1. DEFINITIONS

2. ENROLLMENT AND PARTICIPATION

We have the sole discretion to accept or reject any application. If accepted, your continued participation is subject to your full compliance with this Agreement. You expressly consent to be contacted by us about your application and the Program.

3. YOUR OBLIGATIONS

You agree to follow our Affiliate Program Policies, the Hyperdrive Digital Terms of Service, and all applicable laws and regulations. You confirm that:

• You have authority to enter this Agreement;
• You are not, and have not been within the past five years, under investigation or subject to enforcement by the FTC, FCC, or similar regulators – you will notify us at [[email protected]] within 24 hours if that changes;
• You will comply with all applicable laws, including the FTC Endorsement Guides, TCPA, CAN-SPAM, and state telemarketing laws;
• You will follow the Program Policies; and
• You will handle all Personal Data in line with privacy laws and our Data Processing Agreement.

A breach of this section is a material breach of this Agreement.

4. MULTI-TIER COMMISSION STRUCTURE

4.1 Commission Tiers

You may earn a Commission for each Qualified Purchase at the following rates:

4.2 Qualified Purchase Requirements

A purchase is a "Qualified Purchase" only if a customer:

1. Clicks your unique Affiliate Link (Level 1) or is part of your affiliate network (Levels 2-4);
2. Completes a new purchase;
3. Maintains their account in good standing for at least 45 days; and
4. Is not involved in any fraudulent, unlawful, or prohibited activity.

4.3 Commission Determination

We decide whether a purchase qualifies for a commission in our sole discretion. If we have questions or concerns about a transaction, we can pause or withhold commission payments, or take other action we think is appropriate.

We are not responsible for tracking failures caused by improperly formatted links or for any tracking failures that result from a user clearing their browser cookies, using a private browsing mode, or any other action that prevents the Affiliate Link from functioning correctly. We are also not responsible if a customer does not use your Affiliate Link and you later request commission credit or attribution for that sale.

4.4 Cookie Tracking

When a potential customer clicks your Affiliate Link, our system places a small text file called a "cookie" on their device. A cookie is a piece of data stored by a web browser that allows websites to remember information about a visitor's session and activity. Cookies are commonly used across the internet to enhance user experience and enable features like shopping carts, login sessions, and affiliate tracking.

The cookie placed through your Affiliate Link contains a unique identifier that associates the potential customer's browsing session with your affiliate account. This tracking mechanism allows us to accurately attribute purchases to the correct affiliate and determine which commission tier applies.

Hyperdrive Digital uses a 90-day cookie duration for all Affiliate Links. This means that if a customer clicks your Affiliate Link and makes a Qualified Purchase within 90 days of that click, you may be eligible to earn a Commission on that purchase, provided all other requirements in this Agreement are met. The 90-day period begins at the time of the initial click on your Affiliate Link.

If a customer clicks multiple Affiliate Links from different affiliates during the 90-day window, the most recent Affiliate Link clicked before the purchase will generally receive attribution for the sale. However, we reserve the right to use our tracking system's data and our sole discretion to determine proper attribution in cases where tracking data is ambiguous, conflicting, or potentially fraudulent.

Cookies may be deleted by the user, blocked by browser settings, or otherwise fail to track properly due to technical limitations, privacy tools, or user actions. We are not responsible for commissions lost due to cookie deletion, browser privacy settings, ad blockers, or any other circumstance that prevents proper tracking of your Affiliate Link.

4.5 Payment Terms

Commissions are paid out monthly. To get paid, you must have:

• Accurate and current contact information (your legal name, valid email address, and valid phone number)
• An active account with our payment provider
• Complete tax information on file

If this information isn't current, or if we can't reach you using the details you provided, we may pause your payments until you update your information.

You must maintain an active account with our payment provider and provide accurate tax information. We may hold payments until your earned Commissions exceed $50.00.

4.6 Commission Adjustments and Deductions

If we find a sale was fraudulent, unlawful, or broke this Agreement, we won't pay a commission. If we already paid you, we may deduct it from future commissions. We may also deduct from future commissions if a customer cancels, receives a refund, or reclaims their payment after purchase.

Commissions for all four levels are subject to the same payment terms, qualified purchase requirements, and adjustment policies outlined in this section.

5. CONFIDENTIALITY

Confidential Information includes all non-public business, technical, financial, or customer information you receive from us, including prospect or customer data. You may only use it to participate in the Program, and you must not share it with others unless the law requires it. This obligation survives termination.

6. INTELLECTUAL PROPERTY

6.1 License to Use Hyperdrive Digital Marks

We grant you a non-exclusive, non-transferable, revocable right to use the Hyperdrive Digital name, logos, and other brand assets that we make available to you (the "Hyperdrive Digital Marks") solely for your participation in the Program. You agree to:

• Use only the Hyperdrive Digital Marks we provide, without modification;
• Follow any usage guidelines we share with you; and
• Stop using the Hyperdrive Digital Marks immediately if we ask.

You may not imply that you are an employee, contractor, or legal representative of Hyperdrive Digital. Any goodwill from your use of the Hyperdrive Digital Marks or Materials belongs solely to Hyperdrive Digital. You will not contest or assist others in contesting our ownership or validity of the Marks. Improper use of the Marks automatically ends your license, and we may also pursue other remedies available under law.

6.2 License to Use Your Content

You give us permission to use your name, logo, image, likeness, voice, and any content you create or share in connection with the Program ("Affiliate Content") for our business purposes.

This includes permission to use, display, adapt, and build upon your Affiliate Content to help us market and promote Hyperdrive Digital, educate our team and community, improve our products and services, and train or enhance our artificial intelligence (AI) systems and tools.

We may use your Affiliate Content directly or through trusted partners who help us operate or improve our business under appropriate confidentiality commitments.

This permission is worldwide, royalty-free, and continues for Affiliate Content already created or shared, even after you leave the Program. To the fullest extent allowed by law, you waive any right to approve how we use your Affiliate Content and any rights of publicity, moral rights, or similar rights that might limit these uses.

We won't sell your Affiliate Content on its own. We may, however, use it to develop, train, or improve tools and systems that benefit the Hyperdrive Digital community, and we'll always use it in ways that won't harm your reputation or business and align with our business relationship.

7. TERM, TERMINATION, AND REMEDIES FOR BREACH

7.1 Term

This Agreement begins when you are accepted into the Program and continues until terminated.

7.2 Termination Without Cause

Either party may terminate this Agreement for any reason by providing 30 days' written notice. All termination notices to Hyperdrive Digital must be sent to [[email protected]], and notices to you may be sent to the email address associated with your affiliate account.

7.3 Termination and Remedies for Cause

If you break these rules, we may suspend or end your participation right away. This includes violations of FTC disclosure rules, CAN-SPAM or TCPA and related laws, misusing our Marks, failure to notify us of complaints as required in the Affiliate Program Policies, misrepresenting your relationship with Hyperdrive Digital, or taking actions that harm our reputation.

If we terminate this Agreement for cause, you forfeit all right to any unpaid Commissions (including all Level 1, Level 2, Level 3, and Level 4 commissions). Upon any termination, you must immediately cease using your Affiliate Link and all Hyperdrive Digital Marks.

8. INDEMNIFICATION

You will indemnify, defend, and hold Hyperdrive Digital harmless from any claims, damages, fines, or costs (including attorneys' fees) that result from:

• Your breach of this Agreement, Affiliate Program Policies, or applicable law;
• Your marketing activities, including violations of FTC, TCPA, CAN-SPAM, or state laws;
• Your collection, use, disclosure, or transfer of Personal Data;
• Any claim that your promotions, content, or use of Hyperdrive Digital Marks infringe third-party rights; or
• Your negligence, gross negligence, or willful misconduct.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT. OUR TOTAL CUMULATIVE LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF (A) THREE (3) TIMES THE COMMISSIONS PAID OR PAYABLE TO YOU IN THE CALENDAR MONTH IMMEDIATELY BEFORE THE CLAIM, OR (B) $1,500.

10. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

This Agreement is governed by the laws of the State where Hyperdrive Digital LLC is registered. Disputes won't go to court or jury trial — instead, they'll be resolved through binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

YOU AND HYPERDRIVE DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU AND HYPERDRIVE DIGITAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

11. NON-SOLICITATION

You agree not to intentionally solicit for employment any of our employees or contractors during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement. This provision is not intended to limit the mobility of employees or contractors who respond to general public job postings.

12. FORCE MAJEURE

Neither of us will be liable if events outside our reasonable control prevent performance. These events include natural disasters, war, terrorism, labor disputes, government actions, epidemics, acts of third-party service providers, or internet outages. The affected party must let the other know promptly and try to resume performance.

13. GENERAL PROVISIONS

13.1 Entire Agreement

This Affiliate Agreement (together with the Affiliate Program Policies, the Hyperdrive Digital Terms of Service, and the Data Processing Agreement) is the complete and exclusive agreement between you and us regarding the Program.

13.2 Amendments

We may update this Agreement from time to time, and we will notify you of any material changes. If you don't agree to a change, you may terminate your participation by giving us notice. Your continued participation in the Program after such notice constitutes your acceptance of the new terms.

13.3 Non-Exclusivity

This Agreement is not exclusive. You may promote other products and services, and Hyperdrive Digital may work with other affiliates, partners, and businesses.

13.4 Language

This Agreement is drafted in the English language. If a translated version of this Agreement is provided for convenience, the English version shall control and govern our relationship. Any translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.