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AFFILIATE PROGRAM AGREEMENT

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This Affiliate Program Agreement (“Agreement”) is made and entered into by and between VAIL Audio, hereinafter referred to as the “Company,” and the individual or entity checking the “Accept Our Terms & Conditions” check box and submitting the “Become an Affiliate” form, hereinafter referred to as the “Affiliate.”

1. Definitions

a. “Affiliate” refers to the individual or entity participating in the affiliate program as outlined in this Agreement.

b. “Company” refers to VAIL Audio, the provider of exceptional audio products and services.

c. “Products” refers to any audio products and services offered for sale by the Company.

2. Program Description

The Company operates an affiliate program through which Affiliates can actively promote and refer potential customers to the Company’s products. In return, Affiliates will receive a commission as outlined below.

3. Commission Structure and Buyer Incentive

a. For every eligible sale referred by the Affiliate, the Company agrees to pay a commission equivalent to 10% of the total sales price. This commission applies to both the initial purchase and any subsequent purchases made by the referred customer in perpetuity.

b. As an added incentive for the referred buyers, they will also receive a 10% discount on their first purchase from the Company, using the unique referral code provided by the Affiliate.

4. Affiliate Responsibilities

a. The Affiliate agrees to actively promote the Company’s products through diverse marketing channels, utilizing the provided web address, QR code, marketing signage, and digital artwork.

b. All promotional activities conducted by the Affiliate will adhere to ethical standards and remain compliant with all applicable laws and regulations.

c. The Affiliate is prohibited from engaging in any misleading or deceptive marketing practices that could negatively impact the reputation of the Company.

5. Payment and Tracking

a. The Company will track referrals and sales through a distinctive tracking code assigned to the Affiliate.

b. Commissions earned will be paid out on a regular basis, typically on a monthly schedule. The Company retains the right to establish a minimum payout threshold, below which commissions will accrue until reaching the threshold.

c. Payment of commissions will be facilitated using the payment method agreed upon by the Company and the Affiliate.

6. Termination

a. Either party may terminate this Agreement at any time by providing written notice.

b. If the Agreement is terminated due to a breach of its terms by the Affiliate, any outstanding commissions may be forfeited.

7. Confidentiality

Both parties acknowledge their commitment to maintaining the confidentiality of any non-public information acquired during the term of this Agreement.

8. Independent Contractor Relationship

The relationship between the Company and the Affiliate is one of independent contractors. The Affiliate is not authorized to act on behalf of the Company as an employee, partner, or representative.

9. Amendments

Any amendments to this Agreement must be made in writing and duly signed by both parties.

10. Governing Law and Jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of California, without regard to its conflict of law principles.

11. Entire Agreement

This Agreement constitutes the full understanding between the parties and supersedes any prior agreements, understandings, or representations.

By checking the “Accept Our Terms & Conditions” check box and submitting the “Become an Affiliate” form, both parties acknowledge and accept the terms and conditions outlined in this Affiliate Program Agreement.

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