HighLevel Affiliate Program Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A BINDING CONTRACT. PAY SPECIAL ATTENTION TO THE DISPUTE RESOLUTION SECTION (SECTION 10), WHICH REQUIRES BINDING ARBITRATION IN DALLAS, TEXAS AND INCLUDES A CLASS ACTION WAIVER.

This Affiliate Program Agreement (the “Agreement”) is a contract between you (“Affiliate,” “you”) and HighLevel Inc. (“HighLevel,” “we,” “us”). It describes how we will work together and governs your application and participation in the HighLevel Affiliate Program (the “Program”).

By applying to or participating in the Program, you are agreeing to these terms, as well as our Terms of Service and the Affiliate Program Policies (which are incorporated into this Agreement).

• Definitions

  • “Affiliate Link” means the unique tracking link(s) we provide you.

  • “Agreement” means this Affiliate Program Agreement, our Terms of Service, and the Affiliate Program Policies.

  • “Commission” means the payment you may earn for a Qualified Purchase.

  • “Program Policies” means the rules and guidelines for our Program, located at Affiliate Program Policies.

  • “Qualified Purchase” means a completed purchase of HighLevel products by a new or existing customer who: (i) clicked your Affiliate Link; (ii) completed the purchase; and (iii) met all other eligibility requirements in this Agreement and the Program Policies.

  • “Sanctioned Country” means any country or territory subject to comprehensive U.S. trade sanctions.

  • “Sanctioned Person” means any person or entity included on a sanctions list administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or other relevant authority.

• Enrollment and Participation

  We have the sole discretion to accept or reject any application. If accepted, your continued participation is subject to your full compliance with this Agreement. You expressly consent to be contacted by us about your application and the Program. You also authorize us to contact you by phone or text for legitimate business purposes related to the Affiliate Program, such as onboarding, appointment scheduling, or program administration, including through automated or AI-assisted systems where allowed by law.

• Your Obligations

  You agree to follow our Program Policies, the HighLevel Terms of Service, and all applicable laws and regulations. You confirm that:

  • You have authority to enter this Agreement;

  • You are not, and have not been within the past five years, under investigation or subject to enforcement by the FTC, FCC, or similar regulators – you will notify us at [email protected] within 24 hours if that changes;

  • You will comply with all applicable laws, including the FTC Endorsement Guides, TCPA, CAN-SPAM, and state telemarketing laws;

  • You will follow the Program Policies; and

  • You will handle all Personal Data in line with privacy laws and our Data Processing Agreement.

  A breach of this section is a material breach of this Agreement.

• Commissions

  You may earn a Commission for each Qualified Purchase. A purchase is a "Qualified Purchase" only if a customer (1) clicks your unique Affiliate Link; (2) completes a new purchase; and (3) maintains their account in good standing for at least 45 days.

  We decide whether a purchase qualifies for a commission in our sole discretion. If we have questions or concerns about a transaction, we can pause or withhold commission payments, or take other action we think is appropriate. We are not responsible for tracking failures caused by improperly formatted links or for any tracking failures that result from a user clearing their browser cookies, using a private browsing mode, or any other action that prevents the Affiliate Link from functioning correctly. We are also not responsible if a customer does not use your Affiliate Link and you later request commission credit or attribution for that sale.

  Commissions are paid out monthly. To get paid, you must have accurate and current contact information (your legal name, valid email address, and valid phone number), an active account with our payment provider, and complete tax information on file. If this information isn’t current, or if we can’t reach you using the details you provided, we may pause your payments until you update your information.

  You must maintain an active account with our payment provider and provide accurate tax information. We may hold payments until your earned Commissions exceed $50.00.

  If we find a sale was fraudulent, unlawful, or broke this Agreement, we won’t pay a commission. If we already paid you, we may deduct it from future commissions. We may also deduct from future commissions if a customer cancels, receives a refund, or reclaims their payment after purchase.

• Confidentiality

  Confidential Information includes all non-public business, technical, financial, or customer information you receive from us, including prospect or customer data. You may only use it to participate in the Program, and you must not share it with others unless the law requires it. This obligation survives termination.

• Intellectual Property

  We grant you a non-exclusive, non-transferable, revocable right to use the HighLevel name, logos, and other brand assets that we make available to you (the "HighLevel Marks") solely for your participation in the Program. You agree to:

  • Use only the HighLevel Marks we provide, without modification;

  • Follow any usage guidelines we share with you; and

  • Stop using the HighLevel Marks immediately if we ask.

  You may not imply that you are an employee, contractor, or legal representative of HighLevel. Any goodwill from your use of the HighLevel Marks or Materials belongs solely to HighLevel. You will not contest or assist others in contesting our ownership or validity of the Marks. Improper use of the Marks automatically ends your license, and we may also pursue other remedies available under law.

  You give us permission to use your name, logo, image, likeness, voice, and any content you create or share in connection with the Program (“Affiliate Content”) for our business purposes.

  This includes permission to use, display, adapt, and build upon your Affiliate Content to help us market and promote HighLevel, educate our team and community, improve our products and services, and train or enhance our artificial intelligence (AI) systems and tools.

  We may use your Affiliate Content directly or through trusted partners who help us operate or improve our business under appropriate confidentiality commitments.

  This permission is worldwide, royalty-free, and continues for Affiliate Content already created or shared, even after you leave the Program. To the fullest extent allowed by law, you waive any right to approve how we use your Affiliate Content and any rights of publicity, moral rights, or similar rights that might limit these uses.

  We won’t sell your Affiliate Content on its own. We may, however, use it to develop, train, or improve tools and systems that benefit the HighLevel community, and we’ll always use it in ways that won’t harm your reputation or business and align with our business relationship.

• Term, Termination, and Remedies for Breach

  This Agreement begins when you are accepted into the Program and continues until terminated.

  • Termination Without Cause: Either party may terminate this Agreement for any reason by providing 30 days' written notice. All termination notices to HighLevel must be sent to [email protected], and notices to you may be sent to the email address associated with your affiliate account.

  • Termination and Remedies for Cause: If you break these rules, we may suspend or end your participation right away. This includes violations of FTC disclosure rules, CAN-SPAM or TCPA and related laws, misusing our Marks, failure to notify us of complaints as required in the Program Policies, misrepresenting your relationship with HighLevel, or taking actions that harm our reputation. 

  If we terminate this Agreement for cause, you forfeit all right to any unpaid Commissions. Upon any termination, you must immediately cease using your Affiliate Link and all HighLevel Marks.

• Indemnification

  You will indemnify, defend, and hold HighLevel harmless from any claims, damages, fines, or costs (including attorneys’ fees) that result from:

  • Your breach of this Agreement, Program Policies, or applicable law;

  • Your marketing activities, including violations of FTC, TCPA, CAN-SPAM, or state laws;

  • Your collection, use, disclosure, or transfer of Personal Data;

  • Any claim that your promotions, content, or use of HighLevel Marks infringe third-party rights; or

  • Your negligence, gross negligence, or willful misconduct.

• Limitation of Liability

  IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT. OUR TOTAL CUMULATIVE LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF (A) THREE (3) TIMES THE COMMISSIONS PAID OR PAYABLE TO YOU IN THE CALENDAR MONTH IMMEDIATELY BEFORE THE CLAIM, OR (B) $1,500.

• Dispute Resolution by Binding Arbitration; Class Action Waiver

  This Agreement is governed by the laws of the State of Texas. Disputes won’t go to court or jury trial — instead, they’ll be resolved through binding arbitration in Dallas, Texas. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

  YOU AND HIGHLEVEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU AND HIGHLEVEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

• Non-Solicitation

  You agree not to intentionally solicit for employment any of our employees or contractors during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement. This provision is not intended to limit the mobility of employees or contractors who respond to general public job postings.

• Force Majeure

  Neither of us will be liable if events outside our reasonable control prevent performance. These events include natural disasters, war, terrorism, labor disputes, government actions, epidemics, acts of third-party service providers, or internet outages. The affected party must let the other know promptly and try to resume performance.

• General

  This Affiliate Agreement (together with the Program Policies, the HighLevel Terms of Service, and the Data Processing Agreement) is the complete and exclusive agreement between you and us regarding the Program.

  We may update this Agreement from time to time, and we will notify you of any material changes. If you don’t agree to a change, you may terminate your participation by giving us notice. Your continued participation in the Program after such notice constitutes your acceptance of the new terms.

  This Agreement is not exclusive. You may promote other products and services, and HighLevel may work with other affiliates, partners, and businesses.

  This Agreement is drafted in the English language. If a translated version of this Agreement is provided for convenience, the English version shall control and govern our relationship. Any translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.