FERO Affiliate Program Terms & Conditions

Acceptance of Terms

By applying to or participating in the FERO Affiliate Program, you confirm that you have read, understood, and agree to be bound by these Terms, as updated from time to time. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not participate in the program.

These Terms, together with the FERO End User License Agreement and Terms of Service available at feronow.com/terms (the "EULA"), constitute the entire agreement between you and FERO with respect to the Affiliate Program. In the event of a conflict between these Terms and the EULA, these Terms shall control with respect to the Affiliate Program. Capitalized terms not defined herein have the meanings given in the EULA.

1. Program Eligibility

The FERO Affiliate Program is open to individuals whose audience or network includes contractors, suppliers, industrial teams, or other potential FERO Shippers. Affiliates may also reach out to potential FERO Shippers outside of their known network, so long as the Shipper does not already exist in the FERO customer list. FERO reserves the right to approve or decline any applicant at its sole discretion.

You must be at least 18 years of age to participate. By applying, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

2. Qualified Referrals

A qualified referral is a new FERO Shipper who: (a) clicks your unique tracking link; (b) signs up for a FERO account; and (c) completes an order that meets FERO's then-current qualification criteria. Existing FERO customers and accounts created prior to your referral are not qualified referrals.

A qualified referral must complete a first order within three hundred sixty-five (365) days of clicking your unique affiliate tracking link. Referrals that convert after this attribution window has expired are not eligible for commission. The attribution window is tracked via Rewardful. If a prospective Shipper clears their cookies, uses a different device, or otherwise breaks the tracking chain before completing their first order, FERO is not responsible for attribution loss and no commission will be owed. FERO reserves the right to adjust the attribution window with notice as provided in these Terms.

Authorized Shipper Incentive. FERO may, at its discretion, offer a promotional discount to new Shippers who sign up through an Affiliate's unique tracking link. As of the date these Terms were last updated, FERO offers eligible new Shippers $50.00 off their first completed order when they register through a valid Affiliate link (the "New Shipper Discount"). The New Shipper Discount is an authorized FERO promotion and does not constitute an unauthorized incentive under Section 8 of these Terms. The New Shipper Discount is subject to change or discontinuation at any time with notice as provided in Section 11. Affiliates may communicate the existence of the New Shipper Discount to prospective Shippers as a selling point, provided all representations are accurate and consistent with FERO's current promotional terms.

3. Commission Eligibility

Commissions are earned only on orders made by qualified referrals tracked through Rewardful. Referrals that cannot be attributed through the affiliate tracking system are not eligible for commission.

4. Payout Timing, Commission Rates and Thresholds

As of the date these Terms were last updated, FERO pays a flat commission of $25.00 per qualified order, up to a maximum of ten (10) qualified orders per referred Shipper account. Once a referred Shipper has completed ten (10) qualified orders, no further commissions will be earned on that account. The maximum commission earnable per referred Shipper is $250.00. Commissions are disbursed to the Affiliate's FERO wallet on a weekly basis. There is a one (1) business day delay following order completion before a commission becomes eligible for wallet disbursement, to allow for order cancellation review. Commissions on orders that are cancelled during this review period will not be disbursed. Once disbursed to the Affiliate's wallet, commissions may be withdrawn subject to FERO's then-current withdrawal procedures. Commissions are not earned on orders that are subsequently cancelled or refunded after the commission is triggered. Commission rates, minimum payout thresholds, and payout schedules are set by FERO and may be updated from time to time, subject to the notice provisions set forth in Section 11 below. The most current commission rate will always be reflected in the Rewardful affiliate dashboard. In the event of a conflict between the dashboard and these Terms, the dashboard shall control unless FERO has provided written notice of a rate change that has not yet taken effect.

5. Brand Usage Rules

Affiliates may use the FERO name and approved marks only to honestly describe and promote FERO. You may not modify the FERO logo, register confusingly similar domains, nor imply an employment, partnership, or endorsement relationship that does not exist. All goodwill generated from any use of FERO trademarks inures solely to FERO's benefit. Nothing in these Terms grants you any license or right to use any FERO trademark beyond what is expressly described herein.

6. Prohibited Activities

The following activities are strictly prohibited:

• Spam or unsolicited bulk email
• Misleading, false, or deceptive claims about FERO or its services
• Defamatory content referencing FERO, its employees, or its users
• Trademark abuse or unauthorized use of FERO marks
• Cookie stuffing or iframing FERO pages
• Any activity that violates applicable federal, state, or local law
• Any activity that harms the FERO brand or its users

7. Paid Search and Coupon Restrictions

Bidding on FERO branded keywords, trademark variants, or close misspellings in paid search is not permitted. Use of unauthorized coupon, discount, or cashback sites for FERO traffic is also not permitted unless approved in writing by FERO.

8. Fraud, Self-Referrals and Misrepresentation

Self-referrals, referrals from accounts you own or control, and any form of fraudulent or artificially generated traffic are not eligible for commission. For purposes of these Terms, "fraudulent or artificially generated traffic" includes but is not limited to:

• Self-referrals or referrals from accounts you own, control, or have a financial interest in
• Use of bots, scripts, or automated tools to generate clicks, sign-ups, or orders
• Incentivizing referrals through unauthorized cash payments, rebates, or rewards not approved by FERO
• Falsifying referral data or manipulating tracking systems
• Using stolen, fabricated, or unauthorized payment information
• Any scheme designed to generate commissions without a genuine, arm's-length transaction between FERO and a new Shipper

FERO may withhold commissions and remove affiliates that engage in fraud or material misrepresentation. FERO's determination of fraud shall be made in its reasonable discretion and shall be final.

9. Program Changes and Termination

FERO may update commission rates, terms, or program eligibility at any time, subject to the notice provisions in Section 11. FERO may suspend or terminate any affiliate account at its discretion, including for violations of these Terms.

Upon termination of your affiliate account for any reason, commissions that have been verified and approved prior to the termination date will be paid out in accordance with the standard payout schedule, provided no fraud, misrepresentation, or material violation of these Terms has occurred. Commissions that are pending verification at the time of termination are subject to FERO's standard review process and may be withheld if found to be ineligible. Commissions shall not be paid on any orders placed after the termination date. For terminations resulting from fraud or material violation of these Terms, FERO reserves the right to withhold all unpaid commissions.

10. Independent Contractor Relationship

Affiliates participate in the FERO Affiliate Program as independent contractors. Nothing in these Terms shall be construed to create an employment, agency, partnership, joint venture, or franchise relationship between FERO and any Affiliate. Affiliates have no authority to bind FERO to any agreement or obligation, and shall not represent themselves as employees, agents, or authorized representatives of FERO. Affiliates are solely responsible for all taxes, withholdings, and reporting obligations arising from commissions received under these Terms.

11. Notice of Material Changes

FERO will provide at least fourteen (14) days' prior written notice before implementing any material change to commission rates or program eligibility criteria. Notice will be delivered via email to the address associated with your affiliate account. Your continued participation in the program after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to a change, you must notify FERO in writing and discontinue participation before the change takes effect.

12. Indemnification

You agree to indemnify, defend, and hold harmless FERO and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or related to: (a) your participation in the FERO Affiliate Program; (b) your violation of these Terms; (c) your promotional activities, including any claims that your content is false, misleading, or defamatory; (d) your violation of any applicable law or regulation; or (e) any third-party claim arising from your actions as an Affiliate.

13. Disclaimer of Warranties

THE FERO AFFILIATE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FERO DOES NOT WARRANT THAT THE PROGRAM, TRACKING SYSTEMS, OR AFFILIATE DASHBOARD WILL BE ERROR-FREE, UNINTERRUPTED, OR CONTINUOUSLY AVAILABLE. COMMISSION RATES AND PROGRAM AVAILABILITY ARE SUBJECT TO CHANGE AS SET FORTH IN THESE TERMS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FERO'S TOTAL LIABILITY TO ANY AFFILIATE UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THAT AFFILIATE IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL FERO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Dispute Resolution and Arbitration

You and FERO agree that any dispute arising out of or in any way related to these Terms or the FERO Affiliate Program will be resolved by binding arbitration, governed by the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Commercial Dispute Resolution Procedures. The AAA Rules and filing forms are available at www.adr.org or by calling 1-800-778-7879.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party. FERO's address for Notice is: 10105 E Via Linda, #103-758, Scottsdale, Arizona 85258. The Notice must describe the nature and basis of the claim and the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if no agreement is reached within 30 days after Notice is received, either party may commence arbitration.

Any arbitration hearing will take place in the State of Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county of your billing address.

YOU AND FERO 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.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including in connection with intellectual property infringement claims.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms that is not subject to arbitration shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware located in the city of Dover and Kent County, and each party consents to personal jurisdiction in such courts.

17. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE FERO AFFILIATE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Assignment

You may not assign these Terms or any of the rights or obligations hereunder without FERO's prior express written consent. FERO may assign these Terms, including all its rights hereunder, without restriction. Any purported assignment in violation of this section is null and void.

19. Severability

If any provision of these Terms is found to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Terms will continue in full force and effect.

20. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or power under these Terms shall operate as a waiver thereof. No single or partial exercise of any right or power shall preclude any other or further exercise of any right or power.

21. Consent to Electronic Communications

By participating in the FERO Affiliate Program, you consent to receiving electronic communications from FERO, including program notices, commission statements, and notice of updates to these Terms. You agree that any notices, agreements, disclosures, or other communications that FERO sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. Relationship to FERO Promotions and Credits

Affiliate commissions are separate from and not subject to the FERO Credits and promotions program described in Section 32 of the EULA. Commissions are disbursed to the Affiliate's FERO wallet via the Rewardful platform and do not constitute FERO Credits. Credits earned through illegal or fraudulent methods are null and void and may result in termination of your affiliate account.

23. Contact

Questions about the FERO Affiliate Program, including commission disputes, account issues, or these Terms, should be directed to:

Email: haulers@feronow.comhaulers at feronow.com

Mail: FERO, LLC • 10105 E Via Linda, #103-758, Scottsdale, Arizona 85258

General inquiries unrelated to the Affiliate Program should be directed to the appropriate contact listed at feronow.com/contact.