Affiliate Program Agreement

1. Eligibility

To participate in the Presencia Affiliate Program, you must:

• Be at least 18 years of age;
• Have a valid, active Presencia account;
• Complete onboarding and provide accurate personal information, including your legal full name and a verified Stripe Connect account for payouts;
• Reside in a jurisdiction where participation in this program is lawful;
• Agree to and abide by all terms of this Agreement and the Presencia Terms of Service.

Presencia reserves the right to accept or reject any Affiliate application at its sole discretion and to suspend or terminate any Affiliate account for violation of this Agreement.

3. Affiliate Program Overview

The Presencia Affiliate Program allows approved Affiliates to earn commissions by referring new paying customers to Presencia. Participation is free. There is no purchase required to join the program.

Each Affiliate receives a unique referral link (e.g., presencia.dev/signup?ref=YOURCODE). When a person clicks your referral link, signs up for Presencia, and becomes a paying customer, you earn a commission as described in Section 4.

4. Commission Structure

5. Payment Terms

• Commissions are calculated based on actual amounts received by Presencia from referred customers (net of any payment processor fees at our discretion).
• Commissions are paid monthly, on or around the 1st of each calendar month, for all commissions earned in the prior calendar month.
• Payouts require a minimum balance of $1.00 USD. Balances below this threshold roll forward to the next payment cycle.
• All payouts are made via Stripe Connect direct transfer to your connected bank account. You must complete Stripe Connect Express onboarding and maintain a valid, active payout account. Presencia is not responsible for delays caused by your Stripe account status.
• Commissions are reversed or forfeited if the underlying customer subscription is refunded, charged back, or otherwise reversed. Presencia reserves the right to withhold payment pending fraud investigation.
• Commissions earned from customers who were fraudulently or deceptively referred (e.g., self-referrals, fake accounts, or referrals obtained through prohibited conduct) will be forfeited and may result in termination of your Affiliate account.
• Self-referrals are strictly prohibited. You may not use your own referral link to sign up for Presencia or to refer anyone in your own household.

6. FTC Disclosure Requirements

You are required to comply with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials (16 C.F.R. Part 255) and all applicable FTC guidelines. Specifically, you must:

• Clearly and conspicuously disclose your material connection to Presencia in any promotional content, including but not limited to social media posts, videos, blog articles, emails, and advertisements. Acceptable disclosures include: "I earn a commission if you sign up through my link," "#ad," "#sponsored," or "Affiliate link";
• Disclosure must appear before or alongside the referral link, not buried at the end of content or in footnotes;
• You may not imply that you are a Presencia employee, spokesperson, or that your endorsement is unpaid unless that is truthfully the case.

Failure to comply with FTC disclosure requirements is a material breach of this Agreement and may result in immediate termination without payment of outstanding commissions.

7. Prohibited Conduct and Anti-Misrepresentation

You agree that in connection with your promotion of Presencia, you will not:

• Misrepresent the Service. You may not make false, misleading, or unsubstantiated claims about Presencia's features, pricing, performance, or results. All promotional claims must be truthful, accurate, and consistent with Presencia's official marketing materials;
• Guarantee income or results. You may not represent that Presencia will generate a specific or guaranteed amount of business, revenue, leads, or bookings for referred customers. Results vary by business type, market, and effort;
• Make income-in-affiliate claims. You may not guarantee that any individual who joins the affiliate program will earn a specific income. Affiliate earnings depend entirely on individual referral activity;
• Use spam or unsolicited outreach. You may not send unsolicited bulk emails, text messages, or private messages promoting your referral link. All outreach must comply with the CAN-SPAM Act (15 U.S.C. § 7701) and applicable anti-spam laws;
• Use deceptive advertising. You may not use misleading headlines, fake testimonials, manufactured scarcity, or false urgency in any promotional materials;
• Misuse Presencia branding. You may not use the Presencia name, logo, trademark, or other brand assets in any manner not expressly authorized in writing, including in domain names, social media handles, or paid search keywords that could cause customer confusion;
• Engage in cookie stuffing or other fraudulent referral practices;
• Promote Presencia on prohibited platforms including websites containing illegal content, hate speech, or content that violates Presencia's acceptable use standards.

Presencia reserves the right to monitor promotional activities for compliance and to request removal of non-compliant content. Violations may result in forfeiture of commissions, suspension, or termination of your Affiliate account.

8. Intellectual Property and Brand Usage

Subject to the restrictions in Section 7, Presencia grants you a limited, non-exclusive, revocable license to use the Presencia name and approved marketing materials solely for the purpose of promoting the Affiliate Program during the term of this Agreement. You must use only materials provided or expressly approved by Presencia.

Upon termination of this Agreement for any reason, your license to use Presencia's intellectual property is immediately revoked. You must promptly remove all Presencia branding from any materials you control.

9. Term and Termination

This Agreement begins on the date you electronically sign it and continues until terminated by either party.

• Termination by you: You may withdraw from the Affiliate Program at any time by contacting us via our Support page. Upon withdrawal, you will be paid any legitimate commissions earned through the termination date, subject to the minimum payout threshold.
• Termination by Presencia: We may suspend or terminate your Affiliate account at any time, with or without cause, and with or without notice. In the event of termination for cause (including any violation of this Agreement), Presencia reserves the right to forfeit unpaid commissions.
• Effect of termination: Upon termination, your referral link will be deactivated. You will no longer earn commissions on new referrals. Commissions on existing referred customers will be continued or terminated at Presencia's discretion depending on the reason for termination.
• Program discontinuation: Presencia may modify or discontinue the Affiliate Program at any time with thirty (30) days' notice. All earned, unpaid commissions as of the discontinuation date will be paid.

10. Tax Obligations

As an independent contractor, you are solely responsible for all taxes applicable to commissions you receive, including federal, state, and local income taxes and self-employment taxes.

Presencia will issue IRS Form 1099-NEC to Affiliates whose cumulative commissions paid in a calendar year equal or exceed $600 USD. You may be required to provide a completed IRS Form W-9 before receiving payouts. Failure to provide required tax information may result in withholding of payouts until the information is provided.

You agree to indemnify and hold Presencia harmless from any claims, penalties, or liabilities arising from your failure to report or pay applicable taxes on commissions received.

11. No Guarantees

Presencia makes no representation or guarantee that participation in the Affiliate Program will result in any particular level of income, commissions, or referrals. Affiliate earnings depend entirely on the individual's marketing efforts, audience, and the purchasing decisions of referred individuals. Past affiliate earnings are not indicative of future results.

12. Confidentiality

You may not disclose any confidential information you receive from Presencia in connection with this Agreement, including commission structures, internal pricing, system architecture, or business strategies, to any third party without Presencia's prior written consent.

13. Limitation of Liability

To the maximum extent permitted by law, Presencia's total liability to you under this Agreement shall not exceed the total commissions paid to you in the three (3) months preceding the claim. Presencia shall not be liable for any indirect, consequential, incidental, or punitive damages arising from your participation in the Affiliate Program, including loss of anticipated earnings.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law provisions. Any disputes arising from this Agreement shall be resolved pursuant to the dispute resolution provisions in Presencia's Terms of Service, including binding arbitration in the State of Florida.

15. Electronic Signature and Entire Agreement

By entering your legal full name and confirming acceptance in the Presencia dashboard, you are providing your legally binding electronic signature to this Agreement pursuant to the Florida Electronic Signature Act, Fla. Stat. § 668.50, and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001. Your electronic signature has the same legal force and effect as a handwritten signature.

Presencia records your legal name, the date and time of your acceptance, and your IP address as evidence of your agreement. This record is your binding acceptance of all terms herein.

This Agreement, together with the Presencia Terms of Service and Privacy Policy, constitutes the entire agreement between you and Presencia regarding the Affiliate Program and supersedes all prior agreements or understandings on the subject matter.

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