Creator & Affiliate Program Agreement
This Creator & Affiliate Program Agreement (this "Agreement") is entered into by and between Mirrored, operated by David Shontz, a sole proprietor located in the State of Florida ("Mirrored," "we," "us," or "our") and the individual or entity accepting this Agreement ("Creator," "you," or "your"), and governs participation in the Mirrored Creator & Affiliate Program (the "Program"). By indicating acceptance at account registration, by submitting a Program application, or by otherwise participating in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement supplements, and incorporates by reference, the Mirrored Terms of Service and Privacy Policy; in the event of a conflict concerning the Program, this Agreement controls. Participation is void where prohibited by applicable law.
1. Eligibility; Application; Approval
Participation in the Program is limited to persons at least eighteen (18) years of age with the legal capacity to contract. Acceptance of this Agreement at registration does not, by itself, admit you to the Program: participation commences only upon our written approval of a submitted application (email or in-app confirmation sufficing), which approval we may grant, condition, or withhold in our sole and absolute discretion, without obligation to state reasons. We may require additional information as a condition of approval or continued participation, including identity verification and applicable tax documentation.
2. Referral Codes; Attribution
- Upon approval, we will issue or activate one or more referral codes and/or links (each, a "Code"). Codes are personal to you, non-transferable, and remain our property.
- A referred subscription is attributed to you where the customer applies your Code at checkout (or through such other attribution mechanism as we may designate). We are the sole and final arbiter of attribution.
- You shall not: apply any Code to your own subscription or any subscription you control; distribute Codes through coupon or deal aggregation sites without our prior written consent; or obtain referrals through incentivized, deceptive, automated, or fraudulent means.
- Violation of this Section constitutes a material breach and results in forfeiture of associated commissions, without limiting our other remedies.
3. Commissions
Subject to your compliance with this Agreement, we will pay you the recurring commission rates stated in your approval (as of the Last Updated date above, twenty-five percent (25%) of subscription fees for monthly plans and thirty percent (30%) for annual plans, unless otherwise agreed in a signed writing or stated in your approval). Commissions accrue only on subscription fees actually received by us from attributed customers, net of taxes, payment-processing adjustments, refunds, credits, and chargebacks. No commission accrues on your own subscription, on transactions later refunded or charged back (accrued amounts for which shall be reversed), or on transactions we reasonably determine to be fraudulent or in breach of this Agreement. We may modify commission rates prospectively upon not less than thirty (30) days' notice; modifications do not affect commissions already accrued.
4. Payment; Taxes
Accrued commissions are paid monthly in arrears via PayPal to the payout address you designate, and you are responsible for maintaining an accurate payout address. We may establish a commercially reasonable minimum payout threshold upon notice, in which case amounts below the threshold roll forward. If you are a U.S. person, you shall furnish a completed IRS Form W-9 prior to your first payment, and we may issue IRS Form 1099-NEC or such other information returns as required by law; if you are not a U.S. person, we may require an applicable Form W-8. You are solely responsible for all taxes on amounts paid to you, and we may withhold amounts required by law.
5. Marketing Standards; Required Disclosures
- You shall comply with all applicable laws, regulations, and self-regulatory guidance in your promotion of Mirrored, including the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
- You shall clearly and conspicuously disclose your material connection to Mirrored (for example, "#ad," "#affiliate," or "I earn a commission from Mirrored") in every promotional communication, in a manner unavoidable by the audience and appropriate to the medium.
- All statements you make about Mirrored must be truthful, substantiated, and not misleading. Any trading results you present must be your own genuine results, presented without exaggeration and without implying that they are typical or attainable by others.
- You shall not make, or imply, any representation that Mirrored produces, guarantees, or improves trading profits or income; Mirrored is a journaling and analytics tool, and trading futures involves substantial risk of loss.
6. Prohibited Conduct
- Providing, or appearing to provide, investment, trading, tax, or financial advice, or trade "signals," in connection with Mirrored or its marks;
- Representing that Mirrored places trades, executes orders, manages money, or provides recommendations of any kind;
- Unsolicited commercial messaging in violation of applicable law (including CAN-SPAM and the TCPA), or promotion in unlawful, deceptive, hateful, or adult contexts;
- Bidding on "Mirrored" or confusingly similar terms in paid search, registering domains or social handles confusingly similar to our marks, or impersonating Mirrored or its personnel;
- Any manipulation of the Program, including cookie stuffing, forced clicks, self-referral, or generation of fraudulent or incentivized sign-ups.
7. Limited Trademark License
During the term of your participation, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Mirrored name and logo solely to promote the Service in accordance with this Agreement and any brand guidelines we publish. All goodwill arising from such use inures exclusively to us. This license terminates automatically upon termination of your participation, whereupon you shall promptly cease all use of our marks (archival social posts made in compliance with this Agreement may remain).
8. Relationship of the Parties
You and Mirrored are independent contracting parties. Nothing in this Agreement creates any employment, agency, partnership, joint venture, or franchise relationship, and neither party has authority to bind the other. You are not entitled to any employee benefits, and you are solely responsible for your own expenses, equipment, and personnel.
9. Term; Termination
This Agreement is effective upon your acceptance and, as to Program participation, upon our approval, and continues until terminated. Either party may terminate participation at any time, with or without cause, upon notice to the other (email sufficing). Upon termination: your Codes are deactivated; the license in Section 7 ends; and commissions properly accrued and undisputed as of the termination date will be paid in the ordinary payment cycle. We may withhold amounts reasonably attributable to suspected fraud or breach pending good-faith investigation. Sections 3 (as to accrued amounts), 4, 5, 6, 8, and 10 through 14 survive termination.
10. Modifications
We may amend this Agreement prospectively by posting the revised Agreement at this page and providing notice by email or in-app message. Amendments take effect on the stated effective date, and your continued participation in the Program after that date constitutes acceptance. Amendments do not reduce commissions already accrued.
11. Disclaimers; Limitation of Liability
The Program is provided "AS IS" and "AS AVAILABLE," without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, and we do not warrant any particular volume of referrals, conversions, or earnings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, AND OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The limitations of liability in the Terms of Service also apply to the Program.
12. Indemnification
You shall defend, indemnify, and hold harmless Mirrored and its owner, affiliates, and personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your promotional content and activities; your breach of this Agreement; your violation of applicable law or third-party rights, including the FTC requirements described in Section 5; or any representation you make that is inconsistent with this Agreement.
13. Confidentiality
Non-public information concerning the Program — including your commission terms, Program communications, and any performance data we share with you — is our confidential information. You shall not disclose it except as required by law, and shall use it solely to participate in the Program. This obligation survives termination for two (2) years.
14. Governing Law; Venue; Miscellaneous
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida for any dispute not subject to a mandatory arbitration or dispute provision of the Terms of Service. This Agreement, together with the documents it incorporates, constitutes the entire agreement of the parties concerning the Program and supersedes all prior discussions. If any provision is held unenforceable, the remainder continues in full force. Our failure to enforce any provision is not a waiver. You may not assign this Agreement without our prior written consent; we may assign it in connection with a merger, acquisition, or sale of assets. Notices to us: Email david@mirrored.online. Notices to you: the email address on your account.
Plain-language policy for Mirrored. Not legal advice; for your specific situation, consult a professional. No hype, no signals — just your numbers.