Affiliate Program Terms of Service

01 Definitions

• "Affiliate Link" means the unique tracking link, code, or other identifier we issue to you for use in promoting the App.
• "Affiliate Platform" means the third-party platform we use to administer the Program, including referral tracking, reporting, and payout processing.
• "Referred Customer" means a customer who installs and subscribes to the App and is attributed to you under Section 3.
• "Net Revenue" means the subscription revenue actually received by the Company that is attributable to a Referred Customer, less: refunds, credits, and chargebacks; payment processing fees; platform, marketplace, or app-store fees (including any Shopify revenue share or transaction fees); and applicable taxes.
• "Commission" means the amount you may earn under these Terms, as described in Section 4.

02 Enrollment & Eligibility

Enrollment in the Program is open and does not require prior approval. You may begin participating once you complete signup through the Affiliate Platform and accept these Terms.

To participate, you must be at least 18 years old and able to form a binding contract. You agree to provide accurate, current, and complete information at enrollment and to keep it updated. We may decline, suspend, or terminate any account at our sole discretion, including where we reasonably suspect fraud, abuse, or a violation of these Terms.

You participate in the Program as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship, and you have no authority to bind or create obligations on behalf of the Company.

03 Affiliate Links & Attribution

We will issue you one or more Affiliate Links. A customer is attributed to you when they click your Affiliate Link and subsequently install and subscribe to the App within the attribution window.

The attribution window is 30 days on a last-click basis: where a customer has interacted with more than one affiliate's link, the most recent qualifying click within the window receives credit. Attribution relies on cookies and tracking technology, and may be affected by a customer's browser settings, privacy tools, or use of multiple devices. We are not responsible for referrals that cannot be tracked for reasons outside our reasonable control.

If you believe a referral was not correctly attributed, you may submit a claim through the Affiliate Platform. We will review claims in good faith, and our determination of attribution is final.

04 Commissions

For each Referred Customer, you will earn a Commission equal to 25% of the Net Revenue generated by that customer.

Commissions are recurring and continue to accrue for the lifetime of the Referred Customer's active, paid subscription, for as long as (a) the customer remains a paying subscriber, (b) you remain in good standing in the Program, and (c) the Program remains in effect. Commissions stop accruing if the customer cancels, lapses, or stops generating Net Revenue, and resume only if and when the same customer is again generating Net Revenue while these conditions remain met.

A Commission is considered earned only after the underlying Net Revenue has been received by the Company and the applicable clawback period in Section 6 has passed without a reversing event. Commissions are calculated in U.S. dollars.

We may modify Commission rates and structure on a going-forward basis as described in Section 16. Any such change will not reduce Commissions already earned before the change takes effect.

05 Payouts

Payouts are processed through the Affiliate Platform using Stripe. To receive payment, you must set up and maintain a valid Stripe payout account and link a bank account through the Affiliate Platform. You are responsible for the accuracy of your payout details, and we are not liable for payments delayed or misdirected due to incorrect information you provide.

Payouts are issued on a monthly basis for all earned Commissions, provided your outstanding earned balance meets or exceeds the $50 minimum payout threshold. Balances below the threshold roll over and accumulate until the threshold is met. The Company absorbs payout processing fees, so the Commission amount you receive is not reduced by those fees.

Stripe and your bank may take several business days to process and settle a transfer after a payout is initiated. Timing may vary based on your location, your bank, and risk or compliance review by the payment processor.

06 Refunds, Chargebacks & Clawbacks

Commissions are paid on revenue that is retained, not on revenue that is later reversed. If, within 60 days of the underlying transaction, a Referred Customer's payment is refunded, charged back, canceled, fails, or is otherwise reversed, the associated Commission will be reversed (a "clawback").

For a partial refund, the Commission is reversed in proportion to the refunded amount. If a clawback occurs before a Commission has been paid, it is deducted from your balance. If a clawback occurs after a Commission has been paid, the amount may be deducted from your next payout; if your balance becomes negative, the negative balance carries forward and offsets future Commissions until cleared.

We will record clawback adjustments in the Affiliate Platform. If you believe a clawback was applied in error, contact us within 14 days and we will review it in good faith; we may request order or payment references to verify the underlying event.

07 Prohibited Conduct

You agree that you will not, directly or indirectly:

• Self-refer. Use your own Affiliate Link to install or subscribe yourself, or to refer accounts you, your business, or your household own or control; or coordinate with others to do the same. Referrals sharing your name, address, email, IP, payment details, or business may be treated as self-referrals and will not be paid.
• Bid on our brand terms. Bid on, or use in paid search or paid advertising, the terms "Mod Bundles," "Modern Web Dev," our trademarks, or confusingly similar variations or misspellings, or use display URLs that imply you are the Company.
• Stuff cookies or set tracking without a genuine, intentional click by the prospective customer.
• Spam. Send unsolicited email, SMS, or messages, or promote the App through any means that violates applicable law, including the CAN-SPAM Act and the TCPA.
• Misrepresent the App or the Company, make false or misleading claims, promise unauthorized discounts or incentives, or imply an endorsement or relationship that does not exist.
• Impersonate the Company or any other person, or operate sites or content that copy or imitate the look and feel of the App or the Company's properties.
• Promote the App in connection with any unlawful, deceptive, infringing, obscene, or harmful content, or in any manner that could damage the Company's reputation.

We may withhold, reverse, or forfeit Commissions, and suspend or terminate your participation, for any violation of this Section. Our determination of a violation is made in our reasonable discretion.

08 Disclosure & Advertising Compliance

You are responsible for complying with all applicable advertising and consumer-protection laws and disclosure obligations, including the U.S. Federal Trade Commission's endorsement guidelines. You must clearly and conspicuously disclose your affiliate relationship with the Company wherever you promote the App, in a way that is easy for your audience to notice and understand.

09 Intellectual Property & Brand Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Affiliate Links and the logos, creative, and promotional assets we make available through the Affiliate Platform, solely to promote the App in accordance with these Terms and any brand guidelines we provide.

You may not modify our assets or marks, use them in any way that is misleading or disparaging, or register or use any domain name, social handle, trademark, or keyword that incorporates our marks or confusingly similar variations. All rights not expressly granted are reserved by the Company. This license ends automatically when your participation ends, and you must promptly remove our Affiliate Links, marks, and assets from your properties.

10 Confidentiality

The Program may give you access to non-public information about the Company, including commission data, performance metrics, and program details. You agree to keep such information confidential, to use it only to participate in the Program, and not to disclose it, during and after your participation, except as required by law.

11 Taxes

You are solely responsible for determining and paying any taxes owed on Commissions you receive. You agree to provide a completed IRS Form W-9 (or the applicable form for non-U.S. persons) upon request, and you authorize us to issue a Form 1099 or other tax document where required. We may withhold payouts until required tax documentation is provided.

12 Term & Termination

These Terms take effect when you enroll and continue until terminated. Either party may terminate participation in the Program at any time, for any reason, with or without notice.

On termination: your Affiliate Links will be deactivated; the license in Section 9 ends and you must cease using our marks and assets; and recurring Commissions stop accruing. Earned Commissions that have cleared the clawback period and meet the payout threshold will be paid in the normal cycle, except that we may withhold or forfeit Commissions if your participation was terminated for a violation of these Terms or for suspected fraud. Sections that by their nature should survive termination (including Sections 6, 9, 10, 11, and 13–19) will survive.

13 Disclaimer of Warranties

The Program and the Affiliate Platform are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Program or tracking will be uninterrupted, error-free, or that participation will result in any particular level of earnings.

14 Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of or relating to the Program or these Terms. In all cases, the Company's total aggregate liability arising out of or relating to the Program will not exceed the total amount of Commissions paid to you in the twelve (12) months immediately preceding the event giving rise to the claim.

15 Indemnification

You agree to indemnify, defend, and hold harmless the Company and its members, officers, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your participation in the Program, your promotional methods or content, or your breach of these Terms or any applicable law.

16 Modifications

We may modify these Terms or any aspect of the Program — including commission rates, structure, attribution, thresholds, and payout practices — at any time, on a going-forward basis. We will post the updated Terms with a revised "Last updated" date and, for material changes, provide reasonable notice through the Affiliate Platform or by email. Your continued participation after a change takes effect constitutes acceptance of the updated Terms. Changes do not reduce Commissions already earned before the effective date.

17 Relationship of the Parties

You and the Company are independent contractors. These Terms are non-exclusive: you may promote other products and services, and the Company may engage other affiliates and partners. You will not be eligible for any employee benefits and are responsible for your own expenses.

18 Governing Law & Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before initiating any formal proceeding, the parties agree to first attempt to resolve the dispute informally by contacting the Company at the address in Section 20. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of those courts.

19 General

These Terms, together with any program rules or guidelines referenced in the Affiliate Platform, are the entire agreement between you and the Company regarding the Program and supersede any prior understandings. If any provision is found unenforceable, the remaining provisions will remain in full effect. You may not assign these Terms without our prior written consent; we may assign them without restriction. Our failure to enforce any provision is not a waiver of our right to enforce it later. Notices to you may be given through the Affiliate Platform or the email associated with your account.

20 Contact

Questions about the Program or these Terms can be directed to:

Modern Web Dev LLC
Mod Bundles Affiliate Program
dev@modernwebsitedevelopment.com