Besque Affiliate Marketing Agreement

Version 1.0 — Effective July 8, 2026

This Besque Marketing Affiliate Agreement (this "Agreement") is a legally binding agreement between HBL Ventures LLC, a Delaware limited liability company with a registered address at 8 The Green, Suite B, Dover, Delaware 19901, USA ("Company," "Besque," "we," or "us"), and the individual or entity that applies to participate in the Besque Affiliate Marketing Program (the "Program") ("Affiliate," "you," or "your"). Company and Affiliate are each a "party" and together the "parties."

By checking the box stating "I have read and agree to the Besque Affiliate Marketing Agreement" and submitting your Program application, you acknowledge that you have had the opportunity to review this Agreement in full, and you agree to be bound by it. If you do not agree to this Agreement, do not check the box and do not submit an application.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE APPLYING. IT INCLUDES A MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTION 15), WHICH AFFECT YOUR LEGAL RIGHTS.

1. ELIGIBILITY AND ENROLLMENT

1.1 Eligibility. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into contracts. The Program is open to affiliates worldwide, subject to applicable law, including U.S. export control and sanctions laws; Company may decline or terminate enrollment of any applicant located in a jurisdiction subject to comprehensive sanctions or where participation would be unlawful.

1.2 Accurate Information. You must provide accurate, current, and complete information in your application and keep your account information (including payout and tax information) up to date at all times. Company may suspend or terminate your participation, and withhold Commissions, if any information you provide is false, misleading, or incomplete.

1.3 One Account. You may maintain only one affiliate account unless Company approves otherwise in writing.

2. TRACKING AND ATTRIBUTION

2.1 Tracking Platform. The Program is administered through Social Snowball (or a successor platform designated by Company) (the "Platform"). Upon approval, Affiliate will be issued one or more unique tracking links ("Safelinks" or "Tracking Tools").

2.2 Attribution. A customer order will be attributed to Affiliate only if the customer reaches Company's site through Affiliate's Safelink and completes the purchase within thirty (30) days of the customer's last click on that Safelink, on a last-click basis, as recorded by the Platform.

2.3 Platform Records Control. Attribution, sales, and Commission calculations will be determined solely by the records of the Platform and Company's systems, which will be final and binding absent manifest error. Company is not responsible for, and no Commission is payable in respect of, orders that are not properly tracked for any reason, including because the customer blocked or deleted cookies, the Safelink was altered, shortened, cloaked, or otherwise modified, or a technical failure occurred.

2.4 No Modification of Tracking Tools. Affiliate must use Tracking Tools as issued and may not alter, mask, or redirect them, or cause them to be triggered other than by a genuine, voluntary customer click.

3. COMMISSIONS

3.1 Commission Rates. Company will pay Affiliate a commission ("Commission") on Net Revenue from Qualified Sales at the rate(s) published to Affiliate in the Platform dashboard or otherwise communicated by Company in writing (including email), which rates are incorporated into this Agreement by reference. Company may modify Commission rates and tier structures prospectively on notice through the Platform or by email; modified rates apply to Qualified Sales occurring on or after the effective date of the change.

3.2 Net Revenue. "Net Revenue" means the amounts actually received by Company from a customer for products in a Qualified Sale, less returns, refunds, and chargebacks, and excluding shipping and handling charges, taxes, duties, and similar governmental charges. A "chargeback" means any reversal of a payment initiated by or on behalf of a customer through the customer's bank, card issuer, or payment provider.

3.3 Qualified Sale. "Qualified Sale" means a completed customer order that (a) is attributed to Affiliate under Section 2; (b) is not cancelled, returned, refunded (in whole; partial refunds reduce Net Revenue proportionately), or subject to a chargeback; (c) is a bona fide purchase by a genuine customer, and not a purchase made by Affiliate or on Affiliate's own behalf or for resale (a "self-referral"); and (d) does not arise from any breach of this Agreement, including the prohibited conduct in Section 5.

3.4 No Commission on Reversed Orders. No Commission is payable on any order that is refunded or subject to a chargeback. Any Commission already paid on an order that is subsequently refunded, charged back, cancelled, or determined to be fraudulent or in breach of this Agreement is subject to clawback under Section 4.4.

4. VALIDATION, PAYMENT, AND CLAWBACK

4.1 Payment Cycle. Commissions are calculated monthly for each calendar month (a "Commission Month"). Commissions for a Commission Month become due thirty (30) days after the end of that Commission Month, subject to an additional validation period of fifteen (15) days, such that validated Commissions will be released for payment no later than forty-five (45) days after the end of the applicable Commission Month.

4.2 Validation. During the validation period, Company may review attributed orders for returns, refunds, chargebacks, cancellations, self-referrals, suspected fraud, and compliance with this Agreement, and may adjust, withhold, or void Commissions accordingly. Company may extend the withholding of any specific Commission that is the subject of a good-faith investigation until the investigation is resolved.

4.3 Payment Method; Threshold. Payments are made through the Platform's supported payout methods to the payout account designated by Affiliate. Affiliate is responsible for the accuracy of its payout details and for any third-party processing fees imposed by its chosen payout method. Company may establish a minimum payout threshold of $200.00; balances below the threshold roll forward to the next payment cycle.

4.4 Clawback and Offset. If a Commission has been paid on an order that is later refunded, charged back, cancelled, or determined by Company to be a self-referral, fraudulent, or generated in breach of this Agreement, Company may (a) deduct the corresponding amount from any current or future amounts payable to Affiliate, and/or (b) require Affiliate to repay the amount within thirty (30) days of written demand. This Section survives termination.

4.5 Tax Documentation. As a condition to payment, Affiliate must provide accurate and complete tax documentation reasonably requested by Company or the Platform (including IRS Form W-9 for U.S. persons or the applicable Form W-8 series for non-U.S. persons). Company may withhold from payments any amounts required by applicable law.

4.6 Statement Disputes. Affiliate must notify Company in writing of any dispute regarding a Commission statement or payment within sixty (60) days after the statement or payment is made available; otherwise the statement or payment is deemed accepted.

5. PROMOTION STANDARDS AND PROHIBITED CONDUCT

5.1 Own Channels Only. Affiliate may promote Company's products on any social media or other online platform, but may share Tracking Tools only on websites, pages, profiles, channels, newsletters, and accounts that Affiliate owns or controls ("Affiliate Channels"). Affiliate may not post, submit, or permit the distribution of Tracking Tools or any discount codes generated through or associated with Tracking Tools on any coupon, voucher, discount-code, deal, or promotional-aggregator website or app, or any similar third-party aggregation service. Distribution of Tracking Tools or such codes through such sites or services is a material breach of this Agreement and grounds for immediate removal from the Program and forfeiture of associated Commissions.

5.2 Sub-Affiliate Prohibition. Affiliate may not sub-license, sub-contract, or delegate its promotional activities to any third party, or operate a "sub-affiliate" network using Company's Tracking Tools, without Company's prior written consent. Any unauthorized sub-affiliation is a material breach of this Agreement.

5.3 Prohibited Conduct. Affiliate must not: (a) engage in self-referrals; (b) engage in cookie stuffing, forced clicks, auto-redirects, iframes, pop-unders, toolbar or browser-extension injection, or any technique that sets tracking without a genuine, voluntary customer action; (c) bid on, register, or purchase search-engine keywords, advertising placements, domain names, social handles, or hashtags consisting of or confusingly similar to "Besque," Company's other trademarks, or misspellings thereof, or use them in ad copy or display URLs, without Company's prior written consent; (d) generate or purchase incentivized, bot, or otherwise non-genuine traffic, clicks, or purchases; (e) send unsolicited commercial messages in violation of applicable law (including CAN-SPAM, CASL, and PECR) or platform rules; (f) make any false, misleading, unsubstantiated, or deceptive statement about Company or its products, including unsubstantiated health, performance, pricing, or earnings claims; (g) represent itself as Company or as Company's employee or agent; (h) use Tracking Tools in connection with content that is unlawful, defamatory, obscene, hateful, discriminatory, or that otherwise could reasonably harm Company's reputation; or (i) circumvent or manipulate the Program, the Platform, or Commission structure in any manner.

5.4 Consequences. In addition to any other remedy, Company may void, withhold, or claw back any Commission arising from conduct that violates this Section 5, and may suspend or terminate Affiliate's participation under Section 9.

6. ADVERTISING DISCLOSURES AND LEGAL COMPLIANCE

6.1 Material-Connection Disclosures. Affiliate must clearly and conspicuously disclose its material connection to Company in each piece of content that contains or promotes a Tracking Tool, in accordance with the U.S. FTC's Guides Concerning the Use of Endorsements and Testimonials (e.g., "#ad," "paid partnership," or an equivalent unambiguous disclosure placed where consumers will see it before engaging with the content) and, where applicable, equivalent local requirements, including, but not limited to, the UK CAP Code and ASA/CMA guidance, Ad Standards Canada guidance, and the Australian AANA Code of Ethics.

6.2 Compliance with Laws. Affiliate must comply with all laws, regulations, and platform terms applicable to its promotional activities, including consumer protection, advertising, anti-spam, telemarketing, privacy, and data protection laws (including, as applicable, the GDPR, UK GDPR, CCPA, and CASL). Affiliate is solely responsible for its compliance and for obtaining any consents required for its own marketing activities.

6.3 Product Claims. Affiliate may state opinions honestly held and based on actual experience with the products, but may not make objective product claims beyond those contained in Company's current published product information or Brand Guidelines.

6.4 Consent to Monitoring. Affiliate consents to Company's monitoring of Affiliate Channels and promotional activities for compliance with this Agreement, including through automated tools, web scraping, and third-party monitoring services. Company may monitor at any time without notice.

6.5 Audit Rights. Company may audit Affiliate's compliance with this Agreement upon reasonable notice (which may be given by email). Affiliate will cooperate fully with any audit and provide reasonable access to records, traffic sources, promotional methods, and use of Tracking Tools. If an audit reveals a material breach, Affiliate will bear the reasonable costs of the audit in addition to any other remedies available to Company.

6.6 Tier Benefits; Exclusivity. Program tiers, including any enhanced benefits available to affiliates achieving thirty (30) or more validated Qualified Sales, are described in the Platform dashboard and may be updated by Company prospectively. Any exclusivity arrangement will apply only if set out in a separate written agreement signed or expressly accepted by both parties, and nothing in this Agreement imposes exclusivity on either party.

7. LICENSE TO BRAND ASSETS

7.1 License. Subject to Affiliate's compliance with this Agreement, Company grants Affiliate a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the Term only, to use the logos, product imagery, and other marketing materials that Company makes available to Program participants ("Brand Assets"), solely to promote Company's products in accordance with this Agreement and Company's written brand guidelines as updated from time to time (the "Brand Guidelines").

7.2 Restrictions. Affiliate may not modify, distort, animate, recolor, or create derivative works of any Brand Asset, or combine any Brand Asset with any other mark, without Company's prior written approval. Affiliate will not apply to register any trademark, domain name, or social handle consisting of or confusingly similar to Company's marks. All goodwill arising from use of the Brand Assets inures solely to Company's benefit.

7.3 Revocation. Company may revoke or modify the license in Section 7.1, or require changes to or removal of any use of Brand Assets, at any time on notice. Upon termination of this Agreement or revocation of the license, Affiliate must promptly cease all new use of the Brand Assets.

8. AFFILIATE CONTENT

8.1 Definition. "Affiliate Content" means any content, in any format or media (including photos, videos, audio, text, captions, and livestreams), that Affiliate creates or posts during the Term that features, depicts, references, or promotes Company, its products, its trademarks, or the Program.

8.2 Content License. Affiliate grants Company and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, distribute, publicly display, publicly perform, modify, adapt, crop, caption, translate, and create derivative works of Affiliate Content, in whole or in part, in any media now known or later developed, for any lawful business purpose, including on Company's websites, product pages, and social channels, in paid advertising, and through creator-whitelisting or brand-content tools, in each case without further notice, consent, or compensation.

8.3 Name and Likeness. Affiliate grants Company the right to use Affiliate's name, image, voice, likeness, and social handle as they appear in Affiliate Content, in connection with the uses licensed in Section 8.2.

8.4 Content Warranties. Affiliate represents and warrants that (a) Affiliate Content is its original work or Affiliate has secured all rights, licenses, releases, and permissions necessary for the uses licensed in this Section 8; (b) Affiliate Content and Company's licensed use of it will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights; and (c) Affiliate Content complies with Section 5, Section 6, and applicable law.

8.5 Negative Pledge. Affiliate represents and warrants that it has not and will not grant any third party rights in Affiliate Content that conflict with or are inconsistent with the assignment and license granted to Company in this Section 8.

9. TERM, SUSPENSION, AND TERMINATION

9.1 Term. This Agreement begins on the Effective Date and continues until terminated in accordance with this Section 9 (the "Term").

9.2 Termination for Convenience. Either party may terminate this Agreement for any reason or no reason on thirty (30) days' written notice to the other party (which Company may give by email or through the Platform).

9.3 Suspension; Immediate Termination by Company. Company may suspend Affiliate's account, Tracking Tools, and pending payments, or terminate this Agreement with immediate effect on notice, if (a) Affiliate breaches this Agreement (including Sections 5, 6, or 8.4); (b) Company reasonably suspects fraud, self-referral, manipulation of the Program, or unlawful activity; (c) Affiliate's conduct or content, in Company's reasonable judgment, harms or is likely to harm Company's reputation; or (d) Company discontinues the Program or the products in whole or in part.

9.4 Automatic Termination on Insolvency. This Agreement terminates automatically, without notice, upon Affiliate's insolvency, voluntary or involuntary bankruptcy filing, assignment for benefit of creditors, appointment of a receiver or trustee over Affiliate's assets, or any analogous proceeding under applicable law. Upon such automatic termination, all unpaid Commissions are forfeited.

9.5 Effect of Termination. Upon the effective date of termination: (a) Affiliate's Tracking Tools will be deactivated and Affiliate must immediately cease using them; (b) no Commission accrues on any order placed after the effective date of termination; (c) if Company terminates under Section 9.3(a) or (b), all unpaid Commissions are forfeited and cancelled in their entirety; and (d) in all other cases, Commissions on Qualified Sales completed before the effective date of termination remain payable in accordance with Section 4.

9.6 Survival. Sections 3, 4.4, 5.4, 6.6, 8, 9.4, 9.5, 9.7, 11, 12, 13, and 14 through 17 survive termination of this Agreement.

9.7 Permanent Disqualification. If this Agreement is terminated by Company under Section 9.3(a) or (b) due to fraud, self-referral, or a violation of Section 5 or Section 12.2, Company may permanently bar Affiliate from future participation in the Program.

10. AMENDMENTS

10.1 Updates. Company may amend this Agreement, the Brand Guidelines, and Program terms (including Commission rates and attribution rules) prospectively by posting the updated version and notifying Affiliate by email or through the Platform at least fifteen (15) days before the changes take effect, except that changes required by law or addressing fraud or security may take effect immediately on notice.

10.2 Acceptance of Updates. For material changes, Company may require Affiliate to re-accept the updated Agreement. In all cases, Affiliate's continued participation in the Program after the stated effective date of a change constitutes acceptance of the updated Agreement. Company will maintain records of each version of this Agreement and the version accepted by Affiliate.

11. CONFIDENTIALITY

11.1 Confidential Information. "Confidential Information" means any non-public information disclosed by Company to Affiliate or accessible through the Platform, including Commission rates and tier structures specific to Affiliate, unreleased products, pricing, affiliate program strategy, and Program performance data. Affiliate will keep all Confidential Information strictly confidential, will use it only for purposes of performing its obligations under this Agreement, and will not disclose it to any third party.

11.2 Injunctive Relief. Affiliate acknowledges that a breach or threatened breach by Affiliate of its confidentiality obligations would give rise to irreparable harm to Company for which monetary damages would not be an adequate remedy, and that Company will be entitled to equitable relief from any court of competent jurisdiction.

12. REPRESENTATIONS AND WARRANTIES

12.1 Mutual Representations. Each party represents and warrants that it has the right and authority to enter into this Agreement. Affiliate further represents and warrants that its participation in the Program and its promotional activities will comply with this Agreement and all applicable laws, and that all information it provides to Company is accurate and complete.

12.2 Audience and Metrics. Affiliate represents and warrants that any follower counts, audience demographics, engagement metrics, or traffic statistics communicated to Company are accurate, truthful, and not artificially inflated by purchased followers, bots, engagement pods, or any other inauthentic means. Material misrepresentation of audience or metrics constitutes fraud for purposes of this Agreement.

12.3 Anti-Bribery and Anti-Corruption. Affiliate will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010, and all equivalent anti-bribery and anti-corruption laws applicable to its activities under this Agreement.

12.4 Non-Disparagement. Affiliate will not, during the Term or at any time thereafter, make, publish, or communicate any statement that disparages, defames, or damages the reputation of Company, its products, its affiliates, or any of their respective officers, directors, employees, or agents.

13. INDEMNIFICATION

Affiliate will defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, members, employees, and agents from and against all claims, demands, actions, losses, liabilities, damages, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Affiliate Content; (b) Affiliate's promotional activities, channels, or use of the Tracking Tools or Brand Assets in breach of this Agreement; (c) Affiliate's breach of this Agreement or violation of applicable law; or (d) any claim that Affiliate is an employee or agent of Company.

14. DISCLAIMERS; LIMITATION OF LIABILITY

14.1 Disclaimers. THE PROGRAM, THE PLATFORM, THE TRACKING TOOLS, AND THE BRAND ASSETS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY MAKES NO REPRESENTATION OR GUARANTEE REGARDING THE LEVEL OF TRAFFIC, SALES, OR EARNINGS AFFILIATE MAY ACHIEVE.

14.2 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT.

14.3 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO AFFILIATE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.4 Limitation Period. Any claim or cause of action arising out of or relating to this Agreement must be commenced within one (1) year after the event giving rise to it, regardless of when discovered. Any claim not brought within this period is permanently barred.

15. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION

15.1 Governing Law. This Agreement and any dispute arising out of or relating to it are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.

15.2 Mandatory Informal Dispute Resolution. If Affiliate has any dispute, claim, or controversy relating to this Agreement or the Program (a "Dispute"), Affiliate must first provide Company with written notice by email to legal@besque.com. The parties agree to negotiate in good faith in an effort to resolve any Dispute within sixty (60) days. This informal dispute resolution process is mandatory and a condition precedent before initiating any formal dispute resolution proceeding.

15.3 Binding Individual Arbitration. The parties agree that the sole and exclusive forum and remedy for any and all Disputes that cannot be resolved informally shall be final and binding arbitration administered by the American Arbitration Association (the "AAA"). The applicable AAA Consumer Arbitration Rules and AAA Mass Arbitration Supplementary Rules shall apply, as modified by this Agreement.

15.4 Individual Relief and Class Action Waiver. AFFILIATE AGREES THAT IT WILL BRING CLAIMS AGAINST COMPANY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

15.5 Mass Arbitration Procedures. If twenty-five (25) or more claimants submit Dispute Notices raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration using the AAA Mass Arbitration Supplementary Rules in stages using staged bellwether proceedings.

15.6 Opting Out of Arbitration. IF AFFILIATE DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, AFFILIATE MUST NOTIFY COMPANY IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT AFFILIATE FIRST HAD NOTICE OF THIS AGREEMENT. WRITTEN NOTIFICATION MUST BE SENT TO legal@besque.com OR BY MAIL TO HBL VENTURES LLC, 8 THE GREEN, SUITE B, DOVER, DELAWARE 19901, USA.

15.7 Future Changes to Arbitration Provision. If Company makes future changes to this arbitration provision, Affiliate may reject such changes by sending Company written notice within thirty (30) days of the change to legal@besque.com.

15.8 Jury Trial Waiver. BOTH PARTIES AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, AFFILIATE AND COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN THE PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

15.9 Exceptions; Court Jurisdiction. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. For any Dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.

15.10 Cumulative Remedies. All rights and remedies of Company under this Agreement are cumulative and not exclusive of any other right or remedy at law, in equity, or otherwise.

16. INDEPENDENT CONTRACTOR STATUS

16.1 Relationship of the Parties. Affiliate is an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship between the parties. Affiliate has no authority to make any statement, representation, warranty, or commitment on Company's behalf, or to bind Company in any way.

16.2 No Employee Benefits; Taxes. Affiliate is not entitled to any employee benefits and is solely responsible for all income, self-employment, and other taxes, social contributions, registrations, and filings arising from Commissions or Affiliate's participation in the Program.

16.3 Non-Exclusive. Except as expressly agreed in a separate written exclusivity arrangement under Section 6.6, the Program is non-exclusive: Company may engage other affiliates and marketing partners, and Affiliate may participate in other affiliate programs.

17. GENERAL

17.1 Entire Agreement. This Agreement, together with the Brand Guidelines, the Commission rates and Program terms published in the Platform dashboard, and any documents expressly incorporated by reference, constitutes the entire agreement between the parties regarding the Program and supersedes all prior or contemporaneous understandings on that subject.

17.2 Assignment; Successors. Affiliate may not assign or transfer this Agreement or any rights or obligations under it without Company's prior written consent, and any attempted assignment in violation of this Section is void. Company may freely assign this Agreement.

17.3 Notices. All notices under this Agreement must be in writing. Company may give notices to Affiliate by email to the address associated with Affiliate's account or through the Platform. Affiliate must give notices to Company by email to legal@besque.com or by overnight courier or hand delivery to Company's address stated above.

17.4 Severability; Waiver. If any provision of this Agreement is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. A party's failure to enforce any provision is not a waiver of its right to do so later; waivers must be in writing.

17.5 Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.

17.6 No Third-Party Beneficiaries; Interpretation. There are no third-party beneficiaries to this Agreement. Headings are for convenience only; "including" means "including without limitation."

17.7 Language; Counterpart Records. This Agreement is drafted in English. Electronic records of acceptance maintained by Company or the Platform satisfy any requirement that this Agreement be in writing or signed.

17.8 Data Protection. If Affiliate processes any personal data of Company's customers or end users in connection with the Program, Affiliate will: (a) process such data solely for the purpose of fulfilling its obligations under this Agreement; (b) comply with all applicable data protection laws (including the GDPR, UK GDPR, and CCPA as applicable); and (c) upon Company's request, enter into a Data Processing Agreement on Company's standard terms.

17.9 Electronic Contracting. You agree that checking the box and submitting your application constitutes your electronic signature and manifests your assent to this Agreement, and that this Agreement may be formed, delivered, and stored electronically, in each case in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act as adopted, and other applicable electronic transactions laws.

17.10 Record of Acceptance. Company will maintain a record of your acceptance, including the date and time of acceptance and the version of this Agreement accepted. You agree that such records are admissible evidence of the formation and terms of this Agreement and that you will not contest the validity or enforceability of this Agreement on the ground that it was accepted electronically.

17.11 Authority. If you accept this Agreement on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "Affiliate" refers to that entity.