LEXUL LLC PARTNER PROGRAM AGREEMENT

Last updated August 18, 2026

LEXUL LLC PARTNER PROGRAM AGREEMENT

Effective Date: 08/18/2026

Company: Lexul LLC
Primary Website: www.lexul.com
Address: 400 Quincy St., Suite 802, Hancock, Michigan 49930
Contact: support@lexul.com

This Partner Program Agreement (“Agreement”) is entered into between Lexul LLC, a Michigan limited liability company (“Company,” “Lexul,” “we,” “us,” or “our”), and the person or entity accepted into the Lexul Partner Program (“Partner,” “you,” or “your”). Company and Partner may each be called a “Party” and collectively the “Parties.”

By submitting a Partner Application and affirmatively accepting this Agreement, you agree to be bound by its terms. Participation in the Partner Program is subject to Company approval.

1. Definitions

1.1 Affiliate Site

“Affiliate Site” means each website, application, social-media account, video channel, email list, publication, or other marketing channel identified in the Partner Application or subsequently approved by Company in writing.

1.2 Approved Materials

“Approved Materials” means trademarks, logos, links, copy, images, product information, and other marketing materials supplied or expressly approved by Company.

1.3 Company IP

“Company IP” means Company’s names, trademarks, service marks, logos, copyrights, software, documentation, trade secrets, patents, content, designs, data, and other intellectual-property rights.

1.4 Confidential Information

“Confidential Information” means nonpublic information disclosed or made available by Company, including product roadmaps, pricing plans, customer information, sales information, security information, software, technical information, commission reports, Partner portal information, marketing plans, and business strategies.

Confidential Information does not include information that Partner can document:

  1. was lawfully known to Partner without restriction before disclosure;
  2. becomes publicly available through no breach of this Agreement;
  3. is received lawfully from a third party without a confidentiality obligation; or
  4. is independently developed without use of Company Confidential Information.

1.5 Net Subscription Revenue

“Net Subscription Revenue” means software subscription fees actually received and retained by Company from a Qualified Customer, less:

  1. refunds, credits, rebates, and chargebacks;
  2. sales, use, value-added, and similar transaction taxes;
  3. fraudulent, disputed, uncollectible, or reversed payments; and
  4. amounts attributable to discounts or promotional credits.

Net Subscription Revenue includes recurring fees paid for access to or use of Company’s software subscription products.

Net Subscription Revenue excludes all amounts attributable to:

  • implementation and onboarding services;
  • professional or consulting services;
  • custom software development;
  • training sold separately;
  • support or maintenance sold separately from a software subscription;
  • hardware, equipment, and physical products;
  • shipping and handling;
  • third-party products or pass-through expenses; and
  • any other non-subscription product or service.

If a customer purchases a bundle containing both software subscription products and excluded items, Company will allocate the purchase price among the items in good faith using its standard pricing or reasonable standalone selling values. Commissions apply only to the portion allocated to eligible software subscription revenue.

1.6 Partner Application

“Partner Application” means the application and associated information submitted by Partner for admission to the Partner Program.

1.7 Partner Link

“Partner Link” means a unique tracking link, code, or other attribution mechanism issued or approved by Company for Partner.

1.8 Qualified Customer

“Qualified Customer” means a customer that:

  1. first reaches Company through a properly functioning Partner Link;
  2. completes an eligible software subscription purchase during the Referral Window;
  3. was not already a paying Company customer when referred;
  4. was not already an active sales opportunity documented in Company’s records before the referral;
  5. was not previously attributed to another partner, referral source, or marketing arrangement;
  6. is not Partner, Partner’s employee, or a person or entity under common ownership or control with Partner;
  7. completes a bona fide arm’s-length transaction;
  8. complies with Company’s customer terms and acceptable-use requirements; and
  9. is not associated with fraud, self-referral, cookie stuffing, misleading advertising, unauthorized incentives, or other prohibited conduct.

Company will make attribution determinations reasonably and in good faith based on its books, payment records, customer-relationship records, and tracking systems.

1.9 Referral Window

“Referral Window” means the 90-day period beginning when a prospective customer first clicks or uses Partner’s valid Partner Link.

A later eligible referral may supersede Partner’s attribution if Company’s tracking system records a different approved partner or marketing source as the last eligible referral before purchase.

1.10 United States Person

“United States Person” means a person or entity treated as a United States person for U.S. federal tax purposes and eligible to provide Company with a properly completed and valid IRS Form W-9.

2. Eligibility and acceptance

2.1 Eligibility

The Partner Program is available only to United States Persons.

To participate, Partner must:

  1. be at least 18 years old, if an individual;
  2. have legal authority to enter into this Agreement;
  3. provide accurate and complete application information;
  4. maintain a valid U.S. mailing address;
  5. provide a properly completed IRS Form W-9;
  6. provide valid payment information;
  7. comply with this Agreement and applicable law; and
  8. remain a United States Person throughout the term.

A person or entity required to submit an IRS Form W-8 is not eligible for the Partner Program.

Partner must immediately notify Company if Partner’s tax residency, entity classification, ownership, address, or eligibility changes. Company may suspend or terminate Partner if Partner ceases to satisfy these requirements.

2.2 Application and approval

Submission of a Partner Application does not guarantee acceptance. Company may accept or reject an application in its discretion and is not required to explain its decision.

Partner may not promote itself as an authorized Lexul partner until Company has confirmed acceptance.

2.3 Contract formation

This Agreement becomes binding when:

  1. Company accepts Partner into the Partner Program; and
  2. Partner affirmatively accepts this Agreement electronically or begins participating after receiving notice of acceptance and access to the Partner Program.

Company may retain electronic records identifying the individual accepting this Agreement, the date and time of acceptance, and the version accepted.

2.4 Accuracy of information

Partner represents that all application, payment, tax, identity, and contact information supplied to Company is complete and accurate. Partner must promptly update that information when it changes.

3. Non-exclusivity

The Partner Program is non-exclusive.

Partner may participate in other referral or affiliate programs, including programs involving competing businesses, provided Partner does not:

  1. misuse Company Confidential Information;
  2. create confusion regarding Company’s sponsorship or endorsement;
  3. make false comparisons or misleading statements;
  4. improperly interfere with Company customer relationships;
  5. use Company IP to promote a competitor; or
  6. otherwise violate this Agreement.

Company may work with other partners, affiliates, resellers, consultants, sales representatives, or referral sources without restriction.

Nothing in this Agreement gives Partner an exclusive territory, customer group, market, industry, or marketing channel.

4. Partner Links and attribution

4.1 Issuance and use

Company may provide Partner with one or more Partner Links. Partner may use only Partner Links issued or approved by Company.

Partner must not alter, obscure, redirect, manipulate, or interfere with a Partner Link or its tracking functionality without Company’s prior written approval.

4.2 Approved channels

Partner may display Partner Links only through approved Affiliate Sites. Partner must obtain Company’s written approval before using a materially different website, account, advertising channel, application, or distribution method.

4.3 Tracking limitations

Partner acknowledges that tracking technologies may be affected by cookie settings, privacy tools, device changes, browser restrictions, deleted cookies, technical failures, or customer conduct.

Company is not required to pay a commission when a transaction cannot reasonably be attributed to Partner through Company’s records, except where Company determines that a documented tracking error caused the failure and other reliable evidence establishes Partner’s attribution.

4.4 No interference with attribution

Partner must not:

  1. place tracking technology without an affirmative customer action;
  2. engage in cookie stuffing, forced clicks, invisible links, adware, or browser manipulation;
  3. overwrite another partner’s tracking information;
  4. mislead a customer concerning the function of a Partner Link;
  5. use automatic redirects without Company approval; or
  6. attempt to manipulate Company’s portal, attribution systems, reports, or payment systems.

5. Commissions

5.1 Commission rate

Subject to this Agreement, Partner is eligible to receive a commission equal to 20% of Net Subscription Revenue received from each Qualified Customer during that customer’s Commission Term.

No commission is payable on implementation services, custom development, hardware, or any other amount excluded from Net Subscription Revenue.

5.2 Commission Term

The “Commission Term” for a Qualified Customer begins on the date Company first receives payment of Net Subscription Revenue from that Qualified Customer and continues for 24 consecutive calendar months.

The Commission Term continues to run during any pause, suspension, delinquency, free period, or interruption in the customer’s subscription and is not extended by such an event.

No commission accrues on payments received after the applicable 24-month Commission Term expires.

5.3 Accrued Commission

An “Accrued Commission” is a provisional commission calculated when Company receives Net Subscription Revenue from a Qualified Customer.

An Accrued Commission is subject to the 30-day waiting period, customer qualification, fraud review, refunds, credits, chargebacks, payment disputes, payout holds, and the other conditions in this Agreement.

An Accrued Commission is not earned, vested, or payable.

5.4 Earned Commission

An Accrued Commission becomes an “Earned Commission” after 30 consecutive days have elapsed from Company’s receipt of the applicable Net Subscription Revenue, provided that:

  1. the customer remains a Qualified Customer;
  2. the payment has not been refunded, credited, charged back, reversed, or disputed;
  3. the transaction is not fraudulent or otherwise prohibited;
  4. Partner has supplied a valid Form W-9 and complete payment information;
  5. Partner was in good standing when the customer was referred; and
  6. Partner has not been terminated for Cause under Section 14.

An Earned Commission remains subject to Company’s withholding, investigation, offset, reversal, and recoupment rights. Designation of a commission as Earned does not require Company to pay it while a payout hold is in effect.

Except for amounts subject to a good-faith dispute, investigation, withholding right, offset, or payout hold, Company’s obligation to pay an undisputed Earned Commission is not subject to the limitation of liability in Section 21.

5.5 Payout timing

Subject to Company’s withholding and payout-hold rights, Company will process Earned Commissions during the monthly payout cycle occurring in the calendar month after the applicable 30-day waiting period expires.

For example, if Company receives eligible subscription revenue on January 15, the related commission ordinarily becomes earned on February 14 and is included in the March payout cycle, subject to the minimum payout requirement, any applicable payout hold, and the other terms of this Agreement.

Payment dates may vary due to weekends, holidays, processing delays, incomplete tax information, returned payments, investigations, payout holds, or circumstances beyond Company’s reasonable control.

5.6 Minimum payout

Company will issue a payout only when Partner’s aggregate unpaid Earned Commissions equal or exceed $100.

If unpaid Earned Commissions are below $100, the balance will roll forward to later payout cycles until the threshold is reached.

Following termination, Company will process any final undisputed Earned Commissions after completion of the applicable waiting, withholding, investigation, and reconciliation periods, even if the final amount is less than $100.

5.7 Refunds and reversals

If Company refunds, credits, reverses, or charges back revenue after a related commission has been earned or paid, Company may:

  1. reverse the related unpaid commission;
  2. offset the amount against future commissions; or
  3. require Partner to repay the overpayment within 30 days after written notice.

Company will not reverse a commission more than 12 months after it was paid unless the underlying transaction involved fraud, Partner misconduct, a customer payment dispute, or a material reporting error.

5.8 No commission in certain circumstances

No commission will accrue or be paid for:

  1. self-referrals or related-party purchases;
  2. existing Company customers;
  3. purchases attributable to another approved source;
  4. purchases induced by unauthorized discounts, rebates, rewards, or incentives;
  5. test, fraudulent, cancelled, unpaid, or refunded transactions;
  6. purchases made in violation of Company terms;
  7. transactions resulting from prohibited marketing;
  8. taxes or excluded products and services; or
  9. transactions completed outside the Referral Window.

5.9 Changes to customer subscriptions

Commissions on upgrades, downgrades, and subscription changes during the Commission Term will be based on the Net Subscription Revenue actually received by Company.

A customer’s purchase of a new or different Company product does not restart or extend the Commission Term unless Company expressly agrees otherwise in writing.

5.10 Fraud and misconduct payout holds

Notwithstanding anything else in this Agreement, Company may, in its sole discretion, suspend or withhold any accrued, earned, pending, or otherwise payable commission if Company suspects that Partner, a referred customer, a transaction, or any person acting for or through Partner may be associated with:

  1. fraud, attempted fraud, or deceptive conduct;
  2. self-referrals, related-party transactions, or sham transactions;
  3. attribution manipulation, cookie stuffing, forced clicks, false leads, fabricated traffic, or other manipulation of Partner Program systems;
  4. chargebacks, payment disputes, refunds, reversals, or unusually high cancellation activity;
  5. unauthorized discounts, rebates, incentives, coupons, or customer promises;
  6. false, misleading, unlawful, or unapproved advertising;
  7. violation of this Agreement or applicable law;
  8. misuse of Company IP, Confidential Information, customer information, or Partner Program data;
  9. inaccurate application, tax, payment, or identity information;
  10. activity intended to circumvent a Partner Program requirement;
  11. conduct that may expose Company to financial loss, legal liability, regulatory action, security risk, or reputational harm; or
  12. any other suspected misconduct relating to Partner’s participation in the Partner Program.

Company may place a hold on all unpaid commissions, including commissions not directly associated with the suspected conduct, when Company determines that a broader hold is appropriate to protect against potential refunds, chargebacks, damages, penalties, investigation costs, overpayments, or other exposure.

A payout hold:

  1. may be imposed before Company completes its investigation;
  2. may be imposed with or without advance notice;
  3. is not a breach of this Agreement;
  4. does not accrue interest or other compensation;
  5. may remain in effect until Company determines that the relevant investigation, dispute, chargeback period, legal proceeding, regulatory matter, or financial exposure has been resolved; and
  6. survives suspension or termination of this Agreement.

Company is not required to disclose confidential, privileged, security-sensitive, or legally restricted information concerning an investigation. Company may delay notice of a payout hold when it believes notice could compromise an investigation, expose Company or another person to risk, or violate law.

Partner must cooperate with an investigation and provide requested records, identification, consent records, traffic-source information, advertising materials, customer communications, and other relevant information within 10 days after Company’s request, or sooner when reasonably required by an urgent legal or security matter.

Failure to cooperate is an independent basis for continuing the hold and may constitute Cause for termination.

After reviewing the available information, Company may:

  1. release some or all withheld commissions;
  2. continue the hold while relevant risks or proceedings remain unresolved;
  3. reverse or deny commissions arising from prohibited, fraudulent, or unverified activity;
  4. offset refunds, chargebacks, overpayments, penalties, damages, and other amounts Partner owes Company;
  5. require Partner to repay previously paid commissions; or
  6. terminate Partner for Cause.

Company will make its determination in good faith based on the information reasonably available to it. Company’s determination will be final absent manifest error, subject to Partner’s rights under the dispute-resolution provisions of this Agreement.

Suspicion alone permits temporary withholding. Permanent denial or forfeiture will be based on Company’s good-faith determination that the affected commissions resulted from prohibited conduct, were not properly earned, are subject to offset, or may lawfully be retained under this Agreement.

6. Reports and disputes

6.1 Partner portal

Company may provide Partner with access to reports showing clicks, referrals, transactions, accrued commissions, earned commissions, payout holds, and payments.

Real-time and preliminary reports are estimates and may be corrected before or after payout. Company’s final books and payment records control in the event of a discrepancy, subject to Company’s duty to make determinations reasonably and in good faith.

6.2 Reporting and payout disputes

Partner must notify Company of a claimed reporting or payout error within 30 days after the applicable statement, decision, or payout is made available.

The notice must identify the disputed transaction and explain the alleged error. Company will reasonably investigate timely disputes.

Failure to submit a dispute within 30 days waives the dispute to the extent permitted by law, except in the case of a material error Partner could not reasonably have discovered during that period.

Submitting a dispute does not require Company to release a payout hold while the underlying investigation or exposure remains unresolved.

6.3 Audit rights

Company may review Partner’s Affiliate Sites and request records reasonably necessary to verify compliance, including advertisements, disclosures, campaign records, consent records, email templates, customer communications, and traffic-source information.

Partner must retain relevant marketing and compliance records for at least three years after the applicable activity.

7. Payment and taxes

7.1 Payment methods

Company may make payouts by ACH, check, or another method Company makes available.

Partner is responsible for providing and maintaining accurate payment instructions. Company is not responsible for delays or losses caused by inaccurate information supplied by Partner.

7.2 Form W-9

Partner must provide a valid Form W-9 before participating in the Partner Program and before receiving a payout.

Company may suspend access or withhold payouts if Partner does not provide required tax documentation. Properly earned amounts withheld solely because of missing documentation will remain subject to applicable law and Company’s reasonable payment procedures.

7.3 Taxes

Partner is responsible for all federal, state, and local taxes arising from commissions paid under this Agreement.

Company may report payments to tax authorities and withhold amounts when required by law. Partner is not eligible for employee benefits, payroll withholding, unemployment benefits, or workers’ compensation through Company.

8. Partner marketing obligations

8.1 General standards

Partner is solely responsible for the creation, operation, maintenance, security, and content of its Affiliate Sites and marketing activities.

Partner must ensure that its marketing is accurate, lawful, professional, and consistent with Approved Materials.

8.2 Truthful claims

Partner must not:

  1. make false, deceptive, unsubstantiated, or misleading statements;
  2. make claims Company could not lawfully make;
  3. misrepresent product functions, results, security, pricing, availability, or customer experiences;
  4. promise savings, performance, integrations, implementation dates, or outcomes not approved by Company;
  5. publish fabricated or misleading reviews or testimonials;
  6. conceal the use of artificial or simulated endorsements where disclosure is legally required;
  7. represent that Partner is Company’s employee, agent, reseller, or authorized representative; or
  8. make warranties or commitments on Company’s behalf.

8.3 Approval and takedown

Company may require prior approval of marketing claims, creative materials, paid advertisements, email campaigns, text-message campaigns, comparison materials, and use of Company IP.

Company may require Partner to correct or remove content that Company believes violates this Agreement, applicable law, brand guidelines, or third-party rights.

Partner must comply promptly and, for urgent legal, security, or reputational matters, no later than 24 hours after notice.

8.4 Prohibited channels and practices

Unless Company gives prior written approval, Partner must not:

  1. bid on Company names, trademarks, misspellings, or confusingly similar terms in paid search;
  2. use Company IP in domain names, social-media handles, application names, metatags, or hidden text;
  3. operate coupon, deal, cashback, loyalty, toolbar, browser-extension, adware, or downloadable-software promotions;
  4. purchase or use deceptive search advertisements;
  5. impersonate Company or its personnel;
  6. create fake accounts, reviews, followers, engagement, or traffic;
  7. use pop-ups, pop-unders, forced redirects, or automatic link placement;
  8. promote Company through illegal, obscene, defamatory, hateful, violent, discriminatory, or infringing content;
  9. market through a channel not disclosed to and approved by Company; or
  10. appoint a sub-affiliate, subpartner, network, or downstream promoter.

8.5 Unauthorized incentives

Partner must not offer a customer any rebate, discount, coupon, gift, reward, donation, cashback, or other incentive connected to a Partner Link unless Company has approved the incentive in writing.

9. Endorsements and advertising disclosures

9.1 Material-connection disclosure

Partner must clearly and conspicuously disclose its financial relationship with Company whenever that relationship could affect how a reasonable consumer evaluates Partner’s endorsement or recommendation.

The disclosure must:

  1. use plain and understandable language;
  2. state that Partner may receive a commission;
  3. appear close to the endorsement, recommendation, or Partner Link;
  4. be difficult to miss;
  5. appear before or at the time a consumer encounters the endorsement;
  6. be made in the same language as the endorsement; and
  7. comply with the requirements of the medium being used.

A general disclosure on an “About,” legal, terms, or disclosure page is not sufficient when consumers are unlikely to see it with the endorsement.

A disclosure such as “I may earn a commission if you purchase through this link” may be used where appropriate, but Partner remains responsible for ensuring that the disclosure is effective in context.

9.2 Video, audio, and live content

When an endorsement appears in video or audio content, Partner must make the disclosure in the content itself using visual and/or audible disclosures appropriate to how the endorsement is communicated.

For livestreams or long-form content, Partner must repeat disclosures as reasonably necessary so viewers joining later are likely to see or hear them.

9.3 Monitoring and cooperation

Partner must participate in compliance training reasonably required by Company and cooperate with Company’s monitoring program.

Partner must promptly correct deficient disclosures and provide Company with evidence of correction upon request.

10. Email, text messages, calls, and direct outreach

10.1 Prior approval

Partner may not conduct email, text-message, telephone, direct-message, or similar outreach promoting Company unless Company has approved the campaign or channel in writing.

10.2 Compliance

Approved outreach must comply with all applicable laws and regulations, including requirements concerning:

  • truthful sender and routing information;
  • non-deceptive subject lines;
  • advertising identification;
  • valid postal addresses;
  • consent;
  • do-not-call requirements;
  • opt-out and unsubscribe mechanisms;
  • suppression lists;
  • calling times;
  • recordkeeping; and
  • honoring revocation requests.

10.3 Suppression and consent records

Partner must maintain legally sufficient records of consent and provide them to Company upon request.

Partner must promptly honor opt-out requests and use any suppression list supplied by Company solely for compliance purposes. Partner must not sell, disclose, or use a suppression list for any other purpose.

10.4 Responsibility

Partner is responsible for outreach conducted by Partner or anyone acting on Partner’s behalf. Company’s approval of a template does not relieve Partner of responsibility for recipients, timing, consent, transmission practices, or surrounding context.

11. Intellectual property

11.1 Limited license

During the term and while Partner remains in good standing, Company grants Partner a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Approved Materials solely to promote Company through approved Affiliate Sites under this Agreement.

No ownership rights are transferred.

11.2 Brand restrictions

Partner must:

  1. follow Company’s current brand guidelines;
  2. use only current Approved Materials;
  3. not alter Company IP without written approval;
  4. not challenge Company’s ownership or registrations;
  5. not combine Company IP with another mark in a manner suggesting a new brand; and
  6. immediately stop using Company IP when this Agreement terminates or Company revokes permission.

All goodwill resulting from Partner’s permitted use of Company trademarks benefits Company.

11.3 Partner materials

Partner grants Company a non-exclusive, worldwide, royalty-free license during the term to use Partner’s approved name, logo, and public-facing Partner Program content solely to administer and promote the Partner Program and identify Partner as a participant.

Partner represents that it owns or has sufficient rights to grant this license.

11.4 Feedback

If Partner voluntarily provides product or program feedback, Partner grants Company a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation, provided Company does not publicly identify Partner as the source without permission.

12. Confidentiality and data protection

12.1 Confidentiality obligations

Partner must:

  1. use Confidential Information only to perform under this Agreement;
  2. protect it using at least reasonable care;
  3. disclose it only to personnel who need it and are bound by comparable obligations;
  4. not copy, reverse engineer, exploit, or disclose it except as authorized; and
  5. promptly notify Company of unauthorized access, use, or disclosure.

If disclosure is legally required, Partner must, where lawful, give Company prompt notice and reasonable assistance in seeking protective treatment.

12.2 Personal information

Partner may not collect, purchase, process, or retain personal information on Company’s behalf unless Company has authorized the activity in writing and the Parties have completed any required data-processing terms.

Partner must comply with applicable privacy, security, cookie, tracking, and data-protection laws affecting Partner’s activities.

12.3 Security

Partner must maintain reasonable administrative, technical, and physical safeguards appropriate to the information processed.

Partner must notify Company without undue delay, and no later than 24 hours after discovery, of a suspected security incident involving Company information, Partner Program credentials, customer information associated with Company, or Company systems.

12.4 Account security

Partner is responsible for protecting Partner portal credentials and for activity occurring through Partner’s account. Partner must promptly report suspected unauthorized access.

Company may suspend access when it determines suspension is necessary to protect the Partner Program, Company, customers, or other partners.

13. Independent contractor relationship

Partner is an independent contractor and not an employee, agent, franchisee, joint venturer, legal representative, broker, or sales representative of Company.

Partner has no authority to:

  1. bind Company;
  2. negotiate or modify Company terms;
  3. make warranties on Company’s behalf;
  4. accept orders or payments for Company;
  5. incur obligations in Company’s name; or
  6. represent that Company sponsors or endorses Partner beyond participation in the Partner Program.

Partner controls the manner and means of its activities, subject to the compliance requirements in this Agreement. Partner is responsible for its expenses, personnel, equipment, insurance, and business operations.

14. Term, suspension, and termination

14.1 Term

The term begins when Company accepts Partner and Partner accepts this Agreement. It continues until terminated under this Section.

14.2 Termination without cause

Either Party may terminate this Agreement at any time without cause by written notice.

Partner must stop generating new referrals and using Company IP when termination becomes effective.

14.3 Suspension and investigation

Company may, in its sole discretion, immediately suspend Partner Links, attribution, account access, marketing authorization, or payouts if Company suspects:

  1. fraud, manipulation, or misconduct;
  2. unlawful, unapproved, or misleading advertising;
  3. a privacy, data, or security incident;
  4. a breach of this Agreement;
  5. tax, identity, payment, or eligibility problems;
  6. chargebacks, refunds, payment disputes, or unusual transaction activity;
  7. failure to cooperate with a Company investigation; or
  8. conduct that may harm Company, customers, other partners, or the Partner Program.

Company may exercise these rights before determining whether a violation occurred and without first providing Partner with an opportunity to cure.

Any payout suspension or withholding will be governed by Section 5.10. Company may maintain the suspension or hold while it conducts an internal investigation or awaits information from Partner, a customer, a payment processor, a platform, a government authority, or another third party.

14.4 Termination for Cause

Company may terminate this Agreement immediately for “Cause” if Partner:

  1. commits fraud, attribution manipulation, or self-referral;
  2. materially breaches this Agreement and, where curable, fails to cure within 10 days after notice;
  3. violates advertising, privacy, intellectual-property, email, text-message, or consumer-protection law;
  4. makes materially false statements in the Partner Application;
  5. fails to remain an eligible United States Person;
  6. misuses Company Confidential Information or Company IP;
  7. engages in conduct Company believes is likely to cause material legal, security, financial, or reputational harm;
  8. fails to comply with a correction, information, or takedown request; or
  9. repeatedly violates this Agreement, whether or not an individual violation would be material.

No cure period is required for fraud, intentional misconduct, unlawful activity, serious security violations, or breaches that cannot reasonably be cured.

14.5 Commissions after ordinary termination

If Partner terminates this Agreement or Company terminates without Cause:

  1. no new customers may become Qualified Customers after termination;
  2. properly attributed Qualified Customers acquired before termination will continue generating commissions for the remainder of their existing Commission Terms;
  3. commissions remain subject to the waiting period, minimum payout, payout holds, reversals, and other terms of this Agreement; and
  4. Partner must continue complying with provisions relevant to those commissions, including confidentiality, audit, tax, investigation, and dispute requirements.

14.6 Commissions after termination for Cause

If Company terminates this Agreement for Cause:

  1. no new commissions will accrue after termination;
  2. Partner forfeits commissions attributable to fraud, manipulation, misconduct, prohibited marketing, or the breach giving rise to termination;
  3. Company may continue withholding all unpaid commissions under Section 5.10 until its investigation and any related financial, legal, payment, or regulatory exposure are resolved;
  4. Company may offset documented refunds, chargebacks, overpayments, penalties, damages, investigation costs, and other amounts Partner owes Company to the extent permitted by law;
  5. Company may seek repayment of commissions previously paid on transactions that were fraudulent, reversed, improperly attributed, or otherwise ineligible; and
  6. after completing its investigation and applying authorized offsets, Company will process any remaining undisputed Earned Commissions unrelated to the misconduct, unless those commissions are otherwise subject to forfeiture or withholding under this Agreement.

Termination does not require Company to release a payout hold before Company has completed its investigation or resolved the risks giving rise to the hold.

14.7 Effect of termination

Upon termination, Partner must immediately:

  1. stop presenting itself as a Company partner;
  2. remove Partner Links and Company IP;
  3. stop using Confidential Information;
  4. return or securely delete Confidential Information upon request; and
  5. provide reasonable confirmation of compliance.

15. Compliance with laws

Partner must comply with all laws and regulations applicable to its activities, including advertising, endorsements, testimonials, consumer protection, intellectual property, privacy, data security, email, text messages, telemarketing, sanctions, export controls, anti-bribery, and taxation.

Partner must not offer or provide anything of value to improperly influence a government official, customer, or other person.

Company may update compliance instructions to address changes in law, regulatory guidance, security risks, or enforcement practices.

16. Records and inspection

Partner must maintain complete and accurate records sufficient to demonstrate compliance for at least three years.

Upon reasonable notice, Company may request copies of relevant records or conduct a limited compliance audit. Company may act without prior notice when it suspects fraud, an active legal violation, or a security incident.

Company will use information obtained through an audit only for legitimate legal, security, accounting, investigation, and Partner Program purposes.

17. Representations and warranties

Partner represents and warrants that:

  1. it has authority to enter into this Agreement;
  2. its performance will not violate another agreement;
  3. its content and marketing materials will not infringe third-party rights;
  4. its statements about Company will be truthful and substantiated;
  5. it will obtain all permissions and consents required for its activities;
  6. it will not introduce malicious code or attempt unauthorized access;
  7. it is and will remain a United States Person; and
  8. all information supplied to Company is accurate.

Except as expressly stated in this Agreement, Company makes no promise concerning the amount of traffic, referrals, commissions, revenue, or business Partner may receive.

18. Indemnification

Partner will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, agents, successors, and assigns from third-party claims, investigations, penalties, damages, judgments, settlements, liabilities, costs, and reasonable attorneys’ fees arising from or relating to:

  1. Partner’s breach of this Agreement;
  2. Partner’s marketing, content, claims, or Affiliate Sites;
  3. Partner’s violation of law;
  4. infringement or misappropriation by Partner materials;
  5. privacy, security, email, text-message, or telemarketing violations;
  6. Partner’s negligence, fraud, or willful misconduct;
  7. taxes or employment claims involving Partner personnel; or
  8. acts of anyone working for or through Partner.

Company will provide reasonably prompt notice of an indemnified claim, except that delayed notice relieves Partner only to the extent materially prejudiced.

Partner may control the defense using counsel reasonably acceptable to Company. Company may participate with its own counsel at its own expense.

Partner may not settle a claim without Company’s written consent if the settlement:

  • admits wrongdoing by Company;
  • requires Company to pay money;
  • imposes an injunction or operational restriction on Company; or
  • does not fully release Company.

Company may assume control of the defense if Partner fails to defend promptly or if a material conflict of interest exists.

19. Disclaimer of warranties

THE PARTNER PROGRAM, PARTNER PORTAL, LINKS, REPORTS, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.

COMPANY DOES NOT WARRANT THAT THE PARTNER PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR PROFITABLE, OR THAT EVERY REFERRAL WILL BE TRACKED.

Nothing in this Section limits an express obligation to pay undisputed Earned Commissions that are not subject to a payout hold, investigation, dispute, offset, reversal, or recoupment right.

20. Service interruptions and changes

Company may maintain, modify, replace, suspend, or discontinue any Partner Program feature, link, portal, product, price, or service.

Company is not liable for losses caused by scheduled or unscheduled interruptions, tracking limitations, security measures, or circumstances beyond its reasonable control.

Company will use commercially reasonable efforts to avoid unnecessary disruption to commission reporting and payment.

21. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

EXCEPT FOR COMPANY’S OBLIGATION TO PAY UNDISPUTED EARNED COMMISSIONS, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF:

  1. $500; OR
  2. THE COMMISSIONS PAID OR PAYABLE TO PARTNER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted but do not apply to liability that cannot lawfully be excluded or limited.

A commission subject to a good-faith investigation, dispute, offset, reversal, recoupment right, or payout hold is not an “undisputed Earned Commission” unless and until Company releases the hold and determines that the commission is payable.

22. Modifications

Company may modify this Agreement by providing Partner with electronic notice.

Material changes ordinarily become effective 30 days after notice. Company may make a change effective sooner when it determines the change is necessary to:

  1. comply with law or regulatory guidance;
  2. address fraud, abuse, security, or safety risks;
  3. correct an obvious drafting error; or
  4. protect Company, customers, or partners from material harm.

Changes will not reduce an undisputed Earned Commission that is not subject to a payout hold, investigation, reversal, or offset.

Unless Partner agrees otherwise, the commission rate and Commission Term in effect when a customer becomes a Qualified Customer will continue to govern that customer. Updated terms will govern new referrals after the effective date of the update.

Partner may terminate this Agreement before an updated provision becomes effective. Continued participation after its effective date constitutes acceptance where permitted by law.

Company will maintain or be able to identify the version of the Agreement applicable to Partner.

23. Dispute resolution

23.1 Informal resolution

Before initiating arbitration, a Party must send written notice describing the dispute and requested relief. The Parties will attempt in good faith to resolve the dispute for 30 days after receipt.

23.2 Binding arbitration

Except for matters described below, disputes arising from or relating to this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules or other rules the administrator determines apply.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

The arbitration will be conducted by one arbitrator. The legal seat will be Houghton County, Michigan, although the hearing may be conducted remotely when permitted by the arbitrator.

The arbitrator may award any individual remedy available under applicable law but may not:

  1. consolidate unrelated parties’ claims;
  2. conduct a class, collective, coordinated, or representative proceeding; or
  3. award relief on behalf of anyone other than the individual Parties.

Administrative and arbitrator fees will be allocated under the applicable arbitration rules. Each Party will bear its own attorneys’ fees unless a statute or the arbitrator permits an award.

23.3 Court proceedings permitted

Either Party may seek temporary or preliminary equitable relief in court to protect intellectual property, Confidential Information, data, systems, account security, or the integrity of an investigation pending arbitration.

Either Party may also:

  1. bring an eligible individual claim in small-claims court;
  2. seek to compel arbitration;
  3. seek confirmation or enforcement of an arbitration award; or
  4. pursue a claim that applicable law prohibits from being arbitrated.

Permitted court proceedings must be brought exclusively in the state or federal courts serving Houghton County, Michigan. Each Party consents to personal jurisdiction and venue there.

23.4 Jury and class waiver

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, COORDINATED, OR REPRESENTATIVE ACTION CONCERNING A DISPUTE COVERED BY THIS SECTION.

If the class-action waiver is found unenforceable for a particular claim, that claim will proceed in court rather than class arbitration.

24. Governing law

This Agreement is governed by Michigan law, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 23.

25. Assignment

Partner may not assign, delegate, sublicense, or transfer this Agreement or any Partner Program account, Partner Link, or right to commissions without Company’s prior written consent.

Company may assign this Agreement in connection with a merger, reorganization, financing, sale of assets, change of control, or transfer of the Partner Program.

Any prohibited assignment is void. Subject to this Section, the Agreement binds and benefits the Parties and their permitted successors and assigns.

26. Notices

Company may provide notices to Partner through the Partner portal or the email address in Partner’s account.

Partner must send legal notices to:

Lexul LLC
400 Quincy St., Suite 802
Hancock, Michigan 49930
Email: support@lexul.com

Electronic notices are considered received when sent unless the sender receives a delivery-failure notice. Mailed notices are considered received three business days after deposit with the U.S. Postal Service.

Partner is responsible for maintaining current contact information.

27. Force majeure

Company is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, utility or internet failures, labor disputes, war, terrorism, civil unrest, epidemics, government actions, cyberattacks, or failures of payment processors or hosting providers.

This Section does not require Company to release a payout hold or pay a disputed commission.

28. General provisions

28.1 Entire agreement

This Agreement, the Partner Application, current brand guidelines, and any expressly identified program policies constitute the entire agreement concerning the Partner Program and supersede prior discussions and agreements on that subject.

If a conflict exists, this Agreement controls unless another document expressly states that it amends this Agreement.

Customer-facing website terms do not automatically modify this Agreement merely because they appear on Company’s website.

28.2 Severability

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

A court or arbitrator may modify an overbroad provision only to the extent permitted by applicable law and necessary to make it enforceable.

28.3 No waiver

A waiver must be in writing and applies only to the specific instance identified. Failure to enforce a provision is not a waiver of future enforcement.

28.4 No third-party beneficiaries

This Agreement does not create rights for any person or entity other than the Parties and their permitted successors and assigns.

28.5 Headings

Headings are for convenience and do not affect interpretation.

28.6 Interpretation

“Include,” “includes,” and “including” mean “including without limitation.” References to writing include permitted electronic communications.

This Agreement will not be construed against a Party solely because that Party drafted it.

28.7 Electronic signatures and counterparts

This Agreement may be accepted electronically and executed in counterparts. Electronic acceptance and signatures have the same effect as original signatures.

28.8 Survival

Sections concerning accrued and earned commissions, payout holds, investigations, taxes, confidentiality, data protection, records, intellectual property, indemnification, disclaimers, limitation of liability, disputes, governing law, and provisions that by their nature should survive will remain effective after termination.

29. Acceptance

By affirmatively accepting this Agreement, Partner confirms that:

  1. Partner has read and understood it;
  2. Partner has authority to accept it;
  3. Partner is a United States Person eligible to provide a valid Form W-9;
  4. Partner agrees to comply with all Partner Program requirements; and
  5. Partner has had the opportunity to consult independent legal and tax advisers.
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LEXUL LLC PARTNER PROGRAM AGREEMENT