Version v2. Please read this Agreement, including Schedules A and B, then return to your HQ to sign.
This Independent Partner Agreement ("Agreement") is entered into between Kushy Enterprises, LLC d/b/a CBD BioCare, a Florida limited liability company ("Company," "we," "us"), and the individual accepting this Agreement electronically ("Partner," "you"). This Agreement is effective on the date you sign it electronically (the "Effective Date"). It consists of this Core Agreement together with Schedule A (Commission Structure) and Schedule B (Avatar Credits Program), each incorporated by reference. By checking the acceptance box, typing your name, and clicking to sign, you agree to all of it.
You are enrolling as an independent Partner in the CBD BioCare referral program. You earn commissions when people you refer buy products through your referral link, your personal store, or a link shared from your Partner HQ.
The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform, your referral link/code, and Company-provided marketing assets solely to promote CBD BioCare products while this Agreement is in effect. The Platform, brand, trademarks, product images, and copy remain the Company's property. Content you create about the products is yours, but you grant the Company a non-exclusive license to reshare Partner content you submit through the Platform.
You earn a commission on the Net Sale amount of each qualifying order placed through your referral link, your personal store, or a link shared from your Partner HQ, at the rates and on the terms set out in Schedule A (Commission Structure) below. "Net Sale" means the product subtotal actually paid, excluding shipping, taxes, and any amounts later refunded, charged back, or canceled. The version of Schedule A in effect on the date of a sale governs that sale, and commissions already earned are never reduced retroactively.
As an active Partner you can earn and use Avatar Credits to create personalized AI videos in the Avatar Studio, on the terms set out in Schedule B (Avatar Credits Program) below. Avatar Credits are a program benefit only: they have no cash value, are not commissions or compensation, and are not part of how you are paid.
No medical or disease claims (FDA). Never state or imply that the products diagnose, treat, cure, prevent, or relieve any disease or health condition. Speak to wellness, routine, quality, and lab testing, and keep the FDA disclaimer with product claims: "These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease."
No income or earnings claims (FTC). Do not promise or imply specific earnings, "easy money," "passive income," or guaranteed results. This applies equally to Avatar Credits — never present them as income or a way to make money.
Honest, disclosed promotion. Disclose your Partner relationship when you recommend products. Follow FTC endorsement rules and email/text laws (CAN-SPAM, TCPA).
AI videos are your responsibility. Videos you create in the Avatar Studio are promotional content you publish — the same rules apply: no disease claims, no income claims, keep the disclaimer, and review every video before you share it.
Stay on-brand and lawful. Don't misrepresent the products, Company, or prices; don't misuse trademarks or impersonate the Company; don't bid on Company brand terms in paid search. Selling on Amazon is not permitted. Don't sell on unauthorized marketplaces (including Amazon and eBay) or coupon/deal sites without written approval.
No self-dealing. Commissions and credits are for sales to others. Orders you place for yourself do not generate commission and do not earn credits. Violations can result in withheld commissions, voided credits, suspension, or termination.
The Company may offer temporary, discretionary promotions and target bonuses (for example, a limited-time activation offer or a bonus credit for completing your onboarding). These are extras announced separately, are not part of the commission rates in Schedule A, and can change or end at any time.
Non-public information you receive through the Platform is confidential; use it only to run your Partner business. Customer personal information must be handled per applicable privacy law and only for fulfilling and supporting referred orders.
This Agreement starts on the Effective Date and continues until terminated. Either party may terminate at any time, for any reason, with notice. On termination, your license ends and any unused Avatar Credits are forfeited (they have no cash value); commissions already approved and earned will be paid, while unearned/pending amounts will not, and amounts tied to later-reversed orders may be clawed back. Sections 6, 7, 9, 11, 12, and 13 survive termination.
The Company does not guarantee any income, number of sales, or results. The Platform and tools, including the Avatar Studio, are provided "as is," and AI-generated content is a drafting aid you should review before using.
To the maximum extent permitted by law, the Company is not liable for indirect, incidental, or consequential damages, and its total liability will not exceed the commissions paid to you in the 6 months before the claim. You agree to indemnify the Company for claims arising from your breach or your promotional conduct (including any video you publish).
You agree to do business electronically and that your electronic signature is legally binding under the U.S. ESIGN Act and applicable UETA. By checking the acceptance box, typing your full legal name, and clicking "Sign & Agree," you are signing this Agreement (Core and Schedules A and B). We record your typed name, the date and time, and your IP address as evidence of your signature, and you may request a copy at any time.
This Schedule sets the rates referenced in Section 4. It replaces all prior commission tiers, ladders, and any "Founding," legacy, or special rates.
| Level | Base rate (repeat orders) | New-customer rate (first order) | How you reach it |
|---|---|---|---|
| Starter | 20% | 30% | Automatic at signup |
| Established | 25% | 30% | Automatic & permanent once you've brought 5 New Customers (lifetime) |
The new-customer rate of 30% applies to a New Customer's first order and does not change between levels. The base rate applies to that customer's later orders; it starts at 20% and rises permanently to 25% once you have acquired 5 New Customers total — no maintenance requirement, no quarterly review, and never taken away for inactivity.
You earn commission on each customer's repeat orders (their second order onward) for as long as you remain an Active Partner — there is no cap on the number of orders. A customer's first order always pays the new-customer rate regardless of your status.
"Active Partner" means that, within the trailing 60 days, you have brought in at least one New Customer — a first-ever CBD BioCare order, by someone other than yourself, attributed to you. Repeat orders from customers you already have, and any self-placed orders, do not count toward staying Active.
Everything in this program rewards the same action — bringing new people to the brand. New Customers drive your rate advancement (the 5-New-Customer step), your Avatar Credits (Schedule B), and your Active status. Repeat sales to the same customers still pay you (that's the residual), but it is New Customers that move you up and keep you earning. Self-placed orders never count.
Payment timing, minimums, tax forms, and clawbacks are in Section 6.
This Schedule sets the terms of the Avatar Credits program referenced in Section 5.
Avatar Credits ("credits") let you create personalized AI avatar videos in the CBD BioCare Avatar Studio. One (1) credit produces one finished video of up to approximately 30 seconds (including captions, branding, and a durable share link). Credits have no cash value, are non-transferable, cannot be redeemed for money or product, and are not commissions or compensation.
Credits are earned automatically through qualifying program activity. The earn rules currently in effect are:
The Company may add further ways to earn credits (for example, for subscription sign-ups) and will announce them in the Partner HQ when they take effect. Orders that are rejected, cancelled, or refunded do not earn credits, and credits issued for an order later refunded or found fraudulent may be reversed. Personal purchases do not earn credits.
You never need to buy credits — selling earns them. For Partners who want more, credit packs may be offered for purchase through the Partner HQ at the prices shown there at the time. Purchased credits are added to your HQ balance and never expire. Buying credits never changes what you earn, and pack purchases do not count toward the sales-volume threshold in B2. Pack availability and pricing may change with notice; packs are non-refundable once any credit from them is spent.
Video rendering carries real third-party costs. The Company may apply daily rendering limits, pause the Studio for maintenance, or adjust limits to protect service quality. Abuse of the credit system (self-dealing orders, fraudulent orders, or automated abuse) voids the related credits and may result in removal from the program under Section 7.
The Company may amend credit earn rates, pack pricing, and usage rules prospectively with notice through the Partner HQ, under Section 13. Credits already in your balance are never removed by a rule change (only by reversal under B2 or for abuse under B5).
These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. © 2026 CBD BioCare — Partner Tools.