1stContact.ai™ · Last Updated: June 2026
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 Services Agreement (the "Agreement") is a contract between you ("Affiliate," "you") and 1stContact.ai (the white label version of HighLevel; "we," "us"). It describes how we will work together and governs your application and service to 1stContact.ai as an Affiliate through the 1stContact.ai Affiliate Program (the "Program").
By applying to or providing service to 1stContact.ai through 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).
We have the sole discretion to accept or reject any application. If accepted, your continued service to 1stContact.ai 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 relationship with 1stContact.ai will be that of an independent contractor, and you will not be an agent, employee or representative of 1stContact.ai. You understand that you will have no authority to enter into contracts or create obligations on behalf of 1stContact.ai. You acknowledge that you will not be eligible for any employee benefits.
You agree to follow our Program Policies, the 1stContact.ai Terms of Service, and all applicable laws and regulations. You confirm that:
Responsibility for Your Team. You are responsible for making sure your employees, contractors, agents, and representatives comply with this Agreement and the Program Policies. If someone acting on your behalf does something that would violate these terms, we will treat it as your violation.
A breach of this section is a material breach of this Agreement.
As compensation for your service under this Agreement, 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; (3) maintains their account in good standing for at least 45 days; and (4) meets all other eligibility requirements in this Agreement and the Program Policies. For clarity, a purchase will not be considered a Qualified Purchase if the customer's 1stContact.ai account is paused at any point during the 45-day qualifying period.
Unless we say otherwise in the Program Policies, we award Commissions on a last-click basis within a 90-day window. In the event a customer interacts with multiple affiliates—including through various clicks, cookies, upgrades, cancellations, or re-subscriptions—1stContact.ai will determine attribution based on available tracking data. Any requests for attribution changes received more than ninety (90) days after the date of initial signup will be automatically denied. In instances where tracking technology does not accurately reflect the customer's sole and uninfluenced intent, 1stContact.ai reserves the sole right to determine which referral, if any, qualifies for a Commission, and such determination shall be final.
You earn Commissions only while a referred customer maintains an active, paid subscription for the applicable product. If a customer cancels the product purchased through your Affiliate Link, stops paying for a qualifying purchase, or otherwise leaves 1stContact.ai, you will no longer earn Commissions with respect to that customer for the canceled product.
Following a customer's cancellation, that customer will no longer be attributed to you thirty (30) days after the effective date of cancellation, unless the customer subsequently clicks your unique Affiliate Link again, completes a net-new purchase, and maintains their account in good standing for at least forty-five (45) days, in which case the purchase may be treated as a new Qualified Purchase, subject to this Agreement and the Program Policies.
If we approve, you may earn Commissions on Qualified Purchases made by Second-Tier Affiliates you recruit. We have full discretion to approve, deny, revoke, or modify Second-Tier Affiliate designations at any time, and to determine how second-tier Commissions are calculated and paid.
Unless we tell you otherwise in writing, the standard rates are:
We reserve the right to change Commission rates going forward.
We decide whether a purchase qualifies for a Commission. If we have questions or concerns about a transaction, we can pause or withhold payments, or take other action we think is appropriate.
We are not responsible for tracking failures caused by improperly formatted links, users clearing cookies, private browsing, or anything else that prevents your Affiliate Link from working correctly. We are also not responsible if a customer doesn't use your Affiliate Link.
Commissions are paid monthly, typically on the 15th of the month after we receive payment for the Qualified Purchase. If the 15th falls on a weekend or holiday, we'll pay on the next business day.
To get paid, you need:
If your info isn't current or we can't reach you, we may pause or, in limited cases, withhold payments.
You are responsible for paying any taxes on the Commissions you earn. We don't withhold taxes unless required by law.
We may hold payments until your earned Commissions exceed $50.00 USD. If your Commissions don't reach $50.00 USD within 120 days, you may forfeit them.
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, gets a refund, or disputes the charge.
Confidential Information includes all non-public business, technical, financial, or customer information you receive from us, including prospect or customer data. Confidential Information does not include information that: (a) becomes public through no fault of yours; (b) you already knew before we shared it; (c) you receive from someone else who wasn't required to keep it confidential; or (d) you develop on your own without using our Confidential Information. You may only use Confidential Information to provide service to 1stContact.ai pursuant to the Program, and you must not share Confidential Information with others unless required by law. When this Agreement ends for any reason, you must promptly return or delete all Confidential Information you have, including any copies, and confirm in writing that you've done so. This obligation survives termination of your participation in the Program and your service to 1stContact.ai.
We grant you a non-exclusive, non-transferable, revocable right to use the 1stContact.ai name, logos, and other brand assets that we make available to you (the "1stContact.ai Marks") solely for your service to 1stContact.ai through the Program.
The 1stContact.ai Marks include, without limitation, the following word marks and design marks (whether registered, pending, or unregistered):
You can find our Affiliate Brand Kit here.
You agree to:
You may not imply that you are an employee, contractor, or legal representative of 1stContact.ai. Any goodwill from your use of the 1stContact.ai Marks or other materials we provide belongs solely to 1stContact.ai. You will not contest or assist others in contesting our ownership or validity of the Marks. Improper use of the Marks automatically ends your right, 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 1stContact.ai, educate our team and community, improve our products and services, and train or improve our artificial intelligence (AI) systems and tools.
This permission includes Affiliate Content captured or created in connection with live or recorded events, webinars, podcasts, conferences, workshops, summits, or other similar activities related to the Program.
This permission is worldwide, royalty-free, and continues even after you leave the Program for any Affiliate Content you've already created or shared. To the fullest extent allowed by law, you waive any right to approve how we use your Affiliate Content and release 1stContact.ai from any claims based on rights of publicity, privacy, moral rights, or similar rights that might limit these uses.
We may use your Affiliate Content directly or through trusted partners who help us operate or improve our business under appropriate confidentiality commitments.
We won't sell your Affiliate Content. We may, however, use it to develop, train, or improve tools and systems that benefit the 1stContact.ai community. We'll always use it in ways that won't harm your reputation or business and align with our business relationship.
This Agreement begins when you are accepted into the Program and continues until terminated.
Either of us may terminate this Agreement for any reason by providing 30 days' written notice. Send termination notices to affiliates@1stcontact.ai; we'll send notices to the email address associated with your affiliate account.
If you break these rules, we may suspend or end your service to 1stContact.ai right away. This includes violations of FTC disclosure rules, CAN-SPAM, TCPA, or related laws; misusing our Marks; failure to notify us of complaints as required in the Program Policies; misrepresenting your relationship with 1stContact.ai; or doing anything that harms our reputation.
If we determine that you have committed an infraction that violates these Terms, we will notify the account owner in writing describing the alleged infraction. You will have twenty-four (24) hours from receipt of that notice to correct the issue. If the issue has not been corrected within the 24-hour period, you may not receive payment for services rendered, any earned or unpaid Commissions may be forfeited, and any outstanding refunds or other amounts owed to you may be withheld — and we may immediately terminate your participation in the Program. Nothing in this section limits our right to suspend or withhold any payments under any other provision of this Agreement.
If we become aware of conduct by you (or by anyone acting on your behalf) that we determine, in our sole discretion, may be inconsistent with the values, reputation, or interests of 1stContact.ai, the Program, or the 1stContact.ai community, we may take any action we consider appropriate, including one or more of the following:
We are not required to follow any particular sequence, provide advance notice, or conduct a formal investigation before acting under this section. We may act based on allegations, complaints, public reports, or any other information we consider relevant, regardless of whether such matters have been formally adjudicated.
If we terminate your participation in the Program under this section, it will be treated as a termination for cause for all purposes under this Agreement, including the forfeiture provisions below.
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 1stContact.ai Marks.
You will indemnify, defend, and hold 1stContact.ai harmless from any claims, damages, fines, or costs (including attorneys' fees) that result from:
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 LOWER OF (A) THREE (3) TIMES THE COMMISSIONS PAID OR PAYABLE TO YOU IN THE CALENDAR MONTH IMMEDIATELY BEFORE THE CLAIM, OR (B) $1,500.
PLEASE READ CAREFULLY — MANDATORY ARBITRATION & CLASS ACTION WAIVER
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM AGAINST 1STCONTACT.AI IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, with the arbitration conducted in Dallas, Texas. The parties expressly waive any right to a trial by jury. You agree that any claim brought on your behalf under this Agreement must be brought within one (1) year of the date the claim arises.
During the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement, you agree not to intentionally solicit for employment any of our employees or contractors. This provision is not intended to limit the mobility of employees or contractors who respond to general public job postings.
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 shall provide prompt notice to the other party and use commercially reasonable efforts to resume performance as soon as practicable.
This Affiliate Agreement (together with the Program Policies, the 1stContact.ai Terms of Service, and the Data Processing Agreement) is the complete and exclusive agreement between you and us regarding the Program.
If any provision of this Agreement is found unenforceable, the rest of the Agreement will remain in effect.
You agree that a breach of Sections 5 (Confidentiality) or 6 (Intellectual Property) would cause irreparable harm for which money damages wouldn't be adequate. We may seek injunctive relief without posting a bond.
We are not responsible for any third-party products, services, or content, and we make no guarantees about their accuracy or availability.
We may update this Agreement from time to time. We will notify you of any material changes. If you don't agree to a change, you may terminate your service to 1stContact.ai by giving us notice. Your continued service to 1stContact.ai through 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 1stContact.ai may work with other affiliates, partners, and businesses.
You can't assign or transfer this Agreement, or any of your rights or obligations under it, without our prior written consent. Any assignment without consent is void. We may assign this Agreement without restriction.
Our failure to enforce any provision of this Agreement is not a waiver of that provision or of our right to enforce it later.
Sections 5 (Confidentiality), 6 (Intellectual Property), 7 (Term, Termination, and Remedies for Breach), 8 (Indemnification), 9 (Limitation of Liability), 10 (Dispute Resolution), and 11 (Non-Solicitation) will survive the termination or expiration of this Agreement.
You will not offer, pay, or authorize payments or gifts to any government official or other person to improperly influence any decision related to the Program.
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.