Affiliate agreement

1 Independent affiliate

The Affiliate acts independently and is responsible for its own content, marketing channels, staff and contractors. It is not NeuroTracker's employee, clinical adviser or agent authorised to bind NeuroTracker. It cannot make commitments, collect customer payments, change prices or appoint sub-affiliates on NeuroTracker's behalf. Reselling or providing clinical services requires a separate agreement.

2 Accurate promotion

The Affiliate must follow applicable advertising, consumer protection, privacy and platform rules. Statements must be truthful, supported and fair in their overall impression, including headlines, pictures, testimonials, translations and spoken or automated replies. The Affiliate must not use fabricated reviews, false endorsements, unlawful messaging, misleading discounts, unauthorised coupons, self-referrals or manipulated tracking.

The Affiliate may use NeuroTracker's current approved materials within their stated scope, and describe verified product features and genuine personal experience. New claims about benefits, research findings, comparisons, regulatory status or customer outcomes require NeuroTracker's written approval of the complete promotion before publication. Approval of one use does not cover a materially different context. Silence is not approval.

3 Claims boundaries

Under this agreement, the Affiliate must not promise guaranteed results, describe benefits as proven, claim that NeuroTracker diagnoses, treats, cures or prevents a condition, or advise changing treatment or returning to sport. It must not claim regulatory approval or professional or team endorsement without verified wording expressly supplied for that use. Any authorised medical promotion requires a separate written scope following regulatory review.

The Affiliate must consider what the audience will understand and whether evidence supports that exact message. Adding words such as may or helps, quoting a testimonial, or adding a disclaimer does not make an unsupported claim acceptable. For example, describing the tracking exercise is different from promising ADHD benefits; improvement in a task score does not establish improved everyday ability. These rules apply equally to private messages, videos, live conversations and AI-generated content.

4 Disclosures and branding

The Affiliate must clearly disclose its advertising relationship, commissions and relevant free products or access where the audience encounters a recommendation. An example is: “Ad — I may earn a commission if you purchase through this link.” Video and audio promotions must include an appropriate disclosure within the content.

NeuroTracker grants a limited, revocable licence to use supplied branding for the approved promotion. The Affiliate must not impersonate NeuroTracker, register confusing accounts or domains, use unauthorised third-party logos or imply an endorsement that does not exist. Ownership of branding remains with its rights holder.

5 Correction and suspension

NeuroTracker may immediately suspend referral links, coupons, managed placements and new promotional activity on reasonable grounds to suspect misleading claims, fraud, unlawful conduct, consumer harm or a material breach. It will promptly explain the reason unless legally prevented and review relevant evidence provided by the Affiliate. It may inspect programme-related promotions and request relevant compliance records.

On receiving a stop or correction notice, the Affiliate must stop the affected promotion immediately and remove or correct content it controls within 24 hours, or sooner if legally required. It must promptly request removal from third parties it used and confirm its actions. Disabling a referral link alone does not remove misleading content. The Affiliate must promptly notify NeuroTracker of serious complaints, safety concerns and regulatory notices relating to its promotion.

6 Commissions and payment

Commission is 25% of eligible attributed net subscription revenue. The rate increases permanently to 30% after $3,000 in attributed net sales in one calendar quarter, and to 35% after $9,000 in one calendar quarter. Dollar amounts are in [CURRENCY]. The higher rate applies prospectively once the qualifying threshold is reached, including eligible renewals; earlier revenue is not repriced. Changes for future referrals are permitted only under clause 10.

Commission continues for the eligible life of each legitimately attributed active subscription. Net revenue means subscription revenue actually collected, less genuine discounts, refunds, chargebacks and transaction taxes. Fraudulent, fabricated or otherwise prohibited transactions earn no commission. Attribution must follow the programme rules disclosed to the Affiliate before activation, as amended only under clause 10. NeuroTracker must explain disputed exclusions or corrections and consider relevant contrary evidence.

Commission remains pending until payment has been collected and the refund or cancellation period applicable to that payment has expired under the customer terms in force when it was made and applicable law. An outstanding refund request, chargeback or documented transaction dispute keeps only the affected commission pending until reasonably resolved. If the transaction remains eligible after these checks, its commission becomes approved. The applicable period is assessed for each payment; this does not automatically create a new refund window for every renewal.

Only approved payable commission counts toward the $300 minimum. Payments are quarterly; sums still pending at a payout date move to a later quarterly payment once approved and the minimum is met. Smaller approved balances carry forward. NeuroTracker must explain material holds and consider relevant evidence from the Affiliate; unrelated undisputed approved commission remains payable.

A valid later refund, chargeback or finding that a transaction was ineligible may reverse the corresponding commission even after approval or payment. Partial refunds produce a proportionate reversal. If already paid, NeuroTracker may recover that amount from future commissions or request repayment on reasonable written notice, with an itemised explanation and an opportunity to dispute the adjustment. No amount may be recovered twice.

Valid existing subscription commission survives inactivity, suspension, termination and closure of the programme to new referrals, subject to the transaction-specific adjustments above. There is no automatic 12-month cut-off. After all continuing entitlements and genuine adjustments end, the remaining approved balance is paid at the next quarterly payment date even if below $300.

7 Termination

NeuroTracker may terminate this agreement without cause and without providing a reason on at least 14 calendar days' notice by email under clause 10, subject to any mandatory legal requirements. The Affiliate may terminate on 30 days' notice by email, or sooner in response to a commercial change under clause 10. NeuroTracker may terminate immediately for serious, deliberate or repeated breach, fraud or unlawful promotion. For another remediable material breach, the party in breach has 10 business days after written notice to correct it. Suspension may continue while a breach is assessed or corrected.

When the appointment ends, the Affiliate must stop new promotion, remove programme links and licensed branding from controlled material, and stop representing an ongoing affiliation. This does not erase the payment rights in clause 6. Any change to existing commission rights requires an express lawful agreement, not a unilateral website update.

8 Responsibility and indemnity

As between the parties, the Affiliate is responsible for its unauthorised statements and marketing conduct. To the extent permitted by law, it will indemnify NeuroTracker against third-party claims, liabilities and reasonable defence costs to the extent caused by the Affiliate's misleading or unlawful promotion, intellectual-property infringement, negligence or breach of this agreement. This excludes the extent caused by NeuroTracker's own fault or unaltered materials used exactly as expressly approved. Regulatory penalties are covered only where law permits.

NeuroTracker must promptly notify the Affiliate of a claim, take reasonable steps to limit loss and provide reasonable cooperation. The Affiliate may conduct the defence with competent counsel, subject to conflicts and NeuroTracker's reasonable participation. No settlement may admit NeuroTracker's fault or impose obligations on it without its consent. Neither party may recover the same loss twice. Nothing excludes liability or rights that cannot lawfully be excluded, or restricts a regulator or third party.

9 Data and confidentiality

The Affiliate must lawfully handle personal information, respect required consent and objections, and protect non-public information received from NeuroTracker. It must not collect customer payment credentials or medical records for referrals. Confidential information may be used only for this relationship, with exceptions for lawfully public or independently obtained information, professional advice and legally required or protected disclosures. Honest reviews and lawful complaints are not prohibited.

10 Agreement and acceptance

This agreement is the entire agreement on the affiliate appointment, subject to any signed amendment and previously accrued rights. Ordinary updates to promotional standards may be notified in writing; urgent compliance restrictions apply immediately.

Subject to mandatory law, NeuroTracker may change commission rates, tier thresholds, attribution rules and payout terms for referrals first attributed on or after a stated effective date, by giving at least 30 calendar days' email notice under this clause. The notice must explain the changes and include the revised terms. No further acceptance is required for a change within this agreed power unless mandatory law requires it; a website update alone is insufficient.

Changes do not affect accrued commissions or referrals first attributed before the effective date, including purchases within their existing attribution window and subsequent eligible subscription renewals. Their existing commission rates, earned tiers, tier-progression and payout rules continue, subject to clause 6's transaction-specific adjustments. The Affiliate may stop participating and terminate by email before the change takes effect, without the usual 30-day notice period or a termination charge. Any other economic change requires express lawful agreement.

Written notice includes email to the notice address in this agreement or the Affiliate's acceptance record or its latest notified replacement; no paper letter is required. Notice takes effect on delivery to that email system, subject to mandatory law. The sender must retain delivery evidence and use another confirmed method if delivery fails. Each party must keep its notice address current. A termination email must state its effective date and give the required notice period, except for the Affiliate's right to leave before a commercial change under this clause.

The governing law and competent courts are [GOVERNING LAW AND COURTS], subject to mandatory applicable law and language requirements. Invalid provisions do not invalidate the remainder to the extent lawful. A failure to enforce a provision is not a waiver. Payment, confidentiality, correction and indemnity obligations survive where necessary. Electronic acceptance is permitted where lawful, with the accepted version and date retained and a copy available in the affiliate account.