AffiliateAgreement.

This Affiliate Agreement ("Agreement") governs your participation in the CallBack CRM Affiliate Program ("Program") operated by CallBack LLC, a New Mexico limited liability company ("Company," "we," "us," or "our"). By enrolling in the Program, you ("Affiliate," "you," or "your") agree to be bound by the terms and conditions set forth in this Agreement.

This Agreement constitutes the entire agreement between you and the Company with respect to the Program and supersedes all prior agreements, representations, warranties, and understandings relating to the subject matter hereof.

To participate in the Program, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Agree to the terms of this Agreement in full
• Have a valid PayPal account or US bank account for payment disbursement
• Not be located in a jurisdiction where participation in such programs is prohibited by law

The Company reserves the right to reject any affiliate application or terminate an existing affiliate's participation at its sole discretion, including if you operate a competing business, engage in activities that conflict with CallBack's values, or violate any provision of this Agreement.

Affiliates earn a 40% recurring commission on the net subscription revenue generated by each referred customer ("Referral") for as long as that Referral maintains a continuously active paid subscription with CallBack. Commissions cease seven (7) days after the lapse of the Referral's subscription for any reason (including cancellation, pause, suspension, freeze, downgrade to a non-commissionable plan, non-renewal, or failed payment for which Stripe's retry process has not successfully recovered payment within seven days), regardless of whether the Referral's account remains open. If a previously canceled or paused subscription is later reactivated more than seven days after lapse, no further commissions will accrue under the original referral; the Referral would need to be re-referred under a new attribution window.

Commissions are calculated on the net amount collected after any applicable taxes, refunds, chargebacks, or processing fees. Commissions are not earned on setup fees, ancillary services, or any usage-based billing such as LeadSync Compliance charges.

Attribution. A Referral is attributed to an Affiliate when a prospect clicks the Affiliate's unique referral link and completes a paid subscription within three hundred sixty-five (365) days of that click. If the prospect clicks links from multiple Affiliates within the attribution window, the most recent link clicked before subscription takes precedence (last-click attribution). CallBack's server logs are authoritative for attribution disputes, and CallBack's determination of attribution is final.

Commissions are paid on a monthly basis on net-15 terms — within fifteen (15) days following the close of each calendar month, provided your account balance meets the minimum payout threshold of $50.00 USD. Balances below the $50.00 threshold will roll over to the following month until the threshold is reached.

Payments are issued via direct deposit (ACH) or PayPal. You are responsible for providing and maintaining accurate payment account information.

Tax Forms (Condition Precedent to Payment). Prior to your first commission payment, you must provide CallBack with a current, accurate tax identification form: U.S.-based Affiliates must submit a current IRS Form W-9; non-U.S. Affiliates must submit a current IRS Form W-8BEN (individual) or W-8BEN-E (entity). CallBack reserves the right to withhold all commission payments until the required tax form is received and verified. CallBack may apply mandatory U.S. backup withholding as required by law where a current and valid W-9 has not been provided. CallBack will issue a Form 1099-NEC as required by applicable law for U.S.-based Affiliates earning $600 or more in a calendar year.

As a CallBack affiliate, you agree to promote the Program honestly and in compliance with all applicable laws. Specifically, you must not:

• Send unsolicited commercial email (spam) or engage in any form of bulk messaging
• Make false, misleading, or exaggerated claims about CallBack CRM or its features
• Use CallBack's trademarks, logos, or brand assets without prior written permission
• Bid on CallBack-branded keywords in paid search advertising without explicit written consent
• Misrepresent your relationship with CallBack or imply that you are an employee or official representative
• Offer cash rebates, unauthorized discounts, or incentives to prospective customers without Company approval
• Promote CallBack on any platform or website containing illegal, harmful, or discriminatory content

In addition, you must not engage in any of the following practices:

• Cookie stuffing, forced clicks, hidden iframes, or any technique that sets affiliate cookies without the visitor's awareness
• Self-referrals, including referring yourself or any entity you own or control, or referring through an account opened by a person with whom you share a business or personal relationship for the purpose of evading this prohibition
• Offering cash rebates, gift cards, or any other inducement to prospective customers in exchange for using your referral link (outside the standard affiliate offering authorized in writing by CallBack)
• Last-click hijacking, including bidding on CallBack-branded keywords in paid search without explicit written authorization or running paid traffic that overrides organic search results with the intent to capture last-click attribution
• Bulk commercial email promotion that fails to comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.), including but not limited to: (a) inaccurate sender identification or "From" line, (b) deceptive subject lines, (c) failure to include a working unsubscribe mechanism honored within ten (10) business days, (d) failure to include a valid physical postal address, and (e) failure to clearly identify the message as an advertisement
• Promotion of CallBack on any platform or website containing illegal, harmful, fraudulent, or discriminatory content

Violations of any of these prohibitions result in immediate forfeiture of pending commissions, termination of your participation in the Program, and may result in legal action.

You must clearly and conspicuously disclose your affiliate relationship with CallBack CRM in all promotional materials, in compliance with the FTC's Endorsement Guides and any other applicable regulations. This disclosure must appear before or near any affiliate link and must be in plain language that consumers can easily understand.

Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party. You may terminate by contacting us at legal@callbackinc.com or billing@callbackinc.com.

Upon termination without cause, you will no longer earn commissions on any new referrals. Commissions already earned on existing continuously-active Referrals will continue to be paid for up to thirty (30) days following the effective date of termination, after which all commission obligations cease.

The Company may terminate this Agreement immediately and without notice if you (a) violate any provision of these terms, (b) engage in fraudulent activity, (c) cause harm to CallBack's brand, reputation, or customers, or (d) materially breach any of the Promotional Guidelines in Section 5. In such cases — termination for cause — all pending and future commissions are immediately and permanently forfeited, including residual commissions on previously-referred Referrals.

The laws of the State of New Mexico will govern this Agreement and any disputes under it, without giving effect to any principles of conflicts of laws. Any controversy or claim arising out of or relating to this Agreement shall be exclusively settled by binding individual arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. The arbitration proceedings shall be held in Otero County, New Mexico. Any arbitration award may be entered in a court of competent jurisdiction. All claims and disputes must be arbitrated on an individual basis and not on a class basis; claims of more than one Affiliate cannot be arbitrated or litigated jointly or consolidated.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Company's total liability to you for any claim arising out of or relating to this Agreement shall not exceed the total commissions paid to you in the three (3) months preceding the event giving rise to the claim.

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your participation in the Program or your violation of this Agreement.

If you have questions about this Agreement or the CallBack Affiliate Program, please contact us: