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.

XpandTEK is not responsible for tracking failures caused by browser settings, ad blockers, disabled cookies, expired tracking links, incorrect link usage, or other technical issues outside of XpandTEK’s reasonable control.

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 Eligibility (Collected & Deposited Revenue Only)

Affiliate commissions are earned only on revenue actually collected and deposited by XpandTEK from customers directly attributable to the Affiliate.

No collection. No deposit. No commission.

Commissions are not earned on:

- Pending or failed payments

- Unpaid invoices

- Free trials

- Disputed, reversed, refunded, or chargeback transactions

3.2 Commission Eligibility - Subscription Payments Only

Affiliates earn commissions only on eligible subscription payments and shall not earn commissions on setup fees, onboarding fees, deployment fees, or other one-time charges unless otherwise stated in writing by XpandTEK.

XpandTEK reserves the right to modify pricing, setup fees, onboarding fees, and service plans at any time.

3.3 Initial Commission (First Subscription Payment)

Affiliates shall earn a one-time initial commission equal to:

- 40% of the first successfully collected and deposited subscription payment

Commission is earned only after payment has been successfully processed and received by XpandTEK.

Initial commission is paid once per customer per product or service and does not repeat.

💡 Example #1:
Refer a customer to a $297/month SpeediReply™ Text service and earn:

- $118.80 from the first monthly subscription payment

💡 Example #2:
Refer a customer to a $597/month service and earn:

$238.80 from the first monthly subscription payment

3.4 Recurring Commission Rates (Ongoing Subscription Payments)

Affiliates shall earn a 20% recurring commission on ongoing subscription payments for as long as the customer account remains active, current on payments, and in good standing.

💡 Example:
A customer subscribed to a $597/month service would generate a recurring commission of $119.40 per month for as long as the subscription remains active and payments continue successfully.

3.5 Payment Threshold

Commissions will be paid once Affiliate earnings reach a minimum threshold of $100 USD. Any unpaid balance shall roll over to the next payment period.

3.6 Payout Timing (After Deposit Only)

Commission payouts occur only after funds are successfully collected and deposited into XpandTEK’s account.

XpandTEK may, in its sole discretion, delay payouts due to processor settlement timing, fraud review, chargebacks, disputes, or other payment-related issues.

No commissions are paid in advance.

3.7 Adjustments, Refunds & Chargebacks

Commissions are earned only on collected revenue that is not later refunded, reversed, disputed, canceled, or charged back.

If payment (including subscription payments) is refunded, charged back, canceled, or reversed for any reason, XpandTEK reserves the right, in its sole discretion, to:

- Withhold unpaid commissions associated with that transaction, and/or

- Offset previously paid commissions against future commission payouts

3.8 Commission Modifications

XpandTEK reserves the right, in its sole discretion, to modify commission structures, pricing, setup fees, service plans, payout schedules, or Affiliate Program at any time with written notice to the Affiliate.

Any modifications shall apply prospectively only and shall not affect commissions already earned on collected and non-refunded revenue.

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:

- Refer themselves, affiliated entities, or accounts created for the primary purpose of generating commissions unless expressly approved in writing by XpandTEK.+

- 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