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Agenxy Affiliate Partner Program Agreement

1. Introduction This Affiliate Partner Program Agreement ("Agreement") is entered into by and between Agenxy, a Danish company owned by Nimbus Nordic IT, VAT: DK44376075, with its principal place of business at Kochsgade 31D, Odense 5000 C, Denmark ("Company"), and ("Affiliate") that has registered to participate in the Agenxy Affiliate Partner Program ("Program"). This Agreement governs the terms and conditions of the Affiliate's participation in the Program.

2. Commission Structure

The Company shall pay the Affiliate a commission of fifty percent (50%) of the first month's subscription fee paid by each new customer referred by the Affiliate and who successfully subscribes to the Company's services.
The Company shall also pay the Affiliate a commission of twenty percent (20%) of the subscription fee paid by the referred customer for each subsequent month, for a maximum period of twelve (12) months or until the referred customer cancels their subscription, whichever occurs first.

3. Payment Terms

Commission payments will be made on a monthly basis via IBAN, SWIFT, or Stripe, as chosen by the Affiliate.
Payments will be processed at the end of each month following receipt of the subscription fee from the referred customer.
The Affiliate must submit an invoice to the Company to receive payment.

4. Marketing and Promotional Guidelines

The Affiliate may utilize the marketing and promotional materials provided by the Company.
Any marketing materials created by the Affiliate must be approved by the Company prior to use. Approval requests should be sent to affiliate@agenxy.io.
The Affiliate must not engage in deceptive practices, commit fraud, or harm the Company's brand reputation in any way.
The Affiliate must comply with all applicable laws, including those related to email marketing and anti-spam regulations.

5. Conflict of Interest and Non-Compete Clause

The Company reserves the right to terminate this Agreement if there is a reasonable belief that the Affiliate has a conflict of interest, including but not limited to being a direct or indirect owner, employee, or affiliate partner of another agency help tool.
The Affiliate agrees not to participate in any other affiliate program for competing agency help tools, or to start a similar program, for a period of one (1) year following the termination of their participation in the Agenxy Affiliate Program.
The Affiliate must not contact any referred customers with the intention of switching them to a competing product. Violation of this clause will result in a penalty of $10,000.

6. Reporting and Support

The Company will issue each Affiliate a Personal Affiliate Discount Code that must be used by referred customers to track and attribute commissions.
The Affiliate can request data on their registered signups at any time by emailing affiliate@agenxy.io.
The Company will provide support and guidance to Affiliates. Affiliates must forward any potential client questions not covered in the provided training materials to the Company.

7. Relationship and Liability

The Affiliate is an independent contractor and not an employee or agent of the Company.
The Affiliate must not represent themselves as an employee or agent of the Company.
The Company is not liable for any actions or omissions of the Affiliate.

8. Data Protection

The Affiliate must comply with the General Data Protection Regulation (GDPR) and any other applicable data protection laws.
The Affiliate must ensure that any personal data collected during the course of their marketing activities is handled in accordance with these regulations.

9. Termination

The Company reserves the right to terminate this Agreement at any time, for any reason, including but not limited to breaches of the conflict of interest and non-compete clauses, bad faith actions, deceptive practices, or fraud.
Upon termination, the Affiliate will be entitled to any commissions earned up to the date of termination but will no longer be authorized to promote the Company's services.

10. Modifications

The Company reserves the right to modify the terms of this Agreement at any time. Any changes will be communicated to the Affiliate at least one (1) month prior to taking effect.
If the Affiliate does not agree to the new terms, they may choose to terminate their participation in the Program, which will result in the termination of their affiliate status.

11. Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall first be resolved through arbitration, in accordance with the rules of the Danish Institute of Arbitration.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Denmark.
Any legal proceedings arising out of or in connection with this Agreement shall be brought in the courts of Copenhagen, Denmark.

13. Miscellaneous

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

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Signed by Yassin Ayoub
Signed On: August 6, 2024

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August 6, 2024 7:19 am CET

Agenxy Affiliate Partner Program Agreement Uploaded by Yassin Ayoub - yassin@nimbusnordic.dk IP 37.109.46.247