1. Enrollment and scope
Relay is operated by Foster Business Works. Enrollment is application-first and approval-required. We may approve, reject, suspend, or close participation based on program fit, risk, conduct, conflicts, or operational capacity. Approval applies only to the partner type, tier, sales track, offers, regions, methods, and permissions shown in the partner portal.
Affiliates promote through content or an audience. Professional Referral Partners make appropriate professional introductions or register business opportunities. Sales Partners actively prospect, set meetings, or close business only after separate manual authorization. Software role does not determine employee or independent-contractor classification.
2. Partner identity and account security
Partners must provide accurate application information, use their own verified sign-in, protect access, and promptly report suspected compromise. Partner IDs are immutable and referral codes may not be reassigned or misrepresented. A partner may see only its own protected data.
3. Promotion and disclosures
Partners must comply with the Promotional Rules, applicable advertising, privacy, anti-spam, telemarketing, intellectual-property, and consumer-protection law, and platform policies. Every endorsement must reflect honest experience and clearly disclose the material relationship near the endorsement. Approval does not authorize spam, unlawful texts, robocalls, impersonation, unsupported claims, false testimonials, coupon misuse, trademark bidding, cookie stuffing, or deceptive traffic practices.
4. Attribution and commissions
The current Commission and Payout Policy is incorporated into this agreement. Clicks and checkout starts do not earn commission. A commission is created only from a valid paid transaction or an explicitly eligible, evidenced sales event under the versioned rule in force. No partner earns commission for recruiting another partner. Referral and commission decisions may be adjusted for duplicate or existing opportunities, self-referrals, fraud, refunds, partial refunds, disputes, chargebacks, invalid payments, or rule ineligibility.
5. Business leads and customer data
Business opportunities receive protection only after Relay confirms they are not an existing customer, active opportunity, duplicate business, suppressed record, or another partner's active protected referral. Relay records the partner relationship and references the authoritative FBW pipeline; it does not grant ownership of the customer. Partners may use personal information only for the lawful, expected referral purpose and may not access customer downloads or unnecessary customer information.
6. Intellectual property
Approved assets and marks are a limited, revocable, non-exclusive license for authorized Relay promotion. Partners may not alter logos in a misleading way, register confusing domains or social identities, imply employment or endorsement, purchase trademark keywords without written permission, create unauthorized coupons, or retain assets after suspension or termination.
7. Suspension, termination, and records
Relay may pause tracking credit, hold commissions, suspend access, or terminate participation while investigating security, compliance, fraud, customer harm, or attribution conflicts. Material decisions and reasons are recorded. Valid obligations that survive review remain subject to the policy; invalid or fraudulent amounts may be reversed or voided.
8. Relationship and responsibility
Except where a separate signed agreement or applicable law states otherwise, participation does not create authority to bind Foster Business Works, exclusivity, a franchise, partnership, joint venture, or agency. Partners are responsible for their own business expenses, taxes, licenses, and legal compliance. Nothing in this section overrides worker-classification law or a separately determined employment relationship.
9. Changes
Relay commission rates, tier thresholds, qualification criteria, residual periods, promotional incentives, and other program economics may be modified prospectively as the program evolves. Changes will not retroactively reduce commissions already earned under the applicable terms in effect when the qualifying transaction occurred. Material changes will be communicated to affected partners before taking effect. The rule attached to every commission event remains auditable.
10. Dispute notice, governing law, and venue
A partner must raise a program, attribution, or commission dispute with supporting evidence within 30 days after the relevant portal entry or decision. Before filing suit, each party must give written notice describing the dispute and requested resolution, and the parties will use good-faith efforts to resolve it for 30 days. This informal period does not prevent either party from seeking temporary or emergency relief needed to protect confidential information, intellectual property, data security, or other rights that could be irreparably harmed.
This agreement is governed by Kansas law, without regard to conflict-of-law rules. Any permitted court proceeding must be brought exclusively in a state or federal court located in or serving Sedgwick County, Kansas, and each party consents to that court's personal jurisdiction and venue. This pilot agreement does not require mandatory arbitration.
11. Indemnification
The partner will defend and indemnify Foster Business Works and its owners, personnel, and service providers against a third-party claim, loss, or reasonable cost to the extent caused by the partner's unlawful or unauthorized promotion, deceptive statement, infringement or misuse of another person's rights, misuse of personal information, or material breach of these terms. Foster Business Works remains responsible for claims caused by its own products, services, gross negligence, willful misconduct, or violation of law. The party seeking indemnification must provide prompt notice and reasonable cooperation, and may participate in the defense; no settlement may impose an admission or non-monetary obligation on that party without its written consent.
12. Limitation of liability
To the fullest extent permitted by law, neither party is liable under this agreement for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits or business opportunities. Except for the exclusions below, each party's total aggregate liability arising from the program will not exceed the commissions paid or payable to the partner under Relay during the 12 months immediately preceding the event giving rise to the claim.
The exclusions and cap do not apply to fraud, willful misconduct, breach of confidentiality or data-security obligations, indemnification obligations, amounts validly earned and payable under the program, misuse of intellectual property, or liability that applicable law does not allow the parties to exclude or limit.
13. Pilot scope
These launch terms cover approved Affiliates and Professional Referral Partners. They do not activate a Sales Partner relationship, authorize phone-sales work, or decide worker classification. Any Sales Partner role requires a separate approved agreement and manual activation.
Questions or disputes
Email partners@fosterbusinessworks.com. Relay will document the issue, supporting evidence, decision, and any ledger adjustment.