Partner Terms and Conditions
These Partner Terms and Conditions (the "Agreement") is between you ("Partner", "you") and Duskr, the operator of the After Dark online shop at afterdark.duskr.ca ("we", "us"). By ticking the box on the application form and submitting it, you agree to this Agreement. If we approve your application, it governs your participation in the After Dark Partner Program (the "Program").
1. Eligibility and your application
- You must be at least 19 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract.
- Everything you tell us must be true, complete and kept up to date, including your name, email address, channel or profile, and payout details. You may have only one Partner account.
- We may approve, reject or later suspend any application or Partner at our sole discretion, with or without giving a reason. Submitting an application does not guarantee approval.
2. The Program, your link and your code
- If approved, you receive a personal share link and a discount code (a hidden code, if you chose a link, or a visible code, if you chose a code). Customers who use your link or code receive the customer discount stated in your welcome email on eligible orders. At the time of writing this is 15% until January 5, 2027 (the "Launch Offer"), and 10% from then on. The discount on your code or link changes by itself when the Launch Offer ends, and your commission is always calculated on what the customer actually paid.
- Your link, code and dashboard link are for your own use only. You may not sell, transfer or share your dashboard link with anyone. Your dashboard link works as your login: you are responsible for keeping it private and for everything done with it. Tell us right away if you think it has been exposed and we will issue a new one.
- We may change, pause or end the Program, the customer discount, the commission rates or these terms at any time, as described in section 14. We may also limit which products, orders or customers a code applies to.
3. Commission
- Rate. You earn a commission on each Qualifying Order. The standard rate is 10% of the Commission Base. In any calendar month (measured in Pacific time) in which your Qualifying Orders reach $500 CAD in total Commission Base, every Qualifying Order from that month instead earns 12%. We may agree different rates with you in writing or by email.
- Qualifying Order. An order placed on afterdark.duskr.ca by a customer who used your link or your code at checkout, that is paid for, and that is not cancelled, refunded, charged back, fraudulent or otherwise disqualified under this Agreement. Orders are attributed to you only through your code or link as recorded by our systems. We do not credit orders made without your code or link, and our records are final unless there is a clear error.
- Commission Base. The order's product subtotal after all discounts, and after any refunds, returns or order edits. It does not include shipping, duties, taxes, tips, gift card purchases or fees. Amounts are in Canadian dollars and rounded to the nearest cent.
- Confirmation period. Commission is "pending" until 21 days after the order, so that returns, refunds and chargebacks can settle. Only after that does it become payable. Orders that are cancelled, refunded or charged back, in whole or in part, earn no commission on the refunded part. Refunded and cancelled orders do not count toward the monthly threshold.
- No commission on your own orders. You earn nothing on orders placed by you, a member of your household, your business or anyone acting for you, or on orders that appear to be made to earn commission. Using your own code or link may end your participation.
- Repeat purchases. Codes are limited to one use per customer, so commission is paid on a customer's first order with your code only, unless we tell you otherwise.
- No guarantee of earnings. We make no promise about how much, if anything, you will earn. Example figures are illustrations, not forecasts.
- First-sales bonus. When your first 10 Qualifying Orders have each passed the confirmation period without being refunded, we add a one-time bonus of $25 CAD to your payable balance. It is paid once per Partner, counts only orders from different customers, and does not count orders placed by you or on your behalf. If orders that counted toward the bonus are refunded before it is paid, we may withdraw it.
- Free product. Once you have your first Qualifying Order, or have shared a public post featuring your link and sent that post to us, you may choose one item from afterdark.duskr.ca with a retail value of up to $30 CAD, and we will send it to you free of charge. This is available once per Partner, by email with your choice and your shipping details. It is subject to availability, we may substitute a similar item, and it is not available to a Partner who is suspended or has breached this Agreement. A free product is a benefit that you must disclose in any content you post about it (see section 6), and it may count as income for tax purposes.
4. Payment
- We pay payable commission every second Friday, in Canadian dollars, by Interac e-Transfer or PayPal to the payout address you gave us. Your dashboard shows the date of the next payout. You are responsible for the accuracy of your payout details; we are not liable for payments sent to details you gave us.
- The minimum payout is $25 CAD. Smaller balances roll over to the next payout. If a payment cannot be delivered and we cannot reach you for 12 months, any unpaid balance is forfeited to the extent the law allows.
- If we pay commission on an order that is later refunded, charged back or found to be in breach of this Agreement, we may deduct that amount from your future payouts or ask you to repay it, and you agree to do so.
- We may withhold or delay payment while we investigate suspected fraud, abuse, a breach of this Agreement or a legal requirement, and we may refuse to pay commission earned through a breach.
- You are responsible for any bank, transfer or currency-conversion fees charged to you by your own bank or PayPal.
5. Taxes and independent relationship
- You are an independent contractor. Nothing in this Agreement makes you our employee, agent, partner, franchisee or joint venturer, and you cannot bind us or speak for us.
- You are solely responsible for your own taxes on what you earn, including income tax and, if it applies to you, GST/HST or similar. We may ask for tax information and may withhold or report payments where the law requires us to.
6. How you may promote After Dark
You promise to follow every rule in this section, and the law, whenever you promote After Dark.
- Adults only. After Dark sells adult products. You must direct promotion only at adults, and must not knowingly promote to, or place promotion where it is likely to be seen by, anyone under the age of majority. Use the age restrictions and settings your platform provides. Never use or depict minors, or anyone who appears to be a minor.
- Disclose your relationship. You must clearly and prominently disclose that you earn a commission or benefit when people buy through your link or code (and that you received any free product, if you are posting about it), in plain words such as "I earn a commission" or "#ad" placed where it is seen before the viewer acts, in every post, video, message and page that contains your link or code, and in the same language as the post. Follow the disclosure rules of the Competition Bureau Canada and Ad Standards, the US Federal Trade Commission if you reach US audiences, and your platform.
- Be honest. Do not make false or misleading claims about After Dark, its products, prices, discounts, shipping, availability or results. Do not make medical, health, therapeutic or performance claims. Describe products only as they are described on our website. Do not invent reviews or testimonials, and give only your genuine opinion.
- No spam. Do not send unsolicited commercial emails, texts or direct messages. Comply with Canada's Anti-Spam Legislation (CASL) and the equivalent laws where your audience lives. You may message only people who have properly consented to hear from you.
- Where your link and code may appear. Do not post your code or link on coupon, deal, cashback or rewards websites or apps, browser extensions, or in paid search ads, unless we approve it in writing. Do not bid on or buy search advertising for "After Dark", "Duskr" or similar terms, and do not register domains, social handles or app names that use or resemble our names or logos.
- Fair tracking. Do not use cookie stuffing, forced clicks, hidden or auto-redirecting links, malware, adware, bots, fake accounts or any method that credits you for orders you did not genuinely earn. Do not pay or reward people to place orders, and do not purchase orders yourself to earn commission.
- Platforms and content. Follow the terms of every platform you use. Do not promote with content that is unlawful, defamatory, hateful, violent, non-consensual, exploitative, infringes anyone's rights, or that is sexually explicit in a way the platform forbids. Do not imply that we endorse you or your content, and do not impersonate us.
- You are solely responsible for your content and promotion, and for having every right and consent needed to publish it.
7. Our name, logo and materials
- We own the names "Duskr" and "After Dark", our logos, product images, text and other materials ("Materials"). While you are an approved Partner, we give you a limited, non-exclusive, non-transferable, revocable licence to use Materials we provide, or that appear on our website, solely to promote After Dark under this Agreement. You may not alter them or use them in any way that suggests a different relationship with us.
- You keep ownership of your own content. You give us a non-exclusive, worldwide, royalty-free licence to repost, share and credit your public content that features After Dark, for as long as it stays public.
- Product names and images may belong to the brands we sell. Use them only as we permit, and respect those brands' own rules.
- Promo kit. The images and captions we provide in your dashboard are Materials. You may post them as they are and adapt the captions in your own words, but you must keep the commission disclosure, you may not crop, edit or combine the images in a way that misrepresents a product, its price or our shop, and you may not present them as your own work.
8. Customer privacy and confidentiality
- You will only ever see order numbers, dates and amounts in your dashboard. You must not try to find out who our customers are, and you must not use or share any customer information that you somehow receive. Tell us if you receive any.
- Keep non-public information we share with you about the Program or our business (including your dashboard contents, unreleased offers and our rates) confidential, unless the law requires you to disclose it.
9. Your personal information
- We collect the information you give us in your application (your name, email, channel, how you plan to promote, and payout details), your activity as a Partner (the orders and visits attributed to you and your payouts), and technical details such as a one-way hashed form of your IP address to prevent abuse.
- We use it to review your application, run the Program, track and pay commission, prevent fraud and abuse, keep records, communicate with you and meet legal obligations. We do not sell it.
- We share it only with service providers that help us run the Program (for example hosting, database, email, e-commerce, payment and payout providers), and where the law requires. These providers may store or process data outside Canada, and it may be accessible to authorities in those places.
- We keep it for as long as you are a Partner and as long afterwards as we need it for tax, accounting, legal and dispute purposes. You may ask to see or correct your information, or to withdraw your consent where the law allows, by contacting us. Our general privacy practices are described in our privacy policy at duskr.ca/privacy.html. If this Agreement and that policy conflict about Partner information, this Agreement applies.
10. Suspension and termination
- Either of us may end this Agreement at any time, for any reason, by telling the other by email. You can stop at any time by emailing us.
- We may suspend your link and code, withhold payments, void commissions, and terminate this Agreement immediately if we reasonably believe you have breached it, broken the law, harmed our reputation, or acted fraudulently.
- When this Agreement ends, you must stop using Materials and remove your link and code from places you control. Commission that was confirmed and payable before the end date, and was not earned in breach of this Agreement, will still be paid on the normal schedule. Pending commission on orders that complete their confirmation period will also be paid unless the termination is for your breach. Orders placed after the end date earn nothing.
- Sections that by their nature should continue (including 3.4, 3.5, 4.3, 4.4, 5, 6 (for past content), 7, 8, 9, 11 to 15) survive ending of this Agreement.
11. Disclaimers
- The Program, dashboard and tracking are provided "as is" and "as available". We do not promise they will be uninterrupted, error-free or always accurate, or that any particular code, link or order will be tracked. To the fullest extent the law allows, we disclaim all warranties, express or implied.
- We do not guarantee any level of traffic, sales, product availability, prices or promotions.
12. Limitation of liability
- To the fullest extent the law allows, we are not liable to you for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, audience, data or goodwill, arising out of or related to the Program, even if we were told they were possible.
- Our total liability to you for everything arising out of or related to this Agreement is limited to the commission payable to you in the 12 months before the event that gave rise to the claim.
- Nothing in this Agreement limits liability that cannot be limited by law, including for fraud or gross negligence.
13. Indemnity
You will defend, indemnify and hold harmless Duskr, After Dark and our owners, employees, contractors and suppliers from any claim, loss, penalty, cost or expense (including reasonable legal fees) arising from your content, your promotion, your breach of this Agreement, or your violation of any law or third-party right.
14. Changes to this Agreement
We may update this Agreement, including commission rates and the customer discount, from time to time. For changes that are materially unfavourable to you, we will give at least 14 days' notice by email to the address you gave us or by posting on your dashboard. A change to rates applies only to orders placed after the change takes effect. If you continue to promote After Dark after the notice period, you accept the update. If you do not agree, you may end your participation by emailing us. The version that applied when you applied is recorded with your application.
15. General
- Governing law. This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict of laws rules. You and we submit to the exclusive jurisdiction of the courts of British Columbia, except that we may seek urgent relief against misuse of our marks or Materials in any court. Before starting a claim, each of us agrees to try to resolve it informally by writing to the other first.
- Entire agreement. This Agreement, together with your welcome email and any written rates we agree with you, is the whole agreement between us about the Program and replaces anything said before.
- If part is unenforceable. If a part of this Agreement is found unenforceable, the rest still applies, and that part will be applied as far as the law allows.
- No waiver. If we do not enforce a right right away, we have not given it up.
- Assignment. You may not transfer this Agreement or your rights under it without our written consent. We may transfer it as part of a sale or reorganization of our business, or to an affiliate.
- Events beyond our control. We are not responsible for delay or failure caused by events beyond our reasonable control.
- Electronic agreement and notices. You agree to this Agreement electronically, and that we may give you notices by email at the address in your application or through your dashboard. Keep your email address up to date.
- Contact. Questions, notices to us, or requests about your information: write through our contact page at afterdark.duskr.ca/pages/contact and mention that you are a Partner.
Version 2026-10-07. Effective for applications received on or after that date.