April 22, 2025
v 1.0
AttentionGrab Affiliate Partnership Agreement
Affiliates earn 30% commissions promoting AttentionGrab’s AI-powered marketing tools. Clear terms ensure responsible marketing, timely biweekly payouts, and full user content ownership.
🤝 Affiliate Partnership Agreement Summary TL;DR:
This Agreement outlines terms for Affiliates promoting AttentionGrab, an AI-driven content marketing platform owned by Income Outcome LLC (Wyoming). Affiliates earn 30% commission on user purchases via token-based transactions (no subscriptions or physical goods).
Affiliate Requirements:
Clearly disclose affiliate relationships.
Promote AttentionGrab responsibly and ethically.
Avoid spam, misrepresentation, trademark misuse, or fraudulent activities.
Payments & Terms:
Commissions paid biweekly, subject to a 30-day referral cookie.
Refunds or cancellations reverse commissions earned.
Company retains rights to modify commission structure with notice.
Content Ownership & IP:
AttentionGrab retains ownership of platform, tools, and trademarks.
Affiliates retain ownership of original promotional content.
Users fully own all content created or paid for on AttentionGrab.
Compliance & Legal:
Affiliates must follow all laws and platform guidelines.
Misuse or disparagement can result in termination and withheld commissions.
Governed by Wyoming law; disputes may be addressed in Wyoming, Illinois, or Delaware courts.
Contact & Communication:
Questions: support@attentiongrab.io or visit attentiongrab.io/contact.
AttentionGrab Affiliate Partnership Agreement
Effective Date: April 22, 2025 (the date of Affiliate’s acceptance, or as otherwise specified).
Parties: This Affiliate Partnership Agreement (the “Agreement”) is entered into by and between Income Outcome LLC, doing business as AttentionGrab, a Wyoming limited liability company (agent address: 5830 E 2nd St, Ste 7000, Casper, WY 82609) (hereinafter “AttentionGrab” or “Company”), and the individual or entity that has applied or registered as an affiliate (“Affiliate” or “you”). By participating in the AttentionGrab Affiliate Program (“Program”), Affiliate agrees to the terms and conditions of this Agreement.
Definitions
For purposes of this Agreement, the following terms have the meanings given:
Platform: The AttentionGrab online content marketing platform (accessible at attentiongrab.io) which allows users to purchase tokens to generate content (text, images, videos, campaigns, etc.). The Platform sells only digital services (token credits for content generation); no physical goods are sold and there are no subscription payment plans.
Tokens: Units of value sold by Company that users can purchase and redeem on the Platform for generating content.
Affiliate Program (or “Program”): The marketing partnership program operated by Company through which approved Affiliates promote the Platform and receive commissions for Qualifying Purchases by Referred Users under the terms herein.
Affiliate Account: The account issued to Affiliate upon acceptance into the Program, which provides access to the Affiliate Dashboard, unique referral links, and performance and payout information.
Referral Link: A URL or code provided by Company to Affiliate to track the referral of users to the Platform. When a user uses this link to sign up, a tracking cookie (valid for 30 days) is set to attribute that user to the Affiliate .
Referred User: A new user who accesses the Platform via Affiliate’s Referral Link within the tracking cookie window and who is not already an existing customer of AttentionGrab.
Qualifying Purchase: A purchase of Tokens on the Platform by a Referred User that is successfully completed and not fraudulent or refunded. Commissions are only earned on actual revenue from paying users .
Commission: The fee earned by Affiliate for each Qualifying Purchase by a Referred User, calculated as a percentage of the revenue from that purchase. Under the current Program terms, the Commission rate is thirty percent (30%) of the purchase amount .
Enrollment and Eligibility
Application and Acceptance: To join the Program, Affiliate must submit a complete and accurate application through the AttentionGrab website or other sign-up method provided by Company. Company reserves the right to approve or reject any Affiliate application in its sole discretion. You must agree to this Agreement as part of the application process. Participation in the Program is void where prohibited by law.
Affiliate Eligibility: Affiliate represents that they are at least 18 years of age and, if an entity, duly organized and in good standing. Affiliate must provide true and complete information (including payment details and tax information) and update such information as needed to keep it current. Failure to provide accurate information may result in rejection or termination of Affiliate’s participation.
Acceptance into Program: Upon acceptance into the Program, Affiliate will be provided an Affiliate Account and Referral Link. Affiliate’s acceptance into the Program and continued participation is conditional upon ongoing compliance with this Agreement. Company may revoke Affiliate’s participation at any time if Affiliate is found to violate any term of this Agreement or for any other reason in Company’s discretion.
Affiliate Responsibilities and Conduct
Affiliate agrees to uphold the highest standards of ethics and professionalism in promoting AttentionGrab. The following are conditions and expectations for Affiliate’s conduct:
Compliance with Laws: Affiliate shall comply with all applicable laws and regulations in the jurisdictions where they operate and where content is published, including but not limited to advertising laws, intellectual property laws, data privacy laws, and the U.S. Federal Trade Commission (FTC) guidelines on endorsements. Affiliate is responsible for ensuring that all marketing communications (e.g., blog posts, social media posts, emails) include any legally required disclosures, such as stating that Affiliate may earn a commission (for example, a clear statement like “This post contains affiliate links and I may receive a commission if you make a purchase”).
Permissible Promotional Methods: Affiliate may promote AttentionGrab via websites, blogs, social media, video platforms, email newsletters, and other legitimate channels, provided that Affiliate clearly represents themselves and does not mislead users. All marketing materials must honestly represent AttentionGrab’s Platform and services. Affiliate may use any official marketing assets provided by Company (such as logos, banners, and content) in accordance with any guidelines given. Creative content produced by Affiliate must be respectful and factual regarding the Platform’s features and benefits.
Prohibited Conduct: Affiliate shall NOT engage in any marketing or behavior that is illegal, unethical, or damaging to the AttentionGrab brand, including but not limited to:
Spam: Sending unsolicited bulk emails, messages, or other forms of spam is strictly prohibited. All email marketing must be to users who have willingly opted-in to Affiliate’s communications.
Misrepresentation: Affiliate must not make false or misleading claims about the Platform. Do not claim features or results that AttentionGrab does not provide. Affiliate shall not misrepresent themselves as an employee or agent of Company (Affiliate is an independent third-party).
Inappropriate Content: Affiliate’s websites, postings, or communications must not contain any offensive, harassing, obscene, pornographic, violent, or hate-oriented content, or any other content that could tarnish the reputation of Company. Affiliate may not place Referral Links on sites that promote illegal activities or on any site likely to bring disrepute to Company.
Trademark Bidding and Domain Use: Unless expressly permitted by Company in writing, Affiliate will not bid on keywords including Company’s trademarks (e.g., “AttentionGrab”) in search engine marketing (pay-per-click ads). Affiliate also will not register or use any domain name, social media handle, or advertisement that includes or is confusingly similar to “AttentionGrab” or Company’s other trademarks, nor engage in any practice that misleads users into believing Affiliate’s site or offer is made by Company.
Cookie Stuffing & Redirects: Affiliate must not engage in cookie stuffing, forced clicks, or use hidden iframes or automatic redirection of users to set affiliate cookies without the user’s conscious action (the user must knowingly click an Affiliate’s link).
Fraudulent or Self-Referrals: Affiliate shall not attempt to earn commissions on their own purchases or through self-referral. Creating fake user accounts or making fraudulent purchases to generate commissions is prohibited. Company’s tracking systems and audits will monitor for fraudulent behavior , and any form of gaming or abusing the Program (including colluding with referred users to exploit refund policies) is grounds for termination.
Unauthorized Incentives: Affiliate shall not offer any unauthorized incentives (financial or otherwise) to entice users to click on Referral Links or complete purchases. This includes offering any form of rebate, cashback, or discount not provided by Company, or sharing of Affiliate’s commission with Referred Users, without Company’s prior written approval. Affiliate also shall not interfere with Company’s relationship with users; for example, Affiliate may not discourage a Referred User from seeking a refund from Company or make any side-agreement with a user to retain a commission.
Other Improper Practices: Affiliate will not scrape or harvest any personal data from the Platform or any third-party websites, and will not use malware, adware, or any intrusive software in promoting the Referral Link. Affiliate will not frame or mirror the Company’s website, nor display it in an altered form, nor engage in any activities that violate any rights of Company or any third party.
Brand Guidelines: Affiliate must use Company’s name, logos, and any marketing materials in accordance with Company’s brand standards (as provided or made available). Any use of AttentionGrab’s trademarks must be solely for the purpose of promoting the Platform under this Agreement. Affiliate must not alter or distort the trademarks or use them in a disparaging or misleading way.
No Disparagement: Affiliate shall not make any false, misleading, or disparaging statements about Company, the Platform, the Program, or any of Company’s products, services, or personnel. This obligation applies during and after the term of this Agreement. If Affiliate has concerns or disputes (for example, about commission calculations or a situation involving a refund that affects Affiliate’s commission), Affiliate agrees to address these issues with Company through the official communication channels (such as support@attentiongrab.io) rather than airing grievances publicly. Any public disparagement by Affiliate of Company or its policies can result in immediate termination of Affiliate’s participation (and forfeiture of any pending commissions), in addition to any other remedies available to Company.
Commission Structure and Payment Terms
Commission Rate: For each Qualifying Purchase by a Referred User, Company shall pay Affiliate a commission equal to thirty percent (30%) of the net revenue received from the utilization of purchased token credits. Commissions are earned only when the purchased token credits are actively used by the Referred User on the Platform, not merely upon the purchase itself. For clarity, if a user purchases $100 worth of tokens and uses $30 worth within a given biweekly payout period, Affiliate shall be paid a commission of $9 for that period. When the remaining $70 worth of tokens is utilized in subsequent periods, the corresponding commission of $21 will be paid to the Affiliate in those respective payout periods. No commission is earned for user sign-ups without a purchase or for any free credits or trial usage. This commission structure aligns with AttentionGrab’s Terms of Use refund policy and ensures clear administrative processes.
Cookie Duration and Attribution: When a prospective user clicks the Affiliate’s Referral Link, a tracking cookie is placed for up to thirty (30) days. If that user registers and makes a Qualifying Purchase within 30 days of the initial click, they will be deemed a Referred User of that Affiliate. If the user does not purchase within that period, no commission will be earned (unless the user later returns through Affiliate’s Referral Link again, within a valid period). In the event a user clicks multiple affiliates’ links, the Program will attribute the commission to the last affiliate link clicked before the purchase (last-click attribution), provided the cookie was still active. The Program will not pay multiple affiliates for the same transaction.
Payout Schedule: Commissions are calculated and paid on a biweekly schedule (every two weeks). Company will tally the commissions earned by Affiliate during each payout period and will remit payment of all eligible commissions approximately every two weeks, typically within 15 days after the period ends (exact payout dates may be communicated via the Affiliate Dashboard or Program materials).
Payment Method: Company will pay commissions in U.S. Dollars (USD) via the payment method specified by Affiliate in their Affiliate Account (such as electronic bank transfer or other methods made available). Affiliate is responsible for providing accurate and up-to-date payout information. Any transaction fees or currency conversion costs charged by the payment provider will be deducted from Affiliate’s payout. Affiliate is solely responsible for any taxes, bank fees, or other charges in connection with receipt of commission payments.
Minimum Payout Threshold: Company may establish a minimum commission balance required for payout (for example, $100 USD). If Affiliate’s accrued commissions are below such threshold, the balance will roll over to the next payout cycle until the threshold is met. Any applicable minimum payout threshold will be communicated to Affiliate (e.g., in the Affiliate Dashboard or Program FAQs).
Refunds and Chargebacks: If a Referred User’s purchase is refunded, charged back, or canceled, any commission previously earned on that transaction will be invalidated. Company reserves the right to deduct the corresponding commission from Affiliate’s pending earnings or from the next scheduled payout . The Affiliate Dashboard will notify Affiliate of adjustments for refunds . In the event that a refund occurs after a commission has already been paid to Affiliate and there are insufficient new commissions to offset the deduction, Company may invoice Affiliate for the amount or carry the negative balance forward to subsequent payouts. These refund adjustments are made to prevent abuse of the Program’s commission system.
Monitoring and Adjustments: All commissions are subject to verification. Company reserves the right to withhold or adjust commissions for any transaction that is not a bona fide sale, that was made in violation of this Agreement, or that is suspected to be the result of fraud or misuse. Company’s tracking records and data will be the definitive basis for calculating commissions. If Affiliate believes there is a discrepancy in commission calculation, Affiliate should contact Company promptly and Company will review, but Company’s decision on tracking and payment will generally be final.
Promotional Period and Changes: The 30% commission rate and related terms are part of an initial promotional offer for the Program’s first year . Company reserves the right to change the commission rate, commission structure, cookie duration, or any other terms of the Program at any time in its discretion. Notably, after the first year of the Program, the commission rate or other terms may be revised or the Program may be terminated, even without prior notice . However, Affiliates who joined and actively participated during the initial promotional period will be grandfathered into the Program’s future terms to the extent possible: specifically, if the Program terms change, those Affiliates will continue to receive the 30% commission on purchases by their already Referred Users as long as those referred customers remain active on the Platform , or will receive equivalent favorable treatment under any new structure. Company will endeavor to provide notice of any material changes (via email or the Affiliate Dashboard), but it is ultimately Affiliate’s responsibility to review the current Agreement. Continued participation in the Program after any changes constitutes acceptance of the new terms. If Affiliate does not agree to a change, Affiliate should cease participation in the Program (including by removing Referral Links).
Intellectual Property and Limited License
Company’s Intellectual Property: All rights, title, and interest in and to the AttentionGrab Platform, website, services, and all associated intellectual property (including but not limited to software, content, trademarks, trade names, logos, slogans, and design materials) (collectively, “Company IP”) are and will remain the exclusive property of Company and its licensors. Nothing in this Agreement grants Affiliate any ownership of Company IP, and all use of Company IP by Affiliate shall inure to the benefit of Company.
License to Use Marks & Materials: Company grants to Affiliate a limited, non-exclusive, non-transferable, revocable license, for the term of this Agreement, to use the name “AttentionGrab” and other Company logos, trademarks, and marketing materials that Company may provide, solely for the purpose of legitimately promoting the Platform under this Program. This license is conditioned on compliance with Company’s guidelines: Affiliate shall use Company’s trademarks exactly as provided, in a positive and brand-appropriate manner. Affiliate shall not modify or misrepresent the marks. All goodwill arising from use of the Company’s marks by Affiliate shall accrue to Company. Upon termination of this Agreement or upon notice from Company, this license shall immediately terminate and Affiliate must cease all use of Company’s marks and materials.
Proprietary Tools: If Company provides Affiliate with access to any proprietary tools or platforms (such as an affiliate dashboard, APIs, or content creation tools) for use in promoting AttentionGrab, Affiliate is granted a limited right to use those tools only for the intended promotional purposes and in accordance with any additional terms provided. Affiliate shall not copy, reverse-engineer, disassemble, or attempt to derive the source code or underlying ideas or algorithms of any such tools. Affiliate shall not use the tools or any information obtained through them for any purpose outside the scope of this Program.
Affiliate’s Content: Affiliate retains ownership of any original content that Affiliate independently creates to promote AttentionGrab (e.g., blog posts, videos, reviews authored by Affiliate). Affiliate grants Company a non-exclusive, worldwide, royalty-free license to reference, link to, or publish excerpts of such content for the purpose of promoting the Program (for example, to list Affiliate as a participant or showcase Affiliate’s success stories), provided that Company gives appropriate credit to Affiliate. Affiliate represents that their promotional content will not infringe any third-party rights and that they have the right to grant the above license to Company.
User-Generated Content: The AttentionGrab Platform enables users (including those referred by Affiliate) to create content using AI tools. All user-generated content on the Platform is owned by the user who created it; Company does not claim ownership of users’ creations, and the uploading/creating user retains all intellectual property rights in their content. Affiliate does not obtain any ownership or rights to content created by any other user, including Referred Users, by virtue of referring them or by promoting such content. If Affiliate wishes to use or share content created by someone else on the Platform (for example, showcasing a user’s generated image as a testimonial), Affiliate must ensure such use is permissible (either by the content being publicly available with permission or by obtaining consent from the owner). Where Affiliate reposts or uses another user’s content from the Platform, Affiliate acquires no ownership rights in that content and must adhere to any usage terms set by the content’s owner or the Platform.
No Other IP Rights: Except for the limited license expressly provided above, Affiliate is not granted any license or rights to Company’s intellectual property or to any other content or material. Company reserves all rights not expressly granted in this Agreement. Affiliate agrees not to do anything inconsistent with Company’s ownership of its intellectual property. This includes refraining from registering or attempting to register any trademark, domain name, or social media account that is identical or confusingly similar to Company’s trademarks.
Confidentiality and Data Privacy
Confidential Information: During the course of the Program, Affiliate may receive confidential or proprietary information relating to Company’s business, operations, technologies, or strategies, including future product or marketing plans, and information relating to the Program itself (e.g., details of conversion rates, business metrics, or non-public aspects of the commission structure). Affiliate agrees that all non-public information provided by Company is Company’s Confidential Information and will be kept strictly confidential and used only for the purposes of Affiliate’s participation in the Program. Affiliate shall not disclose any Confidential Information to any third party without Company’s prior written consent, except as required by law (and in such case with prior notice to Company, if lawful). This confidentiality obligation survives termination of this Agreement.
Privacy of User Data: Company will handle all user data (including data about Referred Users) in accordance with its Privacy Policy. Affiliate will generally not have access to any personal data of Referred Users; the Affiliate Dashboard will provide only aggregated performance data such as clicks, conversions, and commission amounts . Company may, in certain cases, share limited information about referred transactions with Affiliate for verification and record-keeping, but this will not include sensitive personal details. Affiliate agrees to use any such information solely for performance tracking and not to disclose it or use it for any other purpose.
Affiliate’s Data and Privacy: Company may collect certain information from Affiliate during Program signup and participation (such as contact information, social media or website URLs, taxpayer identification details, and payment information). This information will be used by Company for Program administration and compliance. Company will protect Affiliate’s personal information in accordance with its Privacy Policy and applicable laws. By joining the Program, Affiliate consents to such collection and use of their information. Affiliate also agrees to comply with any privacy or data protection laws applicable to their own operations. If Affiliate collects personal information from individuals (e.g., through a mailing list used to promote the Referral Link), Affiliate is solely responsible for compliance with those data protection obligations (for example, obtaining consent and providing necessary disclosures).
Data Security: Affiliate shall take reasonable measures to secure any data or information relating to the Program that is stored or processed on Affiliate’s side. This includes keeping login credentials to the Affiliate Account secure and not sharing them. If Affiliate suspects any data breach or unauthorized access involving the Program (such as someone compromising their Affiliate Account or Referral Link), Affiliate must immediately notify Company.
Term and Termination
Term: This Agreement becomes effective as of the date Affiliate is accepted into the Program and continues until terminated as provided below.
Voluntary Termination: Either party may terminate this Agreement at any time, with or without cause. Affiliate may cancel their participation by providing written notice to Company (such as an email to support@attentiongrab.io or via any Program interface that allows cancellation). Company may terminate Affiliate’s participation by sending a termination notice to Affiliate’s email on file or via the Affiliate Dashboard. Termination is effective immediately upon notice, unless a later effective date is specified in the notice.
Termination for Breach: Company reserves the right to terminate this Agreement and Affiliate’s participation in the Program immediately upon notice if Affiliate breaches any provision of this Agreement or if Company determines, in its sole judgment, that Affiliate’s continued participation could result in legal exposure or harm to Company’s reputation or business. If the breach is curable and not due to fraud or unlawful activity, Company may provide Affiliate a brief period to cure the breach before termination at Company’s discretion. However, Company is not required to do so.
Effect of Termination: Upon termination of this Agreement for any reason:
Affiliate must immediately stop promoting the Platform and disable or remove any Referral Links from their websites or other channels (to the extent practicable).
Affiliate may no longer use Company’s trademarks, logos, or marketing materials, and must promptly remove them from Affiliate’s website or marketing content.
Any licenses granted under this Agreement will terminate (including the license to use Company’s marks or tools).
Affiliate will no longer earn commissions for any purchases made by users after the termination effective date. Any users who visit or sign up via Affiliate’s former Referral Links after termination will not be tracked or eligible for commissions.
Post-Termination Commissions: In general, any commissions that were properly earned by Affiliate up to the effective date of termination will remain payable per the regular payout schedule, even if the payment date occurs after termination, provided that the underlying purchases are not refunded or subject to chargeback. However, if Affiliate is terminated by Company due to Affiliate’s breach or misconduct, Company may withhold any unpaid commissions attributable to such misconduct (for example, commissions on fraudulent transactions) or, in severe cases, all unpaid commissions at the time of termination as damages. If the Program is terminated entirely by Company (for example, Company shuts down the Affiliate Program for all participants), Company will pay outstanding legitimate commissions earned by all Affiliates through the termination date, regardless of the amount (even if below a threshold), within a reasonable period.
Survival: Any provision of this Agreement that by its nature should survive termination (including but not limited to provisions on Confidentiality, Intellectual Property, Non-Disparagement, Indemnification, Governing Law, and Limitation of Liability) shall survive the termination of this Agreement.
Independent Contractor Relationship
Affiliate’s participation in the Program is as an independent contractor. Nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and Company. Affiliate has no authority to act on behalf of Company or to bind Company to any obligation, and Affiliate shall not represent themselves as having such authority.
Affiliate is solely responsible for all costs and expenses arising from their marketing activities. Affiliate shall not be treated as a Company employee for any purpose, and is not entitled to any of the benefits that Company provides to its employees. Affiliate is responsible for paying their own taxes on all income earned through the Program. Company may require Affiliate to provide appropriate tax documentation (such as IRS Form W-9 for U.S. affiliates or Form W-8BEN for non-U.S. affiliates) as a condition of receiving payouts, in accordance with U.S. tax law.
Nothing in this Agreement restricts Affiliate from engaging in other business activities or marketing programs, including affiliate programs for other products or services, as long as those do not violate Affiliate’s obligations under this Agreement (e.g., the confidentiality or non-disparagement clauses, or using Company’s Confidential Information in promoting a competitor). Similarly, Company may work with other affiliates and also independently pursue online or offline marketing through any method, which may be similar to or competitive with Affiliate’s methods.
Indemnification
Affiliate shall indemnify, defend, and hold harmless Company (Income Outcome LLC d/b/a AttentionGrab), its parent, subsidiaries, and affiliates, and their respective directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) Affiliate’s breach of this Agreement or violation of any applicable law, rule or regulation; (b) Affiliate’s negligence or willful misconduct in the course of performing under this Agreement; (c) Affiliate’s own website or marketing materials, including any content that infringes or misappropriates any intellectual property or privacy rights of a third party, or that is defamatory or otherwise injurious to a third party; or (d) any promise or representation made by Affiliate to any third party regarding Company or the Platform that is not authorized by Company.
Company will promptly notify Affiliate of any claim for which it seeks indemnification (provided that failure to promptly notify only relieves Affiliate of its indemnification obligations to the extent the delay prejudices the defense). Affiliate may assume control of the defense and settlement of any such claim, provided that Company may participate in the defense with counsel of its own choosing at its own expense, and further provided that Affiliate may not settle any claim in a manner that admits fault or liability on the part of Company or imposes any obligation on Company without Company’s prior written consent. If Affiliate does not promptly assume defense of a claim after notice, Company may assume control of the defense and Affiliate will be liable for all reasonable costs and settlements incurred. This indemnification obligation survives any termination of this Agreement.
Limitation of Liability; Disclaimers
No Special Damages: To the maximum extent permitted by law, in no event shall either party be liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or related to this Agreement or the Program (including, without limitation, damages for lost profits, lost revenue, loss of goodwill, or business interruption), even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.
Limitation of Liability: Company’s aggregate liability arising out of or related to this Agreement and the Program will not exceed the total amount of commissions paid or payable to Affiliate under this Agreement in the six (6) months immediately prior to the event giving rise to the claim. If no commissions have yet been paid, Company’s liability shall not exceed $100 USD. The existence of multiple claims will not enlarge this limit. This limitation applies to all causes of action, whether in contract, tort, negligence, strict liability, or otherwise.
Platform and Program Provided “As Is”: Affiliate understands that the Platform and the Affiliate Program are provided “as is” and “as available.” Company makes no warranty that the Platform or Referral Links will be error-free or uninterrupted, or that the tracking will always be accurate or that the Program will meet Affiliate’s expectations. Company expressly disclaims all warranties and conditions of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Success: Company makes no guarantee regarding the amount of commissions that Affiliate may earn or that any minimum number of referrals or conversions will occur. The success of Affiliate’s marketing efforts is dependent on factors outside Company’s control (such as Affiliate’s own marketing skill and the market demand). Affiliate has no remedy for Company’s decision to operate its business in any particular manner (for example, Company’s decisions on pricing, product features, or customer eligibility could impact conversion rates, and Affiliate understands those are business decisions within Company’s sole discretion).
Compliance and Risk Acknowledgement: Affiliate acknowledges that they have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement. Company does not guarantee that the Program or the Platform are permitted under any particular laws; Affiliate participates at their own risk and is responsible for compliance with local laws.
Some jurisdictions do not allow certain exclusions of warranties or limitations of liability. If such laws apply to this Agreement, some of the above disclaimers or limits may not apply to Affiliate to the extent prohibited by law. However, in all cases, Company’s liability will be limited to the greatest extent permitted by applicable law.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, excluding its conflict of laws principles. Affiliate agrees that by participating in the Program, they are transacting with Company in Wyoming.
Jurisdiction and Venue: Any dispute, claim, or controversy arising out of or relating to this Agreement or the Program that cannot be resolved amicably shall be brought in a court of competent jurisdiction. The parties agree that such legal actions may be initiated in (i) the state or federal courts located in the State of Wyoming, (ii) the courts of the State of Illinois, or (iii) the Delaware Court of Chancery (a court of equity in the State of Delaware), as appropriate. The choice of forum may be made by the party initiating the legal action; however, the parties agree to submit to the personal jurisdiction of any of these court systems and waive any objections to venue on the grounds of inconvenience or otherwise. In all cases, Wyoming law will govern the substantive issues of the dispute (unless preempted by applicable federal law).
Equitable Relief: Affiliate acknowledges that a breach of certain sections of this Agreement (such as misuse of Company’s intellectual property, breach of confidentiality, or violation of non-disparagement obligations) could result in irreparable harm to Company for which monetary damages may be inadequate. Accordingly, Company may seek injunctive relief or other equitable relief in any of the aforementioned courts (including the Delaware Court of Chancery for matters of equity) to prevent or restrain breaches of this Agreement, in addition to any other remedies available at law or in equity.
Legal Fees: In the event of any formal action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party.
Optional Arbitration or Mediation: At Company’s sole discretion, Company may offer or agree to resolve certain disputes through binding arbitration or mediation. However, unless both parties mutually agree in writing to submit a specific dispute to arbitration or mediation, any dispute will be resolved in court as specified above. Nothing in this Agreement requires either party to arbitrate or mediate disputes without such mutual agreement.
Notices and Communications
All notices or communications under this Agreement shall be in English and in writing. Company will communicate with Affiliate via the email address provided in Affiliate’s account or via postings in the Affiliate Dashboard (or via the AttentionGrab website) for general Program updates. Affiliate must ensure that a current and valid email address is on file and check it regularly.
Notices that are specific to Affiliate (such as notice of termination or a material change in terms) will be sent via email. It is Affiliate’s responsibility to ensure that emails from the attentiongrab.io domain are not filtered as spam. Official notices to Company should be sent via email to support@attentiongrab.io. For convenience, Affiliate may also use the contact form on the website (at https://www.attentiongrab.io/contact) for general questions or communications, but any formal notice (such as a legal notice of termination or breach) should be sent via email or certified mail.
Either party may change their notice address (email or physical) by giving notice to the other party in the manner described.
For physical correspondence or legal notices that must be delivered by mail or courier, the parties’ addresses are as follows:
Company’s mailing address: 5830 E 2nd St, Ste 7000, Casper, WY 82609, USA.
Affiliate’s mailing address: The address provided by Affiliate in their application or as updated through written notice to Company.
Mailed notices shall be deemed given when received by the recipient (as confirmed by delivery tracking or acknowledgment). Email notices shall be deemed received on the day sent, provided no bounce-back or error message is received (if sent outside of normal business hours, then on the next business day).
Miscellaneous
Entire Agreement: This Agreement (including any documents incorporated by reference, such as the AttentionGrab Terms of Use and Privacy Policy) constitutes the entire agreement between Affiliate and Company regarding the Affiliate Program. It supersedes all prior agreements, understandings, or communications (whether written or oral) regarding the subject matter. Affiliate acknowledges that no oral or written information or advice given by Company or any representative outside of this Agreement will create any warranty or representation, unless explicitly incorporated herein.
Amendments: Company may update or modify this Agreement at any time. Changes may include, for example, changes to commission rates, payout schedules, or Program rules. Company will notify Affiliates of material changes by email or by posting a notice in the Affiliate Dashboard or on Company’s website. It is Affiliate’s responsibility to review such communications. If a change is unacceptable to Affiliate, Affiliate’s only recourse is to terminate this Agreement. Continued participation in the Program following the effective date of the updated Agreement will constitute Affiliate’s acceptance of the changes.
No Waiver: No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy. A waiver of any provision will be effective only if in writing and signed by the party granting the waiver. A waiver of one breach shall not be a waiver of any other breach or of the same breach in the future.
Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent.
Assignment: Affiliate may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without Company’s prior written consent. Any attempted assignment in violation of the foregoing will be null and void. Company may assign or transfer this Agreement (or any rights/obligations hereunder) to any affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or as part of a transfer of the Affiliate Program to another entity. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Independent Investigation: Affiliate acknowledges that they have read this Agreement and agree to all its terms and conditions. Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Governing Language: The governing language of this Agreement is English. If this Agreement is translated into another language, the English version shall prevail to the extent of any inconsistency.
By applying to and participating in the AttentionGrab Affiliate Program, you, the Affiliate, acknowledge that you have read, understood, and agree to be bound by this Affiliate Partnership Agreement.
