Affiliate Program Agreement

Updated February 21, 2025

This My Marketing Pro Affiliate Program Agreement (the “Agreement”) is entered into by and between My Marketing Pro Inc. (“Company”) and the individual or entity agreeing to participate as an affiliate partner (“Affiliate”). If an individual is agreeing to this Agreement on the behalf of an entity, such individual represents and warrants that it has the authority and power to bind the entity to the terms of this Agreement. This Agreement governs Affiliate’s participation in Company’s affiliate program designed to promote Company’s products and services (the “Affiliate Program”). This Agreement shall be effective as of the date this Agreement is accepted by Affiliate.

By enrolling in the Affiliate Program, Affiliate agrees to be bound by the terms set forth herein, including any updates or amendments to this Agreement. If Company updates or amends this Agreement, it will provide Affiliate with notice that the Agreement has been updated or amended. Affiliate’s participation in the Affiliate Program is contingent upon compliance with this Agreement.

1. Appointment; Account.

As a member of the Affiliate Program, Company appoints Affiliate, and Affiliate accepts the appointment, to promote Company’s products and services in accordance with this Agreement. To become an Affiliate, you must create an account with Company. In registering for an account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. Once approved as an Affiliate, Affiliate will receive a referral link unique to Affiliate that Affiliate may share with Affiliate’s personal and business networks, including via direct outreach and through social media channels.

2. Compensation.

A. Affiliate will be paid the commission amounts that are listed on the following page: mymarketingpro.com/affiliates/commissions (the “Commissions Page”). As used on the Commissions Page and in this Agreement, “Verified User” shall mean a person or entity who, using Affiliate’s unique link, registers for an account with Company and successfully verifies their account using a United States phone number and who has not previously had an account with Company.

B. Payments for earned compensation will be paid on a biweekly basis via the method agreed upon by Company and Affiliate.

C. Company reserves the right to withhold or deny payments on any commission that Company, in its reasonable discretion, deems fraudulent or unqualified, including but not limited to those generated through misuse of Affiliate’s link, for Verified Users that exceed the daily limit listed on the Commissions Page, or for Verified Users who have previously had an account with Company. Commissions will not be earned for any users who are not verified. Commissions will not be earned for any memberships or subscriptions cancelled or terminated or that were refunded for any reason.

3. Company Marks; Content.

A. Company grants Affiliate a limited, non-exclusive, non-transferable license to use Company’s trademarks and logos (“Company’s Marks”) for the sole purpose of promoting Company’s product and services in connection with Affiliate’s participation in the Affiliate Program. Affiliate shall use Company’s Marks as provided by Company and unmodified by Affiliate. Affiliate shall use Company’s Marks in strict accordance with Company’s brand guidelines, as provided by Company. If at any time, Company informs Affiliate to cease use of Company Marks, Affiliate shall immediately cease such use.

B. From time to time, Company may provide Affiliate with certain marketing materials prepared by Company that relate to, promote or describe the Company’s products and services (“Marketing Materials”). Company grants Affiliate a limited, non-exclusive, non-transferable license to use the Marketing Materials for the sole purpose of promoting Company’s products and services to potential Verified Users in connection with Affiliate’s participation in the Affiliate Program. Affiliate shall use the Marketing Materials as provided by Company and unmodified by Affiliate. If at any time, Company informs Affiliate to cease use of Marketing Materials, Affiliate shall immediately cease such use. Affiliate shall not remove, modify or obscure any copyright notices or other proprietary notices on any Marketing Materials.

C. All content created by Affiliate shall be original to Affiliate. Affiliate’s content shall not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain any unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, sexually explicit, or patently offensive material or material that otherwise promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) be harmful to minors in any way or includes any image or other identifying information of any minor; or (iv) violate any applicable law, regulation, or obligations or restrictions imposed by any third party.

4. Prohibited Activities.

A. Affiliate shall not engage in any illegal or fraudulent activities, including but not limited to use of false advertising or misleading claims, engaging in spam practices or unauthorized email marketing.

B. Affiliate may not associate Company with any political or potentially controversial issue.

C. Affiliate shall not bid on any keywords, domain names, or trademarks related to Company, its products, or services in any pay-per-click (“PPC”) advertising campaigns.

D. Affiliate may not use Company’s Marks in the ad copy, display URL, or destination URL for PPC ads without Company’s prior written approval.

E. Affiliate may not use Company’s name, Company’s Marks, or any variation thereof in any domain names, social media handles, or online accounts. Additionally, Affiliate may not create websites, apps, or social media pages that would reasonably be perceived as owned or operated by Company.

F. Affiliate is not an employee of Company and shall not be considered an employee of Company for any purpose, nor shall Affiliate reasonably lead any third party to believe Affiliate is an employee of Company. For the avoidance of doubt, Affiliate may not hold itself out to Verified Users, customers, end clients, potential users, potential customers, potential end clients or any third parties as an employee, independent contractor, partner, or agent of Company.

G. Company may immediately terminate Affiliate’s participation in the Affiliate Program if Company determines that (i) Affiliate has violated this section, or (ii) Affiliate has otherwise participated in activities that may harm Company’s reputation or would subject Company to legal liability.

5. Compliance with Laws.

A. Affiliate agrees to comply all laws, rules and regulations, including privacy regulations, applicable to Affiliate’s participation in the Affiliate Program. Without limiting the foregoing, Affiliate shall comply with the Federal Trade Commission’s Guides Concerning Endorsement and Testimonials in Advertising, available at https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255.

B. Affiliate shall ensure that all content created by Affiliate complies with Company’s standards and guidelines as provided to Affiliate.

6. Termination.

A. Company reserves the right to monitor Affiliate’s activities to ensure compliance with this Agreement. Failure to comply with this Agreement may result in immediate termination from the Affiliate Program and forfeiture of any pending, unpaid commissions.

B. Company reserves the right to terminate this Agreement and/or Affiliate’s participation in the Affiliate Program at any time, with or without cause, and for any reason, at Company’s sole discretion. In the event of termination, any commissions payable as of the termination date will be paid in accordance with Section 2, provided that Affiliate is not in breach of Agreement. After termination of this Agreement or Affiliate’s participation in the Affiliate Program, Affiliate may or may not remove reference of Company in its content, but Company will not pay Affiliate commissions generated through Affiliate’s efforts and/or content after the date of termination.

C. If Affiliate desires to terminate its participation in the Affiliate Program, it may do so by notifying Company via affiliates@mymarketingpro.com.

7. Confidentiality.

A. Each party shall maintain the confidentiality of all confidential or proprietary information provided by the other party, including but not limited to marketing strategies, upcoming product launches, and internal communications.

B. Monetary damages may not be an adequate remedy for a breach or threatened breach of a party’s confidential information. In addition to all other remedies available at law or in equity, the non-breaching party shall be entitled to seek injunctive relief as remedies for such breach or threatened breach.

8. Indemnification.

Affiliate agrees to indemnify, defend and hold harmless Company from any claim, suit, proceeding or action brought by a third party against Company that arises from or relates to Affiliate’s breach of this Agreement or participation in the Affiliate Program.

9. Miscellaneous.

A. The parties are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship.

B. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to any conflict of laws principles.

Affiliate Program Agreement