WAYS ENERGY AFFILIATE AGREEMENT

Hero Energy, LLC, trading as WAYS Energy   ·   Version 2.0, September 29, 2026

1.  The agreement

1.1   This agreement is between Hero Energy, LLC, trading as WAYS Energy (“WAYS”, “we”, “us”) and the individual or entity who applies to and is approved for the WAYS Energy Affiliate Program (“you”, “the affiliate”).

1.2   It takes effect on the date WAYS approves your application, and it continues until either of us ends it under section 15.

1.3   By ticking the box at signup, you confirm you have read this agreement and agree to it.

1.4   The Affiliate Program lets approved affiliates promote WAYS Energy products using a referral link or a discount code, and earn commission on qualifying sales.

2.  Who can join

2.1   You must be at least 18 years old.

2.2   You must have a public social media account, a website, a podcast, or another channel through which you can genuinely promote the product.

2.3   Approval is at our discretion. We may decline an application without giving a reason, and we may withdraw approval under section 15.

2.4   If you serve in the military, or work for a law enforcement agency, fire service, emergency medical service or other employer with rules about endorsements, it is your responsibility to check and follow those rules before you post. See section 12.

3.  Your code and your link

3.1   On approval we issue you a personal discount code and a referral link. They are yours alone and you may not share, sell or transfer them.

3.2   Your code gives the customer 10% off their order.

3.3   A sale is attributed to you when a customer uses your code at checkout, or places an order after arriving through your referral link within the attribution window set in our affiliate platform, currently [X] days.

3.4   Where a customer could be attributed to more than one affiliate, the code used at checkout takes priority over a referral link.

4.  Commission and tiers

4.1   Commission is a percentage of the order value of a qualifying sale, excluding shipping and tax, after any discount has been applied.

4.2   There are two tiers:

(a)   Tier One. All new affiliates start here. Commission is 10%.

(b)   Tier Two. Reached by generating twenty (20) or more qualifying sales in a calendar quarter. Commission is 15%.

4.3   We review tiers at the end of each calendar quarter. A tier increase takes effect from the start of the following quarter and applies to sales from that point. It is not applied retrospectively.

4.4   If your sales fall below the threshold for your tier across two consecutive quarters, we may move you down one tier, and we will tell you before we do.

4.5   We may run higher rates, bonuses or special terms for particular affiliates, campaigns or periods at our discretion.

5.  What counts as a qualifying sale

5.1   A qualifying sale is a completed order placed on waysenergy.com, attributed to you under section 3, which has been paid for in full, has shipped, and has not been refunded, cancelled or charged back.

5.2   The following do not earn commission:

(a)   Orders you place yourself, or orders placed using your own code on your own account, at your own address, or on behalf of your household.

(b)   Orders that are refunded, cancelled or charged back, whether before or after commission has been calculated.

(c)   Wholesale orders, distributor orders, event orders and any order placed through a channel other than waysenergy.com, unless we agree otherwise in writing.

(d)   Orders where a fraudulent, misleading or prohibited promotional method was used.

5.3   Where commission has already been paid on an order that is later refunded or charged back, we may deduct that amount from your next payment.

6.  Payment

6.1   Commission accrues in your affiliate dashboard as qualifying sales complete.

6.2   We pay monthly, once your accrued balance reaches $50. Balances below $50 carry forward to the following month.

6.3   You may choose to take your commission as cash or as store credit for WAYS product of equivalent retail value. You may change that preference at any time by telling us before a payment run.

6.4   You are responsible for any taxes on what you earn. Where US tax rules require it, we will ask you for a completed Form W-9 before we can pay you, and we may be required to report your earnings. We cannot pay commission until we have the tax information we are required to hold.

6.5   If your payment details are wrong or out of date and we cannot reach you, we will hold the balance for you for twelve months.

7.  Telling people you are an affiliate

7.1   Every post, video, story, livestream, email or message in which you promote WAYS and carry your code or link must make clear that you are a WAYS Energy affiliate and that you may earn from purchases.

7.2   The disclosure must appear in the post itself, in the caption or spoken in the video. It is not enough to put it in a comment, behind a “more” link, in your bio, or on a separate page.

7.3   The FTC does not require particular words, but it does require the disclosure to be clear and easy to notice. Use one of these: "WAYS Energy affiliate", "paid partnership with WAYS Energy", "#ad", or "#sponsored".

7.4   Where a platform provides its own paid partnership or branded content tool, use it in addition to the wording above.

7.5   This is a legal requirement. Failure to disclose properly may end your participation immediately.

8.  What you may and may not say about the product

8.1   You may state what is on the can and on the product page: zero sugar, 200mg of caffeine, B-vitamins, electrolytes, no artificial colors, naturally flavored, and that the product and company are veteran owned.

8.2   You may say that WAYS donates 10% of profits, quarterly, to the organizations it partners with. You may not describe it as a percentage of sales or revenue, state a higher figure, or suggest that an individual person receives the money.

8.3   You may not make health or medical claims. This includes any claim that the product treats, prevents, cures or reduces the risk of any condition, and any claim about immunity, metabolism, weight, sleep, recovery or rehydration as a remedy.

8.4   You may not disparage another energy drink or beverage brand.

8.5   You may not feature, target or appear to target anyone under 18 in content carrying your code.

8.6   You may not state or imply a price, discount, bundle, subscription term, shipping offer or promotion that is not live on waysenergy.com at the time you post.

8.7   You may not alter the WAYS logo, marks or packaging, or create anything that could be mistaken for official WAYS communication, including accounts, pages or handles that appear to be run by WAYS.

9.  Political neutrality

9.1   WAYS Energy has no political affiliation and takes no political position.

9.2   You may hold and express any view you like in your own name. This section is about where our name appears, not about what you believe.

9.3   You may not attach the WAYS Energy name, logo, products, affiliate code or affiliate link to political content of any kind, including candidates, parties, elections, legislation, ballot measures, campaign events, or commentary on contested political or social issues.

9.4   Content supporting veterans, first responders and their families is the mission of this brand and is not political content for the purpose of this section.

9.5   We may ask that a post carrying your code be amended or removed, and we may end your participation where this section is not followed.

10.  Use of content

10.1   You may post any content we supply to you, and any original content you create yourself.

10.2   You may not post content created by another affiliate, another creator, or any third party, whether or not it features WAYS Energy products, and you may not present such content as your own.

10.3   Resharing WAYS Energy's own published posts using a platform's share or repost function is permitted. Downloading another party's content, re-uploading it, and attaching your code to it is not.

10.4   Content we supply remains ours. You may use it to promote WAYS while this agreement is in force, and you should stop using it if the agreement ends.

10.5   By posting content that features WAYS products, you give us permission to reshare that content on our own channels and in our own marketing, with credit to you.

11.  Where your code may and may not appear

11.1   Your code and link belong in your own posts, your own bio, your own newsletter, and your own direct conversations.

11.2   You may not post your code or link in the comments of WAYS Energy's own posts, in the comments of another affiliate's posts, or in the comments of any third party's content.

11.3   You may not run paid advertising that targets the WAYS Energy brand name, and you may not bid on WAYS Energy search terms or variations of them.

11.4   You may not list your code on coupon, deal or voucher websites, or on discount aggregators.

11.5   You may not send unsolicited bulk email or messages promoting WAYS.

11.6   Where an affiliate takes credit for a sale generated by another affiliate or by WAYS, we may reverse that commission and end their participation.

12.  Uniforms, insignia and department property

12.1   Many employers, agencies, departments and branches of service restrict endorsing a commercial product while identifiable as a member. Those rules vary and it is your responsibility to know your own.

12.2   Unless you hold written clearance from your chain of command or employer, you may not appear in content carrying your WAYS code while wearing a uniform, displaying department or unit insignia, using a department vehicle or equipment, or filming in a station, precinct or other official facility. If you hold clearance for specific content, email us to brand@waysenergy.com and keep a copy.

12.3   You may say what you do. You may say you are a firefighter, a paramedic, a police officer, or that you served.

13.  How we work together

13.1   You are an independent contractor. This agreement does not make you an employee, partner, agent or joint venturer of WAYS, and it does not entitle you to employee benefits.

13.2   You have no authority to make commitments on our behalf, to speak for us, or to enter into anything in our name.

13.3   You are responsible for your own taxes, insurance and any licenses or permissions you need.

13.4   Nothing here stops you working with other brands, provided you follow section 8.4.

14.  Confidentiality

14.1   We may share things with you that are not public, including upcoming products, pricing, campaign plans, content before it is published, and performance figures.

14.2   Keep those to yourself while this agreement is in force and for one year after it ends, unless we have made them public or you are legally required to disclose them.

15.  Ending this agreement

15.1   You may leave the program at any time by telling us.

15.2   We may end your participation at any time, with notice to the email address we hold for you.

15.3   We may suspend or end your participation immediately, without notice, where we reasonably believe you have committed fraud, misrepresented the product or the brand, or breached sections 7 to 12.

15.4   If the agreement ends for any reason other than fraud or a breach of sections 7 to 12, we will pay commission you have properly earned on qualifying sales completed before the end date, in the next payment run, and the $50 threshold still applies.

15.5   If we end the agreement for fraud or for a breach of sections 7 to 12, we may withhold unpaid commission related to the fraud or breach.

15.6   When the agreement ends, your code and link stop working. Take down or amend posts that still carry them, and stop using content we supplied.

16.  Changes

16.1   We may change this agreement, including commission rates and tier thresholds. We will give you at least 30 days' notice by email before a change to commission rates or tiers takes effect.

16.2   Changes apply to sales made after the change takes effect, never to sales already made.

16.3   If you do not accept a change, you may leave the program before it takes effect, and we will pay what you have earned under section 15.4.

17.  General

17.1   This agreement, together with the WAYS brand guidelines we give you, is the whole agreement between us about the Affiliate Program and replaces anything said or written before it.

17.2   You may not transfer this agreement to anyone else. We may transfer it as part of a sale or reorganization of our business.

17.3   If any part of this agreement is found unenforceable, the rest of it still applies.

17.4   If we do not enforce something straight away, that does not mean we have given up the right to enforce it later.

17.5   This agreement is governed by the laws of the State of Mississippi, and the courts of Holmes County, Mississippi have exclusive jurisdiction over any dispute.

17.6   Notices to us go to brand@waysenergy.com. Notices to you go to the email address on your affiliate account, so keep it current.

Affiliate acknowledgement

By ticking the box on the affiliate signup form, you confirm that:

    - you are at least 18 years old;

    -   you will disclose that you are a WAYS Energy affiliate on every post carrying your code or link;

    -   you understand commission is paid only on completed, non-refunded orders;

    -   you will not make health or medical claims about WAYS Energy products;

    -   you will follow the WAYS Energy brand guidelines, including keeping the brand out of political content;

    -   you have read and agree to this Affiliate Agreement.