AFFILIATE PROGRAM POLICIES

CODE OF CONDUCT

We've built our reputation on trust and transparency, and we expect our Affiliates to do the same. As a Hyperdrive Digital Affiliate, you must adhere to the following principles:

DISCLOSURE REQUIREMENTS (FTC COMPLIANCE)

Transparency is not just a good practice; it's the law. The Federal Trade Commission (FTC) requires you to disclose your relationship with Hyperdrive Digital clearly and conspicuously. This means your audience must be able to easily see and understand that you will earn a commission if they make a purchase through your link.

What is a "Material Connection"?

A material connection is any relationship that might affect the weight or credibility your audience gives to your endorsement. This includes, but is not limited to:

• Receiving a commission or payment when someone buys through your link.
• Receiving a free or discounted Hyperdrive Digital subscription.
• Receiving free products, swag, or other gifts from us.
• Having a family or employee relationship with Hyperdrive Digital.

You must disclose all material connections. For example, if you received a free account and you earn a commission, you must disclose both.

How to Disclose:

Your disclosure must be Clear and Conspicuous.

Make it Clear:

Use simple, unambiguous language.

Make it Conspicuous:

The disclosure must be easy to see. It should be in a font and color that are easy to read and not hidden in a footer, a block of hashtags, or behind a "more" link.

Place it Properly:

The disclosure should be placed as close as possible to the endorsement or affiliate link itself.

Examples by Platform:

Note: The examples above are for illustration only. They may not fit every platform, format, or situation. It's your responsibility to make sure your disclosures meet current FTC guidelines and any other applicable laws, which can change over time. These examples aren't legal advice and following them doesn't guarantee compliance.

MARKETING, PRIVACY, AND COMPLIANCE

You are responsible for ensuring all your marketing activities comply with the law. All marketing emails and text messages you send must clearly identify you—not Hyperdrive Digital—as the sender. You are the sole 'designated sender' under CAN-SPAM, TCPA, and state laws, and you are solely responsible for all related compliance obligations.

EMAIL MARKETING (CAN-SPAM ACT)

Any email you send promoting Hyperdrive Digital must comply with the CAN-SPAM Act. This includes:

• Accurate Headers and Subject Lines: Your "From," "To," "Reply-To," and routing information must be accurate and identify the person or business who initiated the message. Subject lines must accurately reflect the content of the message.
• Identify the Message as an Ad: The law requires you to disclose clearly and conspicuously that your message is an advertisement.
• Include Your Physical Address: Your message must include your valid physical postal address.
• Provide a Clear Opt-Out Mechanism: You must tell recipients how to opt out of receiving future email from you. Your opt-out method must:
• Be easy to recognize, read, and understand
• Be conspicuously displayed
• Be easy to use (one-click preferred)
• Be processed within 10 business days
• Honor Opt-Out Requests Promptly: You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.

Violations of the CAN-SPAM Act can result in penalties of up to $51,744 per violation. You are solely responsible for compliance and any fines or penalties that may result from your email marketing activities.

CALLS AND TEXT MESSAGES (TCPA & STATE LAWS)

You must obtain prior express written consent from a consumer before sending them any marketing text messages or making automated calls. This consent must be "one-to-one," meaning the consumer knowingly agrees to receive marketing calls or texts specifically about Hyperdrive Digital from you.

Requirements for Valid Consent:

• Written Consent: The consent must be in writing (electronic or paper).
• Clear and Conspicuous: The consent request must clearly state that the person is agreeing to receive marketing messages.
• Specific: The consent must specify that it's for marketing calls/texts about Hyperdrive Digital from you.
• Not a Condition of Purchase: Consent cannot be made a condition of purchasing any goods or services.
• Record Keeping: You must keep clear records of this consent for at least four years.

State Law Compliance:

You must comply with all federal, state, and local laws where you market Hyperdrive Digital, including stricter state telemarketing laws. Some states with particularly strict requirements include:

• Florida
• Oklahoma
• Texas
• Washington
• California

Be aware that state laws may impose additional requirements beyond federal TCPA rules, such as:

• Registration requirements for telemarketers
• Time-of-day restrictions for calls
• State-specific Do Not Call list compliance
• Additional disclosure requirements

DATA PRIVACY AND SECURITY

You must handle all personal information you collect in accordance with applicable data privacy laws (like GDPR and CCPA) and the Hyperdrive Digital Terms of Service and Data Processing Agreement. This includes:

Your Responsibilities:

• Lawful Processing: You must have a lawful basis for collecting and processing personal data.
• Data Subject Rights: You must honor all data subject rights requests (such as for access, correction, or deletion) in accordance with applicable law.
• Security: You must implement appropriate technical and organizational measures to secure the personal data you collect.
• Privacy Policy: You must maintain and publish your own privacy policy that accurately describes how you collect, use, and share personal information in connection with the Program.
• Independent Affiliate Disclosure: In your privacy policy, you must clearly disclose that you act as an independent affiliate of Hyperdrive Digital and not as Hyperdrive Digital itself.
• Transparency: You must be transparent with consumers about your data practices and provide clear notice before collecting personal information.

Cross-Border Data Transfers:

To the extent that you process or transfer Personal Data across international borders in connection with the Program, you shall ensure that such transfers comply with all applicable data protection laws and regulations, including but not limited to those governing cross-border data transfers. You shall implement appropriate safeguards as required by such laws, and shall not transfer Personal Data to any jurisdiction that does not provide an adequate level of data protection, unless such transfer is otherwise permitted by law and subject to appropriate safeguards. You agree to cooperate with Hyperdrive Digital in addressing any data transfer compliance requirements.

Specific Regulations:

SANCTIONS AND EXPORT CONTROLS

You may not promote Hyperdrive Digital to, or engage with, any Sanctioned Person or in any Sanctioned Country. The list of Sanctioned Countries and Sanctioned Persons changes over time. It's your responsibility to stay current with those updates and ensure ongoing compliance.

Compliance Requirements:

• Do not market to or engage with individuals or entities on the U.S. Treasury's Office of Foreign Assets Control (OFAC) sanctions lists
• Do not promote or provide services to individuals or entities in embargoed or sanctioned countries
• Do not directly or indirectly export, re-export, or transfer Hyperdrive Digital products to prohibited countries or individuals
• Do not allow our products to be used by sanctioned persons or in sanctioned countries

Current Information:

The latest designations of Sanctioned Countries and Sanctioned Persons are published by the U.S. Treasury's Office of Foreign Assets Control (OFAC) at https://ofac.treasury.gov. You should regularly check this resource to ensure ongoing compliance.

JURISDICTIONAL COMPLIANCE

You are solely responsible for understanding and complying with all applicable laws, regulations, and ordinances in the jurisdictions where you operate, market, or engage with potential customers.

This includes, but is not limited to, laws related to:

• Advertising and marketing
• Data privacy and protection
• Consumer protection
• Telemarketing and electronic communications
• Truth in advertising
• Unfair and deceptive practices
• Professional licensing (if applicable)
• Tax obligations
• Business registration and licensing

You must comply with laws in:

• Your local jurisdiction where you operate
• Any jurisdiction where your marketing activities may reach
• The jurisdiction of any consumers you engage with

COMPLAINT HANDLING

You must notify us within 24 hours if you receive any complaint related to your promotional activities or content connected to Hyperdrive Digital.

Reportable Complaints Include:

• Complaints about spam or unsolicited communications
• Claims of false or misleading advertising
• Privacy or data protection complaints
• Intellectual property disputes
• Regulatory inquiries or enforcement actions
• Consumer protection complaints
• Any other complaints related to your affiliate activities

How to Report:

Send all complaints and related information to: [email protected]

Your report should include:

• A description of the complaint
• The identity of the complainant (if known)
• Copies of any written complaints or communications
• The promotional materials or activities involved
• Any actions you have taken in response

MONITORING

We may review your promotional activities, such as websites, landing pages, ads, social posts, emails, and similar promotional channels to make sure they follow the Program Policies and the law. We may do this ourselves or through a trusted vendor.

What We May Monitor:

• Website content and landing pages
• Social media posts and advertisements
• Email campaigns and marketing materials
• Video content and promotional videos
• Advertising campaigns (PPC, display ads, etc.)
• Use of Hyperdrive Digital trademarks and brand assets
• Compliance with FTC disclosure requirements
• Compliance with CAN-SPAM, TCPA, and other regulations

Consequences of Non-Compliance:

Failure to comply with these rules can result in significant fines and legal liability for both you and Hyperdrive Digital. We take this very seriously and will terminate any affiliate who violates these rules.

Actions we may take for policy violations include:

• Warning and request for corrective action
• Suspension of affiliate account and commission payments
• Termination from the Affiliate Program
• Forfeiture of unpaid commissions
• Clawback of previously paid commissions for fraudulent activity
• Legal action to recover damages
• Reporting to regulatory authorities when required

Cooperation:

You agree to cooperate with any monitoring activities and to provide requested information or materials in a timely manner. Failure to cooperate may be treated as a violation of these Policies.

QUESTIONS AND SUPPORT

If you have questions about these Affiliate Program Policies or need guidance on compliance, please contact us: