Affiliate Program Agreement

1. Agreement & Definitions

This Affiliate Program Agreement ("Agreement") is a legally binding contract between you ("Affiliate," "you," or "your") and HookMafia ("Company," "we," "us," or "our"), a software-as-a-service platform operated at hookmafia.io. By enrolling in the HookMafia Affiliate Program ("Program"), you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

Key definitions:

• "Referred Customer" means a new, unique individual or entity that (a) clicks your Referral Link, (b) creates a HookMafia account, and (c) completes a qualifying paid subscription purchase.
• "Referral Link" means the unique, trackable URL assigned to you upon enrollment (format: hookmafia.io/ref/CODE).
• "Commission" means the monetary amount earned by Affiliate for each qualifying payment made by a Referred Customer.
• "Qualifying Payment" means any subscription payment received by the Company from a Referred Customer, excluding taxes, refunds, chargebacks, and disputed amounts.
• "Promotional Materials" means any logos, brand assets, copy, images, or marketing content provided by the Company for use in the Program.

2. Enrollment & Eligibility

• You must be at least 18 years of age (or the age of majority in your jurisdiction) to participate.
• You must have an active HookMafia account in good standing.
• One person or legal entity may maintain only one Affiliate account. Creating multiple accounts to manipulate referrals will result in immediate termination.
• The Company reserves the right to accept or reject any Affiliate application at its sole discretion, without obligation to provide reasons.
• Enrollment does not guarantee any minimum level of commissions or referrals.

3. Commission Structure & Calculation

• Recurring commissions: You earn 30% of every Qualifying Payment made by your Referred Customer for the lifetime of their active subscription. If the customer cancels and later resubscribes, no further commissions are owed unless they re-signup through your Referral Link.
• Calculation basis: Commissions are calculated on the gross amount received by HookMafia from the customer (the total amount charged), excluding applicable sales taxes, VAT, refunds, and chargebacks.
• Payment processing fees: Stripe processing fees (approximately 2.9% + $0.30 per transaction) are borne by the Company and are NOT deducted from your commission. Your 30% is calculated on the full payment amount before Stripe fees.
• Payout processing fees: The Company absorbs PayPal and Wise transfer fees for payouts. You receive the full approved commission amount.
• Exclusions: No commission is earned on (a) your own purchases or accounts you control, (b) free trial signups that do not convert to paid subscriptions, (c) promotional credits or gift subscriptions, (d) payments that are subsequently refunded, charged back, or disputed, or (e) any payments resulting from fraudulent, misleading, or prohibited activities.

4. Referral Tracking & Attribution

• Cookie duration: 60 days. When a visitor clicks your Referral Link, a browser cookie is set that persists for 60 calendar days. If the visitor creates an account and makes a qualifying purchase within this window, the referral is attributed to you.
• Attribution model: First-click attribution. The first affiliate whose link the visitor clicks receives credit, regardless of subsequent clicks on other affiliates' links within the same cookie window.
• Cookie limitations: Cookies may be deleted by the user, blocked by browser settings or extensions, or lost when switching devices. The Company is not responsible for lost attributions due to these factors.
• Disputes: In the event of an attribution dispute between affiliates, the Company's records shall be the final and binding determination.

5. Payout Terms

• Approval period (Net-30): All commissions are held in "Pending" status for 30 calendar days after the corresponding customer payment. This hold period allows for refunds, chargebacks, and fraud review. After 30 days, commissions automatically move to "Approved" status.
• Minimum payout threshold: $50.00 USD. Approved commissions below this threshold are carried over to the following month indefinitely until the threshold is met.
• Payout schedule: Approved commissions that meet the minimum threshold are processed on the 15th of each calendar month. If the 15th falls on a weekend or bank holiday, payouts are processed on the next business day.
• Payment methods: PayPal and Wise (TransferWise) are currently supported. You must configure your preferred payment method and provide a valid payment email address in the Affiliate Dashboard before any payout can be processed.
• Currency: All commissions are calculated and paid in United States Dollars (USD). Currency conversion fees, if any, are the responsibility of the Affiliate.
• Failed payments: If a payout fails due to an incorrect email, closed account, or other issue on your end, the Company will make one additional attempt. If the second attempt fails, the funds will be held until you update your payment information.
• Unpaid balance on termination: If you voluntarily leave the Program, approved commissions above the minimum threshold will be paid in the next scheduled payout cycle. Pending commissions at the time of voluntary departure will complete their 30-day hold and be paid if approved. See Section 13 (Termination) for details on termination for cause.

6. Refund Clawback & Chargebacks

• Refund reversal: If a Referred Customer receives a full or partial refund, the corresponding commission is immediately reversed. If the commission was Pending, it is removed. If it was Approved but not yet Paid, it is deducted from your approved balance.
• Chargeback reversal: If a Referred Customer initiates a chargeback or payment dispute with their bank or credit card issuer, the corresponding commission is reversed immediately upon notification.
• Post-payout clawback: If a refund or chargeback occurs after a commission has already been paid out, the clawback amount will be deducted from your future commission earnings. If your account has a negative balance due to clawbacks, no further payouts will be made until the balance is positive.
• Fraud investigation hold: The Company reserves the right to withhold, delay, or freeze commission payments during an active fraud or compliance investigation. Held commissions will be released or forfeited upon conclusion of the investigation.

7. Prohibited Activities

The following activities are strictly prohibited and will result in immediate suspension or termination and forfeiture of all pending commissions:

• Self-referrals: Referring yourself, your immediate family members, your employees, or accounts you own or control. This includes creating accounts under different emails to earn commission on your own purchases.
• Brand bidding: Bidding on "HookMafia," "Hook Mafia," "hookmafia.io," or any variations, misspellings, or related branded keywords in paid search advertising (Google Ads, Bing Ads, Facebook Ads, etc.). If running paid ads, you must add all HookMafia brand terms as negative keywords.
• Domain squatting: Registering domain names that contain "HookMafia," "Hook Mafia," or confusingly similar variations (e.g., hookmafia-deals.com, gethookmafia.com).
• Spam & unsolicited communications: Sending unsolicited emails, SMS/text messages, direct messages, or any bulk communications promoting your Referral Link. This includes purchased email lists, cold outreach, and automated messaging.
• Cookie stuffing: Placing referral cookies on users' browsers without their knowledge or genuine click-through, including through hidden iframes, pop-unders, forced redirects, or browser extensions.
• Ad hijacking: Creating paid advertisements that mimic or impersonate official HookMafia ads, landing pages, or communications.
• Incentivized signups: Offering cashback, rebates, monetary rewards, gift cards, or any direct financial incentive to individuals in exchange for signing up through your Referral Link.
• False or misleading claims: Making exaggerated, unsubstantiated, or false claims about HookMafia's features, capabilities, pricing, results, or any other aspect of the product. All promotional statements must be truthful and based on your actual experience.
• Fake reviews or testimonials: Creating, purchasing, or soliciting fabricated reviews, testimonials, or endorsements for HookMafia on any platform.
• Traffic source obfuscation: Hiding, disguising, or misrepresenting the source of your referral traffic through intermediary servers, URL masking, redirect chains, or cloaking techniques.
• Unauthorized discounting: Offering, advertising, or distributing unauthorized coupon codes, discount codes, or special pricing not officially provided by the Company.
• Misleading income claims: Representing or implying that affiliates can earn specific dollar amounts, achieve "passive income," or attain financial results that are not typical or guaranteed. See Section 10 (Earnings Disclaimer).
• Illegal or harmful content: Promoting HookMafia on websites or platforms that contain illegal content, hate speech, explicit material, malware, or content that could damage the Company's reputation.

8. FTC Disclosure & Advertising Compliance

As an Affiliate, you are legally required to comply with the U.S. Federal Trade Commission ("FTC") Endorsement Guides (16 CFR Part 255) and all applicable advertising laws in your jurisdiction.

• Mandatory disclosure: You MUST clearly and conspicuously disclose your affiliate relationship with HookMafia every time you share your Referral Link, promote HookMafia, or make any endorsement. This disclosure must be "difficult to miss and easily understandable by ordinary consumers."
• Placement: The disclosure must appear near the affiliate link or promotional content itself — not buried in a footer, "About" page, or separate disclosure page.
• Acceptable language: Use clear language such as "Paid partnership with HookMafia," "I earn a commission if you subscribe through my link," or "Sponsored by HookMafia." Generic hashtags like #ad may not be sufficient.
• Platform-specific: Built-in platform disclosure tools (e.g., Instagram's "Paid partnership" label) may supplement but do NOT replace a clear text disclosure.
• Honest endorsements: All endorsements must reflect your honest opinion and actual experience with HookMafia.
• CAN-SPAM compliance: If promoting via email (only to your own opt-in subscribers), you must comply with the CAN-SPAM Act, including accurate headers, functioning unsubscribe mechanism, and physical mailing address. Violations carry penalties of up to $50,000 per email.
• TCPA compliance: You must NOT send unsolicited text messages or make automated calls promoting HookMafia. Violations carry penalties of $500 to $1,500 per message.
• Company liability: Failure to comply with FTC, CAN-SPAM, or TCPA requirements may result in immediate termination and you agree to indemnify the Company for any resulting fines, penalties, or legal costs (see Section 15).

9. Intellectual Property

• Limited license: The Company grants you a limited, non-exclusive, non-transferable, revocable license to use approved Promotional Materials solely for the purpose of promoting HookMafia through the Program. This license terminates immediately upon termination of your participation.
• Approved use only: You may only use Promotional Materials in the forms and formats provided by the Company. You may not modify, alter, or create derivative works of any Company logos, brand assets, or trademarks without prior written permission.
• Trademark usage: When referencing the brand name, use "HookMafia" (one word, capital H and M). Do not use the brand name in domain names, social media handles, app names, or business names.
• No implied rights: Nothing in this Agreement grants you any ownership interest or rights in HookMafia's products, services, trademarks, trade names, copyrights, patents, trade secrets, or other intellectual property beyond the limited license described above.
• Post-termination: Upon termination, you must immediately remove all Promotional Materials, Referral Links, Company trademarks, and brand assets from your websites, social media, and all other channels within 7 calendar days.
• Content approval: The Company reserves the right to review any promotional content you create featuring HookMafia and to request modifications or removal of content that does not meet our brand guidelines or violates this Agreement.

10. Earnings Disclaimer

11. Independent Contractor Relationship

You are an independent contractor and NOT an employee, agent, partner, or joint venturer of HookMafia. This Agreement does not create any employment, agency, partnership, or franchise relationship.

• You have no authority to bind, commit, or make representations on behalf of the Company.
• You are solely responsible for all costs and expenses incurred in performing your affiliate activities.
• The Company will not provide employee benefits, workers' compensation, unemployment insurance, health insurance, or any other employment-related benefits.
• You may not represent yourself as an employee or authorized agent of HookMafia in any communication.

12. Tax Obligations

• Your responsibility: As an independent contractor, you are solely responsible for reporting and paying all applicable federal, state, local, and international taxes on commission income, including income tax and self-employment tax.
• U.S. affiliates: If you are a U.S. person (citizen, resident, or entity) and earn $600 or more in commissions in a calendar year, the Company is required to issue IRS Form 1099-NEC. You may be required to submit a completed IRS Form W-9 before your first payout or upon request.
• International affiliates: If you are not a U.S. person, you may be required to submit IRS Form W-8BEN (individuals) or W-8BEN-E (entities) to certify your foreign status. Failure to provide requested tax documentation may result in backup withholding at the applicable rate (currently 24%) or delay of payouts.
• No tax advice: The Company does not provide tax advice. Consult a qualified tax professional regarding your specific obligations.

13. Termination

• Voluntary withdrawal: You may leave the Program at any time by contacting us at support@hookmafia.io. Approved, unpaid commissions that meet the minimum payout threshold will be paid in the next scheduled payout cycle. Pending commissions will complete their 30-day hold period and be paid if approved.
• Termination without cause: Either party may terminate this Agreement for any reason with 30 calendar days' written notice. During the notice period, the Affiliate may continue to earn commissions on qualifying referrals.
• Termination for cause (immediate): The Company may suspend or terminate your account immediately, without prior notice, for any of the following:
  • Violation of any Prohibited Activity listed in Section 7
  • Failure to comply with FTC, CAN-SPAM, TCPA, or other applicable laws
  • Fraud, misrepresentation, or dishonest conduct
  • Activity that damages or threatens the reputation of HookMafia
  • Breach of any material term of this Agreement
• Effect of termination for cause: ALL pending and approved but unpaid commissions are forfeited. The Company shall have no further payment obligation to you.
• Post-termination obligations: Upon termination (for any reason), you must (a) immediately cease all promotional activities, (b) remove all Referral Links, Promotional Materials, and HookMafia brand assets from your channels within 7 days, and (c) destroy any confidential information received through the Program.
• Inactivity: Affiliate accounts with no qualifying referrals for 12 consecutive months may be deactivated. Unpaid balances below the minimum threshold are forfeited after 12 months of inactivity.

14. Data Privacy & Compliance

• Personal data: The Program uses browser cookies containing a referral code identifier for attribution purposes. You acknowledge that referral tracking cookies may constitute personal data under GDPR, CCPA, and similar data protection laws.
• Your privacy obligations: If you collect personal data in connection with your affiliate activities (e.g., through your own website or landing pages), you must (a) maintain a publicly accessible privacy policy, (b) comply with all applicable data protection laws including GDPR and CCPA, and (c) honor data subject access, rectification, and deletion requests.
• No data sharing: The Company will not share personally identifiable information about Referred Customers with you beyond what is visible in your Affiliate Dashboard (referral status, plan type, and commission amounts).
• Cookie consent: You are responsible for ensuring that your own websites and promotional channels comply with applicable cookie consent requirements when using affiliate tracking links.

15. Indemnification

You agree to indemnify, defend, and hold harmless HookMafia, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your participation in the Program, (b) your breach of this Agreement, (c) your violation of any applicable law, regulation, or third-party right (including FTC, CAN-SPAM, TCPA, GDPR, or CCPA), (d) your promotional activities or content, (e) any taxes, penalties, or interest resulting from your failure to comply with tax obligations, or (f) any misrepresentation made by you regarding HookMafia or the Program.

16. Limitation of Liability

• Liability cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS ACTUALLY PAID TO YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• No consequential damages: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Disclaimer of warranties: THE PROGRAM, HOOKMAFIA PRODUCTS, AND ALL PROMOTIONAL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

17. Confidentiality

During and after your participation in the Program, you agree to keep confidential any non-public information disclosed to you through the Program, including but not limited to commission rates, conversion data, internal metrics, product roadmaps, pricing strategies, and business plans ("Confidential Information").

• You may not disclose Confidential Information to any third party without prior written consent from the Company.
• You must protect Confidential Information with the same degree of care you use for your own confidential information, but no less than reasonable care.
• This confidentiality obligation survives termination of this Agreement.
• Confidential Information does not include information that (a) is or becomes publicly available through no fault of yours, (b) was known to you before disclosure, or (c) is independently developed by you without reference to the Confidential Information.

18. Representations & Warranties

By enrolling in the Program, you represent and warrant that:

• You have the legal authority to enter into this Agreement.
• You are not currently under investigation by the FTC, FCC, or any similar regulatory body regarding consumer protection, advertising, telemarketing, or data privacy laws.
• You will promptly notify the Company (within 48 hours) if any such investigation is initiated during your participation.
• All information you provide in connection with the Program is truthful, accurate, and complete.
• Your promotional activities will comply with all applicable federal, state, local, and international laws and regulations.
• You will not make false, misleading, or exaggerated claims about HookMafia, and all promotions will be based on your actual experience with the product.

19. Modifications to This Agreement

• The Company reserves the right to modify this Agreement, including commission rates, payout terms, and program policies, at any time.
• Material changes will be communicated to active affiliates via email or notification in the Affiliate Dashboard with at least 30 calendar days' notice before taking effect.
• Changes to commission rates will apply to new referrals made after the effective date. Existing referrals will continue at the commission rate in effect at the time of the original referral, unless otherwise specified.
• If you disagree with any changes, you may terminate your participation before the effective date. Continued participation after the effective date constitutes acceptance of the updated terms.

20. Governing Law & Dispute Resolution

• Governing law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.
• Informal resolution: Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute informally by sending written notice to the other party and engaging in good faith negotiations for a period of 30 calendar days.
• Binding arbitration: Any dispute that is not resolved informally shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in New York, New York, or remotely by mutual agreement.
• Class action waiver: YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
• Jury trial waiver: BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
• Small claims exception: Either party may pursue claims in small claims court (or equivalent) if the claim falls within the court's jurisdictional limits.

21. General Provisions

• Entire agreement: This Agreement constitutes the entire agreement between you and the Company with respect to the Program and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
• Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement freely in connection with a merger, acquisition, or sale of assets.
• Force majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, internet or power outages, or system failures.
• Non-disparagement: During and after your participation, you agree not to make or publish disparaging, defamatory, or derogatory statements about HookMafia, its products, or its team. This does not restrict truthful statements or good-faith criticism.
• Non-exclusivity: This Program is non-exclusive. You are free to participate in other affiliate or referral programs, including those of competitors, provided you do not violate any other provision of this Agreement.
• Survival: The following sections survive termination of this Agreement: Section 6 (Refund Clawback), Section 8 (FTC Disclosure), Section 9 (Intellectual Property), Section 10 (Earnings Disclaimer), Section 12 (Tax Obligations), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 17 (Confidentiality), Section 20 (Governing Law & Dispute Resolution), and Section 21 (General Provisions).

22. Contact

For questions, concerns, or notices regarding the Affiliate Program, contact us at: support@hookmafia.io

HookMafia
New York, NY
United States