Affiliate Referral Agreement
This Affiliate Referral Agreement (“Agreement”) is entered into by and between New Tab Web Solutions, LLC (“Company”) and the participating affiliate (“Affiliate”).
1. Purpose
Company provides website design, development, and related digital services. Affiliate desires to refer potential customers to Company in exchange for a referral commission, subject to the terms of this Agreement.
2. Independent Relationship
Affiliate is an independent referral partner and is not an employee, agent, legal representative, partner, or joint venturer of Company. Affiliate has no authority to make promises, guarantees, contracts, discounts, warranties, or binding commitments on behalf of Company unless Company gives written approval.
3. Affiliate Promotion
Affiliate may promote Company’s services using approved links, promo codes, content, logos, graphics, or other promotional materials provided or approved by Company.
Affiliate agrees not to make false, misleading, or exaggerated claims about Company or its services; promise pricing, timelines, results, discounts, or services not approved by Company; represent themselves as an employee or official representative of Company; use spam, deceptive advertising, or unethical marketing practices; or run paid ads using Company’s name, branding, or trademarks without written permission from Company.
4. Qualified Referrals
A “Qualified Referral” means a new customer referred by Affiliate who uses Affiliate’s unique link, code, landing page, or is otherwise confirmed by Company as Affiliate’s referral; signs an agreement with Company; pays Company for an eligible website project; and does not cancel, refund, dispute, or charge back the payment.
Company reserves the right to accept or reject any potential customer for any lawful reason.
5. Commission
Affiliate will receive a commission equal to 15% of the initial website project amount actually collected by Company from each Qualified Referral.
Commission applies only to the customer’s initial website project fee unless otherwise agreed in writing.
Commission does not apply to taxes, discounts, refunds, chargebacks, payment processing fees, third-party costs, domain costs, hosting costs, software costs, app or plugin costs, future maintenance plans, subscriptions, renewals, or add-on services unless separately agreed in writing.
6. Payout Timing
Commissions become payable 30 days after the customer’s payment has cleared, provided the customer has not canceled, requested a refund, disputed the payment, or otherwise failed to remain in good standing.
Company will pay earned commissions on a monthly basis using a payment method agreed upon by the parties.
Affiliate is responsible for providing accurate payment information. Company is not responsible for delayed payments caused by incorrect or incomplete payment details provided by Affiliate.
7. Refunds, Cancellations, and Chargebacks
If a customer cancels, receives a refund, or issues a chargeback before commission has been paid, no commission will be owed for that referral.
If a commission has already been paid and the customer later receives a refund or issues a chargeback, Company may deduct the overpaid commission from future amounts owed to Affiliate.
8. Disclosure Requirements
Affiliate agrees to clearly disclose the affiliate relationship when promoting Company’s services, including on YouTube, social media, websites, emails, livestreams, or other promotional channels.
Affiliate should use clear language such as: “This is an affiliate link. I may earn a commission if you purchase through this link.”
Affiliate is responsible for complying with all applicable advertising, endorsement, and disclosure laws and guidelines.
9. Brand Use
Company grants Affiliate limited permission to use Company’s approved name, logo, links, promo codes, and promotional materials solely for the purpose of promoting Company’s services under this Agreement.
Affiliate may not alter Company’s branding or use Company’s name, logo, or materials in a way that harms Company’s reputation or suggests an unauthorized relationship.
Company may revoke permission to use its branding at any time.
10. Taxes
Affiliate is responsible for all taxes, reporting, and obligations related to payments received under this Agreement.
Company may request a completed IRS Form W-9 or other tax documentation before issuing payments. Company may withhold payment until requested tax documentation is received.
11. Confidentiality
Affiliate agrees not to disclose any private, confidential, or non-public business information received from Company, including customer information, pricing details, internal processes, or business strategies, unless Company gives written permission.
12. Termination
Company may terminate this Agreement, the affiliate relationship, or Affiliate’s participation in the affiliate program at any time, with or without cause, and with or without prior notice.
Affiliate may terminate this Agreement at any time by providing written notice to Company.
Upon termination, Affiliate must immediately stop using Company’s promotional materials, branding, affiliate links, promo codes, and any other Company materials unless Company gives written permission.
Valid commissions that were already earned before termination may still be paid according to this Agreement. No commissions will be owed for referrals, bookings, sales, or customer payments made after termination unless Company agrees otherwise in writing.
Company may also withhold, cancel, or deny commissions related to fraud, misrepresentation, spam, policy violations, chargebacks, refunds, canceled projects, or referrals that do not qualify under this Agreement.
13. Changes to Program
Company may update commission rates, payout terms, promotional rules, or affiliate program terms by giving written notice to Affiliate.
Changes will not affect commissions already earned before the date of the change.
14. Entire Agreement
This Agreement represents the entire understanding between the parties regarding the affiliate referral relationship and replaces any prior verbal or written discussions about the same subject.
Any changes to this Agreement must be made in writing and agreed to by both parties.
