Affiliate & partner Terms of Service

Last Updated: 10/31/2025

These Affiliate and Partner Terms of Service (“Terms”) constitute a binding agreement between Kashu, Inc., and any individual or entity that applies for, is accepted into, or participates in Kashu’s Affiliate or White Label Partner Programs (collectively, the “Programs,” and each individually a “Participant,” “Affiliate,” or “Partner,” as applicable).

These Terms govern your participation in the Programs and are incorporated by reference into, and shall be read in conjunction with, the Kashu Independent Contractor & Affiliate Agreement or Kashu White Label Partner Agreement, as applicable, as well as Kashu’s Privacy Policy and Platform Terms of Service.

By applying to, being accepted into, or continuing participation in either Program, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

_{1. Overview and Program Distinctions}

The Kashu Programs are designed to allow independent participants to either refer users to the Kashu platform or operate their own branded instance of the Kashu software. Each Program is distinct in structure and compensation as described below:

(a) Affiliate Program. The Affiliate Program allows approved participants to promote and refer new users to Kashu’s platform through an authorized referral link. Affiliates earn commissions based on Kashu’s collected service fees on a referred user’s first completed transaction, subject to the tiered compensation structure and limitations described in Section 4.

(b) White Label Partner Program. The White Label Program allows approved partners to operate a customized or co-branded version of the Kashu platform. White Label Partners earn a negotiated percentage of Kashu’s collected fees on all transactions conducted through their designated instance or interface. White Label Partners are subject to separate commercial and technical obligations, as described in Section 5.

Participation in either Program is strictly conditional upon adherence to these Terms, all applicable agreements, and Kashu’s compliance standards.

_{2. Eligibility and Acceptance}

To participate in the Programs, you must:

(a) Be at least eighteen (18) years of age and possess full legal capacity to enter into binding contractual obligations;

(b) Maintain a verified account in good standing with Kashu;

(c) Complete all required tax, compliance, and identity verification processes, including Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) screening;

(d) Execute the applicable Affiliate Agreement or White Label Partner Agreement; and

(e) Be approved by Kashu’s compliance and partnerships departments in their sole discretion.

Kashu reserves the right to deny or revoke participation at any time, with or without cause, including but not limited to any breach of these Terms, violation of applicable law, reputational risk, or compliance irregularity.

_{3. General Representations and Warranties}

By participating in the Programs, you represent, warrant, and covenant that:

(a) You will conduct all activities lawfully, ethically, and in accordance with these Terms, applicable Program Agreements, and all applicable federal, state, and international laws, including BSA, AML, OFAC, and data protection regulations;

(b) You will not engage in false, deceptive, or misleading marketing or make unauthorized statements regarding Kashu, its affiliates, products, or services;

(c) You will not imply any joint venture, employment, or agency relationship between yourself and Kashu; and

(d) You will maintain accurate and complete records of all promotional and referral activities as may be requested by Kashu for audit, compliance, or verification purposes.

_{4. Affiliate Program Terms}

4.1 Compensation and Commission Structure

Affiliates shall earn commissions based solely upon Kashu’s receipt of collected fees from the first transaction completed by a referred user who registers through the Affiliate’s designated referral link. Commissions shall be determined according to the following structure:

• Gold Tier: 5% of Kashu’s collected service fees on the referred user’s first transaction (for affiliates generating between $100,000 and $499,999 in referred monthly volume).
• Platinum Tier: 10% of Kashu’s collected service fees on the referred user’s first transaction (for affiliates generating $500,000 or more in referred monthly volume).‍
• Executive Tier (Custom): A negotiated percentage rate, available only to approved affiliates operating through an authorized white-label or co-branded instance

Affiliates shall not be entitled to any residual or recurring compensation for subsequent transactions by referred users unless expressly stated in a written agreement signed by Kashu.

4.2 License Grant and Use Restrictions

Affiliate commissions are earned only for users who (i) access Kashu through the Affiliate’s unique referral link, and (ii) complete their first transaction on the platform. Kashu shall maintain exclusive discretion over the methods used for referral tracking and attribution. If a referred user fails to register or transact via the Affiliate’s designated link, the Affiliate shall not be credited for that user. Kashu shall have no obligation to adjust tracking results or pay commissions on untracked referrals.

_{4.3 Payouts and Adjustments}

Affiliate payouts shall occur no earlier than sixty (60) days following the close of the month in which the transaction occurred. Payouts shall be made by ACH or other approved method to the account on file and shall be net of chargebacks, refunds, reversals, disputes, or other offsets. Kashu reserves the right to withhold, delay, or offset payments in cases of suspected fraud, compliance review, or accounting error. Affiliates shall have sixty (60) days from receipt of payment to dispute any discrepancies in writing; failure to do so constitutes waiver of all claims.

_{4.4 Taxes and Reporting}

Affiliates are independent contractors and shall be solely responsible for the payment of all federal, state, and local taxes, including income and self-employment taxes. Kashu shall report payments on IRS Form 1099 or equivalent as required by law.

_{4.5 Third-Party Services}

Affiliates shall not:

• Use unauthorized advertising methods, including misleading claims or representations;
• Bid on Kashu trademarks, domain names, or variants in paid search or digital advertising campaigns;
• Represent themselves as employees, agents, or representatives of Kashu; or
• Engage in any activity likely to harm the reputation, goodwill, or compliance posture of Kashu

Violation of this Section shall result in immediate termination and forfeiture of unpaid commissions.

_{5. White Label Partner Program Terms}

5.1 Commercial Framework

Each approved White Label Partner shall enter into a separate White Label Partner Agreement, which governs the commercial, technical, and operational terms of participation.White Label Partners earn a negotiated percentage of Kashu’s collected service fees from all transactions processed through their designated branded interface (“Revenue Share”). This percentage shall be memorialized in the executed Schedule A to the applicable agreement.

Upon termination, your license to use the Services will be revoked, and any remaining funds or transactions may be subject to review. Termination does not relieve you of any obligations or liabilities accrued prior to such termination.

5.2 Fees and Payment Obligations

White Label Partners shall pay the following fees unless otherwise specified in writing:

(a) One-Time Setup Fee: USD $20,000 (non-refundable).
(b) Monthly Platform Fee: USD $3,000, due on the first day of each month during the initial twelve (12)-month term.

Failure to remit payment within sixty (60) days of the due date shall authorize Kashu to suspend access to the platform, withhold all commissions and revenue share distributions, and impose late fees or interest as permitted by law.

5.3 Payout Schedule

Revenue share payments shall be calculated monthly in arrears and disbursed no earlier than thirty (30) days following the close of the applicable transaction period. All payments shall be net of chargebacks, reversals, or other deductions. Kashu reserves the right to withhold or offset any amounts due to Partner in satisfaction of outstanding obligations.

5.4 Branding, Compliance, and Conduct

Partners may operate the platform under their own branding, provided that Kashu retains attribution rights such as “Powered by Kashu” or equivalent, where reasonably required.
Partners shall:

• Comply with all AML/BSA, OFAC, PCI DSS, GDPR, and related legal standards;
• Promptly report any suspicious activity, regulatory inquiry, or data breach to affiliates@kashupay.com; and
• Maintain accurate operational and support records in accordance with Kashu’s audit and compliance requirements.

5.5 Technical Support and Operations

Kashu shall provide system maintenance, infrastructure support, and second-level technical assistance as outlined in the applicable Agreement. Kashu shall also provide first-line customer support to its end users and ensure that its personnel are adequately trained in the use of the platform.

5.6 Termination and Post-Termination Obligations

Upon termination of the Partner’s Agreement for any reason:
(a) Partner’s right to access or operate the Kashu platform shall immediately cease;
(b) All outstanding platform fees and charges shall become immediately due and payable;
(c) Partner shall remove all branding, content, and references to Kashu from public-facing materials; and
(d) All confidential information and proprietary materials of Kashu shall be returned or destroyed in accordance with Section 9.

6. General Provisions Applicable to All Participants

6.1 Independent Contractor Relationship

Affiliates and Partners are independent contractors and not employees, agents, joint venturers, or franchisees of Kashu. Nothing in these Terms shall be construed to create any relationship of employment or agency. Participants have no authority to bind Kashu in contract or otherwise.

6.2 Chargebacks, Fraud, and Clawbacks

Kashu reserves the right to reverse or reclaim (“claw back”) any prior payment or credit if the underlying transaction is reversed, disputed, fraudulent, or otherwise invalidated. Kashu may offset such amounts against future payments without prior notice.

6.3 Limitation of Liability

In no event shall Kashu, its officers, directors, employees, or affiliates be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits or business opportunities.

Kashu’s aggregate liability to any Participant under these Terms shall not exceed the total amount paid to such Participant under the applicable Program during the twelve (12) months preceding the event giving rise to the claim.

6.4 Indemnification

Each Participant agrees to indemnify, defend, and hold harmless Kashu and its affiliates, officers, directors, employees, and representatives from and against any and all claims, losses, liabilities, or expenses arising from (i) Participant’s breach of these Terms, (ii) violation of applicable law, or (iii) negligence, fraud, or willful misconduct.

6.5 Modification of Terms

Kashu reserves the right to modify these Terms or the structure of the Programs at any time, in its sole discretion, with thirty (30) days’ notice. Continued participation after such notice constitutes acceptance of the revised Terms.

6.6 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms shall be submitted to binding arbitration before the American Arbitration Association in Cheyenne, Wyoming. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

6.7 Notices

All notices, requests, or communications under these Terms shall be in writing and deemed given when delivered personally, sent by certified mail (return receipt requested), or transmitted by email to affiliates@kashupay.com, or to such other address as Kashu may designate.

7. Contact Information

For questions or correspondence regarding the Affiliate or Partner Programs, please contact:

Kashu, Inc.
Attn: Partnerships and Affiliates Department
1603 Capitol Avenue, Suite 415
Cheyenne, WY 82001
Email: affiliates@kashupay.com
Website: www.kashupay.com/affiliates