Affiliate Agreement

Last updated: 26-06-04

Welcome to ModMount’s affiliate terms and conditions (“Affiliate Agreement”).

1. Overview

MODMOUNT LLC (“ModMount,” “we,” “us,” or “our”), a Pennsylvania limited liability company, operates a free affiliate marketing program for eligible firearms industry businesses, creators, instructors, ranges, and individuals.

This Agreement governs the relationship between ModMount and each approved affiliate (“Affiliate,” “you,” or “your”), including eligibility, activation, commission structure, payment terms, disclosure requirements, prohibited activity, and termination rights.

The affiliate program has one commission structure:

10% customer referral commission on eligible referred customer orders.
10% recruiting revenue share for six months from each direct recruit’s activation.
No subscription fee.

Participation is by approval only. Submitting interest, calling ModMount, booking onboarding, or sharing business information does not create an affiliate relationship until ModMount approves you and completes activation.

2. Definitions

“Activation” means the date and time when ModMount approves you, completes onboarding, issues your unique referral code, and grants affiliate dashboard access.
“Affiliate” means an approved individual or business entity participating in the ModMount affiliate program under this Agreement.
“Clawback” means a deduction from future commissions when a customer receives a refund, chargeback, reversal, order correction, or other post-payment adjustment after commission has been credited or paid.
“Commission” means a percentage-based payment to an Affiliate for eligible referred customer orders.
“Customer” means an individual, business, government agency, department, team, or other buyer purchasing eligible ModMount services.
“Direct Recruit” means an approved Affiliate who identified you as the referring Affiliate before activation and who ModMount attributes to you in its records.
“FTC” means the United States Federal Trade Commission.
“ModMount” means MODMOUNT LLC.
“Order Total” means the customer amount eligible for commission after discounts and excluding sales tax, shipping, shipping insurance, expedited processing, third-party pass-through charges, refunded amounts, chargebacks, and any amount ModMount reasonably excludes as non-commissionable.
“Referral” means a customer order attributed to you through your unique referral code, approved tracking method, or other attribution method accepted by ModMount.
“Recruiting Revenue Share” means your percentage-based share of eligible customer referral orders generated by your Direct Recruit during the six-month revenue share period.

3. Enrollment, Approval & Activation

3.1 Eligibility

ModMount may approve or reject any prospective Affiliate in its sole discretion. Eligibility factors may include business fit, audience relevance, compliance posture, industry reputation, marketing practices, customer alignment, and any legal, operational, or brand concern ModMount considers relevant.

3.2 Onboarding

Approved applicants must complete onboarding before activation. Onboarding may include:

Business and contact verification.
W-9 collection and tax setup.
Payout setup.
Review of FTC disclosure requirements.
Review of ModMount services, referral code use, and customer attribution.
Affiliate dashboard setup.

3.3 Activation

No Affiliate rights, commissions, dashboard access, recruiting revenue share, or payout obligations begin until Activation. ModMount may delay, deny, or revoke Activation if required information is missing, inaccurate, incomplete, or raises legal, compliance, operational, or brand concerns.

4. Customer Referral Commission

4.1 Commission Rate

Affiliates earn 10% of eligible Order Total for customer orders attributed to the Affiliate.

Examples:

$500 eligible Order Total x 10% = $50 commission.
$8,000 eligible Order Total x 10% = $800 commission.

4.2 Eligible Orders

Eligible orders may include taxable and tax-exempt ModMount service orders when the order is properly attributed to the Affiliate and not excluded under this Agreement.

ModMount may exclude orders that are refunded, charged back, fraudulent, duplicate, cancelled, internally adjusted, misattributed, prohibited by law, or generated through prohibited activity.

4.3 Attribution

Attribution depends on ModMount’s records. The primary attribution method is the Affiliate’s unique referral code. ModMount may also recognize another approved tracking method when confirmed in writing or recorded in ModMount systems.

If multiple parties claim the same customer or order, ModMount’s attribution records control unless ModMount determines that correction is required.

Affiliates earn 10% of eligible Order Total generated by each Direct Recruit’s customer referrals for six months after that Direct Recruit’s Activation.

Recruiting Revenue Share applies only to Direct Recruits. It does not create multi-level, downline, network, or chain compensation beyond the direct relationship ModMount records.

5.2 Direct Recruit Qualification

A recruit qualifies as a Direct Recruit only when all of the following are true:

The recruit identifies you as the referring Affiliate before Activation.
ModMount approves the recruit.
The recruit completes onboarding and Activation.
ModMount records the recruit as your Direct Recruit.

Recruiting Revenue Share is calculated independently from the Direct Recruit’s own customer referral commission. It applies only to eligible customer referral orders generated by the Direct Recruit during the six-month revenue share period.

Revenue share may be reversed, withheld, adjusted, or clawed back for refunds, chargebacks, fraud, misattribution, prohibited activity, termination, suspension, or other order corrections.

6. Dashboard, Tracking & Reporting

ModMount may provide dashboard access for referral tracking, commissions, payout history, refunds, and related records. Dashboard data is provided for operational convenience and may lag payment processors, accounting records, refunds, chargebacks, or manual corrections.

ModMount’s internal records control commission eligibility, attribution, and payout decisions. If you believe a referral or commission is missing, you must notify ModMount with supporting details within 30 days of the relevant customer order.

7. Payouts, Taxes & Clawbacks

7.1 Payout Timing

Eligible commissions are reviewed and paid monthly after reconciliation. ModMount may delay payment when required to review refunds, chargebacks, fraud indicators, attribution disputes, incomplete tax information, payout setup issues, or suspected Agreement violations.

7.2 Taxes

Affiliates are independent contractors responsible for all federal, state, local, and other taxes arising from commission payments. ModMount may require a completed IRS Form W-9 before payout and may issue IRS Form 1099-NEC or other required tax reporting forms when applicable.

7.3 Payment Information

Affiliates must provide accurate payout information. ModMount is not responsible for payment delays or losses caused by inaccurate, incomplete, expired, or unauthorized payout details supplied by the Affiliate.

7.4 Clawbacks

Commissions are subject to clawback for refunds, chargebacks, reversals, duplicate payments, fraud, order cancellation, attribution correction, prohibited activity, or payment processor adjustment. ModMount may deduct clawbacks from future commissions or request repayment when future commissions are insufficient.

8. FTC Compliance & Disclosures

Affiliates must clearly and conspicuously disclose their relationship with ModMount whenever promoting ModMount, sharing referral codes, publishing reviews, recommending services, recruiting affiliates, or making any compensated endorsement.

Disclosures must be understandable to the audience and placed where the audience will see them before acting on the recommendation. Examples include “I earn a commission if you use my ModMount code” or “Affiliate link/code.”

Affiliates must comply with all applicable FTC rules, advertising laws, email marketing laws, platform rules, and industry-specific requirements. Affiliates may not make false, misleading, unsupported, exaggerated, or deceptive claims about ModMount, its services, timing, pricing, guarantees, legality, compatibility, or results.

9. Prohibited Activity

Affiliates must not:

Use misleading, deceptive, illegal, or high-pressure marketing.
Misrepresent ModMount services, pricing, timelines, discounts, guarantees, legal compliance, or customer outcomes.
Claim to speak for ModMount without written authorization.
Use spam, scraped lists, purchased lists, robocalls, unsolicited text messages, or unlawful email marketing.
Bid on ModMount trademarks, confusingly similar terms, or prohibited paid-search placements without written approval.
Use fake orders, self-referrals, circular referrals, coupon abuse, fabricated recruits, duplicate identities, or other gaming behavior.
Redirect, intercept, overwrite, or manipulate another Affiliate’s attribution.
Promote ModMount to prohibited possessors or in any way that creates firearm handling, legal, safety, or compliance risk for ModMount.
Collect customer personal data for ModMount without clear disclosure, consent where required, and secure handling.
Sell, share, misuse, or retain customer data for non-ModMount purposes.
Use ModMount intellectual property outside approved promotional use.
Disparage ModMount to divert customers or affiliates to a competing service.

ModMount may withhold commissions, reverse commissions, suspend access, terminate participation, and pursue available remedies for prohibited activity.

10. Termination & Suspension

10.1 Termination By Either Party

Either party may end the affiliate relationship at any time by written notice. Termination ends future referral rights, recruiting rights, dashboard access, and permission to use ModMount intellectual property.

10.2 Termination For Cause

ModMount may terminate immediately for suspected or confirmed fraud, prohibited activity, legal risk, brand risk, compliance failures, misuse of customer data, false claims, tax or payout issues, failure to complete required onboarding, or breach of this Agreement.

10.3 Effect Of Termination

After termination, ModMount may pay eligible earned commissions that were properly generated before termination, subject to reconciliation, clawbacks, disputes, and prohibited activity review. ModMount may withhold or forfeit commissions tied to fraud, breach, misattribution, unlawful activity, or unresolved compliance concerns.

10.4 Suspension

ModMount may suspend an Affiliate account while reviewing compliance, attribution, tax, payout, customer, security, or operational concerns. During suspension, ModMount may pause commissions, payouts, dashboard access, referral code use, and recruiting credit.

11. Independent Contractor Status

Affiliates are independent contractors. Nothing in this Agreement creates an employment relationship, franchise, joint venture, agency, fiduciary relationship, or authority to bind ModMount.

Affiliates control their own marketing methods, subject to this Agreement and applicable law. Affiliates are responsible for their own expenses, taxes, licenses, insurance, equipment, staff, contractors, compliance, and business operations.

ModMount does not guarantee earnings. Actual income depends on the Affiliate’s own lawful referral activity, audience, execution, customer demand, and ModMount’s eligibility and attribution rules.

12. Intellectual Property & Brand Use

ModMount owns its names, trademarks, logos, service marks, website content, images, copy, product information, designs, and other intellectual property.

During active participation, ModMount grants Affiliate a limited, revocable, non-exclusive, non-transferable license to use approved ModMount materials solely to promote ModMount under this Agreement. ModMount may revoke this permission at any time.

Affiliates may not alter ModMount marks, imply ownership, register confusingly similar domains or handles, create unauthorized websites, use misleading ads, or present themselves as ModMount employees or official company representatives.

13. Data Protection

Affiliates must handle customer and prospect information lawfully, securely, and only for the purpose disclosed to the customer or prospect. Affiliates must not sell customer data, share it with unauthorized third parties, retain it longer than needed, or use it for unrelated marketing without proper consent.

If an Affiliate suspects unauthorized access, disclosure, misuse, or loss of customer or ModMount information, the Affiliate must notify ModMount promptly.

14. Limitation Of Liability & Indemnification

To the maximum extent allowed by law, ModMount will not be liable for indirect, incidental, consequential, punitive, special, exemplary, or lost-profit damages arising from the affiliate program.

ModMount’s maximum liability under this Agreement is limited to unpaid eligible commissions owed to Affiliate for properly attributed customer orders during the three months before the event giving rise to the claim, excluding amounts subject to clawback, dispute, suspension, fraud review, or prohibited activity review.

Affiliate agrees to indemnify, defend, and hold harmless ModMount and its owners, employees, contractors, agents, and affiliates from claims, damages, liabilities, costs, and expenses arising from Affiliate’s breach of this Agreement, marketing activity, legal violations, FTC violations, tax obligations, data misuse, intellectual property misuse, customer claims caused by Affiliate conduct, or unauthorized representations about ModMount.

15. Dispute Resolution & Governing Law

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules.

Before filing any legal action, the parties will make a good-faith effort to resolve disputes informally. A party must send written notice describing the dispute, requested resolution, and supporting facts. The parties will allow at least 30 days for informal resolution unless emergency injunctive relief is required.

If informal resolution fails, any dispute will be brought in the state or federal courts with jurisdiction over Berks County, Pennsylvania, unless applicable law requires another venue.

16. General Provisions

16.1 Changes To Program Or Agreement

ModMount may update this Agreement, commission rules, eligibility requirements, operational processes, payout timing, tracking methods, or program availability. Material changes will apply prospectively unless required by law, fraud prevention, compliance, security, or operational necessity.

16.2 Assignment

Affiliate may not assign, transfer, delegate, subcontract, or sell rights under this Agreement without ModMount’s prior written consent. ModMount may assign this Agreement in connection with a merger, acquisition, reorganization, asset sale, or business transfer.

16.3 Severability

If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.

16.4 Entire Agreement

This Agreement is the entire agreement between ModMount and Affiliate regarding the affiliate program and replaces all prior affiliate program statements, messages, drafts, pricing pages, checkout language, or discussions.

16.5 Survival

Sections involving taxes, clawbacks, prohibited activity, intellectual property, data protection, limitation of liability, indemnification, disputes, governing law, and any payment reconciliation obligations survive termination.

17. Acknowledgement

By completing Activation, using a ModMount referral code, accessing the affiliate dashboard, recruiting affiliates, or accepting commission payments, Affiliate acknowledges that Affiliate has read, understood, and agrees to this Agreement.