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Terms & Conditions For Affiliate Partners

This Affiliate Partnership Agreement (“Agreement”) is entered into by and between KD servicing LLC (“Agency,” “we,” or “us”) and the Affiliate (“Affiliate,” “you,” or “partner”). By participating in our Affiliate Program, you agree to the following terms and conditions.

1. Program Participation

  • Eligibility: You must be at least 18 years of age to participate in the Affiliate Program. By signing up, you confirm that you meet this age requirement.

  • Account Creation: To become an Affiliate, you must register on our Affiliate Platform and agree to the terms outlined in this Agreement. Upon approval, you will receive access to your affiliate dashboard and unique referral link.

  • Approval: [Your Agency Name] reserves the right to approve or deny Affiliate applications at our discretion. Affiliates who do not comply with our standards or guidelines may be removed from the program.

2. Referral Process

  • Referral Definition: A “Referral” is defined as either a Company Referral (businesses seeking recruitment services) or a Candidate Referral (individuals seeking employment) made through your unique referral link.

  • Successful Referral: A referral is deemed “successful” when:

    • Company Referral: The referred business signs a valid contract with KD Servicing for our recruitment services.

    • Candidate Referral: The referred candidate successfully subscribes to KD Servicing as a premium agent and pays the subscription fee

  • Tracking: All referrals must be tracked using the unique referral link provided to you. You will receive access to a dashboard that allows you to monitor clicks, conversions, and commissions earned.

3. Commissions & Payment

  • Commission Rates: Affiliates earn commissions based on the following structure:

    • For Client Referrals: 5% of the recruitment fee paid by the client after a successful placement.

    • For Candidate Referrals: A flat $25 for each candidate who is successfully placed.

  • Payment Schedule: Commissions will be paid on a weekly basis. Payments will be made via [PayPal/bank transfer/other] and processed within 3-5 business days after the referred candidate is subscribed.

  • Minimum Payment: There is no minimum payout threshold $25. If your commission balance is below this amount, payment will be rolled over to the next payment cycle.

4. Affiliate Obligations

  • Promotion Guidelines: Affiliates must promote the program in a manner consistent with our brand and ethics. You agree not to engage in any false or misleading advertising, nor will you make any claims about our services that we have not explicitly approved.

  • Compliance with Laws: Affiliates agree to comply with all applicable laws, including but not limited to the CAN-SPAM Act, GDPR (for EU affiliates), and advertising standards.

5. Prohibited Activities

You are prohibited from engaging in the following activities:

  • Spamming: You may not use spam techniques to promote our services. This includes unsolicited emails, bulk messages, or any form of intrusive marketing.

  • Misleading Referrals: You may not refer clients or candidates through false or deceptive means. All promotions should be truthful and transparent.

  • Self-Referral: You may not refer yourself or any business you are personally involved with (or own) to collect commissions.

6. Termination of Partnership

  • Termination by Either Party: Either party may terminate this agreement at any time, with or without cause, by providing written notice. Upon termination, you will no longer be eligible for commissions on new referrals.

  • Termination for Breach: We reserve the right to immediately terminate your participation in the Affiliate Program if we determine you have breached any terms of this Agreement, including unethical or illegal behavior.

  • Effect of Termination: Following termination, any outstanding commissions owed to you will be paid according to the payment schedule, provided they meet the criteria for a successful referral.

7. Intellectual Property

  • License to Use Materials: Upon approval as an Affiliate, we grant you a non-exclusive, non-transferable, revocable license to use our branding, logos, and promotional materials solely for the purpose of promoting our services.

  • Ownership: All intellectual property rights in the Agency’s materials, including website content, logos, and marketing collateral, remain with KD Servicing.

8. Privacy & Data Protection

  • Confidentiality: You agree to keep all client and candidate information, as well as any sensitive data you may receive access to during the course of your partnership, strictly confidential. You will not disclose or share this information without explicit written consent.

  • Data Compliance: If you are operating within regions governed by privacy laws (e.g., GDPR in the EU), you agree to comply with all relevant data protection regulations.

9. Limitation of Liability

  • Agency’s Liability: KD Servicing is not liable for any indirect, incidental, special, or consequential damages arising from your participation in the Affiliate Program, including but not limited to loss of revenue or business opportunities.

  • Affiliate’s Liability: You agree to indemnify and hold harmless KD Servicing from any claims, damages, or losses arising from your actions, including but not limited to advertising violations or breaches of this Agreement.

10. Miscellaneous

  • Amendments:KD Servicing reserves the right to update or modify these terms at any time. Any changes will be communicated to you, and your continued participation in the Affiliate Program constitutes your acceptance of the updated terms.

  • Governing Law: This Agreement will be governed by and construed in accordance with the laws of Texas. Any disputes arising under this Agreement will be resolved in the courts of Texas.

  • Entire Agreement: This Agreement constitutes the entire agreement between KD Servicing and the Affiliate, superseding all prior discussions, agreements, or understandings.

By joining our Affiliate Program, you acknowledge that you have read, understood, and agree to these terms and conditions. If you have any questions or need further clarification, please feel free to contact us at info@kdservicing.com

This sets up a clear, formal structure for your affiliate program while maintaining flexibility for the future. You can adjust specific details (like payment terms, commission rates, and legal jurisdictions) to suit your needs. Let me know if you’d like further customization or additional clauses!

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