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AFFILIATE AGREEMENT

AS A HYPEDDIT AFFILIATE, YOU HAVE THE OPPORTUNITY TO EARN MONEY FROM COMMISSIONS FOR HYPEDDIT ACCOUNTS THAT YOU SELL TO OTHER USERS.

THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS AS A HYPEDDIT AFFILIATE. BY REGISTERING AN AFFILIATE ACCOUNT ON HYPEDDIT.COM, YOU INDICATE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU WILL BE BOUND BY ITS TERMS.

1. PARTIES

All references to “Hypeddit” herein mean and refer to Hypeddit LLC, doing business as Hypeddit, and Hypeddit LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that Hypeddit Affiliate who has executed this Agreement by registering an affiliate account on Hypeddit.com. Hypeddit and You are each referred to herein as a “Party,” and collectively as the “Parties.”

2. INDEPENDENT CONTRACTOR

You are an independent contractor of Hypeddit. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Hypeddit and You by virtue of this Affiliate Agreement.

3. TERM AND TERMINATION

Your contract with Hypeddit begins when You register and affiliate account on Hypeddit.com and will continue month-to-month until either:

  1. Hypeddit cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You. Or
  2. Hypeddit or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that Hypeddit or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided Hypeddit and that is associated with your Affiliate profile.

4. COMPENSATION

  1. COMMISSIONS. After You register an affiliate account on Hypeddit.com, You will receive a unique Affiliate URL, which You will use to advertise Hypeddit. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”) will be set in the Prospect’s browser. When the Prospect creates a Hypeddit account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Referred User,” and each such account is a “Referred User Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You earn a commission for all transactions made by a Referred User through their Referred User Account. However, this excludes transactions made for Hypeddit Academy offers or products. Hypeddit Academy offers and products are not currently connected to the Hypeddit affiliate program.

    The Commission amount is 20% of all fees received by Hypeddit from this Referred User Account. Commission payments will be made to You on or before forty-five (45) days following Hypeddit’s receipt of such payments from the Referred User Account, subject to the other terms set forth herein.

  2. TAXES. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions You receive from Hypeddit.
  3. PAYOUTS. Your total commission earnings must equal or exceed ten (10) US Dollars before You receive a payment from Hypeddit.
  4. COMMISSION PAID FOLLOWING LEGITIMATE SALE. Commissions are paid only for transactions that actually occur between Hypeddit and a Referred User. If the transaction does not actually occur, or if payment from a Referred User is not actually received by Hypeddit, You will not earn a Commission on the transaction. If payment for a Referred User Account later results in a refund or charge-back, and if a commission was paid to You for that Referred User Account, then the commission will be deducted from Your future commissions. If Hypeddit determines, in its sole discretion, that any Referred User was procured fraudulently or as a result of any violation of this Agreement, no Commission will be paid for such Referred User. If any Commissions are paid for a Referred User that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Hypeddit after payment, You agree to repay to Hypeddit all Commissions and Bonuses earned as a result of any such violation immediately.
  5. U.S. DOLLARS. PAYMENT PROCESSING FEES. All commissions are paid in US Dollars. Depending on what payment processor or payment method You instruct Us to use, processing fees may be deducted from Your Commissions payment.

5. MARKETING AND RECRUITING

  1. TRUTHFUL. Anything You communicate in marketing or advertising any Hypeddit service or opportunity must be true and accurate. Claims that relate to any Hypeddit service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Hypeddit. You may not use the intellectual property of any other person or entity in advertising any Hypeddit service or opportunity.

  2. DISCLAIMER. On any website that You advertise any Hypeddit service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:

    Disclosure: I am an independent Hypeddit Affiliate, not an employee. I receive referral payments from Hypeddit. The opinions expressed here are my own and are not official statements of Hypeddit or its parent company, Hypeddit LLC.

  3. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of Hypeddit.
  4. INVENTORY LOADING/REBATES. You will not be paid any Commission for payments made on your own User Account(s). You are not permitted to open a Hypeddit account under the name of another person or entity, or under a fictitious name. You are not permitted to open a Hypeddit account under any name merely for the purpose of obtaining Commissions, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Referred Users. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Hypeddit all Commissions and Bonuses earned as a result of any such violation immediately.

6. HYPEDDIT’S INTELLECTUAL PROPERTY

No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Hypeddit Intellectual Property”) owned by Hypeddit may be used, copied, or reproduced by You except as set forth below. No Hypeddit Intellectual Property (or any mark confusingly similar to any Hypeddit Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.

You may use the Hypeddit mark to advertise Hypeddit. Any time You use the Hypeddit mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Hypeddit. Whether Your use of Hypeddit is confusing will be determined by Hypeddit in Hypeddit’s sole and absolute discretion. If you have any questions regarding your use of any Hypeddit mark, please contact Hypeddit support directly.

7. PROHIBITED ACTIVITY

Hypeddit has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

  1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Hypeddit’s reputation; and the violation of the rights of Hypeddit or any third party.
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Hypeddit’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

8. INDEMNITY

You agree to indemnify, defend and hold Hypeddit LLC and its affiliates, and each of Hypeddit LLC’s and its affiliates' respective past, present and future officers, directors, agents, subsidiaries, employees, contractors, suppliers and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your conduct.

9. NO WARRANTY

Hypeddit does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Hypeddit will not at any time provide sales leads or referrals to You. Additionally, Hypeddit’s websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Hypeddit makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through any Hypeddit website or service. Any reliance on or use of such materials shall be at Your sole risk. Hypeddit makes no representation or warranty (a) that any Hypeddit website or service will be available on a timely basis, or that access to any Hypeddit website or service will be uninterrupted, error-free or secure; (b) that defects or errors will be corrected; or (c) that any Hypeddit website or the servers or networks through which any Hypeddit website is made available are secure or free of viruses or other harmful components.

10. LIMITATION OF LIABILITY

You agree that in no event shall Hypeddit’s liability to You for any claim of any kind or description exceed the amount of three (3) times the commissions paid to you for the month preceding the date in which the facts giving rise to a claim against Hypeddit occurred. You waive any right to special, indirect or consequential damages of any kind or description.

11. FORCE MAJEURE

Hypeddit will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Hypeddit. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Hypeddit shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

12. ASSIGNMENT

Hypeddit may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned without Hypeddit’s or its assigns express written consent.

13. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.

  1. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Hypeddit including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Kings County, New York. You agree not to file suit against Hypeddit or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Hypeddit. In the event that You and Hypeddit are unable to reach agreement on an Arbitrator, You and Hypeddit will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Kings County, New York. The arbitrators selected by You and Hypeddit will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Hypeddit and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
  2. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York without regard to any choice of law provisions.
  3. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Hypeddit to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Hypeddit may not be joined or consolidated with claims brought by anyone else.
  4. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
  5. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Hypeddit from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Hypeddit’s rights prior to, during, or following any arbitration proceeding.
  6. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Hypeddit commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

14. ENTIRE AGREEMENT

This Agreement, along with Hypeddit’s standard Terms and Conditions of Use represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a Hypeddit Affiliate.

15. MODIFICATION/AMENDMENTS

This Agreement and Hypeddit’s standard Terms and Conditions of Use may be modified by Hypeddit at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in Your Affiliate account online. No amendment to this Agreement or the Terms and Conditions of Use shall be valid unless authored or signed by Hypeddit. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement.

16. NO WAIVER

No waiver by Hypeddit of any right reserved or granted to Hypeddit under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of Hypeddit.

17. NOTICE

Any notice required to be given to Hypeddit under or related to this Agreement shall be in writing, addressed as follows: Hypeddit LLC, 1820 Avenue M Unit #530, Brooklyn, NY 11230

Hypeddit will send notices to You at the e-mail address You provided to Hypeddit. Any notices shall be deemed delivered to You when sent by Hypeddit. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You. Hypeddit may also provide notice to You by posting information in Your Affiliate account online.

18. SEVERANCE

In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.