This agreement governs the relationship between ProtectYourPC and its independent referral partners. Please read carefully before applying.
Partner is an independent contractor and not an employee, agent, joint venturer, or partner of ProtectYourPC. Nothing in this Agreement shall be construed to create an employment relationship between ProtectYourPC and Partner. Partner has no authority to bind ProtectYourPC to any contract or obligation.
As an independent contractor, Partner is not entitled to any employee benefits, including but not limited to health insurance, retirement plans, paid time off, workers' compensation, or unemployment insurance. ProtectYourPC will not withhold any taxes from commissions paid to Partner.
Partner retains full control over the manner and means by which Partner performs referral activities, subject to the restrictions set forth in this Agreement. Partner may engage in other business activities, provided they do not conflict with Partner's obligations under this Agreement.
Partner is solely responsible for all federal, state, and local taxes on commissions and other compensation received under this Agreement, including self-employment taxes, estimated quarterly tax payments, and any other applicable taxes. ProtectYourPC will not withhold income taxes, Social Security, Medicare, or any other taxes from commission payments.
ProtectYourPC will issue IRS Form 1099-NEC to Partner for any calendar year in which total commissions paid equal or exceed $600, as required by applicable law. Partner agrees to provide ProtectYourPC with a completed IRS Form W-9 prior to receiving any commission payments. Failure to provide a valid W-9 may result in backup withholding as required by law.
Partner agrees to indemnify and hold harmless ProtectYourPC from any claims, penalties, interest, or other liabilities arising from Partner's failure to pay applicable taxes on commissions received under this Agreement.
Partner will earn a commission for each new customer who subscribes to a ProtectYourPC plan using Partner's unique referral code. The current commission rate is communicated to Partner upon approval and is subject to change with 30 days' written notice. Commission is calculated on the net subscription amount, excluding taxes, fees, and any applied discounts.
ProtectYourPC reserves the right to modify commission rates, tiers, or structures at any time with 30 days' prior written notice to Partner. Notice will be provided via email to the address on file. Continued participation in the referral program after the notice period constitutes acceptance of the updated commission terms. If Partner does not agree to the modified rates, Partner may terminate this Agreement prior to the effective date of the change without penalty.
Partner earns recurring commissions for each month a referred customer maintains an active subscription. Commissions are earned only while the referred customer's subscription remains active and in good standing. Commissions cease immediately upon subscription cancellation, expiration, or non-payment by the referred customer.
Commissions are calculated on a monthly basis and become eligible for payout after a 30-day holding period to account for potential refunds and chargebacks. Payouts are processed within 15 business days following the end of each calendar month, provided the Partner's account is in good standing and KYC verification is complete.
A minimum balance of $25.00 must be accumulated before a payout is issued. Balances below this threshold will roll over to the following month. ProtectYourPC reserves the right to adjust the minimum payout threshold with 30 days' written notice.
Commissions are paid via Stripe Connect transfer to Partner's connected Stripe account. Partner must complete Stripe Connect onboarding and maintain an active, verified Stripe account to receive payouts. ProtectYourPC is not responsible for delays caused by Partner's failure to maintain a valid payment account.
An "Active Subscriber" is a customer who: (a) registered using Partner's unique referral code; (b) completed a paid subscription to any ProtectYourPC plan; (c) has a subscription that is current, paid, and not in a trial, grace, or suspended state; and (d) has not requested a refund or initiated a chargeback.
The following do not qualify as Active Subscribers for commission purposes: customers who cancel within the 30-day money-back guarantee period; customers whose subscriptions are suspended due to non-payment; customers who are in a free trial period; and customers whose accounts have been terminated for any reason.
ProtectYourPC maintains sole discretion in determining whether a referred customer qualifies as an Active Subscriber. Partner may view referral and commission data through the Partner Portal. Disputes regarding subscriber status must be submitted in writing within 60 days of the relevant commission period.
If a referred customer receives a refund or initiates a chargeback for any subscription payment on which a commission was paid or is pending, the corresponding commission will be reversed or withheld. ProtectYourPC reserves the right to deduct reversed commissions from future payouts or demand repayment if the Partner's account balance is insufficient.
If a chargeback is determined to result from Partner's fraudulent, misleading, or prohibited marketing activities, Partner may be held liable for the full chargeback amount, including any fees assessed by the payment processor. ProtectYourPC may suspend or terminate Partner's account pending investigation of chargeback patterns.
ProtectYourPC reserves the right to suspend or withhold commission payouts during any active dispute, investigation, chargeback review, or compliance inquiry. This includes disputes initiated by referred customers, payment processors, or regulatory authorities. Suspended payouts will be held until the dispute is fully resolved. If the dispute is resolved in Partner's favor, withheld commissions will be released in accordance with the normal payout schedule. If the dispute results in a finding of fraud, policy violation, or chargeback liability, withheld commissions may be forfeited in whole or in part.
All commissions are subject to a 30-day holding period from the date of the underlying subscription payment. Commissions will not be paid out until the holding period has elapsed and no refund or chargeback has been initiated. ProtectYourPC may extend the holding period in cases of suspected fraud or unusual activity.
Partner agrees not to engage in any of the following marketing practices: (a) making false, misleading, or deceptive claims about ProtectYourPC products or services; (b) using spam, unsolicited bulk email, or any marketing method that violates the CAN-SPAM Act or other applicable anti-spam laws; (c) engaging in cookie stuffing, click fraud, or any form of artificial traffic generation; (d) bidding on ProtectYourPC's branded keywords in paid search advertising without prior written approval.
Partner must not: (a) make guarantees about cybersecurity outcomes that ProtectYourPC has not authorized; (b) offer unauthorized discounts, rebates, or incentives to potential customers; (c) use pop-up ads, malware, adware, or browser hijacking techniques; (d) misrepresent the nature of the referral relationship to potential customers; (e) use negative SEO tactics targeting competitors in a manner that could reflect poorly on ProtectYourPC.
Partner is solely responsible for ensuring all marketing activities comply with applicable federal, state, and local laws, including consumer protection laws, privacy laws, and advertising regulations. ProtectYourPC reserves the right to require Partner to cease any marketing activity that ProtectYourPC reasonably believes violates applicable law or this Agreement.
ProtectYourPC grants Partner a limited, non-exclusive, non-transferable, revocable license to use ProtectYourPC's approved trademarks, logos, and marketing materials solely for the purpose of promoting ProtectYourPC's products and services under this Agreement. This license is conditioned on Partner's compliance with ProtectYourPC's brand guidelines.
Partner must use ProtectYourPC's brand assets only in the approved formats and colors. Partner may not alter, modify, distort, or create derivative works from ProtectYourPC's logos or trademarks. Partner may not use ProtectYourPC's brand assets in any way that implies endorsement of Partner's other products or services.
Partner may not: (a) register any domain name, social media handle, or business name that incorporates ProtectYourPC's trademarks; (b) use ProtectYourPC's brand assets after termination of this Agreement; (c) use ProtectYourPC's brand assets in any manner that is defamatory, obscene, or otherwise objectionable. All goodwill generated through use of ProtectYourPC's brand assets inures solely to the benefit of ProtectYourPC.
Partner must clearly and conspicuously disclose the material connection between Partner and ProtectYourPC in all promotional content, including blog posts, social media posts, videos, emails, and any other marketing materials. This disclosure is required by the Federal Trade Commission's Endorsement Guides (16 C.F.R. Part 255) and must be made in a manner that is clear, prominent, and understandable to the average consumer.
Acceptable disclosure language includes: "I earn a commission if you purchase through my referral link," "This is a paid partnership with ProtectYourPC," or "#ad #sponsored." The disclosure must appear before or near the referral link and must not be buried in footnotes, hidden in lengthy disclosures, or otherwise obscured.
Partner is solely responsible for ensuring FTC compliance in all marketing activities. ProtectYourPC is not liable for any FTC violations committed by Partner. ProtectYourPC reserves the right to immediately terminate this Agreement if Partner fails to comply with FTC disclosure requirements after written notice.
Partner may terminate this Agreement at any time by providing written notice to ProtectYourPC at support@protect-your-pc.com. Termination will be effective upon receipt of notice. Partner will receive any earned commissions for Active Subscribers as of the termination date, subject to the 30-day holding period and chargeback provisions.
ProtectYourPC may terminate this Agreement immediately and without notice if Partner: (a) violates any provision of this Agreement; (b) engages in fraudulent activity; (c) fails to comply with applicable laws; (d) engages in prohibited marketing behavior; or (e) fails to complete or maintain KYC verification. ProtectYourPC may also terminate this Agreement for any reason with 30 days' written notice.
ProtectYourPC expressly reserves the right to immediately terminate, suspend, or permanently ban any Partner account that engages in abusive, fraudulent, or bad-faith conduct. This includes, but is not limited to: generating fake or self-referred signups; manipulating referral tracking systems; making false representations to customers; engaging in harassment or threatening behavior toward ProtectYourPC staff or customers; or any other conduct that ProtectYourPC reasonably determines to be harmful to the program, its customers, or its reputation. Termination under this provision results in immediate forfeiture of all pending commissions.
Upon termination, Partner's referral link will be deactivated and no new commissions will accrue. Earned commissions for Active Subscribers as of the termination date will be paid out in accordance with the normal payout schedule, subject to the holding period and any offsets for chargebacks or policy violations. ProtectYourPC reserves the right to withhold commissions pending investigation of suspected fraud or policy violations.
The following provisions survive termination: tax responsibility, chargeback liability, brand usage restrictions, fraud/self-referral restrictions, data/privacy obligations, and any indemnification obligations.
Partner is strictly prohibited from using their own referral code to subscribe to ProtectYourPC services, whether under their own name, a family member's name, or any other identity. Self-referrals are considered fraud and will result in immediate termination of this Agreement and forfeiture of all pending commissions.
Partner must not engage in any fraudulent activity, including but not limited to: creating fake customer accounts; generating artificial subscriptions; manipulating referral tracking systems; using bots or automated tools to generate referrals; or colluding with other parties to generate illegitimate commissions.
ProtectYourPC reserves the right to withhold, reverse, or permanently forfeit any commissions associated with signups that are determined to be fake, self-generated, artificially created, or otherwise not the result of a genuine third-party customer referral. This includes commissions already credited to Partner's account but not yet paid out. ProtectYourPC's determination of what constitutes a fake or self-generated signup is final and binding, subject to Partner's right to submit a written dispute within 30 days of notification.
ProtectYourPC reserves the right to investigate any suspected fraud or self-referral activity. During an investigation, ProtectYourPC may suspend commission payments and Partner's account access. If fraud is confirmed, ProtectYourPC may: (a) terminate this Agreement immediately; (b) forfeit all pending and unpaid commissions; (c) demand repayment of previously paid commissions derived from fraudulent activity; and (d) pursue legal remedies as appropriate.
Partner agrees to promptly report to ProtectYourPC any suspected fraud, system vulnerabilities, or abuse of the referral program that comes to Partner's attention.
ProtectYourPC may provide Partner with limited data about referred customers (such as subscription status and commission amounts) solely for the purpose of administering this Agreement. Partner may not use this data for any other purpose, share it with third parties, or retain it after termination of this Agreement.
If Partner collects personal data from potential customers in connection with referral activities, Partner is solely responsible for complying with all applicable privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable data protection laws. Partner must maintain a privacy policy that accurately describes Partner's data collection and use practices.
Partner may not use ProtectYourPC's customer data to market competing products or services, build independent customer lists, or engage in any activity not directly related to the referral program. Partner must implement reasonable security measures to protect any customer data received in connection with this Agreement.
Partner must notify ProtectYourPC within 48 hours of discovering any actual or suspected breach of customer data received from ProtectYourPC. Partner is responsible for any costs or liabilities arising from a data breach caused by Partner's failure to maintain adequate security measures.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings. This Agreement may be amended by ProtectYourPC with 30 days' written notice to Partner.
This Agreement is governed by the laws of the United States. Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.
Questions regarding this Agreement should be directed to: support@protect-your-pc.com
This Section 13 applies exclusively to Partners that are registered nonprofit organizations, tax-exempt entities under Section 501(c) of the Internal Revenue Code, or equivalent nonprofit entities organized under applicable state or foreign law. Individual partners and for-profit entities are not subject to this section.
By submitting a partner application on behalf of a nonprofit organization, the individual completing the application represents and warrants that: (a) they are an authorized representative of the organization with the legal authority to enter into binding agreements on its behalf; (b) the organization's governing body (e.g., board of directors, executive committee) has approved or authorized participation in the ProtectYourPC referral program; (c) participation in this program does not conflict with the organization's bylaws, articles of incorporation, or any applicable regulatory requirements; and (d) the information provided in the application accurately represents the organization. ProtectYourPC reserves the right to request documentation of authorization at any time.
Nonprofit Partners acknowledge and agree that commission income earned through this referral program may constitute Unrelated Business Taxable Income (UBTI) under Section 512 of the Internal Revenue Code, depending on the nature of the organization's activities and the extent of its participation in the program. ProtectYourPC makes no representation regarding the tax treatment of referral commissions for any nonprofit Partner. Each nonprofit Partner is solely responsible for: (a) consulting with its own tax counsel or accountant to determine whether referral commissions constitute UBTI; (b) filing any required IRS Form 990-T or other applicable tax returns; (c) paying any Unrelated Business Income Tax (UBIT) that may be owed; and (d) maintaining any records required for UBIT compliance. ProtectYourPC will not provide tax advice and shall have no liability for any tax obligations, penalties, or interest arising from a nonprofit Partner's failure to properly report or pay UBIT.
Nonprofit Partners are subject to the same IRS Form 1099-NEC reporting requirements as individual partners. ProtectYourPC will issue a 1099-NEC to the nonprofit organization (using its EIN) for any calendar year in which total commissions paid equal or exceed $600. Nonprofit Partners must provide a completed IRS Form W-9 (using the organization's legal name and EIN) prior to receiving any commission payments.
Participation in the ProtectYourPC referral program does not constitute an endorsement of the nonprofit organization by ProtectYourPC, nor does it constitute an endorsement of ProtectYourPC by the nonprofit organization. Neither party may represent or imply such an endorsement without the other party's prior written consent.
By submitting the partner application, you confirm that you have read, understood, and agree to all terms in this Partner Referral Agreement.