Affiliate Program Terms & Conditions

2.1 Application Requirements

To be eligible for the Program, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have a proven track record of at least 50 prior affiliate sales across any affiliate programs
• Possess a valid email address and payment account
• Operate a legitimate website, blog, social media account, or other promotional platform
• Comply with all applicable laws and regulations in your jurisdiction
• Complete all required tax documentation (W-9 for US residents, W-8BEN for international)

2.2 Application Review

All applications are subject to review and approval by the Company. We reserve the right to accept or reject any application at our sole discretion, without providing reasons for rejection. The typical review period is 24-48 business hours.

2.3 Account Creation

Upon approval, you will receive access credentials to your affiliate dashboard. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

2.4 Prohibited Affiliates

We do not accept affiliates who:

• Operate websites containing illegal, obscene, or offensive content
• Engage in spam, fraud, or other unethical practices
• Are direct competitors of KuhstomDataGPT
• Have been terminated from the Program previously
• Cannot provide proof of 50+ prior affiliate sales

3.1 Commission Rate

Affiliates earn a 30% recurring commission on all paid plan subscriptions referred through their unique affiliate link. Commissions are calculated based on the actual amount paid by the customer, excluding taxes and fees.

3.2 Qualifying Sales

Commissions are earned only on:

• Professional Plan subscriptions ($25/month or equivalent annual billing)
• Enterprise Plan subscriptions (custom pricing)

No commission is earned on:

• Free plan signups (Starter plan)
• Internal company purchases
• Promotional or discounted subscriptions below $10/month

3.3 Recurring Commissions

Commissions are paid monthly for as long as the referred customer maintains an active paid subscription. If a customer:

• Upgrades: Commission adjusts to the new plan rate
• Downgrades: Commission adjusts to the new plan rate
• Cancels: Commissions cease from the next billing cycle
• Downgrades to Free: Commissions cease until they upgrade again

3.4 Cookie Duration

Our affiliate tracking cookie remains active for 90 days from the initial click. If a visitor clicks your affiliate link and makes a purchase within 90 days, you receive credit for that sale.

3.5 Attribution Method

We use a last-click attribution model. If a customer clicks multiple affiliate links before purchasing, the last affiliate link clicked receives credit for the sale.

3.6 Commission Modifications

The Company reserves the right to modify commission rates with 30 days' written notice to affiliates. Modifications will not affect commissions on sales made prior to the effective date of the change.

4.1 Payment Schedule

Commissions are paid monthly on the 1st day of each month for commissions earned and confirmed in the previous month. For example, commissions earned in January are paid on February 1st.

4.2 Minimum Payout Threshold

The minimum payout threshold is $20.00 USD. If your commission balance is below $20.00, payment will be rolled over to the following month until the threshold is met.

4.3 Payment Methods

Payments are made via:

• PayPal: Instant transfer (1-2 business days)
• Bank Transfer: ACH (US) or Wire Transfer (International), 3-5 business days
• Stripe: Direct deposit to bank account, 2-3 business days

You are responsible for any fees charged by your payment processor or bank. The Company does not deduct processing fees from your commission payments.

4.4 Payment Currency

All payments are made in United States Dollars (USD). International affiliates may incur currency conversion fees from their payment provider.

4.5 Refunds and Chargebacks

7-Day Refund Policy: Customers may request a full refund within 7 days of purchase. If a refund is processed:

• The associated commission will be deducted from your next payment
• If your account balance becomes negative, it will be recovered from future earnings
• No commission is owed on refunded purchases

Chargebacks: In the event of a credit card chargeback or payment dispute, any related commission will be reversed regardless of the 7-day window.

4.6 Tax Responsibility

US Affiliates: You must complete Form W-9 before receiving your first payment. We will issue Form 1099-NEC if you earn $600 or more in a calendar year.

International Affiliates: You must complete Form W-8BEN to certify your foreign status. Tax treaty benefits may apply.

You are solely responsible for determining and paying any taxes owed on your affiliate commissions. We strongly recommend consulting with a tax professional regarding your obligations.

4.7 Payment Disputes

Any disputes regarding commission calculations or payments must be submitted in writing to affiliates@kuhstomdatagpt.com within 30 days of the payment date. Disputes not raised within this period are deemed waived.

5.1 FTC Disclosure Requirements

You must clearly and conspicuously disclose your affiliate relationship in accordance with FTC guidelines. Acceptable disclosures include:

• "I'm an affiliate for KuhstomDataGPT and may earn a commission"
• "This post contains affiliate links"
• "Affiliate disclosure: I earn from qualifying purchases"

Disclosures must be placed before affiliate links and in plain, easy-to-understand language.

5.2 Prohibited Marketing Practices

The following practices are strictly prohibited and may result in immediate termination:

5.3 Allowed Marketing Practices

5.4 Brand Usage Guidelines

When using our brand name, trademarks, or logos:

• Always use the correct spelling: "KuhstomDataGPT"
• Use only official logos provided in the marketing materials section
• Do not modify, alter, or create derivative versions of our logos
• Do not use our trademarks in a way that suggests endorsement beyond the affiliate relationship
• Do not register domains containing our brand name or variations

5.5 Content Quality Standards

All promotional content must:

• Be truthful, accurate, and not misleading
• Comply with all applicable advertising laws and regulations
• Not make unsubstantiated claims about results or earnings
• Respect intellectual property rights of third parties
• Maintain professional standards appropriate to your audience

6.1 Termination by Affiliate

You may terminate your participation in the Program at any time by providing written notice to affiliates@kuhstomdatagpt.com. Upon termination:

• You must immediately cease using all affiliate links and promotional materials
• You will receive payment for any earned commissions that meet the minimum threshold
• Recurring commissions will continue for existing referrals until customers cancel

6.2 Termination by Company

We reserve the right to suspend or terminate your affiliate account at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent activity or unethical practices
• Generating excessive refunds or chargebacks
• Inactivity for 12+ consecutive months with no referrals
• Damage to our brand reputation
• Failure to provide required tax documentation

6.3 Immediate Termination

The following violations will result in immediate termination without warning or opportunity to cure:

• Fraud, spam, or illegal activities
• Cookie stuffing or click fraud
• Brand bidding in paid search
• Self-referrals or attempts to game the system

6.4 Grace Period for Minor Violations

For minor or first-time violations (such as improper FTC disclosure or logo misuse), we will provide a written warning and a 14-day grace period to correct the issue before termination.

6.5 Effect of Termination

Upon termination:

• Your affiliate account will be deactivated
• All affiliate links will cease to track
• Earned commissions meeting the minimum threshold will be paid within 30 days
• For fraudulent terminations, we reserve the right to withhold payment pending investigation
• Future recurring commissions from existing referrals may be forfeited depending on the reason for termination

6.6 No Reinstatement

Affiliates terminated for fraudulent activity, spam, or serious violations will not be eligible for reinstatement into the Program.

7.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our trademarks, logos, and marketing materials solely for the purpose of promoting KuhstomDataGPT as an affiliate.

7.2 Restrictions

You may not:

• Modify, alter, or create derivative works of our intellectual property
• Use our trademarks in domain names, social media handles, or business names
• Register our trademarks or confusingly similar marks
• Use our intellectual property in a manner that suggests partnership or endorsement beyond the affiliate relationship

7.3 Ownership

All intellectual property rights in KuhstomDataGPT, including but not limited to trademarks, logos, product names, and marketing materials, remain the exclusive property of the Company. Nothing in these Terms transfers any ownership rights to you.

You agree to keep confidential all non-public information about the Program, including but not limited to commission structures, performance data, customer information, and proprietary marketing strategies, except as required to promote KuhstomDataGPT or as required by law.

You may not disclose aggregate affiliate program data, payout information, or internal communications without our prior written consent.

9.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your participation in the Program
• Termination of your affiliate account
• Delays or errors in commission tracking or payment
• Changes to commission rates or program terms
• Unauthorized access to or alteration of your data

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

9.2 Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your promotional activities and marketing materials
• Your violation of any laws, regulations, or third-party rights
• Any false, misleading, or defamatory statements you make about KuhstomDataGPT
• Your breach of FTC disclosure requirements or other advertising regulations

9.3 No Warranties

THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The Program will meet your requirements or expectations
• Affiliate tracking will be uninterrupted, timely, secure, or error-free
• Commission calculations will be accurate at all times
• Any particular results or earnings will be achieved

10.1 Independent Contractor

You are an independent contractor and not an employee, agent, partner, or joint venture of the Company. You have no authority to bind the Company or make commitments on our behalf. You are solely responsible for all taxes, insurance, and business expenses related to your affiliate activities.

10.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

10.3 Dispute Resolution

Any disputes arising from or relating to these Terms or the Program shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

10.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

10.6 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

10.7 Entire Agreement

These Terms, together with our Privacy Policy and general Terms of Service, constitute the entire agreement between you and the Company regarding the Program and supersede all prior agreements and understandings.

10.8 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: payment obligations, confidentiality, intellectual property rights, liability limitations, indemnification, and dispute resolution.

Our affiliate tracking system uses cookies and similar tracking technologies to attribute sales to affiliates. By participating in the Program, you acknowledge and accept our use of these technologies.

11.1 Cookie Duration

Affiliate tracking cookies remain active for 90 days from the initial click. If a user clears their cookies or uses a different device/browser, tracking may be lost.

11.2 Tracking Accuracy

While we use industry-standard tracking methods, we cannot guarantee 100% accuracy due to technical limitations, user privacy settings, ad blockers, and other factors. We are not liable for lost tracking or attribution errors.

11.3 Privacy Compliance

Our tracking methods comply with applicable privacy laws including GDPR and CCPA. Users have the right to opt out of tracking. You must disclose the use of affiliate cookies in your privacy policy if required by law.

If you have questions about these Terms or the Affiliate Program, please contact us: