Legal

DARTASTIC AFFILIATE PROGRAM TERMS

Draft. This document is still being reviewed and may change before it is offered. It takes effect only when you and Dartastic sign or accept the final version.

Draft dated: 17 October 2026

These Affiliate Program Terms (the "Terms") are an agreement between Mindful Software, LLC, a Wyoming limited liability company doing business as Dartastic.io, 30 N Gould St, Ste R, Sheridan, WY 82801 ("Dartastic", "we", "us"), and you, the person or company accepting them ("you", the "Affiliate").

You accept these Terms by clicking "I agree", by replying "I agree" to the email that sends them, or by sharing your Affiliate Code after receiving them, whichever happens first. If you accept for a company, you confirm that you may bind it.

In short: you get your own code. People who buy with it get a discount, and you earn 10% of what Dartastic actually collects from them, for as long as they remain paying customers, paid monthly 60 days after each payment. No fees, no exclusivity, no quotas. This summary is for convenience; the numbered Terms control.

  1. DEFINITIONS

(a) "Affiliate Code" means the single code Dartastic issues to you under Section 2, and "Affiliate Link" means a link to dartastic.io carrying it (for example, dartastic.io/pricing?code=YOURCODE) or another tracked referral link Dartastic issues to you. (b) "Referred Customer" means a new Dartastic customer that buys an Eligible Product through checkout using your Affiliate Code or Affiliate Link, in accordance with Section 4. A Referred Customer includes its Related Entities as provided in Section 5(c). (c) "Related Entity" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Referred Customer, where "control" means ownership of more than 50% of the voting interests or the power to direct management. (d) "Eligible Products" means every product and service Dartastic sells, now or in the future, other than Excluded Services. Eligible Products include, without limitation: Dartastic Native OpenTelemetry licenses (including additional licenses); Observatory plans (Cloud and Hosted, including Hosted Observatory Mini, and Self-hosted); real user monitoring (RUM) and session replay; storage and ingest; Symbolizer; and paid Dartastic Pub plans, together with renewals, upgrades, usage, overages and expansions of any of them. (e) "Excluded Services" means support services, being services performed by people rather than by software, meaning Dartastic's support plans (Business, Priority and Premier support) and nothing else. Excluded Services are never commissionable. Dartastic Training and Dartastic Consulting are Eligible Products. (f) "Net Collected Revenue" means the amounts Dartastic actually receives from a Referred Customer for Eligible Products, net of: discounts (including the Customer Discount) and credits; refunds; chargebacks and payment reversals; and sales, use, value-added, goods and services and similar taxes, and any tax withheld from the payment. Payment processing fees are not deducted. Amounts invoiced but not received are not Net Collected Revenue. (g) "Commission" means the amount payable to you under Section 5. (h) "Customer Discount" means the discount described in Section 3. (i) "Marks" means "Dartastic", "Dartastic Pro", the Dartastic logo and the other names and logos identified in the Dartastic Trademark & Brand Policy.

  1. JOINING; YOUR CODE

(a) Approval. Participation requires an approved application (at dartastic.io/earn/apply or another method Dartastic designates) and acceptance of these Terms. Dartastic may decline an application at its discretion. No code is issued before these Terms are accepted. (b) One code. Each Affiliate receives one Affiliate Code. You may propose the code (3 to 32 letters or digits) and the name shown to customers at checkout. Dartastic may decline a proposed code or name that is misleading, offensive, already in use, or uses another person's name or trademark without permission. (c) Use cap. A new Affiliate Code starts with a limit of 25 uses at checkout. Dartastic will raise the limit as paying customers come through the code. Reaching the limit stops new uses of the code; it does not affect Commission on existing Referred Customers. (d) No fees, no exclusivity, no quota. You pay Dartastic nothing to join or remain in the program, and Dartastic pays you nothing other than Commission. There is no exclusivity, territory or minimum performance. You may promote other products, including competing ones. Each party bears its own costs.

  1. CUSTOMER DISCOUNT

(a) What your audience gets. A new customer who checks out with your Affiliate Code receives, at the customer's choice of billing: (i) on monthly billing, 10% off each of the customer's first 3 monthly payments; for Cloud plans, those payments follow Dartastic's 30-day free trial; or (ii) on annual billing, 20% off the customer's first annual invoice, applied to the annual price (which already includes Dartastic's standard annual billing discount). (b) Limits. The Customer Discount is for new Dartastic customers only, does not renew, cannot be combined with other promotions or discounts, and has no cash value. Dartastic sets the checkout terms and the products the Customer Discount applies to, and may change the Customer Discount for future uses under Section 13. (c) Describe it accurately. You will describe the Customer Discount only as stated in this Section or in Dartastic's current published materials.

  1. ATTRIBUTION

(a) How a customer becomes yours. A customer is attributed to you when it completes a Dartastic checkout for an Eligible Product using your Affiliate Code, or arrives through your Affiliate Link and completes checkout within the attribution window. (b) New customers only. A customer that was already a Dartastic customer, or that Dartastic had already attributed in writing to another party before your Affiliate Code or Affiliate Link was used, is not attributed to you. (c) Purchases outside self-service checkout. Dartastic sells some products (for example, custom Hosted and Self-hosted deployments) under separately negotiated orders rather than self-service checkout, and the Affiliate Code does not apply to those orders. If you introduce a buyer for such an order, contact sales@dartastic.io before the order is signed; any commission on that order is as Dartastic agrees with you in writing.

  1. COMMISSION

(a) Rate. Dartastic pays you 10% of Net Collected Revenue from each Referred Customer, on every Eligible Product, Hosted Observatory Mini included. (b) Lifetime of the customer. Commission is recurring. It continues for as long as the Referred Customer (including its Related Entities) pays Dartastic for Eligible Products, with no fixed expiration, and covers renewals, upgrades, usage, storage, Symbolizer and all other Eligible Products the Referred Customer later buys. (c) Related Entities. Purchases of Eligible Products by a Related Entity of a Referred Customer are Net Collected Revenue of that Referred Customer, unless Dartastic had already attributed that Related Entity in writing to another party before its first purchase. (d) Earned only on cash collected. Commission is earned only on Net Collected Revenue. Free trials, free plans and invoices that are never paid earn no Commission. When a Referred Customer's payments stop, or a payment is not made, no Commission accrues on the unpaid amount. (e) No double payment. No Net Collected Revenue earns Commission more than once. (f) Invalid transactions. Fraudulent or otherwise invalid transactions are never Net Collected Revenue and earn no Commission, including purchases made with stolen or unauthorized payment methods, and fictitious customers. (g) Commission is never forfeited. Commission earned under this Section is never forfeited, including when your Affiliate Code is ended or these Terms terminate for any reason. Section 12(c) governs Commission after termination.

  1. SETTLEMENT AND PAYMENT

(a) Statements. Dartastic will make available to you a monthly statement of the Net Collected Revenue received from your Referred Customers, the Commission accrued and payable, and your payable balance. (b) Settlement Period (net 60). Commission on each payment becomes payable 60 days after Dartastic receives that payment, so that nothing is paid on money that may still be refunded or charged back. If any part of the payment is refunded, reversed or charged back within those 60 days, Commission on that part is not earned. (c) Paid Commission is final. Because Commission is paid only after the Settlement Period, a payment is rarely reversed after its Commission has been paid. If one is (for example, a card chargeback that arrives after the Settlement Period), Dartastic bears that loss. Dartastic will not ask you to repay that Commission or deduct it from later Commission, unless you committed, or knowingly took part in, fraud on that transaction. (d) Payout schedule and minimum. Dartastic pays your payable balance once a month when it reaches US $100 or more. A smaller balance rolls forward and is never forfeited. (e) Currency. Commission is calculated and paid in U.S. dollars. (f) Method; transfer fees. Dartastic pays the fees its own bank or payment provider charges to send each payout and, because it does, chooses the payout method, which may be Wise, bank transfer (including international transfer to an IBAN), US ACH, PayPal, a mobile wallet or another method. Dartastic is not responsible for fees charged by your own bank, payment provider or wallet to receive a payout (for example, a fee for an incoming international transfer), or for any currency conversion your own institution applies. (g) Payout account. Payouts go only to an account in your own name or, if you accepted these Terms for a company, in that company's name. (h) Tax forms before the first payout. Before the first payout you will provide a completed IRS Form W-9 (U.S. persons) or Form W-8BEN or W-8BEN-E (non-U.S. persons), and update it when your information changes. Until a valid form and payout account are on file, payable Commission is held for you, not forfeited. (i) Questions. You may question any statement by writing to legal@dartastic.io. Dartastic will review in good faith and provide reasonable supporting detail. (j) Unclaimed amounts.

  1. PROMOTION RULES

(a) Your own purchases. You may use your Affiliate Code for purchases by yourself, your own company or your employer, and those purchases earn Commission like any other. (b) No paid search on our name. You may not bid on "Dartastic", any of the Marks, or any misspelling or variation of them, as a keyword in paid search or other paid advertising, and may not use them in a paid ad's display URL or domain. (c) No coupon sites. You may not post or submit your Affiliate Code to coupon, deal, voucher, cashback or rebate sites, browser extensions or similar services. (d) No spam or bulk cold messaging. You may not promote Dartastic by spam, unsolicited bulk email or messages, bulk cold direct messages, automated messaging, or messages to people who have not consented where consent is required. No harassment, abuse, insults or profanity in connection with Dartastic. (e) Disclosure. You will clearly and conspicuously disclose your affiliate relationship with Dartastic wherever applicable law or platform rules require it, including under the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and comparable laws where you and your audience are, and in the form those rules require (for example, in the video itself and its description, not only on a separate page). (f) Honest content. Your content will reflect your honest opinion and real experience, and will describe Dartastic's products, prices and terms only as stated in Dartastic's current published materials. You will make no promise, warranty or commitment on Dartastic's behalf, and will not pose as Dartastic or as Dartastic's employee. (g) Lawful conduct. You will comply with all laws that apply to your promotion, including advertising, consumer protection, anti-spam, electronic-marketing and privacy laws. (h) Effect of a breach. If you breach this Section, Dartastic may end your Affiliate Code immediately on notice, so that it can no longer be used. Ending the code does not forfeit Commission you have earned, and Section 12(c) applies. Purchases that breach Section 7(a) are invalid transactions under Section 5(f).

  1. TRADEMARKS

(a) License. While these Terms are in effect, Dartastic grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use the Marks solely to refer to Dartastic's products in promoting them under these Terms, in accordance with the Dartastic Trademark & Brand Policy and any brand guidelines Dartastic publishes. (b) Restrictions. You will not alter the Marks, use them in your own channel, company, product or domain name or social-media handle, register any confusingly similar mark, name or domain, or use them in a way that implies you are Dartastic or that Dartastic sponsors or endorses your content. (c) Ownership. Dartastic owns its Marks, products and materials; all use of the Marks benefits Dartastic. You own your own content. Dartastic may link to and quote your public content about Dartastic with attribution.

  1. INDEPENDENT CONTRACTORS; NO AUTHORITY

You are an independent contractor. These Terms create no partnership, joint venture, franchise, agency, fiduciary or employment relationship. You have no authority to bind Dartastic, accept orders or make any promise on its behalf, and you control the manner, means and hours of your own work.

  1. CONFIDENTIALITY AND DATA

(a) Confidentiality. You will keep confidential any non-public information Dartastic shares with you about the program, its customers, products or plans, and use it only to participate in the program, for 5 years after these Terms end (and indefinitely for trade secrets). This does not cover information that is public, already known to you, independently developed, or received from a third party without restriction, or disclosures required by law. (b) No customer data. Dartastic does not give you personal data or customer data of its customers, other than the statements described in Section 6(a) and anything you already have about people you introduced. (c) Your audience's data. You are solely responsible, as an independent controller, for any personal data you collect from your audience, and for complying with privacy and electronic-marketing law when you do. Dartastic processes your own personal data only to run the program, under its Privacy Policy.

  1. TAXES; ANTI-BRIBERY; SANCTIONS

(a) Taxes. You are solely responsible for your own taxes on Commission. Dartastic may withhold tax only where law requires it and will provide the related information returns (for example, Form 1099-NEC or 1042-S) as law requires. (b) Anti-bribery. You will not offer, pay or promise anything of value to any government official, or to any employee or agent of a prospective customer, to improperly influence a purchasing decision, and you will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010 and other applicable anti-corruption laws. (c) Sanctions. You confirm that you are not the subject of U.S., UN, EU or UK sanctions and are not located in a comprehensively sanctioned territory, and you will comply with applicable sanctions and export control laws. Dartastic will not make a payment that applicable sanctions law prohibits; any such amount is held as required by law and is not forfeited by reason of these Terms.

  1. TERM AND TERMINATION

(a) Term. These Terms start when you accept them and continue until terminated. (b) Ending participation. You may end your participation at any time by writing to legal@dartastic.io. Dartastic may end your participation on 30 days' notice for any reason, or immediately on notice for a breach of Section 7, 8 or 11, fraud, or conduct that causes or is likely to cause reputational harm to Dartastic. When participation ends, your Affiliate Code stops working for new customers. (c) Commission survives termination. However your participation ends, including termination for misconduct, Dartastic will continue to pay Commission under Sections 5 and 6 on Net Collected Revenue from every existing Referred Customer for the lifetime of that customer. Unpaid earned Commission is never forfeited. Fraudulent or invalid transactions never qualify, before or after termination. (d) After termination. You will stop using the Marks and your Affiliate Code and Affiliate Links within 30 days, and remove them from content you control where reasonably practicable. (e) Survival. Sections 1, 5, 6, 8(c), 9, 10, 11, 12(c), 12(e) and 14 through 16 survive termination.

  1. CHANGES TO THE PROGRAM

Dartastic may change these Terms or the program, including the Customer Discount and the use cap, on at least 30 days' notice by email to the address you gave us. No change may reduce the Commission rate on, shorten the duration of, or otherwise reduce the Commission payable on, any customer that became a Referred Customer before the change takes effect. If you do not accept a change, you may end your participation under Section 12(b), and Section 12(c) applies.

  1. LIMITATION OF LIABILITY; INDEMNITY

(a) Exclusion of indirect damages. Except for indemnity obligations, breach of Section 10, or fraud, neither party is liable to the other for any indirect, incidental, consequential, special or punitive damages, or lost profits, revenue or goodwill, arising out of or related to these Terms. (b) Cap. Except for the same exclusions, each party's total liability under these Terms is limited to the greater of the Commission paid or payable to you in the 12 months before the event giving rise to the liability, or US $100. (c) Commission is not damages. Nothing in this Section limits Dartastic's obligation to pay Commission earned under Sections 5 and 6. (d) Your indemnity. You will defend, indemnify and hold harmless Dartastic and its members, officers and agents from any third-party claim, including a regulator's claim, and resulting loss, arising from your content, your breach of Section 7, 8, 10 or 11, or any statement you make about Dartastic beyond its published materials. (e) Dartastic's indemnity. Dartastic will defend, indemnify and hold harmless you from any third-party claim that your use of the Marks, as permitted by Section 8, infringes that third party's trademark rights. (f) Disclaimer. The program is provided "as is". Dartastic does not promise that you will earn any particular amount.

  1. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties will first try to resolve any dispute by good-faith negotiation for 30 days after written notice. Any dispute not so resolved will be brought exclusively in the state or federal courts located in or serving Sheridan County, Wyoming, and each party consents to their jurisdiction.

  1. GENERAL

(a) Assignment. You may not assign these Terms without Dartastic's written consent. Dartastic may assign them to an entity under common control with Dartastic or to a successor to its business, and these Terms, including Commission obligations, bind Dartastic's successors and assigns. (b) Notices. Notices to Dartastic go to legal@dartastic.io. Notices to you go to the email address you gave Dartastic. Questions about buyers go to sales@dartastic.io. (c) Entire agreement. These Terms are the entire agreement about the affiliate program and supersede any earlier message or pitch describing it. (d) Severability; waiver. If any provision is unenforceable, it is enforced to the maximum extent permitted and the rest remains in effect. A failure to enforce a provision is not a waiver. (e) Language. These Terms are made in English, and English controls over any translation.

Dartastic.io is operated by Mindful Software, LLC, a Wyoming limited liability company, 30 N Gould St, Ste R, Sheridan, WY 82801. Contacts: legal@dartastic.io, sales@dartastic.io.

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