The Affiliate Program Agreement

Effective date: October 16, 2026

This Affiliate Program Agreement ("Agreement") is entered into between DARB55 ("DARB55," "we," "us," or "our") and the individual or entity applying to participate in the DARB55 Affiliate Program ("Affiliate," "you," or "your"). By applying to, enrolling in, or participating in the Program, you agree to be bound by this Agreement. "Program" means the DARB55 Affiliate Program.

1. Enrollment and Acceptance

To participate, you must submit an application and be approved by DARB55. We may accept or reject any application at our sole discretion, and we are not required to provide a reason. Upon approval, you will receive an affiliate account and a unique referral code and/or referral link ("Referral Code").

You must be at least eighteen (18) years of age and provide accurate, complete, and current information during enrollment and for as long as you remain in the Program. If you apply on behalf of a business, you confirm you are authorized to bind it.

2. How the Program Works

You promote DARB55 products by sharing your Referral Code. Buyers who use your Referral Code to visit the DARB55 store and complete a purchase are credited to you as described in Section 4. "DARB55 store" means the online store at darb55.com. Sales on Etsy or any other marketplace, gift cards, and products not listed in the Rate Schedule earn no commission.

DARB55 may give you a bundle of artwork files at no charge to help you promote the DARB55 store ("Gifted Artwork"). Gifted Artwork is licensed to you, not sold, and only as this Section allows. Artwork you buy is covered by the standard DARB55 Terms of Use and License Agreement. Gifted Artwork is sent only after you have accepted this Agreement.

Permitted use of Gifted Artwork. You may display Gifted Artwork on screens in your own home and at your own place of business (not at a client's home or premises, and not across a chain without our written OK), so long as the purpose is to send buyers to the DARB55 store - for example, with your referral QR code shown beside it. In posts, videos and reviews you may show only the promotional images DARB55 supplies, or photos or video you take yourself, with a camera, of the DARB55 artwork on a screen in its room. Screenshots, screen recordings and the full-size artwork files themselves may never be posted or uploaded. Directing buyers to purchase from the DARB55 store is always permitted.

No resale or commercial use. You may not sell, resell, license, sublicense, give away, share or send the files of, upload to any other store, marketplace or print service, or otherwise use commercially any DARB55 artwork, whether gifted or bought, except to refer buyers to the DARB55 store as described above. You may not modify, crop, edit, or make new works from DARB55 artwork, use it to train or test any artificial-intelligence system, or remove or alter any copyright notice or identifying information in the files. Displaying artwork you bought at your own business, as the Terms of Use allow, is not commercial use under this Agreement.

Consequence. If you resell or commercially use DARB55 artwork, DARB55 may end your participation in the Program immediately, without notice, and forfeit all unpaid commissions; you must then stop displaying and delete all Gifted Artwork. DARB55 keeps every other right and remedy it has.

Being an affiliate grants you no other rights in the artwork. All purchases, payments, downloads, and customer accounts are handled exclusively by DARB55, and every buyer you refer purchases under the DARB55 Terms of Use.

3. Commission

Commission rates are set out in the rate schedule shown in your affiliate account (the "Rate Schedule"). Rates may differ by product and by partner group, and the Rate Schedule may include rates that change on a stated date. For partners in the standard group, the rate for artwork bundles on the effective date is thirty percent (30%) of the net sale price of each Qualifying Purchase.

"Net sale price" means the amount actually paid by the buyer, after any discounts, promotional codes, or sale pricing, and excluding taxes. Commissions are paid on discounted and promotional purchases at the rate shown in the Rate Schedule.

DARB55 may change the commission rate on thirty (30) days' written notice. Changes apply to purchases made after the effective date of the change and do not affect commissions already earned. DARB55 may add new products and their rates to the Rate Schedule at any time; an addition takes effect when it is posted. (This applies despite Section 15.)

4. Qualifying Purchases and Attribution

A "Qualifying Purchase" is a completed, paid purchase from the DARB55 store made by a buyer who used your Referral Code within the attribution window, and which is not subsequently refunded, reversed, or charged back.

Attribution window. A buyer who clicks your Referral Code link, or enters your discount code at checkout, is tracked for forty-five (45) days. Any Qualifying Purchase by that buyer within forty-five days of the click or code is credited to you, whether or not they return through your link.

Last click wins. If a buyer clicks more than one affiliate's link before purchasing, the commission is credited to the affiliate whose link was clicked most recently before the purchase. If a buyer uses a partner's discount code at checkout, that partner is credited, whatever links were clicked.

Exclusions. The following are not Qualifying Purchases:

Purchases made using your own Referral Code by you, your household, or accounts you control;
Purchases that are refunded, reversed, disputed, or charged back;
Purchases made through any coupon, discount, deal or cash-back website, whoever posted the code, unless DARB55 approved it in writing;
Purchases made from clicks that DARB55 determines, at its discretion, to be fraudulent, automated, or generated through prohibited methods.

DARB55's tracking system is the sole and final record of Qualifying Purchases and attribution.

5. Payment

Minimum threshold. Commissions are paid once your accrued, approved balance reaches one hundred dollars ($100.00 USD). Balances below the threshold carry forward to the next period. In the last payment of each calendar year (December), DARB55 pays every approved balance in full, even if it is below $100.

Holding period. Commissions become eligible for payment thirty (30) days after the Qualifying Purchase, to allow for refunds and chargebacks to settle. Any commission associated with a refunded or reversed purchase will be deducted from your balance. If a purchase is refunded or charged back after its commission was paid, we will deduct that amount from future commissions. If there are none, you agree to repay it within 30 days of our request.

Payment schedule and method. Eligible balances at or above the threshold are paid monthly, by the 15th of each month, by electronic payment (such as PayPal) to the account you designate. You are responsible for providing accurate payment details and for any fees charged by your payment provider.

Taxes. You are solely responsible for all taxes on commissions you earn. U.S. affiliates must provide a completed IRS Form W-9 before their first payment. DARB55 will issue any tax forms required by law. Non-U.S. affiliates may be required to provide Form W-8BEN or equivalent.

Reporting. You may view your referrals, Qualifying Purchases, and commission balance through your affiliate account.

6. Affiliate Obligations and Promotional Standards

You agree that you will:

Promote DARB55 products honestly and accurately, without misleading claims about the artwork, pricing, availability, or DARB55;
Disclose your affiliate relationship with DARB55 clearly and conspicuously wherever you share your Referral Code, in compliance with the U.S. Federal Trade Commission's Endorsement Guides and any equivalent laws applicable to you. This means the words "Paid DARB55 Partnership" (or other wording DARB55 approves) at the start of every post, said aloud and shown on screen in videos, and the Official Paid Partner badge or line on printed cards and on screens. DARB55 may review your posts; if you do not fix a missing disclosure promptly when asked, DARB55 may end your participation under Section 11;
Comply with all applicable laws, including anti-spam laws (such as CAN-SPAM), privacy laws, and advertising regulations;
Use only marketing materials, images, and descriptions supplied or approved by DARB55 when depicting the artwork, or photos or video you take yourself, with a camera, of artwork shown on a screen, as Section 2 allows.

You agree that you will not:

Send unsolicited bulk email, text messages, or other communications ("spam") containing your Referral Code;
Use paid search advertising that bids on the "DARB55" name, its variations, or misspellings, or that directs traffic to any page other than the DARB55 store;
Register domain names, social media handles, or business names containing "DARB55" or confusingly similar terms;
Represent yourself as DARB55, an employee of DARB55, or an authorized reseller or distributor;
Offer unauthorized discounts, rebates, or incentives in connection with your Referral Code;
Place your Referral Code on websites containing, or promote DARB55 alongside, adult content, hate speech, violence, illegal activity, or content that could reasonably damage the DARB55 brand;
Use cookie-stuffing, forced clicks, iframes, bots, scripts, or any other technique to generate artificial clicks or attribution;
Post or submit your Referral Code to any coupon, discount, deal or cash-back website, or in the comments of DARB55's own posts or listings;
Open more than one affiliate account, or an account for someone in your household or business who already has one;
Post fake reviews or ratings, or claim earnings you have not made;
Reproduce, copy, download, share, or distribute any DARB55 artwork files, in whole or in part, other than approved promotional images and Gifted Artwork used as Section 2 allows. Displaying artwork you have purchased, as permitted by the Terms of Use, is not restricted by this clause.

7. Limited License to Use DARB55 Marks

For the term of this Agreement, DARB55 grants you a limited, revocable, non-exclusive, non-transferable license to use the DARB55 name, logo, and approved promotional images solely to promote the DARB55 store as permitted by this Agreement. All goodwill arising from your use of the DARB55 marks inures to DARB55. This license terminates automatically when this Agreement ends.

8. Intellectual Property

All DARB55 artwork, marks, marketing materials, website content, and the Program itself are and remain the exclusive property of DARB55. Nothing in this Agreement grants you any ownership interest in any DARB55 intellectual property. Any feedback or suggestions you provide regarding the Program may be used by DARB55 without obligation to you.

Partner materials. The partner cards, ready-to-post pictures, "scan to buy" pages and badges are DARB55's own branded, commercial marketing materials, made by DARB55 and provided for your use only to promote the DARB55 store. They are not licensed to you for any other purpose. You may display them as supplied; you may not edit them, crop them, cut out or extract any picture or part of them, or use them for anything else. Some contain images licensed to DARB55 by third parties, which may be used only within the materials as supplied.

9. Independent Contractor Relationship

You are an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, franchise, or agency relationship between you and DARB55. You have no authority to make offers, representations, warranties, or commitments on behalf of DARB55, or to bind DARB55 in any way. You are responsible for your own expenses, equipment, insurance, and taxes.

10. Confidentiality

Any non-public information you receive about DARB55, including non-public commission rates (such as special or group rates), sales data, upcoming products or promotions, business plans, or customer information, is confidential. You agree not to disclose it to any third party or use it for any purpose other than participating in the Program, during and after the term of this Agreement.

Embargo. DARB55 may tell you about unreleased products or promotions before they are public. You may not publish, post, or discuss any of it, in any form, until DARB55 has announced it publicly, even if a date we gave you has passed.

Your information. We collect your name, contact details, payment details and tax information to run the Program and meet tax law. It is held in our affiliate platform (GoAffPro), Shopify and PayPal, used only for the Program and legal requirements, never sold, and kept only as long as the law requires.

11. Term and Termination

This Agreement begins when your application is approved and continues until terminated.

Termination by either party. Either party may terminate this Agreement at any time, for any reason, by giving written notice (including by email) to the other party.

Immediate termination by DARB55. DARB55 may terminate this Agreement immediately, without notice, if you breach this Agreement, engage in fraudulent or deceptive activity, damage or threaten to damage the DARB55 brand, or violate applicable law. This includes any resale or commercial use of DARB55 artwork (Section 2). DARB55 may withhold commissions connected with a breach, and may forfeit all unpaid commissions in cases of fraud, resale or commercial use of DARB55 artwork, or deliberate misconduct.

Effect of termination. Upon termination, you must immediately stop using your Referral Code, the DARB55 marks, and all DARB55 promotional materials, and stop displaying and delete all Gifted Artwork. Commissions on Qualifying Purchases made before termination (other than those forfeited for breach) will be paid according to Section 5; any balance below the threshold is paid in that year's December payment. The resale and commercial-use restrictions in Section 2, and Sections 4 (last paragraph), 5, 8, 9, 10, 12, 13, 14, 16 and 17 survive termination.

12. Disclaimer of Warranties

The Program, the DARB55 store, the affiliate account, and all tracking and reporting tools are provided "as is" and "as available." DARB55 does not warrant that the Program will be uninterrupted, error-free, or that tracking will capture every referral. To the fullest extent permitted by law, DARB55 disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law, DARB55's total liability to you under or in connection with this Agreement shall not exceed the total commissions paid to you in the twelve (12) months preceding the claim, plus any earned commissions not yet paid. DARB55 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost revenue, even if advised of the possibility.

14. Indemnification

You agree to defend, indemnify, and hold harmless DARB55 and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your promotional activities, your breach of this Agreement, your violation of any law or third-party right, or any content you publish.

15. Modifications to the Program or Agreement

DARB55 may modify this Agreement or the Program at any time by posting the revised Agreement and providing notice by email to the address on your affiliate account. Material changes take effect thirty (30) days after notice; other changes take effect upon posting. Your continued participation after the effective date constitutes acceptance. If you do not agree, your sole remedy is to terminate this Agreement.

16. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Michigan, without regard to its conflict-of-law provisions. Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Macomb County, Michigan, and you consent to the personal jurisdiction of those courts.

17. General Provisions

Entire agreement. This Agreement, together with the DARB55 Terms of Use and any Program guidelines DARB55 publishes, is the entire agreement between the parties regarding the Program and supersedes all prior discussions.

Assignment. You may not assign or transfer this Agreement or your affiliate account without DARB55's written consent. DARB55 may assign this Agreement freely.

Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.

Waiver. DARB55's failure to enforce any provision is not a waiver of its right to do so later.

Notices. Notices to DARB55 must be sent to the email address below. Notices to you will be sent to the email address on your affiliate account.

Electronic acceptance. You agree that clicking "I agree," submitting an application, or using your Referral Code constitutes your electronic signature and acceptance of this Agreement.

18. Contact

Questions about the Affiliate Program may be directed to:

DARB55 Affiliate Program

dennis@darb55.com

darb55.com

By enrolling in the DARB55 Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Affiliate Program Agreement.