NexGen Technologies, LLC Affiliate and Referral Program Terms and Conditions

Updated 2025-02-25

1. Introduction

These Terms and Conditions ("Terms") govern the participation of individuals or entities ("Partners") in the NexGen Technologies, LLC., a Florida LLC ("Company") Affiliate and Referral Program ("Program"). By joining the Program via PartnerStack and accepting these Terms and Conditions. These Terms supersede any prior agreements or understandings related to the Program.

2. Appointment as Affiliate/Referral Partner

Partners are appointed as non-exclusive affiliates/referral agents authorized to:

  • Promote Company’s products and services using affiliate links generated through PartnerStack.

  • Submit leads via PartnerStack for follow-up by Company’s sales team.

Partners may identify themselves as independent affiliates of the Company but may not use Company’s trademarks, logos, or marketing materials without prior written approval unless provided through PartnerStack’s program website.

3. Partner Responsibilities

  • Qualified Leads: Leads must meet the following criteria:

    • Be new prospects with no prior contact with the Company.

    • Be introduced by the Partner.

    • Meet Company's credit standards and other qualification criteria.

    • Provide meaningful opportunities for the Company to engage decision-makers.

  • Marketing Practices: Partners must:

    • Avoid unfair practices such as product disparagement or bait-and-switch tactics.

    • Obtain written approval for any marketing materials related to Company products not provided in the Company’s PartnerStack Resource Folder.

  • Prohibited Activities: Partners shall not:

    • Misrepresent Company’s products or services.

    • Use sub-agents or distribute through unauthorized channels without prior approval.

4. Commissions

Partners are eligible for commissions based on the following structure:

  • Affiliate Link Conversions: 1% commission on revenue generated through affiliate links created in PartnerStack.

  • Submitted Leads: 2% commission on revenue from qualified leads that result in closed deals.

Commissions are calculated quarterly based on gross revenue received in the previous quarter. Adjustments (e.g., refunds, chargebacks) may impact commission payouts. Partners have 30 days to dispute commission reports after receipt.

5. Independent Contractor Status

Partners act as independent contractors and are not employees or agents of the Company. Partners cannot bind the Company to agreements or commitments. Each party is responsible for its own taxes and liabilities.

6. Confidentiality

Partners may receive proprietary information about the Company, including customer data, pricing, and business strategies ("Confidential Information"). Partners agree to:

  • Keep all Confidential Information secure.

  • Use it solely for Program purposes.

  • Not disclose it to third parties without written consent.

This obligation continues beyond the termination of participation in the Program.

7. Term and Termination

  • Term: Participation begins upon acceptance into the Program via PartnerStack and continues indefinitely unless terminated by either party.

  • Termination: Either party may terminate participation at any time with written notice. Upon termination:

    • Commissions will be paid only for the revenue received during the term of participation.

    • Partners must cease using affiliate links and remove any references to the Company from their materials.

8. Limitation of Liability

Company is not liable for indirect, incidental, or consequential damages arising from participation in the Program, including lost profits or business opportunities.

9. Indemnification

Partners agree to indemnify and hold harmless Company from any claims arising from:

  • Misconduct or negligence by the Partner.

  • Breach of these Terms by the Partner.

10. Governing Law

These Terms are governed by the laws of the State of Florida. Any disputes will be resolved exclusively in courts located in Palm Beach County or Miami-Dade County, Florida.

11. Force Majeure

Company is not responsible for delays or failures caused by circumstances beyond its control, including natural disasters, labor strikes, or technical failures.

12. Miscellaneous

  • These Terms constitute the entire agreement between Company and the Partner regarding participation in the Program.

  • If any provision is deemed invalid or unenforceable, the remaining provisions remain in effect.

By joining the Program via PartnerStack and accepting the Programs terms of service, you acknowledge that you have read, understood, and agreed to these Terms.