AFFILIATE PROGRAM TERMS

These Affiliate Program Terms (“Affiliate Terms”) govern participation in the MotoStaq Affiliate Program. By enrolling as an Affiliate, you agree to these Affiliate Terms in addition to the MotoStaq Terms of Service.

1. Affiliate Program

The MotoStaq Affiliate Program is open to any MotoStaq member. You do not need a content channel, an audience, or our approval to join. Enrolling is self-serve.

• Eligibility: You must have an active MotoStaq account in good standing. Enrollment is currently limited to U.S. persons (citizens, residents, and U.S. businesses).
• Commission: Affiliates earn 25% of the platform fee on completed sales made by sellers they refer. Affiliates pay the standard platform fee on their own sales, and a rate already set on an account before enrolling is unaffected.
• Referral code: Each affiliate receives a unique referral code. This code is non-transferable and permanently tied to your account.
• Commission rate: You earn 25% of the platform fee collected on each completed sale made by a seller you referred. This rate is locked in for the life of your participation in the program.
• Commission calculation: Commission is calculated on the platform fee applied to the full transaction subtotal (part price + shipping cost). The buyer transaction fee (2.9% + $0.30) is not included in the commission calculation.
• Commission payment: Commissions are paid out automatically via Stripe when a buyer confirms delivery and the 48-hour inspection period clears, and only once your Stripe account is able to receive money. MotoStaq reserves the right to hold commissions pending fraud review.
• No cap: There is no limit on the number of referrals or total commissions you may earn.
• Self-referral: You do not earn commission on your own sales, or on sales from any seller account you control. Commissions are earned only on sales by sellers you genuinely referred.

2. Referral Credit

Sellers who sign up through a valid affiliate referral code are credited to that affiliate. The code is attribution only and does not change the seller's own platform fee. Credit is automatic from the link the seller signed up through; there is no code for the seller to enter.

What the 25% is 25% of: the commission is 25% of MotoStaq's platform fee on the sale, never 25% of the sale price. At the standard 7% platform fee, a $100.00 sale generates a $7.00 platform fee, so the commission on that sale is $1.75. Commission continues for as long as the referred seller keeps selling, with no expiry and no cap.

• What a code does: it records which affiliate referred the seller, so that affiliate earns commission on that seller's completed sales. No seller receives a discounted rate for using or entering a code.
• Reporting your own referrals: if you want to earn commission, enroll in the Affiliate Program and share your own code or link. Commission is only paid on sellers you personally referred.
• Non-transferable: Referral credit may not be sold, traded, gifted, or transferred to any other person or entity by any means. Any attempt to transfer will result in immediate revocation of the credit and account termination.
• Commission awareness: By signing up through an affiliate referral code, you acknowledge that the referring affiliate earns a commission of 25% of the platform fee on your completed sales. This does not affect your payout — the commission is paid by MotoStaq from its platform fee share.

3. FTC Disclosure Requirements

Federal Trade Commission (FTC) guidelines require that affiliates disclose material connections to brands they promote. As a MotoStaq Affiliate, you are required to:

• Clearly and conspicuously disclose your financial relationship with MotoStaq whenever you promote the platform in any public content, including but not limited to social media posts, videos, stories, reels, podcasts, and direct messages sent at scale.
• Use clear disclosure language such as: “#ad”, “#sponsored”, “Partner”, or “I earn a commission when my followers sell through this link”.
• Never make false or misleading claims about MotoStaq, its products, or its services.
• Never create fake reviews, fake accounts, or mislead your audience about your relationship with MotoStaq.

Failure to comply with FTC disclosure requirements may result in immediate removal from the Affiliate Program, forfeiture of pending commissions, and potential legal liability. MotoStaq is not liable for any FTC violations committed by affiliates.

4. Tax Obligations

• Affiliates are independent contractors, not employees of MotoStaq.
• You are solely responsible for reporting and paying all applicable federal, state, and local taxes on commissions earned through the Affiliate Program.
• MotoStaq will issue a Form 1099-NEC to affiliates who earn $600 or more in commissions during a calendar year, as required by U.S. tax law.
• Commissions can only be paid to an affiliate who has connected a Stripe account and completed the tax details Stripe requires (legal name, address, date of birth, and SSN or EIN). Until that is done, commissions stay pending.

5. Independent Contractor Relationship

Your participation in the Affiliate Program does not create an employment, partnership, joint venture, or agency relationship between you and MotoStaq. You have no authority to bind MotoStaq to any obligation. You are responsible for your own equipment, expenses, and business operations.

6. Program Modifications & Termination

• MotoStaq reserves the right to modify or discontinue the Affiliate Program at any time with 30 days written notice to enrolled affiliates.
• Discontinuation of the Affiliate Program does not affect any platform fee rate already set on a seller account. Those rates are not raised while the account remains active and in good standing.
• MotoStaq reserves the right to revoke affiliate status immediately for violation of these Terms, including fraud, abuse, FTC violations, or misrepresentation.
• Upon revocation, all pending unpaid commissions from sales that have not yet cleared the inspection period will be forfeited.

7. Governing Law

These Affiliate Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Affiliate Terms are subject to the dispute resolution process outlined in the MotoStaq Terms of Service.

Questions? Contact us at support@motostaq.com