ADVERTISER TERMS & CONDITIONS

DubbleBlack Affiliate & Performance Networks
(Foodience, Radience, Pawdience, and Future Networks)

Effective Date: [Insert Date]
Last Updated: [Insert Date]

These Advertiser Terms & Conditions (“Advertiser Terms”) govern participation by advertisers, merchants, brands, retailers, agencies, and marketing partners (“Advertiser,” “you,” or “your”) in any affiliate, performance marketing, discovery marketplace, or commerce network operated by DubbleBlack LLC, a Colorado limited liability company, including its trade names and networks including Foodience, Radience, and Pawdience, and any current or future affiliated networks, platforms, and services (collectively, “DubbleBlack,” “we,” “us,” or the “Network”).

By enrolling in, contracting with, or participating in the Network, you agree to be bound by these Advertiser Terms and any applicable insertion orders, order forms, rate cards, program policies, placement agreements, or data agreements (collectively, the “Agreement”).

1. ROLE OF THE NETWORK

DubbleBlack operates a performance-based affiliate and partner network that connects Advertisers with independent publishers, creators, influencers, media buyers, sub-affiliates, and distribution partners (“Publishers”).

Publishers are independent contractors and are not employees, agents, partners, or representatives of DubbleBlack or Advertiser.

Nothing in this Agreement creates a partnership, joint venture, fiduciary relationship, agency relationship, or employment relationship between the parties.

2. ENROLLMENT, APPROVAL & PROGRAM SETUP

Participation is subject to DubbleBlack’s approval in its sole discretion.

Advertiser shall provide accurate and complete information regarding:

Business identity and contact details
Products and services offered
Pricing, availability, and refund policies
Commission rates and performance events
Attribution rules and cookie windows
Promotional restrictions and compliance rules
Trademarks, creative materials, and brand guidelines

DubbleBlack may reject, suspend, or terminate any Advertiser, offer, or campaign at any time for any reason, including reputational risk, compliance concerns, or business considerations.

3. COMMISSIONS, FEES & PAYMENTS

3.1 Commission Obligations

Advertiser agrees to pay commissions for all valid, tracked, and approved transactions generated through the Network in accordance with the agreed commission structure and attribution rules.

Advertiser is solely responsible for the accuracy of pricing, conversion reporting, and approval or rejection of transactions.

3.2 Network Fees and Placement Fees

Advertiser may be charged, as applicable:

Network access or technology fees
Setup or onboarding fees
Minimum monthly fees
Placement, featured listing, pinned offer, or takeover fees
Data, reporting, or analytics fees

All such fees are non-refundable unless expressly stated in writing.

3.3 Invoicing and Payment Terms

Unless otherwise agreed in writing:

Invoices are due within thirty (30) days of invoice date
Late payments may accrue interest at 1.5% per month or the maximum permitted by law

DubbleBlack may suspend tracking, placements, or traffic for non-payment.

3.4 Returns, Refunds, Chargebacks & Adjustments

Advertiser is responsible for:

Returns, cancellations, refunds, and chargebacks
Fraudulent or invalid transactions
Retroactive commission reversals

DubbleBlack may deduct such amounts from future invoices or require reimbursement.

4. TRACKING, ATTRIBUTION & AUTHORITY OF RECORD

DubbleBlack’s tracking systems and records (including third-party platforms used by DubbleBlack) shall be the sole and authoritative system of record for determining:

Clicks
Conversions
Attribution
Commission calculations
Payments owed

Advertiser agrees not to:

Bypass, interfere with, or manipulate tracking
Retroactively modify attribution rules to avoid payment
Override or self-attribute Publisher-generated conversions

Any circumvention constitutes a material breach.

5. NO PERFORMANCE GUARANTEES

DubbleBlack makes no representations or warranties regarding:

Traffic volume or quality
Publisher participation
Sales, revenue, or conversion rates
Return on advertising spend

Placement or featured listing fees do not guarantee performance.

6. PUBLISHER CONDUCT & DISCLAIMER

Publishers are independent third parties.

DubbleBlack does not control and is not responsible for:

Publisher content, websites, or marketing methods
Compliance failures by Publishers
Consumer disputes or end-customer complaints

Advertiser remains solely responsible for its products, services, fulfillment, refunds, warranties, and customer service.

7. INTELLECTUAL PROPERTY & LICENSES

7.1 License to Use Advertiser Materials

Advertiser grants DubbleBlack and participating Publishers a non-exclusive, royalty-free, worldwide license to use Advertiser’s trademarks, logos, product images, and creative materials solely for promoting Advertiser through the Network.

7.2 Network Data Ownership

All right, title, and interest in and to:

Network tracking data
Aggregated and anonymized data
Publisher performance data
Derived analytics, segments, insights, and reports

are and shall remain the exclusive property of DubbleBlack LLC.

Advertiser receives only a limited right to use reporting data for internal business purposes.

Advertiser may not:

Resell or redistribute Network data
Use data to build or operate a competing network
Train or fine-tune AI or machine learning models using Network data

8. CONFIDENTIALITY

Each party shall keep confidential all non-public business, technical, pricing, and performance information and use such information only for purposes of this Agreement.

9. REPRESENTATIONS & WARRANTIES

Advertiser represents and warrants that:

Its products and services are lawful and compliant
Advertising claims are truthful and non-misleading
It owns or has rights to all materials provided
It complies with all applicable advertising, privacy, and consumer protection laws

10. INDEMNIFICATION

Advertiser shall indemnify, defend, and hold harmless DubbleBlack, its members, officers, employees, Publishers, and affiliates from any claims arising from:

Advertiser’s products or services
Advertising content or claims
Trademark or IP infringement
Consumer complaints or disputes
Regulatory violations

11. DISCLAIMER OF WARRANTIES

THE NETWORK IS PROVIDED “AS IS” AND “AS AVAILABLE.”
DUBBLEBLACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUBBLEBLACK’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY ADVERTISER TO DUBBLEBLACK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. TERM & TERMINATION

Either party may terminate participation with written notice.

DubbleBlack may immediately suspend or terminate for non-payment, fraud, violations, or reputational risk.

Outstanding payment obligations survive termination.

14. GOVERNING LAW, ARBITRATION & VENUE

This Agreement is governed by the laws of Colorado.

All disputes shall be resolved by binding arbitration in Denver, Colorado.

Class actions and jury trials are waived.

15. CONTACT

DubbleBlack LLC
110 16th St, Suite 1460
Denver, CO 80202
Email: legal@dubbleblack.com

PUBLISHER / AFFILIATE TERMS & CONDITIONS

DubbleBlack Affiliate & Performance Networks
(Foodience, Radience, Pawdience, and Future Networks)

Effective Date: [Insert Date]
Last Updated: [Insert Date]

These Publisher / Affiliate Terms & Conditions (“Affiliate Terms”) govern participation by publishers, creators, influencers, media buyers, and marketing partners (“Affiliate,” “Publisher,” “you,” or “your”) in any affiliate, performance marketing, or sub-affiliate network operated by DubbleBlack LLC (“DubbleBlack,” “we,” “us,” or the “Network”).

1. HYBRID NETWORK STRUCTURE & ROLE OF DUBBLEBLACK

DubbleBlack operates:

Direct advertiser programs where DubbleBlack contracts directly with brands, and
Sub-affiliate programs where DubbleBlack participates through third-party networks including Impact, Awin, CJ, ShareASale, AvantLink, Refersion, and similar platforms (“Third-Party Networks”).

Some offers are governed by advertiser and Third-Party Network terms that DubbleBlack does not control.

You acknowledge that:

DubbleBlack acts as an intermediary and tracking coordinator
Commissions, attribution, reversals, and enforcement for certain offers are determined by advertisers and Third-Party Networks

2. ENROLLMENT & ACCOUNT REQUIREMENTS

Participation is subject to approval.

You must provide accurate:

Identity and contact information
Business details
Tax documentation (W-9, W-8, etc.)
Payment method and billing information
Traffic sources and promotional methods

DubbleBlack may suspend or terminate any account at any time.

3. FLOW-DOWN COMPLIANCE WITH ADVERTISER & NETWORK RULES

For each offer, you agree to comply with:

These Affiliate Terms
All advertiser program terms
All Third-Party Network publisher terms
All offer-specific restrictions

Advertiser and Third-Party Network terms are incorporated by reference and control for the applicable offer.

4. PROMOTIONAL METHODS & PROHIBITED CONDUCT

Unless prohibited by the advertiser, you may promote via:

Content and blogs
Social and influencer marketing
Email (lawful and opt-in only)
Coupon and deal sites
PPC and paid search (including trademark bidding if permitted)

You may not engage in:

Fraud, fake orders, or self-dealing
Cookie stuffing or click injection
Traffic laundering or bot traffic
Trademark or coupon abuse
Misrepresentation or deceptive advertising

5. TRACKING & AUTHORITY OF RECORD

DubbleBlack’s tracking systems and Third-Party Network reports are the sole authority for:

Attribution
Commission approval
Payment eligibility

Tracking is not guaranteed.

6. COMMISSIONS & CONDITIONAL NATURE

All commissions are conditional.

No commission is earned unless:

Tracked and approved
Not reversed or invalidated
Paid to DubbleBlack by the advertiser or Third-Party Network (unless DubbleBlack elects to advance payment)

7. PAYMENT TIMING & PAID-AFTER-PAID MODEL

As a general rule:

Conversions tracked in a month become eligible 45–90 days after month-end
Only after DubbleBlack receives payment

DubbleBlack has no obligation to advance funds.

8. MINIMUM PAYOUT THRESHOLD & PAYMENT SETUP

You are eligible for payment only if:

Approved balance is at least $100 USD, and
Valid tax forms, billing info, and payment method are on file

Balances roll forward until threshold is met.

Accounts inactive or incomplete for 12 months may forfeit unpaid balances as permitted by law.

9. REVERSALS, OFFSETS & CLAWBACKS

DubbleBlack may:

Reverse invalid transactions
Offset negative balances
Claw back paid commissions
Invoice for repayment

10. FRAUD, INVESTIGATIONS & ENFORCEMENT

DubbleBlack may:

Withhold payments during investigations
Suspend or terminate immediately
Permanently forfeit balances
Report violations to advertisers and networks

11. DATA OWNERSHIP & RESTRICTIONS

All tracking data, reports, and analytics belong to DubbleBlack LLC.

You may not:

Resell or redistribute data
Use data to compete
Train AI models using Network data

12. TAXES

You are responsible for all taxes and reporting obligations.

13. INDEMNIFICATION

You shall indemnify DubbleBlack for claims arising from your marketing activities or violations.

14. DISCLAIMER & LIMITATION OF LIABILITY

THE NETWORK IS PROVIDED “AS IS.”

DUBBLEBLACK’S TOTAL LIABILITY SHALL NOT EXCEED COMMISSIONS PAID TO YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. TERM & TERMINATION

Either party may terminate at any time.

Clawback and offset rights survive termination.

16. GOVERNING LAW, ARBITRATION & VENUE

Governing law: Colorado
Venue: Denver, Colorado
Binding arbitration.
Class actions and jury trials waived.

17. CONTACT

legal@dubbleblack.com