Affiliate Agreement

Affiliate Agreement for TraceFuse Services 

Parties 

This Agreement forms a legal agreement between You, (“Affiliate”) and TraceFuse LLC, a Nevada LLC (“Company” or “TraceFuse”). The Company and the Affiliate are jointly referred to in this Agreement as “Parties.” 

Scope and Purpose 

The Affiliate agrees to promote the services offered by the Company and to refer potential customers. In return, the Company agrees to compensate the Affiliate as outlined in this Agreement. 

Special Offers and Discounts 

In special designated cases, TraceFuse may allow the Affiliate to promote a special or a discounted price For Company’s services. This is on a case-by-case basis. To qualify to make special offers the Affiliate must coordinate with TraceFuseTraceFuse and obtain written approval of the discount proposal from TraceFuse.

Affiliate Compensation

The Company agrees to pay the Affiliate 10% of the one-time onboarding fee charged and received by TraceFuse for each Qualified Customer referred by the Affiliate, subject to the terms and conditions of this Agreement. Additionally, The Company agrees to pay Affiliate 10% for each review removed, and successfully charged to, and actually paid for by the aforementioned Qualified Customer for a period of 12 consecutive months after sign-up.

Definition of a Qualified Customer

“Qualified Customer” is defined as:
A new customer who signs up for TraceFuse services using the Affiliate’s unique signup link or code.

Attribution Window

The attribution window is set at ninety (90) days. A new customer will be deemed considered to be as referred by the Affiliate if they sign up for TraceFuse services within 90 days of the referral date, using the Affiliate’s unique signup link or code.

Payment Terms

  • Commission payments will be made on the 15th of each month based on any funds charged to and received by TraceFuse from the customer in the previous month after the customer becomes qualified, as defined under “Definition of a Qualified Customer”.
  • Payments will be made via a method mutually agreed upon by both Parties.
  • In the event that the referred customer fails to pay, commissions will not be paid out.
  • In the event that the referred customer refunds, the commission associated with that refund will be deducted from the Affiliate’s future commissions.

Obligations of the Affiliate

The Affiliate agrees to:

[question—is the Affiliate required to promote TraceFuse services under TraceFuse’s name only?]

  • Promote TraceFuse services ethically and legally.
  • Ensure all promotional materials accurately represent TraceFuse services.
  • Comply with all relevant laws and regulations
  • Report to the Company of any suspected infringement or misuse of TraceFuse’s name or trademarks.
  • Avoid any action or representation that endangers TraceFuse’s name or trademarks.

Term and Termination

This Agreement will commence upon the date referenced in the first paragraph above of signing and will continue until terminated by either Party with a fifteen (15) written 15-day notice.

TraceFuse may also terminate this Agreement immediately with no advance notice to Affiliate in the event that: (1) TraceFuse, in its discretion, has reason to suspect that Affiliate is violating or in danger of violating the community/vendor rules of Amazon or any other online vendor or distributor with which TraceFuse’s services, trademark or brand name are associated; (2) TraceFuse finds its trademark or brand name are used by Affiliate in violation of this Agreement or in such a manner as to endanger the reputation of the Company, its trademark or its services; (3) TraceFuse finds that Affiliate has infringed or assisted another in infringing its trademark rights.

Additionally, TraceFuse may terminate this Agreement immediately upon finding that Affiliate has breached any material term, unless Affiliate is able to cure the violation within 5 calendar days of Company’s notice to Affiliate of the breach, except that where the breach cannot be reasonably cured within 5 calendar days, TraceFuse may terminate the Agreement immediately upon notice to the Affiliate. This cure period does not extend to the 3 areas of violation set forth in the preceding paragraph for which termination by TraceFuse may be immediate under the circumstances set forth.

Amendments

This Agreement may be amended at any time by TraceFuse.

Independent Contractor Status

The Affiliate is an independent contractor and not an employee of the Company. The Affiliate is responsible for all taxes, insurances, and other statutory obligations.

10. Limitation of Liability

The Affiliate (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the Company, its officers, directors, managers, employees, agents, affiliates, representatives, attorneys, successors, and assigns (the “Indemnified Parties”) from and against any and all
losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, arising out of or resulting from any claim of a third party related to:

  • The Affiliate’s breach of this Agreement.
  • The Affiliate’s use of the Company’s name or services in a manner not authorized by this Agreement.
  • Any negligent or more culpable act or omission byof the Affiliate (including any recklessness or willful misconduct) in connection with the performance of their obligations under this Agreement.
  • Any bodily injury, death of any person, or damage to real or tangible personal property caused by the Affiliate’s acts or omissions.
  • Any failure by the Affiliate to comply with applicable laws.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state of Nevada with jurisdiction limited to courts located in the state of Nevada.

12. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior communications, understandings or agreements between the Parties.