Affiliate Program Terms of Service

Last updated: [March 21, 2024]

These Caption Queen Affiliate Program Terms of Service (“Agreement”) are a binding legal agreement between AI Mindset, LLC d/b/a Caption Queen (“Caption Queen”, “Company”, “we”, “us”) and you (“Affiliate”, “you”).

By applying to or participating in the Caption Queen Affiliate Program (“Program”), you agree to be bound by this Agreement and all policies referenced in it. If you do not agree, do not join or participate in the Program.

1. Enrollment & Eligibility

1.1 Eligibility.
You must:

• Be at least 18 years old (or the age of majority in your jurisdiction, if higher);
• Have the legal capacity and authority to enter into this Agreement on your own behalf or on behalf of your business; and
• Operate a website, social media presence, email list or other promotional channel that complies with all applicable laws and this Agreement.

1.2 Application.
You enroll by submitting an application through our affiliate platform or other method we provide. We may approve or reject any application in our sole discretion, for any lawful reason or no reason.

1.3 Ongoing Compliance.
Your continued participation is conditioned on your ongoing compliance with this Agreement, our brand guidelines, and any Program policies we publish from time to time.

2. License & Rights Granted

2.1 Non-exclusive license.
While you are an Affiliate in good standing, we grant you a limited, revocable, non-exclusive, non-transferable license to:

• Use our approved affiliate links, banners, creatives and other promotional materials (“Program Materials”); and
• Place those Program Materials on your website, social profiles, email campaigns and other channels you control, solely to promote CaptionQueen.com and our approved products/services.

2.2 Restrictions.
You may not:

• Alter Program Materials except as expressly permitted in writing by us;
• Use our trademarks, logos, or brand elements in a way that suggests you are us, endorsed by us, or officially speaking on our behalf;
• Register or use domain names, social handles or ads that are confusingly similar to “Caption Queen”, “CaptionQueen.com”, “AI Mindset”, or any of our brands;
• Sell, license, loan, or otherwise transfer Program Materials or your Program account to any third party.

2.3 Termination of license.
This license automatically ends when:

• Your participation in the Program is terminated (by you or us); or
• You breach this Agreement.

When that happens, you must immediately remove all Program Materials and affiliate links from your channels.

3. Your Responsibilities & Warranties

By participating in the Program, you represent, warrant, and agree that:

3.1 Compliance with law.
You will comply with all applicable laws and regulations, including but not limited to:

• Advertising and consumer protection laws;
• Data privacy laws;
• Email marketing laws (e.g., CAN-SPAM or similar laws in your jurisdiction); and
• Any platform-specific policies (e.g., Meta, TikTok, X, OnlyFans, etc.).

3.2 No spam.
You will not use:

• Unsolicited bulk email (spam);
• Unsolicited direct messages;
• Unlawful or deceptive lead generation; or
• Any other abusive or harassing promotional methods

to promote Caption Queen or your affiliate links.

We have zero tolerance for spam. If we believe, in our sole discretion, that you engaged in spam or similar abusive conduct:

• Your participation may be immediately terminated;
• All unpaid commissions may be forfeited; and
• You may be barred from future participation.

3.3 Truthful & non-deceptive promotion.
You agree that:

• All statements you make about Caption Queen, our products, and potential earnings will be honest, accurate, and not misleading;
• You will not make income claims or “get rich quick” promises that are unrealistic or not supported by typical user experiences;
• Where required, you will include clear disclosures that you may receive a commission if someone purchases via your links (e.g., “This post contains affiliate links. I may earn a commission at no extra cost to you.”).

3.4 Prohibited content.
You will not promote Caption Queen or place our Program Materials:

• On any property that includes or promotes:
  • Illegal content or activities;
  • Content involving minors (including sexualized or suggestive depictions of persons under 18, or those who appear to be under 18);
  • Hate speech, threats, harassment, or incitement of violence;
  • Fraud, scams, hacking, or password trading;
  • Malware, viruses, or any destructive code.
• In a way that could reasonably be seen as:
  • Damaging to our brand or reputation;
  • Suggesting we endorse illegal, unsafe, or unethical behavior.

3.5 Independence.
You are an independent contractor and not our employee, partner, or agent. You are solely responsible for:

• Your own business operations and content;
• Your taxes and reporting obligations; and
• Any costs you incur in promoting Caption Queen.

3.6 KYC and tax information.
You agree to provide accurate and complete information we reasonably request to comply with:

• Know-Your-Customer (KYC) requirements; and
• Tax reporting obligations (e.g., W-9 for U.S. persons, W-8BEN for non-U.S. persons, or similar).

If you are:

• An individual: we may require government-issued ID and proof of address.
• A business entity: we may require formation documents, proof of beneficial ownership, and tax ID documentation.

Failure to provide required information may result in suspension, termination, and/or forfeiture of unpaid commissions.

3.7 Prohibited use of funds.
You agree that any commissions paid to you will not be used, directly or indirectly, to:

• Engage in or support money laundering;
• Engage in or support terrorism;
• Fund armed conflict or other illegal activity.

If we reasonably suspect funds are used for a prohibited purpose, we may terminate your account and withhold any unpaid amounts, subject to applicable law.

3.8 Good standing & termination.
You will remain in good standing only while you comply with this Agreement. If you breach any term:

• We may suspend or terminate your participation immediately; and
• You may lose eligibility for current and/or future commissions, as permitted by law.

4. Program Benefits & Commissions

4.1 Referral definition.
A “Referral” is a customer who:

1. Clicks on your unique affiliate link or approved tracking method;
2. Lands on our website; and
3. Purchases an eligible product/service during the applicable tracking window, as recorded by our affiliate platform.

We will determine, in our sole discretion, whether a customer meets the criteria to be counted as a Referral.

4.2 Commission structure.
Our standard commission structure is currently:

• 15% commission on qualifying sales;
• 20% commission for high-performing affiliates who meet criteria we define (for example, generating a certain number of sales or revenue in a given period).

We may update commission rates, tiers, or eligibility criteria from time to time. Any changes will apply prospectively and will be communicated via the affiliate dashboard, email, or another reasonable method.

4.3 Payment schedule.
Unless we state otherwise in the Program dashboard:

• Commissions are calculated for the periods 1st–15th and 16th–end of month;
• Payments are typically issued bi-monthly (e.g., around the 1st and 15th), subject to:
  • Minimum payout thresholds;
  • Clearance/hold periods; and
  • Chargeback or refund adjustments.

All payments are made in U.S. Dollars (USD) via the payment method(s) we make available. (Zelle, Wise, International Wire, or Check.) Please note there is a $45 International wire fee. Contact support to further discuss your payment options and their associated fees.

4.4 Refunds, chargebacks & fraudulent activity.
We may withhold or reverse commissions if:

• A transaction is refunded, charged back, disputed, or canceled;
• We suspect fraudulent, abusive, or high-risk activity (e.g., self-referrals, fake leads, stolen payment methods, abnormal chargeback patterns, “cookie stuffing”, script-generated traffic, etc.); or
• Traffic or sales are generated in violation of this Agreement.

We will determine, in our sole discretion, what constitutes potential fraud or abuse.

4.5 Non-transferable.
Your right to receive commissions:

• Is personal to you;
• May not be assigned, sold, or transferred without our prior written consent.

4.6 Program changes.
We may modify or discontinue any aspect of the Program (including commission rates and eligibility) at any time, in our sole discretion. If you do not agree with changes, your sole remedy is to end your participation.

5. Relationship of the Parties

5.1 Not a partnership.
Nothing in this Agreement creates:

• A partnership, joint venture, or franchise;
• An employer–employee relationship; or
• An agency relationship.

You may not represent that you are our employee, partner, or agent, or that you can bind us to any agreement.

5.2 Your content is your responsibility.
You are solely responsible for:

• The development, operation, and maintenance of your website, social media, and other channels;
• All content and materials that appear on your properties; and
• Any legal claims arising from your content or conduct.

We do not control, review, or approve your content, and we are not responsible for it.

6. Intellectual Property

6.1 Ownership.
All Program Materials and related intellectual property (including trademarks, logos, graphics, designs, and content) are owned by us or our licensors.

6.2 No implied rights.
Except for the limited license in Section 2, this Agreement does not give you any ownership or other rights in our intellectual property.

6.3 Brand protection.
You may not:

• Register or attempt to register any trademarks that are identical or confusingly similar to ours;
• Use our marks in paid search keywords where prohibited by our guidelines (e.g., bidding on “Caption Queen” in Google Ads, if we disallow it);
• Create ads or pages that impersonate or appear to be official Caption Queen properties.

7. Disclaimers

7.1 No guarantee of results.
We make no guarantees about:

• Your income or profitability;
• The number of Referrals you will generate; or
• The success of your business.

You understand that building and growing a business involves risk, and your results depend on your efforts, skills, and many factors beyond our control.

7.2 “As-is” materials.
The Program and Program Materials are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to:

• Warranties of merchantability;
• Fitness for a particular purpose; or
• Non-infringement.

We do not warrant that the Program will be uninterrupted, error-free, or free of defects.

8. Limitation of Liability

To the fullest extent permitted by law:

8.1 We will not be liable to you for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or goodwill;
• Business interruption or loss of opportunity

arising out of or related to this Agreement, the Program, or your participation in it, even if we have been advised of the possibility of such damages.

8.2 Our total cumulative liability to you for any claims arising out of or related to this Agreement or the Program will not exceed the greater of:

• USD $10, or
• The total commissions paid to you by us in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in those cases, our liability will be limited to the minimum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Caption Queen, AI Mindset, LLC, and our officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your participation in the Program;
• Your content, promotions, or marketing activities;
• Your breach of this Agreement; or
• Your violation of any law or third-party rights.

10. Term & Termination

10.1 Term.
This Agreement begins when you are accepted into the Program and continues until terminated by either party.

10.2 Termination by you.
You may terminate this Agreement at any time by:

• Notifying us in writing (e.g., via email to support@captionqueen.com); and
• Removing all affiliate links and Program Materials from your channels.

10.3 Termination by us.
We may suspend or terminate your participation in the Program at any time, with or without cause, and with or without notice, to the extent permitted by law.

10.4 Effect of termination.
Upon termination:

• Your license to use Program Materials ends immediately;
• You must remove all Program Materials and affiliate links;
• You will be entitled to any approved, unpaid commissions earned before the effective date of termination, subject to chargebacks, refunds, or fraud review;
• You will not earn commissions on any sales occurring after termination.

Sections that, by their nature, should survive termination (including but not limited to payment adjustments, IP, disclaimers, limitations of liability, indemnification, and dispute resolution) will continue to apply.

11. Modifications to this Agreement

We may update or modify this Agreement from time to time. When we do, we will update the “Last updated” date above and may notify you via email or the affiliate dashboard.

If you continue to participate in the Program after changes become effective, you are deemed to have accepted the updated Agreement. If you do not agree with any changes, you must stop participating and terminate your account.

12. Governing Law & Dispute Resolution

12.1 Governing law.
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

12.2 Informal resolution.
Before starting any formal legal action or arbitration, you agree to first attempt to resolve the dispute informally by contacting us at support@captionqueen.com and giving us at least 30 days to work toward resolution.

12.3 Arbitration.
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to this Agreement or the Program that cannot be resolved informally will be resolved by binding arbitration administered by [American Arbitration Association / other forum] in accordance with its rules.

• The arbitration will take place in Houston, Texas or via video conference, at our mutual election.
• The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class action waiver.
To the fullest extent permitted by law, disputes will be resolved only on an individual basis, and neither party will bring any claim as a plaintiff or class member in any purported class, consolidated, or representative action.

13. Miscellaneous

13.1 Entire agreement.
This Agreement constitutes the entire agreement between you and us regarding the Program and supersedes all prior or contemporaneous agreements and understandings, whether written or oral.

13.2 No waiver.
Our failure to enforce any provision of this Agreement does not waive our right to enforce it later.

13.3 Severability.
If any provision of this Agreement is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.4 Assignment.
You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement at any time.

13.5 Headings.
Headings are for convenience only and do not affect interpretation.

14. Acceptance

By clicking “Create Account,” “Apply,” or any similar button, or by participating in the Program, you:

• Confirm that you have read and understood this Agreement;
• Agree to be bound by its terms; and
• Represent that you are authorized to enter into this Agreement.