Affiliate Program Terms

Nathan and Sons Affiliate Program Terms

Effective Date: May 7th, 2026

These Affiliate Program Terms ("Terms") govern participation in the Nathan and Sons Affiliate Program (the "Program") operated by Nathan and Sons, LLC ("Nathan and Sons," "we," "us," or "our"). By applying to, enrolling in, or participating in the Program, you ("Affiliate" or "you") agree to these Terms.

IMPORTANT NOTICE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE AGREEMENT TO ARBITRATE REQUIRES YOU AND NATHAN AND SONS TO RESOLVE MOST DISPUTES THROUGH BINDING, INDIVIDUAL, AND FINAL ARBITRATION, RATHER THAN IN COURT. IT ALSO INCLUDES A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE CLAIMS.

1. Enrollment
You must submit a complete and accurate application to join the Program. We may accept or reject any application in our sole discretion. Participation in the Program is limited to approved affiliates only, and approval may be revoked at any time.

You agree to keep your account information and contact details current and accurate.

2. Non-Exclusive Relationship
Your participation in the Program is non-exclusive. You are free to promote other brands, and we are free to work with other affiliates, ambassadors, influencers, and marketing partners.

3. Affiliate Links and Promotion
If approved, you may promote Nathan and Sons using the affiliate links, codes, creative assets, and other materials we provide or approve.

You agree to promote Nathan and Sons in a lawful, truthful, and professional manner and to ensure that your content does not contain false, misleading, defamatory, infringing, offensive, or otherwise inappropriate material.

You are responsible for accurately describing your promotional methods and traffic sources in your application and in any later updates you provide to Nathan and Sons. Nathan and Sons may request additional information about your promotional methods or traffic sources at any time, and you agree to provide it promptly. Certain promotional methods, including paid advertising, email campaigns, coupon distribution, browser extensions, and similar channels, may require prior written approval from Nathan and Sons.

4. Commission Eligibility
You may earn commissions only on qualifying purchases that are tracked through your valid affiliate link or code and are completed in accordance with these Terms.

Commissions are not earned on:

  • orders that are canceled, refunded, charged back, fraudulent, or otherwise invalid;
  • self-purchases, unless we expressly allow them in writing;
  • purchases made through unauthorized coupon, browser extension, paid advertising, spam, or other prohibited methods;
  • orders that cannot be properly attributed to your affiliate link or code;
  • any transaction that we determine, in our reasonable judgment, violates these Terms.

We reserve the right to review and adjust commissions before payment.

5. Payment Terms
Commission rates, payout timing, minimum payout thresholds, and approved payment methods will be communicated separately by Nathan and Sons and may be updated from time to time.

No commission will become payable unless and until at least thirty (30) days have passed after the applicable sale. This hold period is intended to account for refunds, chargebacks, order cancellations, fraud reviews, and other adjustments.

Nathan and Sons may withhold payment of commissions that are under review, reasonably suspected to be in violation of these Terms, or associated with returns, refunds, chargebacks, suspected fraud, or invalid attribution.

If Nathan and Sons determines that a commission was paid in error or relates to a transaction that was canceled, refunded, charged back, fraudulent, or otherwise invalid, Nathan and Sons may reverse that commission, offset it against future commissions, or require repayment.

6. Discount Codes and Offers
You may only use discount codes, offers, or promotions that Nathan and Sons provides to you or expressly approves in writing.

You may not:

  • promote expired, false, misleading, or unauthorized discounts;
  • imply that a discount or offer is exclusive unless we expressly say so;
  • post coupon codes on coupon sites, deal forums, browser extensions, or similar platforms unless we expressly approve that use in writing.

7. Paid Advertising
Affiliates may not promote Nathan and Sons through paid search, pay-per-click, search engine marketing, paid social ads, display ads, or other paid traffic sources unless Nathan and Sons gives prior written approval.

If Nathan and Sons approves paid advertising, the affiliate must comply with any conditions provided in that approval. Unless Nathan and Sons expressly agrees otherwise in writing, affiliates may not:

  • bid on Nathan and Sons, nathanandsons, any Nathan and Sons product name, any confusingly similar variation, or any misspelling of those terms;
  • bid on search terms that combine Nathan and Sons brand terms with words such as coupon, discount, promo code, deal, or similar terms;
  • use Nathan and Sons trademarks, brand names, product names, or confusingly similar terms in ad copy, display URLs, social handles, account names, or domain names;
  • direct-link paid ads to nathanandsons.com or use redirects intended to hide the original traffic source.

Affiliates running approved paid campaigns must add Nathan and Sons brand terms, product names, and common misspellings as negative keywords where applicable.

Upon request, an affiliate must promptly provide reasonable information about its traffic sources and promotional methods, including landing pages, ad copy, keyword lists, and other materials Nathan and Sons reasonably requests to confirm compliance with these Terms. Failure to provide this information within the requested timeframe will be considered a violation of these Terms.

If Nathan and Sons reasonably believes an affiliate has violated this section, Nathan and Sons may withhold commissions, reverse commissions, suspend the affiliate’s account, or terminate the affiliate from the Program at its sole discretion.

8. Prohibited Conduct
You may not, directly or indirectly:

  • engage in misleading, deceptive, or unethical marketing practices;
  • make false statements about Nathan and Sons, our products, pricing, availability, policies, or business;
  • impersonate Nathan and Sons or create the impression that you are acting on our behalf;
  • use spam, unsolicited commercial email, misleading redirects, forced clicks, cookie stuffing, fake leads, fake accounts, or fraudulent traffic;
  • post affiliate links on sites, channels, or platforms that contain unlawful, hateful, violent, sexually explicit, or otherwise objectionable content;
  • use software, pop-ups, toolbars, browser extensions, or automatic redirects that insert affiliate tracking without a genuine user action;
  • interfere with our own marketing, branded search, or relationships with customers or partners.

9. FTC and Advertising Compliance
You are solely responsible for complying with all applicable laws, rules, regulations, and platform requirements related to your marketing and promotional activities, including endorsement and disclosure rules.

You must clearly and conspicuously disclose your relationship with Nathan and Sons anywhere you promote our products or services. Your audience should understand that you may receive compensation if they purchase through your link or code.

Disclosures must be easy to notice and understandable in the same format and medium as the endorsement.

10. Content and Claims
You are responsible for the content you publish.

You may not make any false, misleading, unsubstantiated, or unauthorized claims about Nathan and Sons or our products. You may not make medical, health, performance, income, or other regulated claims unless Nathan and Sons has expressly authorized them in writing and they are supported by applicable law and reliable substantiation.

If Nathan and Sons requests that you edit or remove content relating to our brand, products, or Program, you agree to do so promptly.

11. Use of Brand Assets
Subject to these Terms, Nathan and Sons grants you a limited, revocable, non-exclusive, non-transferable license to use approved trademarks, logos, trade names, product names, affiliate links, codes, and marketing materials solely for your participation in the Program.

You may not alter brand assets without prior written approval. All goodwill arising from your use of our brand assets will inure solely to Nathan and Sons.

You may not register, use, or claim rights in any domain name, social media handle, account name, ad account, business name, or other identifier that includes Nathan and Sons, nathanandsons, any Nathan and Sons product name, or any confusingly similar variation or misspelling of any of the foregoing.

12. Traffic Source Verification
We may request information from you at any time about how you promote Nathan and Sons, including your websites, social channels, ad campaigns, email practices, landing pages, traffic sources, and audience acquisition methods.

You agree to cooperate promptly and honestly. If you fail to respond, provide incomplete information, or provide misleading information, we may withhold or reverse commissions, suspend your account, or terminate your participation in the Program.

13. Intellectual Property
Nathan and Sons retains all right, title, and interest in and to its trademarks, service marks, logos, trade dress, copyrights, content, and other intellectual property.

Except for the limited license expressly granted in these Terms, nothing gives you any ownership or other rights in Nathan and Sons intellectual property.

14. Confidentiality
Any non-public information we share with you about the Program, including commission structures, conversion data, product plans, launch details, customer information, and internal marketing guidance, is confidential and may not be disclosed or used for any purpose other than participating in the Program.

This obligation does not apply to information that is publicly available through no fault of yours or that you are required to disclose by law.

15. Term and Termination
These Terms begin when you are accepted into the Program and continue until terminated.

Either party may terminate your participation in the Program at any time, with or without cause, by giving notice to the other party. We may also suspend or terminate your participation immediately if we believe you violated these Terms, violated applicable law, harmed our brand, or engaged in conduct that creates legal, reputational, or commercial risk for Nathan and Sons.

Upon termination:

  • you must stop representing yourself as a Nathan and Sons affiliate;
  • you must stop using our affiliate links, codes, and brand assets;
  • you must remove or disable affiliate links and unauthorized promotional materials upon request.

We may withhold unpaid commissions for a reasonable period after termination to confirm that associated transactions are valid and compliant.

16. No Guarantee
We make no guarantee about the amount of income, traffic, conversions, or commissions you may earn through the Program.

The Program and any related materials are provided on an "as is" and "as available" basis, without warranties of any kind except as required by law.

17. Limitation of Liability
To the fullest extent permitted by law, Nathan and Sons will not be liable for any indirect, incidental, special, consequential, punitive, or lost profit damages arising out of or related to the Program or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Nathan and Sons' total liability arising out of or related to the Program or these Terms will not exceed the total commissions paid or payable to you in the six (6) months preceding the event giving rise to the claim.

18. Indemnification
You agree to defend, indemnify, and hold harmless Nathan and Sons, LLC and its owners, officers, employees, contractors, affiliates, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • your participation in the Program;
  • your content, marketing, or promotional activities;
  • your breach of these Terms;
  • your violation of any law, regulation, platform rule, or third-party right.

19. Independent Contractor
You are an independent contractor and not an employee, agent, partner, or representative of Nathan and Sons. You have no authority to bind Nathan and Sons or make commitments on our behalf.

20. Modifications
We may update these Terms from time to time. We will post the updated version with a revised effective date. Your continued participation in the Program after updated Terms become effective constitutes your acceptance of the revised Terms.

21. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AND NATHAN AND SONS AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THE PROGRAM, THESE TERMS, YOUR APPLICATION, YOUR PARTICIPATION IN THE PROGRAM, ANY COMMISSIONS OR PAYMENTS, ANY INFORMATION PROVIDED BY EITHER PARTY, THIS ARBITRATION SECTION, OR THE RELATIONSHIP BETWEEN YOU AND NATHAN AND SONS (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED EXCLUSIVELY THROUGH CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION.

BY AGREEING TO THESE TERMS, YOU AND NATHAN AND SONS ARE EACH WAIVING THE RIGHT TO SUE IN COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR COLLECTIVE ACTION, EXCEPT AS EXPRESSLY PROVIDED BELOW.

The arbitrator, and not any court or agency, will have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, formation, or validity of this arbitration section, including any claim that all or any part of this arbitration section is void or voidable, and whether it may be enforced by or against a non-signatory.

The arbitrator will also decide threshold issues of arbitrability, including any claim that these Terms or this arbitration section are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

You and Nathan and Sons agree that Disputes may be resolved only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class, collective, or representative proceeding.

If any court or arbitrator determines that the class action waiver in this section is void or unenforceable for any reason, or that arbitration may proceed on a class, collective, or representative basis, then the arbitration agreement in this section will be deemed null and void in its entirety.

22. Exceptions to Arbitration
Notwithstanding Section 21:

  • either party may bring an individual action in small claims court if the claim qualifies and remains on an individual basis;
  • either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened trade secret misappropriation, patent infringement, copyright infringement or misuse, trademark infringement or dilution, or the misappropriation or violation of other intellectual property rights.

23. Mandatory Pre-Dispute Procedures
Before starting arbitration, the party raising the Dispute must send a written notice of dispute to the other party (a “Notice of Dispute”). The Notice of Dispute must include the sender’s name, address, email address, and other contact information, a description of the facts giving rise to the Dispute, and the relief requested.

You may send a Notice of Dispute to Nathan and Sons by U.S. Mail to:

Nathan and Sons, LLC
9441 Double Diamond Pkwy., Suite 11-1057
Reno, NV 89521
Attn: General Counsel

You may also send a Notice of Dispute by email to legal@nathanandsons.com.

Nathan and Sons may send a Notice of Dispute to you using the contact information associated with your affiliate account or application.

You and Nathan and Sons agree to attempt to resolve any Dispute through informal negotiation for thirty (30) days after the Notice of Dispute is received. After that 30-day period, and not before, either party may begin arbitration, except that either party may bring a qualifying individual claim in small claims court without first completing informal negotiation.

Except where prohibited by law, any Dispute must begin the resolution process within one (1) year after the Dispute arises, including completion of the pre-dispute procedures in this section. Any claim started after that time is barred.

24. Arbitration Location and Procedure
For your convenience, arbitration may be conducted in the city or county where you reside or at another mutually agreed location. Arbitration may also be conducted remotely, by telephone, or through written submissions if both parties agree.

The arbitration will be administered by New Era ADR under its then-current Rules and Procedures, including any applicable fee schedules and supplementary rules, except as modified by these Terms. Information about New Era ADR and its rules is available at New Era ADR and New Era ADR Arbitration Rules.

The arbitration will be heard by a single arbitrator who is a retired judge or an experienced attorney. Payment of filing and administrative fees will be governed by the applicable rules of the arbitration administrator.

If twenty (20) or more similar arbitration demands are filed by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, or organization, the parties agree that New Era ADR may administer those demands in batches consistent with its applicable rules and procedures. You agree to cooperate in good faith with any such batching process intended to promote efficient resolution. This provision does not authorize class, consolidated, or representative arbitration.

If any court or arbitrator determines that the batching language in this section is unenforceable and that a mass arbitration may proceed without it, then the arbitration agreement in Sections 21 through 27 will be deemed null and void in its entirety.

25. Applicable Law
You and Nathan and Sons agree that this arbitration agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), governs the interpretation and enforcement of this arbitration section and any proceeding under it, to the fullest extent permitted by law.

If the FAA and the applicable arbitration rules are found not to apply to any issue arising under this arbitration section, then that issue will be resolved under the laws of the State of California, without regard to conflict of laws principles.

Except as otherwise provided in this arbitration section, the arbitrator will apply applicable substantive law and may award any individual remedy permitted by law. The arbitrator may award fees or costs only if expressly authorized by applicable law. Any award must be in writing and will be final, subject only to review or appeal rights expressly available under the FAA.

26. Severability and Survival of Arbitration Terms
If any portion of this arbitration section other than the class action waiver is found unenforceable, that portion will be severed and the remaining portions will remain in full force and effect.

This arbitration section is the complete arbitration agreement between you and Nathan and Sons concerning the Program and supersedes any inconsistent prior discussions about dispute resolution relating to the Program. It will survive termination of your affiliate account, your participation in the Program, these Terms, or your relationship with Nathan and Sons.

27. Opt-Out of Arbitration
You may opt out of this arbitration agreement by sending an email to arbitration-optout@nathanandsons.com within thirty (30) days after the earliest of:

  • the date you submit your affiliate application;
  • the date you are accepted into the Program; or
  • the date you first participate in the Program.

Your opt-out notice must clearly state that you do not agree to the arbitration agreement in these Affiliate Program Terms and must include your full name, mailing address, email address, and enough information for Nathan and Sons to identify your affiliate account or application.

If you opt out of arbitration, all other parts of these Terms will continue to apply. Opting out of this arbitration agreement will not affect any other arbitration agreement you may have with Nathan and Sons.

If Nathan and Sons later changes this arbitration section, you may reject that change by sending written notice within thirty (30) days after the revised terms become effective. Your rejection must clearly identify you and state that you reject the updated arbitration section. If you reject a later change, the arbitration terms that you previously accepted will continue to govern to the extent permitted by law.

28. Miscellaneous
These Terms, together with any commission schedules, program policies, or other terms incorporated by reference, constitute the entire agreement between you and Nathan and Sons regarding the Program and supersede any prior discussions or understandings relating to the Program.

Any waiver must be in writing by Nathan and Sons. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Any rights or obligations that by their nature should survive termination will survive termination, including payment adjustments, confidentiality, indemnification, dispute resolution, and limitations of liability.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Nathan and Sons may assign these Terms at any time.