Marketing Affiliate Program Terms and Conditions

Effective Date: May 15, 2025

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This Zylen Affiliate Program Agreement (the “Agreement”) is a contract between you (the “Affiliate”) and Jersey AI Labs LLC (“we”, “us”, “our”, and “Zylen”) and applies to your participation in our marketing affiliate program (the “Affiliate Program”). By participating in the Program, you agree to be bound by these Terms.

Affiliate Eligibility & Acceptance

To participate in the Program, you must:

  • Be at least 18 years old.
  • Have an active and verified account on zylen.ai
  • Comply with these Terms and all applicable laws.

Referral Mechanics

Upon registration, each user — whether an affiliate or a regular subscriber — will be assigned a unique referral link.

When a new user signs up using your referral link and becomes an active, paying customer, you will become eligible to earn a commission. The referral system tracks sign-ups and activity through this unique link, and commissions are attributed based on successful conversions.

Your referral link must be used correctly to ensure proper tracking and attribution. We are not responsible for referrals that are not properly tracked due to the incorrect use or modification of referral links.

Commission & Payment

As a participant in the Zylen Affiliate Program, you will earn a lifetime 15% commission on all qualifying purchases made by users who sign up through your unique referral link and maintain an active, paid subscription.

“Lifetime” means you will continue to receive commissions for as long as the referred user maintains an active, paying account with Zylen.

Commission & Payment Details:

a. Commission Structure & Payment Schedule

  • You will receive a lifetime 15% commission on all qualifying purchases made by users referred through your unique affiliate link.
  • “Lifetime” refers to the duration that the referred user maintains an active, paying subscription with Zylen.

  • Your commission will be paid on the same schedule as the referred customer’s billing cycle:

    • If the customer pays monthly, you will receive monthly commission payments.
    • If the customer pays annually, your commission will be paid annually, corresponding with that customer’s renewal.
    • If a customer upgrades or downgrades, your commission will be adjusted accordingly based on the new payment amount and schedule.
  • Commissions are calculated based on net revenue, excluding taxes, discounts, refunds, chargebacks, and transaction fees.

b. Payout & Withdrawal Terms

  • Minimum withdrawal threshold: $50. Earnings below this threshold will carry over to the next period.
  • Payout frequency: Monthly (or annually, depending on the referred customer’s billing cycle).
  • Payout method: PayPal only. Affiliates are responsible for maintaining accurate and up-to-date PayPal account details.
  • Zylen reserves the right to deduct or reclaim commissions in cases of refunds, chargebacks, cancellations, fraud, or violations of this Agreement — even after commissions have been paid.

c. Eligibility Criteria

To qualify for commissions:

  • The referred lead must be a new user (not previously an active customer within the past 60 days).
  • The lead must sign up and purchase within 14 days of clicking your affiliate link.
  • The customer must remain active through any required locking period, as defined in the Affiliate Tool or Program Policies.
  • Affiliate activity must comply with all relevant laws, and the commission must not be prohibited under local or international regulations.

d. Disqualification Conditions

  • You are not eligible for commission payments if:
  • The lead or sale is self-referred, fraudulent, or was not generated via your official affiliate link.
  • The customer disputes the referral or compensates you directly.
  • You violate the Affiliate Program policies, abuse tracking tools, or manipulate cookies.
  • We, at our sole discretion, determine that the transaction breaches the spirit or integrity of the Affiliate Program.

e. Cookie Attribution

In cases where a customer is referred by multiple affiliates, Zylen will attribute the commission to the most recent valid cookie. Final determination of commission eligibility in competitive or ambiguous situations rests solely with Zylen.

Referral Link Sharing Guidelines

To maintain integrity, compliance, and alignment with Zylen’s brand and values, Affiliates must adhere strictly to the following sharing guidelines when promoting Zylen through their referral links.

1. Mandatory Disclosure

On any website, landing page, or content where you promote Zylen products or services, you must clearly and conspicuously disclose your relationship with Zylen. This disclosure must be visible without the need to click any links or read fine print. An example disclosure:
Disclosure: I am an independent Zylen Affiliate, not an employee. I receive referral payments from Zylen. The opinions expressed here are my own and are not official statements of Zylen.ai or Jersey AI Labs.

2. Paid Advertising (e.g., Google Ads, Bing)

  • Do not bid on branded keywords or misspellings/variations of Zylen trademarks such as “Zylen”, “Zylen.ai”, “Zylen ai”, etc.
  • Do not use deceptive or misleading ad copy.
  • Do not imply that your ad is officially from Zylen.
Required action: Set negative keywords for:
  • “Zylen”
  • “Zylen.ai”
  • “Zylen ai”
If any referral is found to have originated from paid traffic using Zylen-branded keywords, commissions will be forfeited, and your affiliate link may be deactivated.

3. Social Media Promotion

When promoting Zylen on platforms such as Instagram, YouTube, Facebook, Twitter/X, or others:
  • Include a clear disclosure (see Section 1) in every post or video.
  • Comply with all FTC endorsement guidelines.
  • Follow the rules of each platform you advertise on.

4. Income & Earnings Claims

You are strictly prohibited from making any express or implied claims that:
  • Using Zylen guarantees income or business success.
  • Zylen is a business-in-a-box, franchise, or turnkey solution.
If you share personal income results, you must:
  • Ensure all statements are truthful and supported by evidence.
  • Include this disclaimer in a clear, visible manner:
These were my results. Your results will vary based on a variety of factors including your education, effort, and market conditions. There is no guarantee you will make any money.
False or misleading claims will result in immediate removal from the program.

5. Compliance with Zylen Policies

By participating in the Affiliate Program, you agree to comply with the following Zylen policies:

Violations may lead to suspension, termination, and forfeiture of any pending commissions.

6. Program Policies and Advertising Rules

All Affiliates must adhere to the following general rules and policies to remain in good standing with the Zylen Affiliate Program:

  • Competing Ads: You may not purchase ads that direct to your website(s) or through an Affiliate Link that could be considered as competing with Zylen’s own advertising. This includes but is not limited to bidding on branded keywords such as “Zylen”, “Zylen.ai”, or “Zylen AI”.
  • Negative Keywords Required: If you run search ads on Google or Bing, you must set negative keywords for:
    • “Zylen”
    • “Zylen.ai”
    • “Zylen AI”
  • Cookie Stuffing & Pop-ups: Techniques like cookie stuffing, pop-ups, hidden frames (iframes), or misleading links are strictly prohibited.
  • Spam & Consent: You must not send unsolicited emails or direct messages on social media. You may only contact individuals who have explicitly opted in to be contacted regarding Zylen.
  • Masking URLs: You may not attempt to mask or obscure the referring URL information in any way.
  • Disparagement: You must not make negative or disparaging remarks about Zylen, our products or services, or those of any competitor.
  • Self-Referral Ban: You may not use your own Affiliate Link to purchase Zylen products for your own use.
  • Lead Quality Standards: You may only use genuine, consumer-intended mechanisms to deliver leads. Forbidden methods include:
    • Purchasing or compiling lists of personal data (e.g., phonebooks)
    • Fake redirects or automation tools (robots, iframes, hidden frames)
    • Offering monetary or other incentives in exchange for purchases or signups

Failure to comply with these policies may result in your removal from the program and forfeiture of any unpaid commissions.

Governing Law and Compliance

Compliance with Laws

Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including but not limited to:

  • Deceptive and misleading advertising laws
  • Email marketing laws, including the CAN-SPAM Act (15 U.S.C. § 7701)
  • Data protection laws such as:
    • European Union General Data Protection Regulation (GDPR)
    • U.K. Data Protection Act
    • California Consumer Privacy Act (CCPA)
    • Brazilian General Data Protection Regulation (LGPD)
  • FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)
  • All applicable FTC marketing and advertising guidelines

Affiliates are strictly prohibited from making claims about Zylen products or services that are inconsistent with, or go beyond, Zylen’s official marketing materials available at www.Zylen.ai.

Affiliates are also prohibited from:

  • Advertising via telemarketing, fax, or SMS/text messaging in any form to any device
  • Offering monetary incentives (e.g., cash, reward points, prizes) in exchange for ad responses

Affiliates may provide prospects with useful and tangible informational materials (e.g., templates, marketing guides), provided the materials are accurately described and genuinely delivered.

Zylen reserves the exclusive right to determine whether an Affiliate’s conduct or advertisements are compliant with all laws and this Agreement.

Opt-Out and Unsubscribing

Affiliates must promptly honor all opt-out, unsubscribe, “do not call,” and “do not send” requests. Affiliates are required to maintain systems and procedures to effectively manage and honor such requests throughout the term of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to conflict of law principles. The parties agree that any legal action or proceeding relating to this Agreement shall be brought exclusively in the courts located in Jersey City, New Jersey, USA.

Affiliate Representations, Warranties, and Covenants

Representations and Warranties. You represent and warrant that:

  • You have all necessary rights and permissions to participate in the Affiliate Program and to provide Zylen with Affiliate Leads for sales and marketing use, as outlined in this Agreement;
  • The information submitted during your application was, and remains, truthful and accurate;
  • Your participation in this Affiliate Program does not conflict with any existing agreements or obligations; and
  • You own or have sufficient rights to use, and to grant us the right to use, your trademarks, service marks, and logos (“Affiliate Marks”).

Covenants. You agree to:

  • Comply with all applicable rules outlined in the Program Policies and Advertising Rules (see Appendix A);
  • Adhere to any trade or regulatory requirements that apply to your participation, including clearly disclosing your affiliation with Zylen on any promotional properties; and
  • Accurately disclose all websites and domains you own that will feature Affiliate Links, using the Affiliate Tool.

Proprietary Rights

Zylen’s Proprietary Rights. This Agreement does not grant any license to our software. All Zylen Products and Content are protected by intellectual property laws and remain the sole property of Zylen or its licensors. You may not copy, rent, lease, sell, distribute, or create derivative works based on Zylen Products or Content without express written authorization.

By providing feedback or suggestions, you agree that such input is non-confidential and that Zylen may freely use and incorporate it without compensation.

Customer’s Proprietary Rights. Customers retain all rights to access and use their portal and associated data. Customer Data is owned and controlled by the Customer.

Trademarks. You grant Zylen a non-exclusive, royalty-free right to use your Affiliate Marks in connection with the Affiliate Program. If we provide Zylen trademarks for use in the Affiliate Tool, you may use them under the following conditions:

  • Use only the provided images without modification;
  • Use the marks solely in connection with the Affiliate Program;
  • Comply with our Brand Style Guide (when made available to you via the Affiliate Tool or by written communication); and
  • Immediately cease use if requested by Zylen.

You must not:

  • Use Zylen trademarks in a misleading or defamatory way;
  • Imply endorsement or sponsorship by Zylen without permission;
  • Use Zylen marks in connection with any unlawful or inappropriate content.

Confidentiality

“Confidential Information” includes all information disclosed by either party that is designated as confidential, including Zylen customer and prospect data.

Exclusions include information that:

  • Is or becomes public through no fault of the Receiving Party;
  • Was known to the Receiving Party prior to disclosure without breach of obligation.

The Receiving Party agrees to:

  • Protect the confidentiality using reasonable care;
  • Not use Confidential Information outside this Agreement’s scope;
  • Not disclose Confidential Information to third parties, except as required by law.

Indemnification

You agree to indemnify and hold Zylen harmless against any third-party claim arising from:

  • Your participation in the Affiliate Program;
  • The data you provide;
  • Your breach of this Agreement;
  • Your use of the Affiliate Tool;
  • Zylen’s use of your Affiliate Marks.

Zylen will:

  • Notify you within 30 days of any claim;
  • Allow you to control the defense/settlement;
  • Provide reasonable assistance at your expense.

You may not settle any claim that imposes obligations on Zylen or implies admission of fault without written consent.

Disclaimers and Limitations of Liability

Disclaimer of Warranties. Zylen makes no warranties regarding the performance or availability of the Zylen Products, Content, Affiliate Program, or Affiliate Tool. They are provided “as is” and Zylen disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

No Indirect Damages. To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages, including lost profits.

Limitation of Liability. Zylen’s total liability will not exceed the total Commission you earned from qualifying transactions in the 12 months preceding the event giving rise to the claim.

Affiliate Tool. Zylen disclaims any liability related to the Affiliate Tool and does not guarantee its availability.

Cookie Duration. If a potential customer clears cookies, Zylen is not responsible for unpaid commissions.

Term and Termination

Term. This Agreement remains in effect while you participate in the Affiliate Program unless terminated.

Termination Without Cause. Either party may terminate with seven (7) days written notice.

Termination for Changes. If Zylen modifies this Agreement, you may terminate within ten (10) days of notice, effective after five (5) days’ written notice.

Termination for Cause. Zylen may terminate immediately if you:

  • Breach this Agreement or your Zylen subscription terms;
  • Become insolvent or file bankruptcy;
  • Negatively affect Zylen’s brand or customers.

Automatic Termination. This Agreement will automatically terminate if no Commission is earned over a 12-month period.

Effects of Termination. Upon termination:

  • Valid commissions earned up to 30 days post-termination may still be paid;
  • All use of Zylen trademarks and Affiliate Tools must cease;
  • No commissions are owed if terminated for cause or due to your voluntary termination without cause.

General

Miscellaneous. Texas law governs this Agreement; jurisdiction is in Austin, Texas. Delays or failure to enforce any provision do not waive rights. Neither party is liable for force majeure events. No joint venture, employment, or agency relationship is created. You agree to comply with all applicable laws, including export regulations and OFAC sanctions. If a provision is deemed invalid, the rest remains in force. This Agreement is the entire agreement and supersedes any other oral or written agreements.

This Agreement is in English; translations (if provided) are for convenience only. You may not assign or transfer this Agreement without Zylen’s prior written consent.

Notices. Notices should be sent to:

  • Zylen AI, Inc.: affiliates@Zylen.ai
  • You: Your registered email address on file

Data Processing. Both parties agree to process Personal Data in compliance with applicable data protection laws. If Zylen provides a formal Data Processing Agreement, its terms shall apply upon delivery in writing.

Additional Provisions

Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

  • “Affiliate Lead” means a potential customer referred by the Affiliate via the Affiliate Tool.
  • “Affiliate Tool” means the software platform or dashboard provided by Zylen for managing the Affiliate’s account, tracking referrals, and accessing promotional materials.
  • “Customer Data” means any information collected from or about a referred customer in connection with their use of Zylen’s products or services.
  • “Program Policies” refers to Zylen’s rules, guidelines, and promotional restrictions for the Affiliate Program as described in Appendix A.

Modification of Agreement

Zylen reserves the right to modify the terms of this Agreement at any time. Any such modifications will be effective upon notice to the Affiliate, which may be provided through the Affiliate Tool or by email. Continued participation in the Affiliate Program following such notice shall constitute acceptance of the modified terms.

Survival

The rights and obligations of the parties under this Agreement that by their nature should survive termination, including but not limited to provisions regarding Confidentiality, Indemnification, Limitation of Liability, Proprietary Rights, and General Provisions, shall survive the termination or expiration of this Agreement.

Appendices and Linked Policies

The following documents are incorporated by reference and form an integral part of this Agreement:

  • Appendix A: Program Policies and Advertising Rules
  • Zylen Brand Style Guide – provides required branding and usage guidelines
  • Data Processing Agreement (DPA) – governs the processing of any personal data shared or collected

These documents may be updated by Zylen from time to time and are available through the Affiliate Tool or upon written request.

Training and Support

We may make available to you, without charge, various webinars and other resources as part of our Affiliate Program. If we make such resources available to you, you agree to encourage your sales representatives and/or other relevant personnel to participate in training sessions and/or other certifications as recommended by us. We reserve the right to change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.

Complaint Notification

Affiliate must notify Zylen of any complaint received regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to affiliates@zylen.ai.