Bonusly Partner Program Terms

These Partner Program Terms ("Terms") are between Smartly, Inc. d/b/a Bonusly ("Bonusly," "we," "us") and you, the individual or company joining the Bonusly Partner Program ("Partner," "you"). By accepting these Terms in PartnerStack, you agree to them. If you don't agree, please don't join the program.

1. How the program works

• You receive a unique referral link through PartnerStack, our partner platform.
• When a company you refer becomes a paying Bonusly customer, you earn a referral payment ("Commission"). The current amount and program details are shown in PartnerStack.
• The program is non-exclusive. You may promote other products, and we may work with other partners.

2. Joining

• Anyone who meets the requirements below can join by signing up in PartnerStack and accepting these Terms. We may decline or remove any partner at our discretion.
• You must be at least 18 years old.
• You may not join if you work for or represent a Bonusly competitor.
• Bonusly employees and contractors are eligible.
• If you're employed by a Bonusly customer, you're responsible for confirming that your employer's policies allow you to participate and accept Commission.

3. Qualified referrals

A referral qualifies only if all of the following are true:

• The company first reached Bonusly through your referral link.
• The company is new to Bonusly. That means it is not a current customer, not a former customer within the past 12 months, and not in an active sales conversation with us during the 60 days before your referral.
• The company signs a paid Bonusly subscription within 120 days of first clicking your referral link, and makes its first payment.
• The subscription is billed annually and has a first-year value of at least $2,500.
• The company is not you, or a company you own or control.

How we handle referrals:

• If more than one partner refers the same company, the first valid referral tracked in PartnerStack receives credit.
• We decide, reasonably, whether a referral qualifies.
• We may contact any referred company directly, whether or not the referral qualifies.

4. Commission and payment

• Earning Commission: Commission is earned when a qualified referred company makes its first payment.
• Amount: Commission is a one-time payment per qualified customer. No Commission is paid on renewals, upgrades, or additional purchases.
• Timing: we pay through PartnerStack within 45 days after the end of the month in which we collect the customer's first payment.
• Requirements to get paid: you must keep an active PartnerStack account with valid payment details and complete any required tax forms. If these remain incomplete for 6 months after a Commission is earned, that Commission is forfeited.
• Taxes: you're responsible for any taxes and fees on Commission you receive.
• When we won't pay: we won't pay, and may recover, Commission where it is prohibited by law, where the referred company objects to it, or where it was obtained through fraud or a breach of these Terms.
• Changes: we may change the Commission amount or program details by updating PartnerStack. Changes apply only to referrals made after the change is posted, and don't affect Commission already earned.

5. Promoting Bonusly

You must:

• Clearly disclose that you're a Bonusly partner and may earn a Commission wherever you share your link.
• Describe Bonusly accurately.
• Follow all applicable laws, including advertising and anti-spam laws.

You must not:

• Make promises about Bonusly's pricing, features, or terms, or claim to act on our behalf. You have no authority to bind Bonusly.
• Bid on Bonusly brand keywords or run ads that compete with Bonusly's advertising.
• Send spam, use purchased lists, or use cookie stuffing, bots, hidden or misleading links, or masked referring URLs.
• Offer cash or other incentives to get someone to sign up without our written approval.

6. Bonusly brand

• We grant you a limited, revocable, non-exclusive license to use the Bonusly name, logo, and materials we provide, solely to promote the program.
• Don't alter them. Don't imply any relationship beyond being a partner. Stop using them if we ask.
• Bonusly owns its products, brand, and materials. We may freely use any feedback you give us.

7. Confidentiality

• Keep any non-public information we share with you (for example, pricing, product plans, or customer information) confidential.
• Use it only for your participation in the program.

8. Term and termination

• These Terms apply while you participate in the program.
• Either of us may end your participation at any time with notice through PartnerStack or by email.
• We may suspend or end your participation immediately if you breach these Terms or act in a way that could harm Bonusly's reputation.

When your participation ends:

• Stop using your link and the Bonusly brand.
• Commission you have already earned will still be paid, unless we ended your participation for a breach.
• If we end your participation for a reason other than a breach, referrals that sign and make their first payment within 30 days afterward still earn Commission.

9. Changes to these Terms

• We may update these Terms and will notify you through PartnerStack or by email.
• Updates take effect 10 days after notice.
• If you don't agree to an update, you may leave the program.

10. Liability

• The program is provided as-is.
• Neither party is liable for indirect, consequential, or lost-profit damages.
• Bonusly's total liability to you is limited to the Commission paid or owed to you in the 12 months before the claim.
• You're responsible for, and will cover Bonusly's costs from, third-party claims arising from your breach of these Terms or your unlawful marketing.

11. General

• Relationship: we are independent parties. No partnership, employment, or agency relationship is created.
• Governing law: these Terms are governed by the laws of the State of Colorado, with venue in the state and federal courts located in Boulder County, Colorado.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger or sale.
• Severability and waiver: if any part is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.
• Entire agreement: these Terms, together with the program details shown in PartnerStack, are the entire agreement on this topic.
• Notices: to you, at the email on your PartnerStack account. To us, at partners@bonus.ly or Smartly, Inc. d/b/a Bonusly, 701 State Route 440 Ste 16, PMB #1159, Jersey City, NJ 07304.
• Survival: the following sections survive termination: Commission and payment (for Commission already earned), Bonusly brand, Confidentiality, Term and termination (post-termination terms), Liability, and General.

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