Affiliate / Referral Agreement

HM-LEGAL-008·Lead generation

Affiliate / Referral Agreement

Document ID: HM-LEGAL-008 Title: Affiliate / Referral Agreement Version: 1.0-draft Last updated: 2026-06-14 Publisher: Headshot Marketing Private Limited (Burdenoff Group) Canonical location: https://burdenoff.com/contracts/headshotmarketing/HM-LEGAL-008 Burdenoff Group Contract Registry — root at https://burdenoff.com/contracts (one subgroup per product). The contracts referenced in this document belong to the HeadshotMarketing subgroup at https://burdenoff.com/contracts/headshotmarketing/. Every referenced contract is identified by its Document ID (HM-LEGAL-### / HM-PRICING-###) and incorporated by reference.

Status: TEMPLATE / DRAFT Provider: Headshot Marketing Private Limited ("HeadshotMarketing") Counterparty: the individual or entity that registers for the HeadshotMarketing Affiliate Program ("Affiliate") Related document: HM-PRICING-AFFILIATE — Affiliate Revenue Guide

This Agreement governs Affiliate's participation in the HeadshotMarketing Affiliate Program. It is a lead-generation program — well suited to marketing influencers, marketing / future-of-work content creators, and business communities. It does not authorise Affiliate to resell, modify, or offer professional services for the Service — Partner / Reseller and SOW arrangements are governed by separate agreements.

1. Acceptance and eligibility

1.1 By submitting an Affiliate application and clicking "I accept", or by participating in the Program, Affiliate accepts this Agreement.

1.2 Affiliate must (a) be of legal contracting age in its jurisdiction (18+ in India), (b) maintain content/channel(s) that comply with this Agreement, (c) provide accurate billing/tax information, and (d) be approved by HeadshotMarketing. HeadshotMarketing may reject or remove leads at its sole discretion.

1.3 Affiliate may not enrol if it is an contact or agent of HeadshotMarketing, an existing Authorized Reseller for the same opportunity, or a sanctioned party.

2. Tracking and attribution

2.1 Each Affiliate is issued a unique tracking link / coupon. A referral is attributed to Affiliate when (a) a prospect clicks Affiliate's link and (b) signs up or purchases within the cookie window (default 45 days, modifiable by HeadshotMarketing at the affiliate platform level).

2.2 Last-touch attribution applies unless otherwise stated in the Program rules.

2.3 Affiliate must not (a) stuff cookies, (b) iframe HeadshotMarketing / HeadshotMarketing sites, (c) use misleading or unauthorised brand bidding on HeadshotMarketing / HeadshotMarketing trademarks, (d) bid on branded keywords on search engines, or (e) self-refer or refer immediate family / commonly controlled entities.

3. Rewards

3.1 Rewards are computed on collected Net Revenue in line with HM-PRICING-AFFILIATE — Affiliate Revenue Guide (per-plan percentages and caps for a defined first-period window). Enterprise, public-sector, dedicated tenant, reseller-led deals, and marketplace transaction fees are excluded from automatic affiliate payouts.

3.2 Rewards apply only to new End Customer accounts that pay valid Fees and remain active through the qualifying period (e.g., 30 days for self-serve plans), and are net of refunds, chargebacks and credits.

3.3 Affiliate is responsible for any taxes payable on its rewards, including GST (Indian Affiliates), TDS, income tax, and equivalents elsewhere. HeadshotMarketing may withhold tax as required by law (e.g., Section 194H / 194-O of the Income-tax Act, 1961 for Indian Affiliates).

3.4 Minimum payout threshold and payout cadence: typically $50 equivalent, paid monthly within 30 days of month-end, by the payout method selected on the affiliate platform. Below-threshold balances carry forward.

4. Affiliate obligations

Affiliate shall:

  • comply with applicable laws including consumer protection, advertising standards, anti-spam (CAN-SPAM, GDPR e-Privacy, India TRAI UCC Regulations), and tax;
  • disclose its affiliate relationship in published content as required by applicable rules (e.g., FTC endorsement guides; ASCI Influencer Guidelines in India);
  • accurately describe the Service; not make warranties or claims that exceed HeadshotMarketing's official statements — in particular, not represent that HeadshotMarketing guarantees marketing-law, anti-spam or advertising-compliance outcomes;
  • not use HeadshotMarketing / HeadshotMarketing trademarks except as permitted under brand guidelines and only to identify HeadshotMarketing as the referred service;
  • not use HeadshotMarketing coupon codes for self-referral, paid coupon sites, or fraud;
  • not use traffic obtained through malware, adware, deceptive redirects, or click farms.

5. Prohibited claims and content

Affiliate shall not:

  • imply that the Service is endorsed by any government, regulator or certification body unless documented;
  • guarantee uptime, compliance, campaigning outcomes or legal results beyond what HeadshotMarketing publishes;
  • target audiences under 18; or
  • promote in jurisdictions where this would violate local law.

6. HeadshotMarketing rights

6.1 HeadshotMarketing may suspend or terminate Affiliate at any time for breach, suspected fraud, brand risk, sanctions concerns, or sustained low quality.

6.2 HeadshotMarketing may withhold, deduct, or claw back rewards for fraudulent activity, refunds, chargebacks, or breach of this Agreement.

6.3 HeadshotMarketing may modify the Program rules (commission rates, cookie window, eligible plans) with 30 days' notice.

7. Intellectual property and licence

HeadshotMarketing grants Affiliate a non-exclusive, non-transferable, revocable licence to use the HeadshotMarketing / HeadshotMarketing name and approved logos solely to refer customers in accordance with brand guidelines. No other rights are granted.

8. Data protection

8.1 Affiliate shall not collect Personal Data of prospects on HeadshotMarketing's behalf (the Program operates on click-based attribution, not lead lists).

8.2 If Affiliate operates a mailing list or community, Affiliate is the Controller / Data Fiduciary for that list and is responsible for compliance with DPDP / GDPR.

9. Termination

9.1 Either party may terminate this Agreement at any time, for any reason, on written notice (which may be by email to the email on file).

9.2 On termination, Affiliate must remove all use of HeadshotMarketing / HeadshotMarketing trademarks within 14 days. Pending rewards on already-collected Net Revenue accrue but are subject to claw-back per Section 6.

10. Liability and disclaimers

10.1 The Program is provided AS IS. HeadshotMarketing disclaims warranties beyond those required by law.

10.2 HeadshotMarketing's aggregate liability under or in connection with this Agreement is capped at the rewards paid or payable to Affiliate during the 3 months preceding the claim.

10.3 In no event is either party liable for indirect, special, incidental or consequential damages.

11. Compliance, sanctions, anti-bribery

Affiliate shall comply with the Prevention of Corruption Act, 1988, FCPA, UK Bribery Act, and applicable sanctions and export laws.

12. Governing law and dispute resolution

Per MSA §15 — Indian law; Chennai-seated arbitration; courts of Chennai for residual matters and consumer rights preserved.

Reference and incorporation

All Burdenoff Group contracts, addenda, exhibits, policies and registers referenced in this document are identified by their Document ID (HM-LEGAL-### or HM-PRICING-###) and are published at https://burdenoff.com/contracts. Each such referenced document is incorporated into this document by reference. The version of a referenced document that applies is the version published at https://burdenoff.com/contracts as at the Effective Date of the applicable Order Form (or, where no Order Form exists, the version current at the date of acceptance), unless an executed Order Form specifies a frozen version.

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