Affiliate / Referral Program Terms and Conditions

1. Overview of the Program

Asendia, Inc. ("Company," "we," "our," or "us"), a Delaware corporation, offers existing users ("Referrers") of our Asendia AI platform the opportunity to earn cash rewards ("Reward(s)") by referring new paying customers ("Invitee(s)") to purchase a paid subscription ("Referral Program" or "Promotion"), subject to the terms below (the "Terms").

Participation in the Referral Program constitutes your acceptance of and agreement to be bound by these Terms, as well as our Terms of Service and Privacy Policy, which are incorporated herein by reference.

2. Promotion Period

The Referral Program is available during the first three (3) months of your active paid subscription (the "Promotion Period"), unless otherwise stated in your user dashboard or in a communication from us. We reserve the right, at our sole discretion, to modify, shorten, or extend the Promotion Period for any user or for the program as a whole, at any time and without prior notice.

We reserve the right to change, suspend, or terminate the Promotion at any time without prior notice, to protect the integrity of the program or our business interests.

3. Eligibility

• You must have an active, valid account in good standing with us.
• You must be at least 18 years old and legally able to enter into binding contracts under applicable law.
• You cannot be an employee, contractor, or agent of the Company unless explicitly approved.
• Invitees must be new customers who have not previously held an account with us.

4. How to Earn Rewards

To earn a Reward, you must:

• Use your unique referral link generated within the platform to refer Invitees.
• Ensure the Invitee signs up via your referral link and completes the payment for a paid subscription within the Promotion Period.
• The Invitee's payment is successfully processed and not refunded, canceled, or disputed.

5. Reward Structure

• The Reward is 20% of the total subscription fees actually received by us from the Invitee, net of refunds, chargebacks, taxes, or adjustments.
• Rewards will be paid out to you via bank transfer, Stripe, or other designated method in USD.
• Rewards are capped at $5,000 in total. If you approach or exceed this cap, we will reach out to discuss continuation of the arrangement on a case-by-case basis.
• We reserve the right to withhold or reverse Rewards if fraud, abuse, or violations of these Terms are detected.

6. Timing of Payouts

• Rewards are calculated and payable on a monthly basis, typically within 30 days of the Invitee's qualifying payment being cleared.
• Delays may occur due to processing issues, fraud checks, or compliance verifications.

7. Taxes and Reporting

• You are solely responsible for any and all applicable taxes, fees, or obligations arising from your participation in the Referral Program.
• U.S. residents may be required to complete a W-9 form; non-U.S. participants may need to complete a W-8BEN or equivalent tax form before payouts are processed.
• We may withhold amounts required by law.

8. Prohibited Conduct

You must not:

• Use spam, bots, paid ads, or misleading promotions.
• Misrepresent our services, create fake accounts, or attempt to game the system.
• Infringe on our trademarks, intellectual property, or reputation.
• Share referral links in prohibited channels, such as unsolicited email campaigns or social media posts violating platform policies.

Any violation may lead to immediate termination from the program and forfeiture of Rewards.

9. Fraud and Abuse

We reserve the right to investigate all referrals. Fraudulent, abusive, or suspicious activity—such as bulk sign-ups, self-referrals, fake transactions, or chargeback schemes—will result in disqualification and potential legal action.

10. Termination or Modification

• We may modify, suspend, or terminate the Referral Program at any time, at our sole discretion, with or without notice.
• Any accrued Rewards up to the termination date will be processed in accordance with these Terms, provided all conditions are met.

11. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the Referral Program.
• Our aggregate liability to you for any claim related to this program shall not exceed $100 or the total Rewards earned but unpaid, whichever is less.
• Rewards are not guaranteed, and participation is at your sole risk.

12. Governing Law and Jurisdiction

• These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law principles.
• Any disputes shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to such jurisdiction and venue.

13. Data and Privacy

Your participation may involve the processing of personal data for tracking referrals, processing payments, and compliance. Such data will be handled in accordance with our Privacy Policy and applicable data protection laws, including the GDPR for EU/EEA residents.

14. Miscellaneous

• Participation is non-transferable.
• These Terms may be updated at any time by posting a revised version on our website; continued participation after such updates constitutes acceptance of the revised Terms.
• If any provision is found invalid, the remaining provisions remain in full force and effect.
• Nothing in these Terms creates an employment, agency, or joint venture relationship.

Contact Information

If you have any questions regarding these Terms or the Affiliate Program, please contact us by sending an email to connect@asendia.ai

Last Updated: These Terms were last updated on January 8, 2025.