved claims, banned phrases, and required disclaimers. You agree to comply with the most current version of that guide, which is incorporated by reference into these Terms and may be updated from time to time.

10. Promotional Restrictions and Prohibited Conduct

You may not engage in any of the following activities. Doing so is grounds for immediate termination and forfeiture of unpaid commissions.

10.1 Paid Search Restrictions

• You may not bid on any branded Cloud9 search term in any paid search platform (Google Ads, Microsoft Ads, or otherwise), including without limitation "Cloud9," "trycloud9," "Crave Away," "Daily Restore," "Chill Out," "MetaboSync," "Biome Balance," "Omega Sync," "Gold Guard," or any variation, misspelling, or combination of these terms;
• You may not use any branded Cloud9 term as a display URL, ad headline, ad description, or destination URL in paid search;
• You may not direct paid search traffic to a URL that redirects, frames, or otherwise sends traffic to trycloud9.com or any Cloud9 page;
• You may not use trademark-bidding, trademark-plus, or competitor-conquesting strategies that include Cloud9 brand terms.

10.2 Coupon, Cashback, and Deal Sites

You may not promote Cloud9 on coupon code aggregator sites, cashback sites, deal sites, browser extensions that auto-apply discount codes (such as Honey, Capital One Shopping, Rakuten, RetailMeNot, or similar), or any platform whose primary function is the distribution of discount codes or rebates, without prior written approval from Cloud9.

10.3 Incentivized Sales

You may not offer any cash, prize, rebate, sweepstakes entry, gift card, points, donation, or other incentive to any person in exchange for that person's purchase of a Cloud9 product through your Affiliate Link or discount code. The Customer's reason for purchase must be the Customer's genuine interest in the product.

10.4 Spam and Unsolicited Communications

• You may not send unsolicited bulk email ("spam") promoting Cloud9. All email promotion must comply with the federal CAN-SPAM Act and any applicable state or international email marketing laws (including without limitation CASL in Canada and GDPR in the European Union);
• You may not purchase or use rented, scraped, or harvested email lists;
• You may not post in unsolicited contexts such as comment-spam, forum-spam, or unsolicited social media direct messages to people you do not have a prior relationship with;
• You may not use SMS or text-message promotion of Cloud9 without express prior consent of the recipient and full compliance with the Telephone Consumer Protection Act (TCPA).

10.5 Misrepresentation and Fraud

• You may not impersonate Cloud9, claim to be a Cloud9 employee, or represent yourself as having any authority to act on Cloud9's behalf;
• You may not falsely claim endorsements, partnerships, or affiliations with celebrities, doctors, medical professionals, scientists, athletes, organizations, or media outlets;
• You may not fabricate, misrepresent, or pay for fake reviews, testimonials, or social proof;
• You may not engage in cookie-stuffing, link-cloaking designed to deceive, fake refunds, transaction laundering, or any other form of attribution fraud.

10.6 Domain Names, Subdomains, and Social Handles

You may not register or use any domain name, subdomain, social media handle, app store listing, marketplace seller name, or username that contains "Cloud9," "trycloud9," any Cloud9 product name, or any confusingly similar variation. You may not establish any property that could be mistaken for an official Cloud9 channel.

10.7 Marketplace and Reseller Restrictions

You may not list, sell, or promote Cloud9 products on Amazon, eBay, Walmart Marketplace, Facebook Marketplace, Etsy, or any other third-party marketplace. You may not act as a reseller of Cloud9 products in any form.

10.8 Adult, Hate, and Illegal Content

You may not promote Cloud9 in connection with, or place Affiliate Links on, content that is sexually explicit; promotes violence, hatred, or discrimination on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics; promotes illegal drug use; or otherwise violates applicable law.

10.9 Targeting Minors

You may not target Cloud9 promotions to any person under the age of twenty-one (21), and you may not place Affiliate Links on platforms or content primarily directed at minors.

10.10 Misleading Creative

• You may not use before/after imagery suggesting medical or therapeutic outcomes;
• You may not use imagery, symbols, or iconography (including white coats, stethoscopes, prescription pads, or pharmacy aesthetics) that imply Cloud9 products are pharmaceuticals or are dispensed by medical providers;
• You may not use Cloud9 product images altered to show different packaging, claims, or ingredient panels than the actual product;
• You may not represent Cloud9 ingredients in ways that are not supported by the actual product formulation.

11. Intellectual Property and Brand Usage

11.1 Limited License

Subject to your continued compliance with these Terms, Cloud9 grants you a non-exclusive, non-transferable, revocable, royalty-free license during the term of your Program participation to display Cloud9 trademarks, logos, product names, product images, and other promotional materials made available to you through the Affiliate dashboard ("Cloud9 Materials"), solely for the purpose of promoting Cloud9 products in accordance with these Terms.

11.2 Restrictions

You may not:

• Modify, distort, or alter any Cloud9 trademark, logo, or product image, except for permitted resizing;
• Use Cloud9 Materials in any manner that disparages Cloud9 or its products;
• Combine Cloud9 trademarks with any other mark or design in a way that creates a composite mark;
• Apply for, register, or use any trademark, service mark, copyright, or domain name that is identical or confusingly similar to any Cloud9 mark;
• Use Cloud9 Materials after termination of your Program participation.

11.3 Ownership

All right, title, and interest in and to the Cloud9 Materials, the Cloud9 brand, and all associated intellectual property remain the exclusive property of Cloud9. Nothing in these Terms transfers any ownership interest to you.

11.4 Your Content

You retain ownership of original content you create promoting Cloud9 products. You grant Cloud9 a non-exclusive, royalty-free, worldwide, perpetual license to reproduce, display, and republish such content (with attribution to you when reasonably practicable) in Cloud9's own marketing materials, social media channels, and on the Cloud9 Site. You represent that you have all rights necessary to grant this license.

12. Confidentiality

You may receive non-public information from Cloud9 in connection with your participation in the Program, including pricing, sales data, marketing strategies, customer lists, ingredient research, and product roadmap information ("Confidential Information"). You agree to (a) hold Confidential Information in strict confidence, (b) use it solely for the purposes of the Program, and (c) not disclose it to any third party without Cloud9's prior written consent. This obligation survives termination of these Terms.

13. Term and Termination

13.1 Term

These Terms commence upon your acceptance into the Program and continue until terminated as provided herein.

13.2 Termination for Convenience

Either party may terminate participation in the Program at any time, for any reason or no reason, with or without notice. No refund, severance, buyout, or termination payment is owed by either party.

13.3 Termination for Cause

Cloud9 may terminate your participation immediately and without notice for any breach of these Terms, including without limitation:

• Violation of Sections 8 (FTC Disclosures), 9 (Health Claims), or 10 (Promotional Restrictions);
• Fraud, attribution manipulation, or self-referrals;
• Any conduct that, in Cloud9's sole judgment, brings the Cloud9 brand into disrepute;
• Insolvency, bankruptcy, or assignment for the benefit of creditors;
• Failure to comply with applicable law.

13.4 Effect of Termination

• Upon termination, your access to the Affiliate dashboard, Affiliate Links, discount codes, and Cloud9 Materials will be revoked;
• You must immediately cease all promotion of Cloud9 products and remove all Cloud9 Materials from your channels and content;
• For termination without cause, any commissions earned through the date of termination, which have cleared the Hold Period and exceed the minimum payout threshold, will be paid in the next regular payment cycle;
• For termination for cause, all unpaid commissions are forfeited and Cloud9 may pursue any other remedies available at law or equity.

13.5 Survival

Sections 3 (Independent Contractor Status), 9 (Health Claims), 11 (Intellectual Property), 12 (Confidentiality), 14 (Indemnification), 15 (Disclaimers), 18 (Dispute Resolution), and 19 (General Provisions) survive termination of these Terms.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cloud9, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms;
• Your violation of any law, regulation, or third-party right;
• Any health claim, disease claim, drug claim, or other representation made by you regarding Cloud9 products that violates Sections 9 or 10;
• Any FTC disclosure violation by you;
• Any content created or distributed by you in connection with your promotion of Cloud9 products;
• Any income representation or earnings claim made by you to a prospective Sub-Affiliate or to any other person.

15. Disclaimers and Limitation of Liability

15.1 No Warranties

The Program, the Cloud9 Site, the affiliate tracking platform, and all Cloud9 Materials are provided "as is" and "as available," without warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted availability. Cloud9 does not warrant that the affiliate tracking platform will be error-free, that all Qualifying Sales will be tracked, or that any particular level of Customer traffic, conversion, or commission will result from your participation.

15.2 Limitation of Liability

To the maximum extent permitted by applicable law, Cloud9's aggregate liability to you arising out of or related to these Terms or the Program shall not exceed the total commissions paid to you by Cloud9 in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall Cloud9 be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost data, or loss of goodwill, even if Cloud9 has been advised of the possibility of such damages.

16. Income Disclaimer

No Income Guarantee. Participation in the Cloud9 Affiliate Program does not guarantee any specific level of income, earnings, or financial outcome. Most Affiliates do not generate significant commissions. Earnings depend on numerous factors entirely outside of Cloud9's control, including but not limited to your effort, marketing skill, audience size and engagement, market conditions, and consumer demand. Any examples or testimonials regarding Affiliate earnings, where presented, are exceptional and not typical. You should not enroll in the Program with the expectation of any specific financial return.

17. Modifications to the Program

Cloud9 reserves the right to modify these Terms, the commission structure, the cookie window, the payment schedule, the rank thresholds, the network commission structure, the approved marketing language, and any other aspect of the Program at any time. Cloud9 will provide notice of material changes by email to your registered email address and by posting the updated Terms on the Cloud9 Site. Continued participation in the Program after the effective date of any change constitutes your acceptance of the change. If you do not agree to a change, your sole remedy is to terminate your participation in the Program.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating any formal dispute, the parties agree to attempt in good faith to resolve any dispute arising out of these Terms by direct negotiation. You agree to provide written notice of any dispute to Cloud9 at the contact address in Section 20 and to allow Cloud9 thirty (30) days to attempt to resolve the matter before initiating any formal proceeding.

18.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Program that is not resolved through informal negotiation shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Sheridan, Wyoming, or such other location as the parties mutually agree, and proceedings may be conducted remotely. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Cloud9 individually. You waive any right to participate in any class action, collective action, consolidated action, or representative action against Cloud9. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

18.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to enforce the confidentiality provisions of Section 12.

18.5 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming for any matter not subject to arbitration.

19. General Provisions

19.1 Entire Agreement

These Terms, together with any approved marketing language guide, payment policies, and program documentation referenced herein or made available through the Affiliate dashboard, constitute the entire agreement between you and Cloud9 regarding the Program and supersede all prior or contemporaneous agreements, understandings, or representations.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified only to the extent necessary to make it enforceable.

19.3 No Waiver

Cloud9's failure to enforce any provision of these Terms is not a waiver of its right to do so later. No waiver of any breach is a waiver of any subsequent breach.

19.4 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without Cloud9's prior written consent. Cloud9 may assign these Terms freely. Any attempted assignment in violation of this section is void.

19.5 Force Majeure

Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, internet or third-party platform outage, or third-party service provider failure.

19.6 Notices

Notices to you may be given by email to the address you provided during enrollment. Notices to Cloud9 must be given by email to info@trycloud9.com with a copy by certified mail to the address in Section 20.

19.7 Headings

Section headings are for convenience only and have no substantive effect on the interpretation of these Terms.

19.8 Construction

These Terms shall not be construed against the drafting party. Both parties acknowledge that they have had the opportunity to review these Terms and seek independent legal counsel before agreeing to them.

20. Contact

For questions about these Terms or the Program, contact:

ReBound LLC (d/b/a Cloud9)
1309 Coffeen Avenue, Suite 1200
Sheridan, WY 82801

Phone: 833-9CLOUD9
Email: info@trycloud9.com

Acknowledgment. By submitting an application to the Cloud9 Affiliate Program, you acknowledge that you have read these Terms in full, understand them, and agree to be bound by them. You further acknowledge that you have had the opportunity to consult independent legal counsel before agreeing.