Affiliate Program Terms

Version 2026-11-06
Effective: November 6, 2026

1. Agreement

These Affiliate Program Terms ("Affiliate Terms") are a binding contract between you ("you" or "Affiliate") and Mycolytica LLC, a Texas limited liability company doing business as ExplainmyERMI (the "Company," "ExplainmyERMI," "we," "us," or "our"). They govern your participation in the ExplainmyERMI affiliate program (the "Program"). The contracting party is the Company; references to "ExplainmyERMI" in these Affiliate Terms refer to the Company as defined here.

You accept these Affiliate Terms when you submit an application and tick the box agreeing to them. You become an Affiliate only when we approve your application by email. Our customer Terms of Service, Disclaimer, and Privacy Policy, as published on explainmyermi.com, also apply to anything you do on the Site.

2. What the Program Is

ExplainmyERMI sells educational interpretations of ERMI lab results that a buyer already has (each, a "Report"). As an Affiliate, you tell people about ExplainmyERMI. The Program has two tracks. You choose one when you apply:

Commission track. Buyers who use your Code get a discount of 10% or 15%, which you choose, and you earn a commission on each Qualifying Order.
Client Code track. Buyers who use your Code get a discount of 15%. You earn nothing, and we pay you nothing. This track is for professionals whose licensing or professional rules do not allow them to accept a commission, and for anyone else who prefers it.

Sections 5 through 10, and Section 12(b) and (c), apply only to the Commission track. Every other Section applies to both tracks. On the Client Code track, Section 5 applies only as follows: during a Sitewide Sale, the buyer gets the larger of your Client Code discount and the Sitewide Sale discount, never both. We may change the Client Code discount by email notice; a change applies to orders placed after the notice.

We do not give Client Code holders money, gifts, free Reports, or anything else of value based on how often their Code is used.

You are an independent contractor. You are not our employee, agent, partner, or representative. You may not make promises, statements, or agreements on our behalf.

3. Who Can Join, and Choosing Your Track

To join and stay in the Program, you must:

be at least 18 years old and live in the United States;
give us accurate information and keep it current; and
for the Commission track, have a U.S. bank account in your own name, or in the name of a business you own, that can receive payments.

You choose your track, and you are responsible for that choice. We do not review whether the laws, licensing rules, professional codes, or employer policies that apply to you allow you to accept a commission. That is your responsibility. Rules that commonly restrict or forbid referral payments include those for real estate brokers and sales agents (including the federal Real Estate Settlement Procedures Act and state real estate commission rules), home inspectors, mold assessors and remediators, and some licensed health professionals. If rules like these apply to you, choose the Client Code track.

By choosing the Commission track, you represent and warrant that accepting commissions under these Affiliate Terms is allowed by every law, licensing rule, professional code, and employer policy that applies to you, and that you will make any disclosures to, and get any consents from, your clients that those rules require. You must tell us promptly if that stops being true.

If we learn that the Commission track may not be allowed for you, we may move you to the Client Code track, hold or cancel unpaid commissions, or end your participation. We may decline any application, for any reason, and we do not have to give one.

Changing tracks. If you are on the Client Code track, you may ask on your affiliate page to move to the Commission track. When you ask, you give the representation and warranty above, as of that date. The move takes effect only when we approve it by email, and it applies to orders placed after that email. We may decline the request. If you are on the Commission track and want to move to the Client Code track, email us at hello@explainmyermi.com. After a move to the Client Code track, your commissions on earlier Qualifying Orders are still paid under Sections 8 and 9, unless we cancel them as this Section allows. Your Code stays the same when you change tracks.

4. Your Code

When we approve you, we give you a personal discount code (your "Code"). You may share your Code only in the ways these Affiliate Terms allow.

When a buyer enters your Code on our order page, we show the name you gave us when you applied under it, so the buyer can see whose Code it is. If you want a different name shown, email us at hello@explainmyermi.com.

5. Buyer Discount

You choose the discount a buyer receives with your Code:

Buyer discount	Your commission rate
10% off (standard)	your rate under Section 6(a)
15% off	your rate, less 5 percentage points

Your Code starts at 10% off. You may change your choice on your affiliate page once every thirty (30) days. A change applies to orders placed after you make it. Choosing 15% off is your own choice, not a change to your rate under Section 6(a), so no notice period applies to it.

Sitewide sales. From time to time we may run a sale that applies to every buyer (a "Sitewide Sale"). During a Sitewide Sale, your Code gives the buyer the Sitewide Sale price instead of your Code's discount. The buyer always gets the larger of the two discounts, never both. An order placed with your Code during a Sitewide Sale is still credited to you. We will try to tell you about a Sitewide Sale before it starts, but we are not required to.

6. Commissions

(a) Rate. You earn your commission rate on the Net Order Amount of each Qualifying Order. Your rate is stated in your approval email and on your affiliate page. The standard rate is 15%, with a 10% buyer discount. If you choose 15% off under Section 5, your rate is 5 percentage points lower (10% at the standard rate) for orders placed while that choice is in effect. We may raise your rate at our discretion. We may lower it only by giving you at least thirty (30) days' notice by email, and a lower rate applies only to orders placed after that notice period ends.

(b) Net Order Amount. The "Net Order Amount" is what the buyer actually paid for the Report or Reports, after every discount, and not counting sales tax.

(c) Qualifying Order. An order is a "Qualifying Order" when all of the following are true:

it is paid in full;
it is credited to you under Section 7; and
it is not refunded, charged back, or found to be fraudulent.

(d) Examples. At the standard rate, with a 10% buyer discount, a one-location Report ($59.00 list price, $53.10 paid) earns $7.97. With a 15% buyer discount, the same Report ($50.15 paid) earns $5.02.

7. How Orders Are Credited to You

(a) Code. An order on which the buyer enters your Code is credited to you.

(b) Only the Code counts. We do not track links or clicks. An order on which a buyer does not enter your Code is not credited to you, even if you recommended ExplainmyERMI to that buyer. Remind your audience to enter your Code at checkout.

(c) Statement errors. If you believe a statement is wrong, for example a commission is missing or miscalculated, tell us within sixty (60) days of that statement. We will check our order records and correct any error. An order that was placed without your Code cannot be credited to you.

8. Hold Period, Refunds, and Chargebacks

(a) Hold. Each commission is held for thirty (30) days after the order is paid. This matches the period in which a buyer may ask for a refund under our Terms of Service.

(b) During the hold. If an order is refunded, charged back, or found to be fraudulent during the hold, its commission is cancelled.

(c) After payment. If an order is refunded or charged back after we have paid its commission, we will deduct that commission from your future commissions. We will not ask you to repay it, except where Section 12(c) applies.

9. Payment

(a) Payday. We pay once each calendar month, on a day we choose. Each payment covers your commissions that have finished their hold period and have not yet been paid.

(b) Minimum. We pay only when the amount due to you is at least twenty dollars ($20.00). A smaller amount carries forward to the next month.

(c) How we pay. We pay by bank transfer through our payment processor, Stripe. To be paid, you must enter your bank details in Stripe's secure form, which you open from your affiliate page. We do not see or store your full bank account number. We pay Stripe's transfer fees. Any fee your own bank charges is yours. Stripe may hold a payment for review, which can delay it.

(d) Wrong details. You are responsible for giving correct bank details. If a payment is returned because of incorrect details, we will pay it again after you correct them. We are not responsible for a payment sent to the account you gave us.

(e) Statements. Each month we will email you a statement showing the number of Qualifying Orders credited to you, your commissions, the amount on hold, and the amount paid. You can also see this on your affiliate page.

(f) No information about buyers. Your affiliate page lists each order credited to you: the date, what the buyer paid before sales tax, your commission, and its status. Statements show counts and amounts. We never tell you who bought, and we will not identify a buyer to you if you ask.

10. Taxes

You are responsible for your own taxes on the commissions you earn. We may ask you for a completed IRS Form W-9, and we will ask for it before your payments from us reach two thousand dollars ($2,000) in a calendar year. We may hold payments until we receive it. We will file the tax forms the law requires, including Form 1099-NEC where it applies. We do not withhold taxes from your commissions unless the law requires us to.

11. How You May Promote ExplainmyERMI

(a) Disclosure is required (Commission track). Every time you share your Code, or recommend ExplainmyERMI, you must clearly tell your audience that you earn a commission. The disclosure must be easy to see and close to your Code or recommendation. For example: "I earn a commission if you buy with my code." In a video or live stream, say it out loud and show it on screen. On social media, put it in the post itself, not only in your profile. The word "affiliate" or a hashtag alone is not enough. On the Client Code track you earn nothing, so no commission disclosure is needed.

Free Reports. If we gave you a free Report and you are on the Client Code track, briefly mention it when you publicly recommend ExplainmyERMI, for example "I got a free report to try." On the Commission track, your commission disclosure is enough.

(b) Describe the service accurately. When you talk about ExplainmyERMI, you must:

describe it as an educational interpretation of ERMI lab results the buyer already has;
never call it, or suggest it is, a mold assessment, mold inspection, mold test, or laboratory analysis;
never say or suggest that a Report diagnoses mold growth, illness, or any health condition, or tells anyone whether a building is safe;
never say or suggest that ERMI results, or a Report, mean that someone needs to buy any product or service;
never say that ExplainmyERMI is endorsed by, or affiliated with, the U.S. Environmental Protection Agency, any laboratory, or Dr. Ritchie Shoemaker; and
never make health or medical claims about ExplainmyERMI.

You may say that ExplainmyERMI is not a mold inspection, and that people with concerns about their building should consult an independent mold assessor, and people with health concerns should consult a clinician.

(c) Prohibited methods. You must not:

post your Code on coupon, deal, or cashback websites, or in browser extensions that insert codes;
bid on "ExplainmyERMI," or any misspelling or variation of it, in search-engine advertising, or use it in a domain name, account name, or app name;
send spam, or any email, text message, or call that breaks anti-spam or telemarketing laws;
offer buyers cash, rebates, or part of your commission in exchange for using your Code, other than the buyer discount you choose under Section 5;
pretend to be ExplainmyERMI, or suggest that you speak for us; or
promote ExplainmyERMI next to content that is unlawful, hateful, or misleading.

(d) Our name and logo. We give you a limited, revocable, non-exclusive license to use the name "ExplainmyERMI," and any logo we provide, only to promote the Program under these Affiliate Terms. You may not change them. The license ends when your participation ends.

(e) We may check. We may review how you promote ExplainmyERMI and ask you to change or remove content that does not follow this Section. You agree to do so promptly.

12. Ending Your Participation

(a) Either side may end it. You may leave the Program at any time by emailing hello@explainmyermi.com. We may end your participation at any time by email.

(b) What you are paid. When your participation ends, you are paid your commissions on Qualifying Orders placed before it ended, once their hold periods finish, on our next payday, even if the total is less than twenty dollars ($20.00).

(c) Breach or fraud. If we end your participation because you broke these Affiliate Terms, we may cancel commissions on orders connected to the breach. If you obtained commissions by fraud, you must repay them.

(d) After it ends. You must stop using your Code and our name and logo. We will deactivate your Code.

13. Your Data

We collect and use your personal information as described in our Privacy Policy, including your name, email address, payment records, and the tax information you give us. On the Commission track, your bank details are collected and held by Stripe, not by us. You sign in to your affiliate page with a one-time link sent to your email address. Keep access to that email account secure.

14. No Warranties

The Program is provided "as is." We do not promise that you will earn any particular amount, that our site or tracking will always work, or that the Program will continue. We may change or end the Program at any time, subject to Section 12(b) for commissions already earned.

15. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total liability to you arising out of or relating to the Program or these Affiliate Terms will not exceed the greater of (i) the commissions paid to you in the twelve (12) months before the claim arose, or (ii) one hundred dollars ($100). To the maximum extent permitted by applicable law, the Company is not liable for any indirect, incidental, consequential, special, or punitive damages. Nothing in these Affiliate Terms limits liability that cannot be limited under applicable law, including liability for fraud.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its members, officers, employees, and agents from and against any claims, losses, liabilities, fines, and costs (including reasonable attorneys' fees) arising out of: your promotion of ExplainmyERMI; your failure to make the disclosures Section 11 requires; any claim you make about ExplainmyERMI that these Affiliate Terms do not allow; or your breach of these Affiliate Terms or of any law or professional rule that applies to you.

17. Disputes, Governing Law, and Venue

(a) Informal resolution first. Any dispute, claim, or controversy arising out of or relating to the Program or these Affiliate Terms is a "Dispute." Before filing any formal claim, you and the Company agree to first contact each other by email and try in good faith to resolve the Dispute informally for at least sixty (60) days. Notices to the Company go to legal@mycolytica.com.

(b) Where Disputes are decided. A Dispute that is not resolved informally may be brought as an individual action in small-claims court (in Texas, a justice court) if it qualifies, or otherwise in the courts named in subsection (d). These Affiliate Terms do not require arbitration.

(c) Individual claims only, and no jury. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. If either waiver is found unenforceable as to a particular claim, that claim may proceed as applicable law allows, and the rest of these Affiliate Terms remains in effect.

(d) Governing law and venue. These Affiliate Terms, and any Dispute, are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Subject to the small-claims option in subsection (b), you and the Company consent to the personal jurisdiction of, and agree to bring any Dispute in, the state courts located in Williamson County, Texas, or the United States District Court for the Western District of Texas, Austin Division, except where applicable law gives you the right to bring it elsewhere.

18. Changes to These Affiliate Terms

We may update these Affiliate Terms. We will email you a new version at least thirty (30) days before it takes effect. If you keep taking part in the Program after that date, you accept the new version. If you do not accept it, you may leave the Program under Section 12. A change does not affect commissions on orders placed before it takes effect.

19. General

(a) Notices. Legal notices to the Company must be sent in writing to:

Mycolytica LLC d/b/a ExplainmyERMI
5900 Balcones Drive STE 100
Austin, TX 78731
Email: legal@mycolytica.com

Notices to you may be sent to the email address you gave us. You are responsible for keeping it current.

(b) Assignment. You may not assign or transfer these Affiliate Terms or your participation without our written consent. We may assign them in connection with a merger, acquisition, sale of assets, financing, or by operation of law.

(c) Severability. If any provision is found invalid or unenforceable, the rest remains in effect, and that provision will be changed only as much as needed to make it enforceable while keeping its purpose.

(d) Entire agreement. These Affiliate Terms, together with your approval email, are the entire agreement between you and the Company about the Program. No waiver is effective unless it is in writing.

20. Contact

Mycolytica LLC d/b/a ExplainmyERMI
5900 Balcones Drive STE 100, Austin, TX 78731
Principal place of business: Williamson County, Texas
Affiliate program: hello@explainmyermi.com
Legal notices: legal@mycolytica.com
Privacy inquiries: privacy@explainmyermi.com

Show the exact stored text (version 2026-11-06)

# Affiliate Program Terms

**Version 2026-11-06**
**Effective: November 6, 2026**

## 1. Agreement

These Affiliate Program Terms ("**Affiliate Terms**") are a binding contract between you ("**you**" or "**Affiliate**") and **Mycolytica LLC**, a Texas limited liability company doing business as **ExplainmyERMI** (the "**Company**," "**ExplainmyERMI**," "**we**," "**us**," or "**our**"). They govern your participation in the ExplainmyERMI affiliate program (the "**Program**"). The contracting party is the Company; references to "ExplainmyERMI" in these Affiliate Terms refer to the Company as defined here.

## 2. What the Program Is

ExplainmyERMI sells educational interpretations of ERMI lab results that a buyer already has (each, a "**Report**"). As an Affiliate, you tell people about ExplainmyERMI. The Program has two tracks. You choose one when you apply:

- **Commission track.** Buyers who use your Code get a discount of 10% or 15%, which you choose, and you earn a commission on each Qualifying Order.
- **Client Code track.** Buyers who use your Code get a discount of **15%**. You earn nothing, and we pay you nothing. This track is for professionals whose licensing or professional rules do not allow them to accept a commission, and for anyone else who prefers it.

We do not give Client Code holders money, gifts, free Reports, or anything else of value based on how often their Code is used.

You are an independent contractor. You are not our employee, agent, partner, or representative. You may not make promises, statements, or agreements on our behalf.

## 3. Who Can Join, and Choosing Your Track

To join and stay in the Program, you must:

- be at least 18 years old and live in the United States;
- give us accurate information and keep it current; and
- for the Commission track, have a U.S. bank account in your own name, or in the name of a business you own, that can receive payments.

**You choose your track, and you are responsible for that choice.** We do not review whether the laws, licensing rules, professional codes, or employer policies that apply to you allow you to accept a commission. That is your responsibility. Rules that commonly restrict or forbid referral payments include those for real estate brokers and sales agents (including the federal Real Estate Settlement Procedures Act and state real estate commission rules), home inspectors, mold assessors and remediators, and some licensed health professionals. If rules like these apply to you, choose the Client Code track.

**By choosing the Commission track, you represent and warrant** that accepting commissions under these Affiliate Terms is allowed by every law, licensing rule, professional code, and employer policy that applies to you, and that you will make any disclosures to, and get any consents from, your clients that those rules require. You must tell us promptly if that stops being true.

**Changing tracks.** If you are on the Client Code track, you may ask on your affiliate page to move to the Commission track. When you ask, you give the representation and warranty above, as of that date. The move takes effect only when we approve it by email, and it applies to orders placed after that email. We may decline the request. If you are on the Commission track and want to move to the Client Code track, email us at hello@explainmyermi.com. After a move to the Client Code track, your commissions on earlier Qualifying Orders are still paid under Sections 8 and 9, unless we cancel them as this Section allows. Your Code stays the same when you change tracks.

## 4. Your Code

When we approve you, we give you a personal discount code (your "**Code**"). You may share your Code only in the ways these Affiliate Terms allow.

## 5. Buyer Discount

You choose the discount a buyer receives with your Code:

| Buyer discount | Your commission rate |
|---|---|
| **10% off** (standard) | your rate under Section 6(a) |
| **15% off** | your rate, less 5 percentage points |

**Sitewide sales.** From time to time we may run a sale that applies to every buyer (a "**Sitewide Sale**"). During a Sitewide Sale, your Code gives the buyer the Sitewide Sale price instead of your Code's discount. The buyer always gets the larger of the two discounts, never both. An order placed with your Code during a Sitewide Sale is still credited to you. We will try to tell you about a Sitewide Sale before it starts, but we are not required to.

## 6. Commissions

**(a) Rate.** You earn your commission rate on the Net Order Amount of each Qualifying Order. Your rate is stated in your approval email and on your affiliate page. The standard rate is 15%, with a 10% buyer discount. If you choose 15% off under Section 5, your rate is 5 percentage points lower (10% at the standard rate) for orders placed while that choice is in effect. We may raise your rate at our discretion. We may lower it only by giving you at least thirty (30) days' notice by email, and a lower rate applies only to orders placed after that notice period ends.

**(b) Net Order Amount.** The "**Net Order Amount**" is what the buyer actually paid for the Report or Reports, after every discount, and not counting sales tax.

**(c) Qualifying Order.** An order is a "**Qualifying Order**" when all of the following are true:

- it is paid in full;
- it is credited to you under Section 7; and
- it is not refunded, charged back, or found to be fraudulent.

**(d) Examples.** At the standard rate, with a 10% buyer discount, a one-location Report ($59.00 list price, $53.10 paid) earns $7.97. With a 15% buyer discount, the same Report ($50.15 paid) earns $5.02.

## 7. How Orders Are Credited to You

**(a) Code.** An order on which the buyer enters your Code is credited to you.

**(b) Only the Code counts.** We do not track links or clicks. An order on which a buyer does not enter your Code is not credited to you, even if you recommended ExplainmyERMI to that buyer. Remind your audience to enter your Code at checkout.

**(c) Statement errors.** If you believe a statement is wrong, for example a commission is missing or miscalculated, tell us within sixty (60) days of that statement. We will check our order records and correct any error. An order that was placed without your Code cannot be credited to you.

## 8. Hold Period, Refunds, and Chargebacks

**(a) Hold.** Each commission is held for thirty (30) days after the order is paid. This matches the period in which a buyer may ask for a refund under our Terms of Service.

**(b) During the hold.** If an order is refunded, charged back, or found to be fraudulent during the hold, its commission is cancelled.

**(c) After payment.** If an order is refunded or charged back after we have paid its commission, we will deduct that commission from your future commissions. We will not ask you to repay it, except where Section 12(c) applies.

## 9. Payment

**(a) Payday.** We pay once each calendar month, on a day we choose. Each payment covers your commissions that have finished their hold period and have not yet been paid.

**(b) Minimum.** We pay only when the amount due to you is at least twenty dollars ($20.00). A smaller amount carries forward to the next month.

**(c) How we pay.** We pay by bank transfer through our payment processor, Stripe. To be paid, you must enter your bank details in Stripe's secure form, which you open from your affiliate page. We do not see or store your full bank account number. We pay Stripe's transfer fees. Any fee your own bank charges is yours. Stripe may hold a payment for review, which can delay it.

**(d) Wrong details.** You are responsible for giving correct bank details. If a payment is returned because of incorrect details, we will pay it again after you correct them. We are not responsible for a payment sent to the account you gave us.

**(e) Statements.** Each month we will email you a statement showing the number of Qualifying Orders credited to you, your commissions, the amount on hold, and the amount paid. You can also see this on your affiliate page.

**(f) No information about buyers.** Your affiliate page lists each order credited to you: the date, what the buyer paid before sales tax, your commission, and its status. Statements show counts and amounts. We never tell you who bought, and we will not identify a buyer to you if you ask.

## 10. Taxes

## 11. How You May Promote ExplainmyERMI

**(a) Disclosure is required (Commission track).** Every time you share your Code, or recommend ExplainmyERMI, you must clearly tell your audience that you earn a commission. The disclosure must be easy to see and close to your Code or recommendation. For example: "I earn a commission if you buy with my code." In a video or live stream, say it out loud and show it on screen. On social media, put it in the post itself, not only in your profile. The word "affiliate" or a hashtag alone is not enough. On the Client Code track you earn nothing, so no commission disclosure is needed.

**Free Reports.** If we gave you a free Report and you are on the Client Code track, briefly mention it when you publicly recommend ExplainmyERMI, for example "I got a free report to try." On the Commission track, your commission disclosure is enough.

**(b) Describe the service accurately.** When you talk about ExplainmyERMI, you must:

- describe it as an educational interpretation of ERMI lab results the buyer already has;
- never call it, or suggest it is, a mold assessment, mold inspection, mold test, or laboratory analysis;
- never say or suggest that a Report diagnoses mold growth, illness, or any health condition, or tells anyone whether a building is safe;
- never say or suggest that ERMI results, or a Report, mean that someone needs to buy any product or service;
- never say that ExplainmyERMI is endorsed by, or affiliated with, the U.S. Environmental Protection Agency, any laboratory, or Dr. Ritchie Shoemaker; and
- never make health or medical claims about ExplainmyERMI.

**(c) Prohibited methods.** You must not:

- post your Code on coupon, deal, or cashback websites, or in browser extensions that insert codes;
- bid on "ExplainmyERMI," or any misspelling or variation of it, in search-engine advertising, or use it in a domain name, account name, or app name;
- send spam, or any email, text message, or call that breaks anti-spam or telemarketing laws;
- offer buyers cash, rebates, or part of your commission in exchange for using your Code, other than the buyer discount you choose under Section 5;
- pretend to be ExplainmyERMI, or suggest that you speak for us; or
- promote ExplainmyERMI next to content that is unlawful, hateful, or misleading.

**(d) Our name and logo.** We give you a limited, revocable, non-exclusive license to use the name "ExplainmyERMI," and any logo we provide, only to promote the Program under these Affiliate Terms. You may not change them. The license ends when your participation ends.

**(e) We may check.** We may review how you promote ExplainmyERMI and ask you to change or remove content that does not follow this Section. You agree to do so promptly.

## 12. Ending Your Participation

**(a) Either side may end it.** You may leave the Program at any time by emailing hello@explainmyermi.com. We may end your participation at any time by email.

**(b) What you are paid.** When your participation ends, you are paid your commissions on Qualifying Orders placed before it ended, once their hold periods finish, on our next payday, even if the total is less than twenty dollars ($20.00).

**(c) Breach or fraud.** If we end your participation because you broke these Affiliate Terms, we may cancel commissions on orders connected to the breach. If you obtained commissions by fraud, you must repay them.

**(d) After it ends.** You must stop using your Code and our name and logo. We will deactivate your Code.

## 13. Your Data

## 14. No Warranties

## 15. Limitation of Liability

## 16. Indemnification

## 17. Disputes, Governing Law, and Venue

**(a) Informal resolution first.** Any dispute, claim, or controversy arising out of or relating to the Program or these Affiliate Terms is a "**Dispute**." Before filing any formal claim, you and the Company agree to first contact each other by email and try in good faith to resolve the Dispute informally for at least sixty (60) days. Notices to the Company go to legal@mycolytica.com.

**(b) Where Disputes are decided.** A Dispute that is not resolved informally may be brought as an individual action in small-claims court (in Texas, a justice court) if it qualifies, or otherwise in the courts named in subsection (d). These Affiliate Terms do not require arbitration.

**(c) Individual claims only, and no jury.** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. If either waiver is found unenforceable as to a particular claim, that claim may proceed as applicable law allows, and the rest of these Affiliate Terms remains in effect.

**(d) Governing law and venue.** These Affiliate Terms, and any Dispute, are governed by the laws of the **State of Texas**, without regard to conflict-of-laws rules. Subject to the small-claims option in subsection (b), you and the Company consent to the personal jurisdiction of, and agree to bring any Dispute in, the state courts located in **Williamson County, Texas**, or the United States District Court for the Western District of Texas, Austin Division, except where applicable law gives you the right to bring it elsewhere.

## 18. Changes to These Affiliate Terms

## 19. General

**(a) Notices.** Legal notices to the Company must be sent in writing to:

> Mycolytica LLC d/b/a ExplainmyERMI
> 5900 Balcones Drive STE 100
> Austin, TX 78731
> Email: legal@mycolytica.com

Notices to you may be sent to the email address you gave us. You are responsible for keeping it current.

**(b) Assignment.** You may not assign or transfer these Affiliate Terms or your participation without our written consent. We may assign them in connection with a merger, acquisition, sale of assets, financing, or by operation of law.

**(c) Severability.** If any provision is found invalid or unenforceable, the rest remains in effect, and that provision will be changed only as much as needed to make it enforceable while keeping its purpose.

**(d) Entire agreement.** These Affiliate Terms, together with your approval email, are the entire agreement between you and the Company about the Program. No waiver is effective unless it is in writing.

## 20. Contact