Affiliate Program Agreement

This Agreement is between Cyborg Marketing LLC (“Cyborg,” “we,” “our,” or “us”) and the individual or entity approved as an affiliate (“Affiliate,” “you” or “your”).

You must apply through the application form at /affiliates and be approved by Cyborg in writing (email is sufficient) before you can participate. Approval is at Cyborg’s sole discretion. We may decline any application for any reason.

You must be at least 18 years old and have a real audience or distribution channel that we can verify. You may not refer yourself, your own company, an entity you control, or members of your immediate household.

The current commission schedule is:

• Cyborg Core: 10% recurring commission on the referred customer’s monthly subscription fee, paid every month the customer is active and paying Cyborg. Starts at $500/month per Cyborg Core client at the current $5,000/month minimum engagement.
• Custom AI Builds: 5% of the project fee, paid one time after the project closes, the customer’s invoice is paid in full, and the 30-day clearing window passes.
• Cyborg AI-Created Websites: 10% of the project fee, paid one time after the project closes and payment clears.
• SEO & Ads Management: 10% recurring on the monthly retainer, every month the customer is active.

Commission rates may be revised on a forward basis with at least thirty (30) days’ notice. Revisions do not affect referrals already credited to your account.

Each affiliate is issued a unique referral link. When a prospect clicks your link, a tracking cookie is set on their browser with a sixty (60) day window. Any signup the prospect completes within that window is credited to your account.

For personal referrals not captured by a link click (email intros, phone calls, podcast mentions, in-person mentions), you must submit the prospect’s name and email through your affiliate dashboard. Personal referrals are credited manually once the prospect signs up and is verified by us.

If a prospect is referred by more than one affiliate, the affiliate whose verified referral we identify first is credited. For link clicks, this is the cookie active on the browser at signup. For personal referrals, this is the earliest submitted contact on file. Referral windows reset after six (6) months: a referral older than six months that has not yet converted no longer holds attribution against a newer referral. We do not split commissions across affiliates for the same customer.

Commissions earned in calendar month N are paid out at the start of month N+2, after the refund window on the referred customer’s charge closes. The minimum payout balance is one hundred U.S. dollars ($100). Balances below the minimum roll forward.

Payouts are made through the affiliate platform on which your account is hosted, using the payout methods that platform supports (which may include ACH, PayPal, wire transfer, or other methods at the platform’s discretion). You select your preferred payout method and set up your payment account inside your affiliate dashboard. You are responsible for the accuracy of your payout details and for any fees charged by the affiliate platform or your payment provider. Cyborg may change the affiliate platform from time to time; if we do, your account, balance, and payout setup will be migrated to the new platform and you will be notified of any change in payout mechanics in advance.

You are responsible for any taxes owed on your affiliate earnings. We will issue an IRS Form 1099 (or local equivalent) to U.S.-resident affiliates who earn $600 or more in a calendar year, as required by law.

If a referred customer cancels their subscription, your recurring commission stops the month they stop paying. If they re-up later and attribution still holds, your commission resumes. We do not claw back commissions already paid out for past months unless the underlying charge is refunded, charged back, or fraudulent.

The U.S. Federal Trade Commission requires affiliates to disclose their material connection to the company they are promoting. As a Cyborg affiliate, you must include a clear and conspicuous disclosure in every public promotion of Cyborg products, including but not limited to: blog posts, social posts, video descriptions, podcast episodes, email newsletters, and paid advertising creative.

The full disclosure standard is set out in our Affiliate Disclosure Policy. Failure to disclose is a material breach of this Agreement and grounds for immediate termination plus forfeiture of any unpaid commissions.

You may not, in connection with promoting Cyborg:

• Make any false, misleading, or unsubstantiated claim about Cyborg products, pricing, results, or methodology.
• Imply or claim that you are a Cyborg employee, executive, or official spokesperson, or use the Cyborg marks in a way that suggests endorsement of you or your own products.
• Bid on Cyborg-owned trademarks (including “Cyborg Marketing”, “cyborg.marketing”, “Cyborg Core”, “The Cyborg Way”) or close variants on Google, Bing, Microsoft, Meta, TikTok, LinkedIn, or any other ad platform.
• Run any form of cookie stuffing, link cloaking that conceals the affiliate relationship, browser-extension popups, or other deceptive attribution tactics.
• Spam, send unsolicited bulk email, or send commercial messages in violation of CAN-SPAM, CASL, or any other applicable anti-spam law.
• Promote Cyborg on adult, gambling, illegal-product, hate-speech, or otherwise reputationally damaging surfaces.
• Use the Cyborg brand assets, copy, or screenshots in any way except as permitted by the official promotional asset kit issued to you on approval.
• Resell, sub-affiliate, or assign your affiliate account or referral link to any third party.
• Reverse engineer, scrape, or attempt to extract data from the Cyborg site or AI tools.
• Provide cash-back, rebates, or other monetary inducements to prospects in exchange for using your referral link.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Cyborg name, logo, and approved marketing assets solely for the purpose of promoting Cyborg under this Agreement, and only as provided in the promotional asset kit issued to you on approval. We may revoke this license at any time. You may not modify the Cyborg marks or use them in any way that disparages Cyborg or implies a partnership beyond the affiliate relationship.

This Agreement begins on the date your application is approved and continues until terminated by either party. Either party may terminate this Agreement for any reason, with or without cause, on thirty (30) days’ written notice. We may terminate immediately if we believe you have violated this Agreement, the Affiliate Disclosure Policy, our Terms & Conditions, or any applicable law.

On termination, your right to use the Cyborg marks and promotional assets ends immediately. You must remove all Cyborg references from your active promotional surfaces within fifteen (15) days. We will pay out any commission balance you have earned through the date of termination, subject to the minimum payout threshold and the standard clearing window. We are not obligated to pay commissions on referrals submitted after termination.

Information shared with you about Cyborg’s business, pricing, customers, product roadmap, technology, or affiliate-program performance is confidential. You may use it only to perform under this Agreement and must not disclose it to any third party or use it for any other purpose without our prior written consent.

You are an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship. You have no authority to bind Cyborg or make representations on Cyborg’s behalf.

The affiliate program is provided on an “as is” basis. We make no warranty about the volume of referrals you will receive, the conversion rate of those referrals, the earnings you will generate, the continued availability of any specific Cyborg product, or the continued operation of the affiliate program. To the maximum extent permitted by law, our total cumulative liability under this Agreement is limited to the commission earned by you in the twelve months immediately preceding the event giving rise to the claim.

We may update this Agreement from time to time. Updates take effect thirty (30) days after notice is sent to your affiliate email address on file. Your continued participation in the program after the effective date constitutes acceptance of the updated terms.

We reserve the right to modify the program terms, commission structures, and payout tiers at any time, with notice to active affiliates. Such changes are forward-looking and do not affect commissions already credited to your account.

This Agreement is governed by the laws of the State of Idaho, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Ada County, Idaho.

Questions about this Agreement can be sent to legal@cyborg.marketing, or by mail to Cyborg Marketing LLC, 784 S. Clearwater Loop, STE B, Post Falls, ID 83854, USA.