Last Updated: March 2025This Affiliate Program Agreement (the “Agreement”) governs your participation in the Datta Tech Affiliate Program (the “Program”) as a Second-Tier Affiliate. By applying to or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by the terms of this Agreement, as well as Datta Tech’s Privacy Policy and Terms and Conditions (both incorporated herein by reference). If you represent a business entity, you warrant that you have the authority to bind that entity to this Agreement.

1. PROGRAM APPLICATION

Application Process: You agree to provide accurate, complete, and truthful information as part of your application. Datta Tech reserves the right to approve or deny your application at its sole discretion. Your acceptance into the Program confirms your status as a Second-Tier Affiliate, recruited via a Primary Affiliate.Consent to Communication: By applying, you consent to receive communications from Datta Tech regarding your application and participation in the Program. All such communications will be sent to you at the email address provided during your application.

2. PROGRAM STRUCTURE

Second-Tier Affiliate Status: As a Second-Tier Affiliate, you have been recruited by an approved Primary Affiliate. You will market Datta Tech services using your unique Affiliate Link and earn commissions based solely on the Sales generated directly through your efforts.Relationship with Primary Affiliate: Although you are recruited by a Primary Affiliate, you are directly contracting with Datta Tech. (Any override commissions for your Primary Affiliate are handled solely under their separate agreement with Datta Tech.)

3. COMMISSION STRUCTURE AND PAYMENT TERMS

Direct Sales Commission: You will earn a commission of 20% on each Sale generated by a new customer (“Prospect”) who accesses Datta Tech via your unique Affiliate Link and completes a purchase within the designated tracking window (e.g., 90 days). A “Sale” is defined as a valid purchase of Datta Tech services attributable solely to your marketing efforts. There are no exceptions or additional conditions to this commission structure.Payment Schedule: Commissions are paid on the 15th of each month (or on the next business day if the 15th falls on a weekend or holiday), following Datta Tech’s receipt of payment for the relevant Sale. Payments will be made in U.S. Dollars (USD) or in other available currencies via a third-party payment provider. There is no minimum threshold for payout.Refunds and Chargebacks: If a Sale is refunded or a chargeback occurs, any commission paid on that Sale will be deducted from your future payouts Tax Documentation: Each Affiliate is treated as a 1099 vendor. You must provide all necessary tax documentation (such as a W-9 form) to ensure proper tax reporting. Failure to provide timely documentation may result in delayed or forfeited payments.

4. INTELLECTUAL PROPERTY AND USE OF MATERIALS

Marketing Materials: Datta Tech may provide you with certain marketing materials (“Datta Tech Materials”) to promote our services. These materials remain the property of Datta Tech and are to be used solely for promoting the Program.Trademark Guidelines: Any use of Datta Tech’s trademarks, logos, or other intellectual property must adhere to our brand guidelines. No such materials may be used beyond the scope of this Agreement without Datta Tech’s prior written approval. Media Release: By participating in the Program or related promotional events, you grant Datta Tech the right to use your name, image, voice, and likeness for marketing purposes without additional compensation.

5. TERM AND TERMINATION

Effective Date: This Agreement becomes effective upon your acceptance (including digital acceptance) and remains in effect until terminated by either party.Termination Rights: Either you or Datta Tech may terminate this Agreement at any time with thirty (30) days’ written notice. Datta Tech may also immediately terminate your participation if you breach any terms of this Agreement or engage in fraudulent or unlawful practices. In such cases, any pending commissions on Sales deemed in violation will be forfeited.Post-Termination Obligations: Upon termination, your rights to use Datta Tech Materials and access commission reporting will cease. Commissions earned prior to termination, subject to adjustments for any refunded or chargeback Sales, will be paid according to the standard payment schedule.

6. REPRESENTATIONS AND WARRANTIES

Accuracy and Legality: You represent and warrant that all information provided is accurate and that your promotional activities comply with all applicable laws and regulations, including advertising standards and the FTC’s guidelines on endorsements.Disclosure Obligations: You agree to clearly and conspicuously disclose your affiliate relationship with Datta Tech in all promotional communications in accordance with applicable laws and Datta Tech’s guidelines.

7. INDEPENDENT CONTRACTOR STATUS

Your participation in the Program is as an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee, partnership, or agency relationship between you and Datta Tech. You are solely responsible for your own taxes, insurance, and any other statutory obligations arising from your participation.

8. LIMITATION OF LIABILITY

Disclaimer: Datta Tech shall not be liable for any indirect, incidental, consequential, punitive, or special damages resulting from your participation in the Program.Cap on Liability: In no event shall Datta Tech’s total liability under this Agreement exceed the greater of three times the monthly payments received from the relevant Sale or a specified maximum amount (e.g., $1500), subject to applicable law.

9. DISPUTE RESOLUTION

Arbitration and Class Action Waiver: Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the laws of Kentucky, United States. By participating in the Program, you agree to waive any right to participate in class action lawsuits or class-wide arbitration.Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Kentucky, United States, without regard to its conflict of law provisions.

10. MISCELLANEOUS

Modifications: Datta Tech reserves the right to modify the terms of this Agreement at any time. Continued participation in the Program after any modifications constitutes your acceptance of the revised terms.Notices: All notices related to this Agreement shall be sent to [email protected] and will be considered effective upon receipt.

Exhibits

Exhibit A: Code of Conduct

You must market Datta Tech services ethically, accurately, and transparently.All promotional content must include a clear disclosure of your affiliate relationship with Datta Tech. You shall refrain from any deceptive or misleading advertising practices.

Exhibit B: Disclosure Requirements

Every piece of content promoting Datta Tech must include a disclosure such as “I am an affiliate of Datta Tech” in a prominent manner. You must comply with any additional disclosure guidelines provided by Datta Tech from time to time.

By participating in the Datta Tech Affiliate Program as a Second-Tier Affiliate, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. For any questions, please contact us at [email protected].