TRAK Services Partner Program Terms

1. Program. These Terms govern participation in the TRAK Services ("TRAK") Partner Program. By checking the acceptance box at signup you agree to these Terms. TRAK may accept or decline any application.

2. Eligibility. Partners must be at least 18, located in the U.S., and in the business of providing financial, retirement plan, insurance, tax or business advisory services. Partners must provide accurate information and keep it current.

3. Referrals and attribution. A "Qualified Referral" is a business, not already a TRAK client or active prospect in TRAK's records in the prior 120 days, that is introduced through the Partner's referral link or referral form and signs a services agreement with TRAK within 180 days of the referral. If more than one partner refers the same business, the first valid, documented referral is credited. TRAK's records are final, subject to good-faith review on request.

4. Commission. TRAK will pay the Partner fifteen percent (15%) of Collected Revenue from each Qualified Referral. "Collected Revenue" means fees actually received by TRAK from that client for TRAK services, excluding taxes, pass-through costs, government fees, refunds, credits and chargebacks. Commission is recurring with no maximum term: it continues for as long as the referred client keeps paying TRAK, provided the Partner remains active and in good standing.

5. Payment. Commissions are calculated quarterly on revenue collected in the calendar quarter and paid within 30 days after quarter end, with a statement, by ACH. Minimum payout $50; lower balances roll forward. Refunded or reversed amounts may be offset against future commissions. Partner must provide a W-9 before payment and is responsible for its own taxes; TRAK will issue Form 1099 as required.

6. Compliance with laws and firm rules. Partner is solely responsible for complying with all laws, regulations and rules applicable to it, including SEC, FINRA, state securities, insurance and ERISA rules. Partners who are investment adviser representatives of an RIA, registered representatives of a broker-dealer, or otherwise affiliated with a regulated firm must follow their firm's policies on outside business activities and referral compensation, obtain any required approvals, and make any required disclosures to clients. Partner may not accept or request compensation where prohibited. TRAK may require written confirmation of firm approval and may withhold or decline payment where receipt would be impermissible.

7. Conduct and marketing. Partner will not make guarantees about credit amounts or eligibility, provide tax or legal advice on TRAK's behalf, or make false or misleading statements. Partner may use only TRAK-approved marketing materials and trademarks and will not bid on TRAK brand terms in paid search. Partner will comply with CAN-SPAM, TCPA and privacy laws in any outreach.

8. Relationship. Partner is an independent contractor, not an employee, agent or fiduciary of TRAK, and has no authority to bind TRAK.

9. Confidentiality and data. Each party will protect the other's confidential information and client information and use it only for the Program. Partner represents it has the right to share any client information it submits.

10. Term and termination. Either party may terminate on 30 days' written notice; TRAK may terminate immediately for breach, misconduct or regulatory concern. After termination without cause, commissions on Qualified Referrals made before termination end at termination; after termination for cause, unpaid commissions may be forfeited.

11. Changes. TRAK may update these Terms with 30 days' notice; continued participation is acceptance. Each version is recorded with its acceptance timestamp.

12. Limitation of Liability; Governing Law; Arbitration.

(a) No indirect damages. Neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or business opportunities, arising out of or related to these Terms or the Partner Program, even if advised of the possibility of such damages.

(b) Liability cap. TRAK's total liability arising out of or related to these Terms or the Partner Program will not exceed the total commissions paid or payable to Partner during the twelve (12) months preceding the event giving rise to the claim.

(c) No tax or legal advice. TRAK does not guarantee that any referred client will qualify for, or receive, any tax credit or specific amount. Partner will not represent to any client that a credit or amount is guaranteed. Each party is responsible for its own advice to its own clients.

(d) Exceptions. The limits in (a) and (b) do not apply to a party's fraud or willful misconduct, any breach of confidentiality or indemnification obligations in these Terms, or TRAK's obligation to pay earned commissions.

(e) Governing law. These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-law rules.

(f) Arbitration. Any dispute arising out of or related to these Terms or the Partner Program will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Birmingham, Alabama. The arbitrator's award may be entered in any court of competent jurisdiction. Either party may seek temporary injunctive relief in court to prevent irreparable harm pending arbitration. Claims will be brought only on an individual basis, not as a class or representative action.

Version 1.2 – effective for each partner on the date they accept these Terms at signup.