Affiliate Agreement

Effective Date: Nov. 1st 2024.

Last Updated: Nov. 1st 2024.

This Affiliate Agreement ("Agreement") is entered into by and between SecurePayDays ("Company") and you, the individual or entity applying to become an affiliate ("Affiliate"). This Agreement governs your participation in SecurePayDays’ Affiliate Program. By clicking “I Accept the Terms and Conditions” or participating in the program, you agree to abide by the terms set forth in this Agreement.

Section 1: Definitions
1.1 Parties:

"Company" refers to SecurePayDays.
"Affiliate" refers to the individual or entity participating in the program.
1.2 Affiliate Program: A marketing program allowing affiliates to promote Company products and earn commissions based on sales generated through unique affiliate links.

1.3 Commission: A monetary reward earned by the Affiliate for qualifying sales tracked via their unique affiliate ID.

1.4 Qualifying Sale: A completed and non-refunded purchase made by a customer through the Affiliate’s link.

Section 2: Affiliate Application and Eligibility
2.1 Application Process:
To participate, you must submit a completed Affiliate application via the Company website. Company reserves the right to accept or reject applications at its sole discretion.

2.2 Eligibility Requirements:

You must be 18 years or older
.
Your application must contain accurate and complete information.
Affiliates must comply with all local, state, and international laws relevant to their activities.
Section 3: Affiliate Responsibilities
3.1 Promotion:
Affiliates may promote the Company’s products using banners, links, or approved marketing materials. All promotional activities must comply with Section 7 of this Agreement (Marketing Compliance).

3.2 Maintenance of Good Standing:
Affiliates must maintain ethical conduct in all promotional activities. Any actions deemed fraudulent, misleading, or unethical may result in termination.

3.3 Updating Information:
Affiliates must notify the Company of any changes to their contact or payment information within seven (7) days.

Section 4: Affiliate Commissions
4.1 Commission Structure:
Affiliates will earn a commission based on the structure outlined below:

General Affiliates: 30% of the product's sale price.
Premium Affiliates: 40% of the product's sale price (requires Company approval).
4.2 Payment Thresholds:

Commissions are paid in USD.
A minimum payout threshold of $100 must be met. Balances below $100 will roll over to the next payout period.
4.3 Payment Schedule:
Payments are made on the 1st and 15th of each month. If a payment date falls on a holiday or weekend, payments will be issued the following business day.

4.4 Refunds and Chargebacks:
If a Qualifying Sale results in a refund or chargeback, the corresponding commission will be deducted from future payments.

4.5 Taxes:
Affiliates are responsible for their tax obligations, including submitting a W-9 (U.S. residents) or W-8BEN (non-U.S. residents) before receiving payments.

Section 5: Term and Termination
5.1 Term:
This Agreement begins upon approval of your Affiliate application and continues until terminated.

5.2 Termination for Cause:
Company may terminate this Agreement immediately for the following reasons:

Violation of this Agreement.
Fraudulent activity or affiliate hopping.
Failure to meet compliance standards in Section 7.
5.3 Termination Without Cause:
Either Party may terminate this Agreement with thirty (30) days’ written notice.

5.4 Effect of Termination:
Upon termination, you forfeit any unpaid commissions that do not meet the minimum payout threshold and must immediately cease using all Company branding and marketing materials.

Section 6: Affiliate Tools and Tracking
6.1 Affiliate Dashboard:
Affiliates will receive access to a dashboard for tracking sales, commissions, and performance metrics.

6.2 Unique Affiliate Links:
SecurePayDays will provide a unique affiliate ID to track sales. It is the Affiliate’s responsibility to ensure proper usage.

Section 7: Marketing Compliance
7.1 FTC and Advertising Compliance:
Affiliates must comply with the FTC’s guidelines, including:

Clearly disclosing affiliate relationships (e.g., “I may earn a commission if you purchase through my link”).
Avoiding false claims about income or product results.
7.2 Prohibited Marketing Activities:

Spamming, including mass email campaigns without consent.
Misrepresentation of Company products or services.
Use of unethical marketing practices such as cookie stuffing.
Unauthorized use of paid search ads targeting Company trademarks or competitor names.
7.3 Approved Marketing Channels:
Affiliates may use personal websites, blogs, email campaigns (CAN-SPAM compliant), and approved social media platforms.

Section 8: Intellectual Property and Branding
8.1 License
:
Affiliates are granted a non-exclusive, revocable license to use Company-provided marketing materials solely for promotional purposes.

8.2 Restrictions:
Affiliates may not:

Modify or alter Company branding.
Create derivative works of Company materials.
Register domains or social media accounts resembling the Company’s brand.
Section 9: Confidentiality
Affiliates must maintain the confidentiality of all proprietary Company information, including commission structures, customer data, and marketing strategies, unless explicitly approved for disclosure.

Section 10: Limitation of Liability
The Company will not be liable for indirect, incidental, or consequential damages arising from the Affiliate Program, including but not limited to loss of revenue or goodwill.

Section 11: Governing Law and Dispute Resolution
11.1 Governing Law:
This Agreement shall be governed by the laws of the State of [State], without regard to its conflict of law principles.

11.2 Dispute Resolution:
Any disputes arising from this Agreement will be resolved through binding arbitration in [City, State].

Section 12: Modifications to the Agreement
The Company reserves the right to update or modify this Agreement at any time. Affiliates will be notified via email or dashboard notice. Continued participation constitutes acceptance of revised terms.

Section 13: Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the Affiliate Program and supersedes all prior agreements.

By participating in the SecurePayDays Affiliate Program, you acknowledge and agree to the terms set forth in this Agreement.