Affiliate Agreement

Effective Date: [Insert Date]
Last Updated: October 31, 2025

This Affiliate Agreement (“Agreement”) is entered into between XpandTEK, LLC (“XpandTEK,” “we,” “us,” or “our”) and you (“Affiliate,” “you,” or “your”). By signing up for and participating in the XpandTEK Affiliate Program, you agree to be bound by the terms outlined below.

1. Purpose of the Agreement

XpandTEK engages Affiliates to promote and refer potential customers to XpandTEK products and services. In return, Affiliates receive commissions based on successful referrals, as outlined in this Agreement.

2. Affiliate Responsibilities

2.1 Promotion of XpandTEK Products/Services

You agree to promote XpandTEK’s products and services using only legal, ethical, and approved marketing methods (websites, blogs, social media, email campaigns).

2.2 Use of Affiliate Links

You must use the specific tracking links provided by XpandTEK to ensure accurate tracking and commission allocation. These links must be clearly identifiable as affiliate links where required.

2.3 Brand Representation

You must represent XpandTEK in a professional, positive manner and avoid making false or misleading claims.

2.4 Compliance with Laws

You must comply with all applicable laws and regulations, including GDPR, CCPA, CAN-SPAM, and FTC disclosure requirements.

3. Commission Structure

3.1 Commission Rates

Starter Plans ($69–$169/mo):

30% first-month commission

10% recurring monthly commission

Mid-Tier Plans ($269–$397/mo):

35% first-month commission

15% recurring monthly commission

High-Tier Plans ($469–$597/mo):

40% first-month commission

20% recurring monthly commission

💡 Example: Refer one customer to our InstantConnect Voice Plan ($597/mo) and earn:
$238 for the first month + $119 every month thereafter as long as they stay subscribed.

3.2 Recurring Commissions

If the customer remains active on a recurring subscription, you will continue to earn the same commission for as long as they remain subscribed.

3.3 Payment Threshold

Commissions will be paid once earnings reach a minimum of $100. Any unpaid balance rolls over to the next pay period.

3.4 Payment Schedule

Payments are made on the [Xth day of each month] via [PayPal, bank transfer, etc.].

3.5 Refunds & Chargebacks

If a sale is refunded, charged back, or canceled within 30 days, the commission will be deducted from your next payout.

4. Term & Termination

4.1 Term

This Agreement begins on the Effective Date and continues until terminated.

4.2 Termination by Either Party

Either party may terminate with 30 days’ written notice.

4.3 Termination for Cause

XpandTEK may terminate immediately for unethical practices, violations, or damage to reputation.

4.4 Effect of Termination

Upon termination, you must stop promoting XpandTEK products/services, and only commissions earned before termination will be paid.

5. Intellectual Property

5.1 License

XpandTEK grants you a non-exclusive, revocable license to use its marketing materials, logos, and trademarks for promotional purposes.

5.2 Restrictions

You may not alter, resell, or use these materials outside the scope of this Agreement. Use must stop immediately upon termination.

6. Confidentiality

You may gain access to confidential information (pricing, strategies, customer data). You agree not to disclose or misuse such information during or after this Agreement.

7. Prohibited Activities

Affiliates may not:

-Engage in spamming, misleading ads, or cookie stuffing.

-Make false claims about XpandTEK products/services.

-Bid on “XpandTEK” branded keywords or domain variations without written approval.

8. Independent Contractor Status

Affiliates act as independent contractors, not employees, agents, or partners of XpandTEK. You are solely responsible for your taxes and liabilities.

9. Limitation of Liability

9.1 Indirect Damages

XpandTEK is not liable for any indirect, incidental, or consequential damages.

9.2 Liability Cap

Total liability will not exceed the commissions paid to you in the last 12 months.

10. Governing Law

This Agreement is governed by the laws of State of Utah, USA, and disputes shall be resolved in the courts of Utah County, Utah.

11. Acceptance of Agreement

By participating in the XpandTEK Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Affiliate Agreement.

Lehi, UT