AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE PARTICIPATING IN THE PROGRAM. BY SUBMITTING YOUR ONLINE APPLICATION OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE CODE OF CONDUCT SET FORTH IN EXHIBIT A AND DISCLOSURE REQUIREMENTS SET FORTH IN EXHIBIT B.

DEFINITIONS

  • “We,” “Us,” or “Our” refers to ChiefAIOfficer.com and our website.
  • “You” or “Your” refers to the Affiliate.
  • “Program” refers to the ChiefAIOfficer.com Affiliate Program.
  • “Affiliate Link” refers to the unique tracking URL provided to you for linking to ChiefAIOfficer.com.

1. ENROLLMENT AND PARTICIPATION

1.1 To participate in the Program, you must complete and submit an online application. We will evaluate your application and notify you of your acceptance or rejection. We reserve the right to reject any application for any reason, including non-compliance with our standards.

1.2 Upon acceptance into the Program, you will receive an Affiliate ID. This ID will be used in the Affiliate Link to track referrals. You may earn commissions on sales generated through your Affiliate Link.

1.3 Your website must not infringe on any intellectual property rights, violate any law, contain harmful or obscene content, or engage in activities that could divert affiliate commissions. You must comply with the Code of Conduct detailed in Exhibit A.

1.4 You must comply with all applicable laws, including privacy and data protection regulations, when collecting personal information from customers and prospects. You are also responsible for implementing and maintaining a privacy policy that complies with applicable privacy laws and ChiefAIOfficer.com’s privacy policies.

1.5 Affiliates are prohibited from self-referral, which means using your own Affiliate Link to earn commissions on your own purchases. This practice is considered fraudulent and will result in the forfeiture of commissions and possible termination from the Program.

2. LINKING AND PROMOTION

2.1 You will use only the linking code provided by us for each banner, text link, or other affiliate link. You must not alter or manipulate the linking code in any way.

2.2 All domains that use your affiliate link must be listed in your affiliate profile. You may not engage in cookie stuffing, cloaking, or any other deceptive practices as outlined in Exhibit A.

2.3 You are prohibited from creating websites or advertisements that copy, resemble, or mirror the look and feel of ChiefAIOfficer.com. You may not use any technique that creates the impression that your site is affiliated with ChiefAIOfficer.com. The use of our trademarked terms in domain names is strictly prohibited.

2.4 You may not bid on or use our trademarked terms in any pay-per-click advertising campaigns without our express written permission. Additionally, you may not use our trademarks, including variations and misspellings, in your ad title, ad copy, display name, or as the display URL.

2.5 If you automate your PPC campaigns, you must exclude our trademarked terms as negative keywords. Failure to do so will result in immediate removal from the Program and forfeiture of any associated commissions.

2.6 You may promote ChiefAIOfficer.com through sub-affiliate networks only if you are completely transparent about the traffic sources, and you receive prior approval from ChiefAIOfficer.com. Sub-affiliates must comply with all terms and conditions of this Agreement. You are required to provide detailed information on sub-affiliate activities and ensure they adhere to all guidelines set forth in this Agreement.

2.7 Prohibited Advertising Practices: You are strictly prohibited from using toolbars, browser extensions, adware, spyware, or any other software that could potentially intercept or divert internet traffic from, to, or around ChiefAIOfficer.com or any other website. You may not engage in any practices designed to manipulate traffic or divert affiliate commissions unfairly.

3. COMMISSIONS AND PAYMENTS

3.1 Commissions will be earned on sales made through your Affiliate Link, provided the customer’s purchase meets our criteria. The customer must have clicked through your Affiliate Link and made a purchase within 90 days. A commission is only earned if the customer’s account remains in good standing for at least 45 days after the sale.

3.2 Commissions are based on the value of the initial plan purchase or any upgrades to a higher plan. The current commission rates are 30% for direct referrals and an additional 5% for second-tier referrals. No commissions will be earned on additional services or products added after the initial purchase, unless otherwise agreed in writing.

3.3 Payment of commissions will occur on the 15th of each month, provided the commission amount exceeds $50. Commissions are paid in USD, and certain payment methods may incur processing fees.

3.4 You are responsible for providing accurate payment details and complying with tax laws in your jurisdiction. We may withhold taxes where required by law. You must submit all required tax documentation, such as a W-8 or W-9 form, to receive payments.

3.5 If a sale is deemed fraudulent, violates this Agreement, or results in a refund, no commission will be earned. Any previously paid commissions will be deducted from future payouts. ChiefAIOfficer.com reserves the right to withhold commissions or terminate your participation if fraudulent or abusive activity is detected.

3.6 ChiefAIOfficer.com reserves the right to modify commission rates and payment terms at any time. You will be notified of any changes, and continued participation in the Program constitutes acceptance of the modified terms.

3.7 Commissions may be revoked if you fail to respond to inquiries about the sources of your traffic, engage in misleading practices, or otherwise violate the terms of this Agreement. Non-responsiveness or failure to provide clear and demonstrable proof of compliance will result in forfeiture of commissions.

3.8 Handling of Refunds and Chargebacks: Commissions earned on sales that are refunded, charged back, or canceled will not be considered valid and will be deducted from future payouts. If a commission has already been paid out for such a sale, it will be deducted from future commissions.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 We grant you a limited, non-exclusive, non-transferable, revocable right to use our logos, trade names, and trademarks solely for promoting the Program. You may not modify our materials in any way.

4.2 You agree not to use any of our intellectual property in a manner that disparages ChiefAIOfficer.com or creates a misleading impression of affiliation, in accordance with the guidelines in Exhibit A.

4.3 Any goodwill generated through the use of our trademarks will inure to the benefit of ChiefAIOfficer.com. You will not challenge our ownership of the trademarks or any other intellectual property rights.

4.4 You must comply with all brand guidelines provided by ChiefAIOfficer.com and use our trademarks only as specified in the guidelines. Unauthorized use of trademarks or intellectual property is strictly prohibited.

5. COMPLIANCE AND CONDUCT

5.1 You must comply with all applicable laws and regulations, including the Federal Trade Commission’s guidelines on endorsements and testimonials. Disclosures of material connections must be clear and conspicuous, as detailed in Exhibit B.

5.2 You agree not to engage in deceptive, fraudulent, or misleading advertising practices. You may not make false claims about ChiefAIOfficer.com or its products.

5.3 You may not use software or technology that attempts to intercept or divert internet traffic to your website or to hide the original source of traffic.

5.4 ChiefAIOfficer.com reserves the right to monitor your compliance with this Agreement. We may use third-party tools to track your promotional methods and ensure they comply with our standards.

5.5 You must promptly comply with any requests from ChiefAIOfficer.com to remove or modify content that violates this Agreement.

5.6 Complaint Notification: If you receive any complaints related to your participation in the Program, including complaints about content, promotions, or marketing practices, you must notify ChiefAIOfficer.com within 24 hours. Failure to do so may result in termination from the Program and forfeiture of commissions.

5.7 Electronic Communications Compliance: You must comply with all laws and regulations applicable to electronic communications, including the CAN-SPAM Act. You are required to obtain consent from recipients before sending any emails or text messages, and you must provide an opt-out option in all communications.

6. TERMINATION

6.1 Either party may terminate this Agreement at any time, with or without cause, by providing written notice. Upon termination, you must immediately cease using all links, trademarks, and promotional materials provided by us.

6.2 We reserve the right to terminate your participation in the Program immediately if you commit fraud, abuse the Program, or violate any terms of this Agreement or the Code of Conduct in Exhibit A.

6.3 Upon termination, you will forfeit any commissions earned on sales that are canceled, refunded, or disputed. We may withhold final payments for a reasonable time to ensure the correct amount is paid.

6.4 All provisions of this Agreement that, by their nature, should survive termination will continue to apply, including confidentiality, indemnity, intellectual property rights, and limitations of liability.

6.5 Specifics on Confidentiality Breach: Any breach of the confidentiality provisions in this Agreement will result in immediate termination from the Program, forfeiture of any earned commissions, and potential legal action. Confidentiality is critical to maintaining trust and the integrity of the Program.

7. LIMITATION OF LIABILITY

7.1 ChiefAIOfficer.com will not be liable for any indirect, incidental, special, or consequential damages arising out of or related to this Agreement, the Program, or any products or services provided.

7.2 Our total liability for any claim arising out of or related to this Agreement will not exceed the total commission fees paid to you under this Agreement.

7.3 Liability for Third-Party Services: ChiefAIOfficer.com is not responsible for the content or services of any third parties, including third-party websites or services to which affiliates may link. We make no representations regarding the accuracy, legality, or quality of third-party content.

8. INDEMNIFICATION

8.1 You agree to indemnify, defend, and hold harmless ChiefAIOfficer.com, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of or related to your participation in the Program, including any breach of this Agreement or violation of law.

9. CONFIDENTIALITY

9.1 All confidential information disclosed by either party during the term of this Agreement will remain the sole property of the disclosing party. Both parties agree to keep such information confidential and not disclose it to any third party without the express written consent of the disclosing party.

9.2 Any breach of confidentiality obligations will result in immediate termination from the Program and may result in legal action, including claims for damages and injunctive relief.

10. FORCE MAJEURE

10.1 Neither party will be liable for non-performance of any of its obligations under this Agreement if such non-performance is due to a Force Majeure Event, provided reasonable notice and efforts to find a solution are provided. A Force Majeure Event includes acts of God, war, terrorism, pandemics, natural disasters, strikes, governmental actions, or any other event beyond the control of the affected party.

11. MISCELLANEOUS

11.1 This Agreement, including Exhibit A and Exhibit B, constitutes the entire agreement between the parties and supersedes all prior agreements and communications.

11.2 This Agreement will be governed by and construed in accordance with the laws of the United States and the State of New Mexico, without regard to its conflict of laws principles.

11.3 If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.4 No waiver of any breach of this Agreement will be considered a waiver of any other breach. Failure to enforce any provision of this Agreement will not constitute a waiver.

11.5 You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, or employment relationship between you and ChiefAIOfficer.com.

11.6 ChiefAIOfficer.com reserves the right to modify this Agreement at any time. You will be notified of any changes, and your continued participation in the Program will constitute acceptance of the revised terms.

12. DISPUTE RESOLUTION

12.1 Any disputes arising out of or related to this Agreement will be resolved on an individual basis. Class actions and class arbitrations are not allowed. You may bring a claim only on behalf of yourself and cannot seek relief that would affect other users of our services or the Program.

12.2 You agree to the personal jurisdiction of the state and federal courts in New Mexico and waive any objection to such jurisdiction. Claims must be brought within one (1) year after the cause of action arises.

12.3 If a dispute arises, the parties will attempt to resolve it through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may submit the dispute to mediation. If mediation fails, the parties may pursue legal remedies.

12.4 Further Dispute Resolution Steps: If mediation is unsuccessful, the dispute will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitration will take place in New Mexico, and the decision of the arbitrator will be final and binding on both parties.

EXHIBIT A: CODE OF CONDUCT

As a participant in the ChiefAIOfficer.com Affiliate Program, you agree to adhere to the following Code of Conduct:

  1. Honest Representation: You must present truthful and accurate information about ChiefAIOfficer.com and its products. Any claims you make must reflect your honest opinions and experiences.

  2. Compliance with Laws and Guidelines: You must comply with all applicable laws, including but not limited to consumer protection laws, advertising regulations, and the Federal Trade Commission’s guidelines on endorsements and testimonials.

  3. Disclosure Requirements: You must clearly and conspicuously disclose your relationship with ChiefAIOfficer.com when making endorsements or testimonials. Use clear language such as “Sponsored by ChiefAIOfficer.com” or “I am a paid affiliate of ChiefAIOfficer.com.”

  4. Respect for Intellectual Property: Do not use ChiefAIOfficer.com’s logos, trademarks, or other intellectual property without permission. You may only use materials provided by ChiefAIOfficer.com for the purpose of promoting the Program.

  5. Prohibited Practices: You must not engage in any of the following practices:

    • Impersonating ChiefAIOfficer.com or claiming false affiliations.
    • Engaging in deceptive advertising, such as false claims or misleading promotions.
    • Using techniques that intercept or divert internet traffic, such as cookie stuffing or cloaking.
    • Sending unsolicited bulk emails, spam, or other forms of communication to potential customers without their consent.

  6. Social Media and Online Presence: You may promote ChiefAIOfficer.com on social media platforms and other online channels. However, you must not create social media accounts or websites that mimic or could be confused with official ChiefAIOfficer.com accounts or websites.

  7. No Defamatory Statements: You must not make any defamatory, harassing, or abusive statements about ChiefAIOfficer.com, its employees, affiliates, or other participants in the Program.

  8. Transparency in Marketing: If you offer promotions, discounts, or other incentives, these must be clearly stated and not misleading. You must not misrepresent the conditions under which a promotion or discount is applicable.

  9. Privacy and Data Protection: You must respect the privacy of customers and prospects. Any personal information collected must be handled in compliance with applicable privacy laws and ChiefAIOfficer.com’s privacy policies.

EXHIBIT B: DISCLOSURE REQUIREMENTS

As a participant in the ChiefAIOfficer.com Affiliate Program, you are required to comply with the following Disclosure Requirements:

  1. Material Connection Disclosure: You must disclose any material connection you have with ChiefAIOfficer.com, including but not limited to receiving payment, free products, or other forms of compensation. This disclosure must be made clearly and conspicuously in all forms of media where you promote ChiefAIOfficer.com.

  2. Clear and Conspicuous Disclosures:

    • Disclosures should be easy to understand and placed where they are likely to be seen. For written content, disclosures should appear at the beginning or within the content, not buried in terms and conditions or in footnotes.
    • In social media posts, use clear and recognizable terms such as “#ad,” “#sponsored,” or “Paid partnership with ChiefAIOfficer.com.”
    • For video content, disclosures should be included both in the video description and within the video itself, preferably at the start and as an overlay.

  3. Platform-Specific Disclosures:

    • On platforms where character limits are imposed (e.g., Twitter), use clear hashtags like “#ad” or “#sponsored” as early in the post as possible.
    • On Instagram and Facebook, use the “Paid partnership” tag when available, in addition to clear disclosure in the post caption.

  4. Visual and Audio Content:

    • For visual content, ensure that the disclosure is large enough to be noticed and contrasts with the background.
    • For audio content, include a verbal disclosure clearly stating your relationship with ChiefAIOfficer.com.

  5. Live Streams and Stories:

    • Repeat disclosures at regular intervals during live streams to ensure viewers who join at different times are aware of your affiliate relationship.
    • Include disclosures in each segment of a story or series of images.

  6. Avoid Ambiguity:

    • Do not use ambiguous terms like “#collab,” “#thanksChiefAIOfficer,” or simply tagging the brand without clear indication of sponsorship.
    • Avoid placing disclosures in areas that require additional clicks or actions to view (e.g., hidden under “More” or in a link).

  7. Compliance with Updates: You must stay informed about and comply with any updates to these Disclosure Requirements or applicable regulations. ChiefAIOfficer.com reserves the right to modify these requirements as necessary.

  8. Failure to Comply: Non-compliance with these Disclosure Requirements may result in corrective action, including termination of your participation in the Program and forfeiture of any earned commissions.

  9. FTC Guidelines: You must comply with the FTC’s “Dot Com Disclosures” (click to view) and “Endorsement Guides: What People are Asking” (click to view) for clear guidance on making compliant disclosures. This includes making disclosures as close as possible to the claims they relate to and ensuring they are easily noticeable and understandable to consumers.

By adhering to these Disclosure Requirements, you help maintain the transparency and integrity of the ChiefAIOfficer.com Affiliate Program. Compliance with these requirements is mandatory to ensure ethical and lawful marketing practices.