Partner terms agreement
First of all, thank you so much for considering the Smartywak partner program. Our parters are extremely valuable to us. This agreement is designed with you in mind and will be used to protect both us and you as legal business entities. Please read this agreement and fineprint thoroughly. If you have any questions, please contact us at firstname.lastname@example.org.
This agreement describes the terms and conditions for participation in the Smartywak partner program. In this agreement, "Partner" refers to you, the applicant. In this agreement, "Smartywak" refers to Smartywak OÜ, with whom you are entering this agreement. By applying to the Smartywak partner program you are confirming that you have read the agreement and agree to the terms and conditions.
For a sale to generate a commission to a Partner, the Customer must complete an in-app purchase and remit full payment for the product. Commisions will only be paid on sales that are made when the Customer clicks through qualified properly structured partner links (URLs). Properly coded attribution links are the sole responsibility of the partner. We shall provide documentation and a testing window to confirm that tracking is enabled correctly. Commissions can be viewed on the Partner Dashboard.
All commissions are on a recurring payment schedule, and will continue to accumulate commissions for each paid transaction by the Customer for up to a year as long as the Customer remains a paying one within that period. After a year as a partner, a commission in form of a supportive stipend (minimum of $5,000) for marketing could be offered to partners bringing in at least 1500 customers a year.
Payments will be paid out monthly in arrears (1 month) for the balance of earnings. Payments will generally be paid out via PayPal. For example, if customer pays for January, you will receive commission a month later by 25th of February.
In the event a Customer requests a refund for a transaction for which the Partner has earned commissions, any commissions earned on the refund amount will be deducted from the Partner's balance.
Usage and obligations
Partners are permitted to use the Smartywak brand and marketing resources available in the Partners section of our affiliate software. Logos and other assets cannot be modified. The Partner does not gain any trademark, copyright or any other rights to these materials.
The Partner will never imply that they are acting on behalf of Smartywak and will never advertise Smartywak OÜ products directly. The Partner will never bid for advertisements that compete with Smartywak.
The Partner will never represent themselves, Smartywak or their relationship with Smartywak in a false or misleading way.
The Partner will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Smartywak.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice
If the Partner terminates the agreement, no further commissions from Smartywak will be paid for any past or future Customer transactions.
If Smartywak chooses to terminate the agreement, any balance greater than $25 (US) will be paid to the Partner within 60 days of termination of account. Balances smaller than $25 will be forfeited.
Smartywak will not be obligated for any future payments after termination
Smartywak is not obliged to share with Partner any of the personal data of the Customer (or any natural persons representing the Customer or providing services or work for them) who have concluded a Client Agreement with Smartywak.
If the Partner wishes to keep personal data concerning Customer for its own internal use, the Partner must obtain prior consent from the respective Referred Clients directly (or any natural person representing the Clients or provided services or work for them).
This Agreement shall be governed, construed, and enforced in accordance with the laws in the country of Estonia, without regard to conflict of law.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the country of Estonia. An award of arbitration may be confirmed in a court of competent jurisdiction.
In some cases we shall have to withhold VAT unless your country has a tax treaty with Estonia. For businesses within the EU, no VAT is charged but you will have to present documentation (VAT id) which will be validated and placed in the invoice. Consult a tax attorney/accountant. We have collected some information that could be helpful here.
We may modifiy any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commisions, commission schedules, payment procedures and Partner Program rules.
Last udpated: 1st July, 2020