Definitions

• "Affiliate": A person or entity accepted into the Program who agrees to promote the Company's Products and Services in exchange for a Commission.

• "Company": 22ND AND TECH, a tech consulting and brand design firm based in the State of Georgia, USA.

• "Product(s) and Service(s)": The Company's offerings, including but not limited to, digital products (e.g., templates, courses, software-as-a-service subscriptions), tech consulting services, and brand design packages.

• "Affiliate Link": A unique URL provided by the Company to the Affiliate for tracking referred Customers.

• "Customer": An individual or entity who makes a valid purchase of the Company's Products or Services via an Affiliate Link.

• "Program": The Company's Affiliate Program governed by this Agreement.

• "Net Revenue": The revenue received by the Company from a Customer's purchase, less any taxes, refunds, discounts, chargebacks, and transaction fees.

Program Enrollment and Eligibility

• Application and Acceptance: All applicants must complete the official Program application. The Company reserves the sole right to accept or reject any application for any reason, including but not limited to, misrepresentation, conflicting business models, or misalignment with the Company's brand values and reputation.

• Eligibility: Affiliates must be at least 18 years of age and legally permitted to enter into this agreement. Affiliates must operate a website or promotional channel that maintains a professional demeanor and does not contain content that is unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable, as determined by the Company.

Affiliate Responsibilities and Prohibited Conduct

• FTC Disclosure Requirements: The Affiliate must clearly and conspicuously disclose their "material connection" (i.e., their financial relationship with the Company) in all promotional content (e.g., blog posts, social media, videos, emails) related to the Company's Products and Services, as required by the U.S. Federal Trade Commission (FTC) guidelines. Failure to comply is a material breach.

• Honest and Truthful Endorsement: The Affiliate must be honest and accurate in all promotional materials. The Affiliate shall not make any false, misleading, or unsubstantiated claims about the features, performance, or benefits of the Company's Products and Services.

• Promotional Standards for 2026 (The "AI & Video" Clause)

  • AI-Generated Content: Affiliates using AI (e.g., LLMs, AI-voice, or Deepfakes) to generate promotional content must ensure the output is factually accurate and complies with all Company brand guidelines.

  • FTC 2026 Mandatory Labels: Affiliates must use "Ad," "Paid Partnership," or "Sponsored" at the beginning of social media captions or video descriptions. For videos/reels, a verbal or on-screen disclosure must appear within the first 3 seconds.

  • Prohibited Channels: Promoting via unsolicited "bot" comments, "spammy" AI-generated forums, or using "22nd and Tech" in any unauthorized AI-model training data is strictly prohibited.

• Digital Accessibility & ADA Compliance: The Affiliate acknowledges the Company’s commitment to digital inclusion as outlined in the Company’s [Website Accessibility Statement]. The Affiliate agrees to make reasonable efforts to ensure that any digital content, secondary landing pages, or promotional media created to promote the Company’s Products and Services are accessible to individuals with disabilities, striving for alignment with WCAG 2.2 Level AA standards (e.g., providing alternative text for images and captions for video content).

• Prohibited Conduct: The Affiliate shall not engage in:

  • Bidding on Trademarked Keywords: Bidding on search engines or other advertising platforms on the Company's trademarks, trade names, or any close variations (e.g., "22ND AND TECH review," "digital products, workbooks, templates, courses, software-as-a-service subscriptions, etc.").

  • Fraudulent Activity: Cookie stuffing, forced clicks, generating artificial or fraudulent orders/leads, or any other dishonest practice to inflate commissions.

  • Inappropriate Content: Promoting the Company's Products or Services on websites containing illegal content, hate speech, explicit material, or discriminatory practices.

Intellectual Property

• Limited License: The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company's trade names, trademarks, logos, and promotional creatives ("Company IP") solely for the purpose of promoting the Company's Products and Services within the Program.

• Restrictions on Use: The Affiliate shall not modify the Company IP, use it in a manner that implies endorsement or sponsorship other than as a designated Affiliate, or use it in a way that disparages the Company or its Products/Services. All goodwill generated by the use of the Company IP shall exclusively inure to the benefit of the Company.

Commission and Payments

• Commission Structure: The Affiliate will earn a pre-determined Commission (a percentage of Net Revenue) for each valid purchase of Products or Services made by a Customer through their Affiliate Link. The Company reserves the right to modify commission percentages or structures at any time; any such changes will apply to sales occurring after the date the change is implemented and will be reflected within the GoAffPro portal. It is the Affiliate’s responsibility to check the portal regularly. Continued use of Affiliate Links after a change constitutes acceptance of the new terms.

• Payment Schedule and Threshold: Commissions will be paid monthly, provided the Affiliate's earned and validated commission balance exceeds the Minimum Payout Threshold of $150.

• Hold Period and Validation: Commissions are subject to a 45 day validation/hold period after the sale to account for potential customer refunds, chargebacks, or order cancellations. Only commissions on sales that have cleared this period will be deemed "validated" and eligible for payout.

• Payment Method: All payments will be processed via PayPal Payouts (or other agreed-upon digital payment method). The Affiliate is solely responsible for ensuring their payment information is accurate and up-to-date.

• Payment & Georgia SB127 Compliance: If any Service or Product involves an automatic renewal, the Affiliate shall not misrepresent the renewal terms. As of July 1, 2026, the Company will strictly enforce Georgia's small business renewal notifications; any Affiliate interfering with this process will be terminated immediately.

Tracking, Reporting, and Governing Law

• Tracking and Reporting: The Company uses the GoAffPro platform to manage the Program, including tracking Affiliate Links, sales, and calculating commissions. Affiliates can access their performance data and earnings reports via the GoAffPro portal. The Company's tracking and reporting data shall be conclusive.

• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Gwinnett County, Georgia.

Term, Termination, Liability, and Indemnification

• Term and Termination: The Term of this Agreement begins upon acceptance into the Program and continues until terminated. Either party may terminate this Agreement at any time, with or without cause, by providing written notice. The Company may terminate immediately for any breach of the Prohibited Conduct clause.

• Liability Limitation: The Company will not be liable for indirect, special, incidental, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program. The Company's aggregate liability shall not exceed the total commission paid to the Affiliate in the three (3) months preceding the claim.

• Indemnification: The Affiliate agrees to indemnify, defend, and hold harmless the Company against any and all claims, damages, liabilities, and expenses (including attorney's fees) arising from the Affiliate's breach of this Agreement, their promotional activities, or their violation of any law or the rights of a third party.