Dapta Affiliate Program Terms and Conditions
This Dapta Affiliate Agreement (“Agreement”) is entered into by and between Dapta Inc (“Dapta”), a Delaware Corporation specializing in API and Al integrations and automations, and the undersigned Dapta Affiliate (“Dapta Affiliate”), collectively referred to as the “Parties.”
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which Dapta Affiliate may refer potential customers (“Customers”) to Dapta for the purpose of purchasing Dapta’s services, and in return, receive a commission based on the Customers’ consumption of Dapta services.
2. Dapta Services and Pricing
Dapta’s services and pricing are detailed on the Dapta website at https://www.dapta.ai/pricing. Pricing is based on the amount a user consumes the platform.
Dapta Affiliates will be notified of pricing changes, but such changes may occur indiscriminately and without prior notice.
3. Commission Structure
Dapta Affiliate shall receive compensation for each Customer referred to Dapta under the following terms:
- Revenue Share: The Dapta Affiliate shall receive thirty percent (30%) of the Customer’s monthly usage-based fees for a period of twelve (12) months from the date of the Customer’s initial payment, or until the Customer terminates their account, whichever occurs first. For the purposes of this Agreement, a Customer shall be considered “active” in any given month only if they have paid their monthly invoice in full for that month.
- Commission Cessation: Commission payments shall cease if the Customer churns.
4. Exclusions
No commission will be paid for Customers who:
- Already had a Dapta account prior to the referral.
- Had entered their information into any Dapta lead acquisition form.
- Had had a meeting with a Dapta sales representative.
5. Payment Terms
- Payment Schedule: Commission payments will be made to Dapta Affiliate up to thirty (30) days after the Customer has paid their monthly bill in full.
- Payment Method: Payments will be made via bank transfer.
- Payment Conditions: Commissions are contingent upon the full payment of the monthly bill by the Customer. In the event of partial payment, commission amounts will be adjusted accordingly.
6. Term and Termination
This Agreement shall commence on the Effective Date and shall continue in effect until terminated by either party with thirty (30) days’ written notice.
7. Confidentiality
Both parties agree to keep the terms of this Agreement and any proprietary information exchanged between them confidential.
8. Independent Contractor
The Dapta Affiliate is an independent contractor and is not considered an employee of Dapta.
9. Governing Law
This Agreement shall be governed by the laws of the State of Delaware.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
11. Contract Modifications
Any modifications to this Agreement must be made in writing and signed by both Dapta and the Dapta Affiliate. Oral agreements or understandings not formally incorporated into this Agreement shall have no force or effect.
12. Non-Competition
The Dapta Affiliate agrees not to engage in, or assist others in engaging in, any business activities that are directly competitive with the business of Dapta during the term of this Agreement and for a period of one (1) year following its termination.
13. Limitation of Liability
Dapta shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Dapta has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
14. Intellectual Property Rights
All intellectual property rights in or arising out of or in connection with the services provided by Dapta (other than intellectual property rights in any materials provided by the Dapta Affiliate) shall be owned by Dapta. The Dapta Affiliate acknowledges that all trademarks, trade names, service marks, logos, and other intellectual property rights used by and associated with Dapta are and shall remain the sole property of Dapta. The Dapta Affiliate shall not use, register, or attempt to register any trademarks, trade names, service marks, logos, or other intellectual property rights that are identical to, confusingly similar to, or incorporate any of those of Dapta without Dapta’s prior written consent.
The Dapta Affiliate grants Dapta a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display any content, posts, or materials created by the Affiliate in connection with promoting Dapta, including for use in Dapta’s own advertising, marketing campaigns, and promotional materials, in any media now known or hereafter developed. The Dapta Affiliate agrees that Dapta may edit such materials as needed for marketing purposes, provided that such edits do not materially misrepresent the Affiliate’s statements.
The Dapta Affiliate agrees to immediately cease any use or display of Dapta’s intellectual property upon request by Dapta or upon termination of this Agreement.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The effective date of this Agreement shall be the date on which the Dapta Affiliate submits their application to join the program.