Terms And Conditions

Fluidity Rx™ Practitioner Affiliate Terms and Conditions

Effective Date: 9-23-25

This Practitioner Affiliate Agreement (“Agreement”) is entered into by and between Fluidity Direct LLC, a Delaware limited liability company (“Company”), and the individual or entity (“Practitioner” or “Affiliate”) who accepts these Terms and Conditions electronically by clicking “Join Our Affiliate Program” and completing the required registration form.

Program Overview

Fluidity Rx offers a plug-and-play At-Home Movement Program designed to support musculoskeletal health through innovative equipment and on-demand digital content. This Agreement enables qualified Practitioners to become Affiliate Partners who may refer clients, earn commissions, and promote the Fluidity Rx product line, subject to the terms herein.

Eligibility and Licensure

The Practitioner affirms they:

Are at least 18 years of age;
Hold any professional medical license or certification required for their practice in their jurisdiction;
Have provided accurate and complete registration information, including a valid medical license number if applicable.

Fluidity Direct LLC reserves the right to verify any information provided and to refuse participation in its sole discretion.

Affiliate Starter Package & Initial Terms

Qualified Practitioners may access a $99 Affiliate Starter Package, which includes:

One Fluidity Rx Stability Device (25% discounted)
One Tablet Holder (for in-office use)
Access to Video-on-Demand (VOD) Library
QR Code Business Cards
Access to Practitioner Dashboard
Listing in the Fluidity Rx Practitioner Directory

Performance Requirement (First 60 Days):

To fully activate affiliate benefits and retain the starter package:

Practitioner must refer at least two (2) clients who each purchase a Fluidity Rx Stability Device within 60 days of signing this Agreement and receiving all hard goods including QR Codes and VOD.

If Requirement Is Met:

Practitioner retains all equipment.
Practitioner earns a 5% commission on all first-time client purchases.
If five (5) or more clients purchase in a single calendar month, the commission increases to 10% for that month.

If Requirement Is Not Met:

Practitioner will be charged the remaining balance:
- $899 (25% discounted device)
- $49.99 (tablet holder)
- Minus $99 (initial payment)
- Total Due: $849.99
The $99 fee will be applied as a credit toward their purchase.
No refunds will be issued.

Ongoing Participation Requirements

To retain full affiliate access and benefits (including active dashboard access, directory listing, and commission eligibility), Practitioner must refer at least one (1) purchasing client per month.

If No Referrals in a Month:

Affiliate status remains in good standing.
No fees will be charged.
However, affiliate perks may be paused until referral activity resumes.

Commissions & Payments

Commissions are paid monthly 60 days after month close and tracked via the Practitioner Dashboard. This allows clients to return their product so that commissions are accurate. No commission will apply to any returned product.
Payments are based on verified client purchases using the Practitioner’s unique QR code or referral link.
Practitioner is responsible for ensuring proper tax reporting for all earnings (1099-NEC will be issued as required by IRS guidelines).
No commission will be paid for self-purchases.

Professional Conduct & Use of Materials

Practitioner agrees to:

Use Fluidity Rx content, materials, and branding in accordance with Company guidelines.
Practitioner’s Unique QR Codes are only to be handed out in the office and not to be posted on the internet.
Practitioners QR Code Business Cards will have legal language required by the FTC – “As a Practitioner Affiliate of Fluidity Rx, I may receive a commission if you purchase a product using my referral QR code. You’ll also receive a discount on your order.
Practitioners can email their clients with links that will embed their unique information but only to their client list and not to the public. Fluidity Rx will supply these links and will make sure to embed the proper FTC legal language in them.
Practitioners agree not to purchase the Fluidity name for any form of advertising but can reference that they are a Fluidity Rx provider in their Social Media posts as long as they are in good standing.
Refrain from making false, misleading, or unsubstantiated claims regarding the products.
Refrain from referring the product to anyone who it is not medically appropriate. That said most humans have musculoskeletal issues.
Comply with all applicable local, state, and federal laws, including HIPAA and FTC endorsement guidelines.
Maintain professional standards in all communications with clients and the public.

Communications & Consent

By entering into this Agreement, the Practitioner provides explicit consent as follows:

The Company may communicate with the Practitioner via phone, email, and text message using the contact details provided during registration. The Practitioner understands and accepts the inherent risks of unintentional disclosure via these communication methods and acknowledges that their wireless carrier may apply additional messaging or data rates.
The Practitioner consents to the use of their contact information for purposes including, but not limited to: customer satisfaction surveys, delivery of information and products, program follow-up, advertising, telemarketing, billing, and collections.
The Practitioner specifically authorizes Fluidity Direct LLC to use:
- Automated telephone dialing systems (ATDS),
- Pre-recorded or artificial voice calls, and
- Text messages, in connection with communications related to the affiliate program.
This consent shall apply to all past, present, and future communications with the Company.

Intellectual Property

All Fluidity Rx content, including videos, branding, graphics, trademarks, and instructional guides, remain the exclusive intellectual property of Fluidity Direct LLC. Practitioner is granted a limited, non-exclusive license to use these materials for the duration of this Agreement solely for promotional and educational purposes.

Term & Termination

This Agreement remains in effect unless terminated by either party.

Termination by Practitioner:

Practitioner may terminate this Agreement at any time by providing written notice.

Termination by Company:

Fluidity Direct LLC may terminate this Agreement:

At any time for convenience, with 7 days’ notice;
Immediately for breach of contract, misrepresentation, or conduct deemed unethical or harmful to the brand.

Upon termination, affiliate commissions cease, access to the dashboard may be revoked, and no refunds will be issued for prior purchases.

Disclaimers

Fluidity Rx products and content are not intended to diagnose, treat, cure, or prevent any medical condition. Practitioners agree not to represent otherwise and must ensure clients consult with appropriate healthcare professionals before starting any program.

Modifications and Updates

Fluidity Direct LLC reserves the right to modify, amend, or update the terms of this Agreement and the associated affiliate program policies from time to time, in its sole discretion, in order to reflect changes in business practices, legal requirements, or program enhancements.

Any such changes will be communicated to the Practitioner in writing (including via email or platform notifications), and continued participation in the program after such notice will constitute acceptance of the revised terms.

We are committed to ensuring that any modifications are made thoughtfully and in a manner that supports transparency and fairness.

Limitation of Liability

To the fullest extent permitted by Florida law, Fluidity Direct LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to this Agreement, including lost profits or client disputes.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law provisions. Any disputes shall be resolved in the appropriate state or federal courts located in Brevard County, Florida.

Independent Contractor Relationship

Nothing in this Agreement creates an employment, agency, or joint venture relationship. Practitioner is an independent contractor and is not authorized to make commitments on behalf of Fluidity Direct LLC.

Assignment

This Agreement, and any rights or obligations under it, may be assigned or transferred by Fluidity Direct LLC at any time, in whole or in part, to any affiliated entity, successor organization, or third party, including through merger, acquisition, or sale of assets, without prior notice to or consent from the Practitioner.

The Practitioner may not assign, delegate, or transfer this Agreement, or any part thereof, without the prior written consent of Fluidity Direct LLC. Any attempted assignment in violation of this section shall be null and void.

Entire Agreement

This Agreement, along with any related program materials or disclosures provided by Fluidity Direct LLC, constitutes the entire understanding between the parties and supersedes all prior discussions or communications.

Electronic Acceptance

By joining our Practitioner Partner (Affiliate) Program, Practitioner acknowledges they have read, understood, and agreed to these Terms and Conditions, including the communication consents, and that this electronic acceptance constitutes a binding agreement under Florida law.