Effective 1 August 2026 · Version B1.1
1. Mandatory protections
This addendum applies when New York mandatory protections govern the actual relationship. A program label does not decide whether a participant is an employee, freelancer, wholesale sales representative or own-account reseller. Nothing in the agreement waives a nonwaivable earning rule, payment date, remedy, recordkeeping duty, agency process or forum. A statutory earlier date controls over a cash condition, guarantee window, month-end cycle or administrative step.
2. Covered freelance work
Before covered work begins, the signed agreement must identify both parties and mailing addresses, the services and their value, compensation method, payment date or objective mechanism, and any service-list submission date needed for processing. Markster supplies a copy to the worker and retains its copy for at least six years. Service-list timing cannot postpone payment. The parties complete any required service-value and lawful payment route before authorizing the work; a customer price may be unknown at ordinary referral enrollment, but that does not excuse a mandatory pre-work writing.
Where a contingent referral formula cannot lawfully meet those requirements for the actual engagement, the parties must sign a lawful, completed compensation arrangement before the affected work, such as a nonzero fixed completion fee under a Work Order. No fixed fee is invented or adopted by this addendum.
Covered compensation is paid by the contractual due date; if the contract provides neither a date nor a mechanism, payment is due within 30 days after completion. Markster cannot demand less compensation as a condition of timely payment after work starts, or retaliate for asserting a protected right. New York City's separate freelance protections also apply where legally required.
3. Covered wholesale sales representatives
Where New York Labor Law §§191-a–191-c apply, the parties sign written terms stating how commissions are calculated and paid. Markster gives the representative a signed copy and obtains a signed receipt for it. During the relationship, earned commission must be paid within five business days after earning. At termination, earned commissions are paid within five business days after termination, or within five business days after they become due for amounts earned but not yet due at termination. Statutory damages, fees and costs remain available.
Actual activity determines coverage. Section 191-a excludes a person ordering on its own account for resale from its sales-representative definition; that exclusion does not determine whether another law applies. The agreement does not presume that a hosted-software referral is wholesale solicitation.