WAM Affiliate Program

Terms & Conditions

Whirlwind Action Movement

Effective Date: April 15, 2026

1. INTRODUCTION

Welcome to the Whirlwind Action Movement (“WAM”) Affiliate Program. This document sets forth the complete terms and conditions (“Agreement”) governing your participation as an affiliate (“Affiliate” or “you”) in the WAM Affiliate Program (the “Program”). By enrolling in the Program, you acknowledge that you have read, understood, and agree to be bound by all provisions of this Agreement.

The WAM Affiliate Program is designed to empower community advocates to share the mission and marketplace of the Whirlwind Action Movement while earning commissions on qualifying referrals. WAM is a movement rooted in unity, cultural protection, and the empowerment of creators — and our Affiliate Program reflects those values. Participation in the Program is a privilege extended to individuals and organizations who uphold the dignity, integrity, and principles of the movement.

2. DEFINITIONS

“WAM” refers to the Whirlwind Action Movement, including its marketplace, digital platforms, and affiliated operations.

“Affiliate” means any individual or entity approved to participate in the WAM Affiliate Program under this Agreement.

“Affiliate Link” means the unique, trackable URL or referral code assigned to the Affiliate by WAM for the purpose of tracking referral activity.

“Commission” means the monetary compensation earned by the Affiliate for qualifying referral activity as defined in Section 4.

“Qualifying Referral” means a completed, verified transaction by a new customer or vendor who was referred to WAM through the Affiliate’s unique Affiliate Link and who meets all eligibility criteria established by WAM.

“Referral Period” means the tracking window during which a referred visitor’s activity is attributed to the Affiliate, as determined by WAM’s tracking systems.

“Program Materials” means any logos, banners, text links, marketing copy, images, or other creative assets provided by WAM for use by Affiliates in promoting the Program.

“Marketplace” means the WAM digital marketplace where verified creators offer goods and services in alignment with WAM’s mission and standards.

“Founding Member” means an early participant who enrolls during the initial launch period and receives special recognition and benefits as determined by WAM.

3. ELIGIBILITY

To participate in the WAM Affiliate Program, you must meet the following requirements:

• a) You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater.
• b) You must submit a complete and accurate Affiliate application through the designated WAM enrollment process.
• c) You must maintain an active, publicly accessible website, blog, social media presence, or other approved promotional channel.
• d) Your promotional channels must not contain, promote, or link to content that is unlawful, defamatory, obscene, threatening, harassing, discriminatory, culturally disrespectful, or otherwise objectionable as determined by WAM in its sole discretion.
• e) You must not be a current employee, officer, or contractor of WAM, unless expressly authorized in writing by WAM leadership.
• f) You must comply with all applicable federal, state, local, and tribal laws and regulations, including but not limited to the Indian Arts and Crafts Act (25 U.S.C. §§ 305 et seq.).
• g) WAM reserves the right to accept or reject any application at its sole discretion and for any reason.

4. COMMISSION STRUCTURE

Affiliates earn commissions based on qualifying referral activity attributed to their unique Affiliate Link. The commission structure is as follows:

• a) Standard Commission Rate: Affiliates earn a commission on each Qualifying Referral as defined by the current published rate schedule. WAM reserves the right to adjust commission rates at any time with reasonable notice to Affiliates.
• b) Tiered Bonuses: WAM may, at its sole discretion, offer tiered bonus structures, seasonal promotions, or performance incentives. Any such bonuses will be communicated through official Program channels.
• c) Founding Member Bonuses: Affiliates who enroll during the Founding Member period may be eligible for enhanced commission rates or one-time bonuses, as determined and communicated by WAM.
• d) Attribution: Commissions are attributed based on WAM’s tracking systems. The Affiliate is responsible for ensuring proper use of their Affiliate Link. WAM’s tracking records shall be the sole and definitive source of referral data.
• e) Minimum Payout Threshold: Commissions will be disbursed only after the Affiliate’s accrued balance meets or exceeds the minimum payout threshold established by WAM, as published in the current rate schedule.

5. PAYMENT TERMS

Commissions are paid every week on Friday for referral activity completed during the previous Sunday–Saturday period.

• a) Payment Method: Commissions are disbursed via the payment method designated by WAM, which may include direct deposit, electronic transfer, or other approved methods. The Affiliate is responsible for providing accurate and current payment information.
• b) Tax Responsibility: Affiliates are solely responsible for reporting and paying all applicable taxes on commissions received. WAM may require submission of a completed IRS Form W-9 (or equivalent) prior to disbursing any payments. WAM will issue IRS Form 1099-NEC (or applicable form) for Affiliates earning above the applicable federal reporting threshold in any calendar year.
• c) Disputed Transactions: WAM reserves the right to withhold, reverse, or adjust commissions in the event of fraudulent, returned, canceled, or disputed transactions. Chargebacks, refunds, or order cancellations will result in a corresponding deduction from the Affiliate’s commission balance.
• d) Currency: All commissions are calculated and paid in United States Dollars (USD) unless otherwise specified by WAM.
• e) Unclaimed Payments: If an Affiliate fails to provide valid payment information or claim earned commissions within ninety (90) days of the payment date, WAM reserves the right to forfeit the unclaimed balance in accordance with applicable law.

6. PERMITTED PROMOTIONAL METHODS

Affiliates may promote WAM and its Marketplace using the following approved methods:

• a) Organic social media posts, stories, and content on personal or business accounts that are clearly identified as the Affiliate’s own.
• b) Blog posts, articles, reviews, and editorial content on websites or platforms owned or operated by the Affiliate.
• c) Email newsletters or communications sent to individuals who have provided explicit, verifiable opt-in consent to receive such communications from the Affiliate.
• d) Word-of-mouth and in-person referrals at community events, powwows, gatherings, and similar settings.
• e) Use of WAM-approved Program Materials in accordance with the guidelines set forth in Section 8.
• f) Video content, podcasts, or other digital media that accurately represents WAM and its mission.

All promotional methods must be truthful, non-deceptive, and consistent with the values, dignity, and mission of the Whirlwind Action Movement. WAM reserves the right to require pre-approval of any promotional content or campaign at any time.

7. PROHIBITED CONDUCT

Affiliates shall not engage in any of the following prohibited activities. Violation of any of these provisions may result in immediate termination, forfeiture of unpaid commissions, and potential legal action:

• a) Placing paid search ads, pay-per-click campaigns, or display ads that bid on WAM-related trademarks, brand names, or variations thereof without express written consent from WAM.
• b) Sending unsolicited commercial messages (spam), including but not limited to bulk emails, text messages, or direct messages to individuals who have not opted in to receive such communications.
• c) Making false, misleading, deceptive, or exaggerated claims about WAM, its products, services, mission, or the Affiliate Program, including fabricated testimonials, income claims, or guarantees.
• d) Engaging in cookie stuffing, click fraud, URL masking, forced clicks, automated scripts, or any form of artificial inflation of referral activity.
• e) Using the Program to promote, sell, or distribute counterfeit goods, or misrepresenting the origin, authenticity, or tribal affiliation of any product in violation of the Indian Arts and Crafts Act.
• f) Registering domain names, social media handles, or online accounts that incorporate WAM trademarks or are confusingly similar to WAM’s official accounts.
• g) Creating websites, landing pages, or content that impersonate or could reasonably be mistaken for official WAM properties.
• h) Engaging in any activity that is unlawful, discriminatory, culturally disrespectful, or harmful to the reputation, mission, or community of the Whirlwind Action Movement.
• i) Self-referral — using an Affiliate Link to generate commissions on the Affiliate’s own purchases or those of the Affiliate’s household members.
• j) Sub-licensing, transferring, or assigning Affiliate status or Affiliate Links to any third party without WAM’s express written consent.

8. INTELLECTUAL PROPERTY

• a) Limited License: WAM grants the Affiliate a limited, non-exclusive, non-transferable, revocable license to use WAM-provided Program Materials solely for the purpose of participating in the Affiliate Program and in strict accordance with this Agreement and any usage guidelines provided by WAM.
• b) Restrictions: The Affiliate shall not modify, alter, adapt, translate, or create derivative works from any Program Materials without WAM’s prior written consent. The Affiliate shall not use WAM’s name, logos, trademarks, or intellectual property in any manner that implies endorsement, sponsorship, or official affiliation beyond the scope of this Agreement.
• c) Ownership: All WAM trademarks, logos, brand elements, content, and intellectual property remain the sole and exclusive property of the Whirlwind Action Movement. Nothing in this Agreement grants the Affiliate any ownership interest in WAM’s intellectual property.
• d) Termination of License: Upon termination of this Agreement for any reason, the Affiliate must immediately cease all use of WAM’s Program Materials, trademarks, logos, and any other intellectual property, and must remove all such materials from all platforms and channels within five (5) business days of termination.

9. TERMINATION

• a) Termination by Affiliate: The Affiliate may terminate participation in the Program at any time by providing written notice to WAM. Upon termination, the Affiliate remains eligible to receive commissions for Qualifying Referrals completed prior to the effective date of termination, subject to meeting the minimum payout threshold and compliance with this Agreement.
• b) Termination by WAM: WAM reserves the right to suspend or terminate any Affiliate’s participation immediately and without prior notice for any reason, including but not limited to: violation of this Agreement, fraudulent or deceptive conduct, reputational harm to WAM, inactivity exceeding one hundred eighty (180) consecutive days, or any conduct that WAM determines, in its sole discretion, to be inconsistent with the values and mission of the movement.
• c) Effect of Termination: Upon termination, all rights granted under this Agreement shall immediately cease. WAM may withhold any unpaid commissions if termination results from the Affiliate’s breach of this Agreement or from fraudulent activity. Sections 7, 8, 10, 11, and 13 shall survive termination.
• d) Program Discontinuation: WAM reserves the right to modify, suspend, or discontinue the Affiliate Program at any time with reasonable notice. In the event of Program discontinuation, WAM will make reasonable efforts to pay all earned and unpaid commissions within sixty (60) days.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAM, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WAM’s total aggregate liability under this Agreement shall not exceed the total commissions actually paid to the Affiliate during the six (6) months immediately preceding the event giving rise to the claim. This limitation of liability applies to the fullest extent permitted by law and shall survive termination of this Agreement.

WAM does not warrant that the Program, its tracking systems, or the Marketplace will be uninterrupted, error-free, or free from unauthorized access. The Program is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory.

11. INDEMNIFICATION

The Affiliate agrees to indemnify, defend, and hold harmless WAM, its founders, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

• a) The Affiliate’s breach of any term, representation, or warranty in this Agreement;
• b) The Affiliate’s violation of any applicable law, regulation, or the rights of any third party;
• c) The Affiliate’s promotional activities, content, or materials, including but not limited to claims of defamation, intellectual property infringement, false advertising, or privacy violations;
• d) Any misrepresentation regarding the Affiliate’s relationship with WAM or the nature of WAM’s products, services, or mission;
• e) Any tax liabilities, penalties, or obligations arising from the Affiliate’s receipt of commissions under this Program.

This indemnification obligation shall survive the termination of this Agreement and the Affiliate’s participation in the Program.

12. MODIFICATIONS

WAM reserves the right to modify, amend, or update any provision of this Agreement at any time. Modifications will be communicated to Affiliates through the WAM Affiliate portal, email notification, or other official channels. Material changes will be communicated with no less than fifteen (15) days’ advance notice prior to taking effect.

The Affiliate’s continued participation in the Program following the effective date of any modification constitutes the Affiliate’s acceptance of the modified terms. If the Affiliate does not agree to the modified terms, the Affiliate’s sole remedy is to terminate participation in the Program in accordance with Section 9.

WAM may also update commission rates, payment thresholds, payout schedules, and Program Materials from time to time. Such operational changes do not require advance notice but will be published through official Program channels.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved exclusively in the state or federal courts located in El Paso County, Colorado, and the parties hereby consent to the personal jurisdiction and venue of such courts.

Nothing in this Agreement shall be construed to limit or waive any rights, protections, or sovereignty recognized under federal law, tribal law, or applicable treaties. WAM acknowledges and respects the sovereignty of all tribal nations and the protections afforded under the Indian Arts and Crafts Act and related federal statutes.

14. ACCEPTANCE

By submitting an application to the WAM Affiliate Program, clicking “I Accept,” or otherwise enrolling or participating in the Program, you represent and warrant that:

• a) You have read and understood this Agreement in its entirety;
• b) You have the legal capacity and authority to enter into this Agreement;
• c) You agree to be bound by all terms and conditions set forth herein;
• d) All information you have provided in your Affiliate application is truthful, accurate, and complete;
• e) You will comply with all applicable laws, regulations, and the policies of the Whirlwind Action Movement.

This Agreement constitutes the entire agreement between you and the Whirlwind Action Movement with respect to the Affiliate Program and supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written, relating to the subject matter hereof.

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