SmartSuite Affiliate Program Agreement

PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This is a contract between you (the “Affiliate”) and us (“SmartSuite”). It describes how we will work together and other aspects of our business relationship. It is a legal document, so some language is necessarily “legalese,” but we have tried to make it as readable as possible.

This Affiliate Program Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”).  These terms are very important, and we cannot have you participate in our Affiliate Program unless you agree to them.

We may periodically update these terms. We could also replace these terms entirely if, for example, the Affiliate Program changes, ends, or becomes part of another SmartSuite partner program. You will be notified electronically of any such updates or replacements via email. If you disagree with the modified terms, you can terminate the agreement according to the provided process documented in this agreement.

By clicking on the “Submit” or “I agree” button, participating in the SmartSuite Affiliate Program, or posting or sharing your SmartSuite Affiliate Link, you indicate your agreement to be bound by this Agreement.

Key Definitions

1. “Affiliate Program” means our affiliate program as described in this agreement.
2. “Affiliate Lead” means a potential customer who clicks on the Affiliate Link we have made available to you within the Affiliate Portal.
3. ‍“Affiliate Link” means the unique tracking link you use to promote SmartSuite.  When clicked, this link will direct a user to a page on our website where the prospect can complete the signup process, which then turns into an Affiliate Lead.‍
4. “Affiliate Program Policies” means the policies applicable to our affiliate program, which are available for review in Exhibit A of this agreement.‍
5. “Affiliate Portal” means the dedicated affiliate management platform provided to you upon acceptance into the program. This management portal facilitates your active participation in our Affiliate Program."‍
6. "Agreement" means this Affiliate Program Agreement and all materials referenced or linked herein.‍
7. “Commission” means an amount described in the Affiliate Program Policies for each Customer Transaction.‍
8. "Cookie Duration" means the 90-day period during which your Affiliate Link's tracking cookie remains active.  The tracking period starts on the day a potential customer clicks on your Affiliate Link and remains valid for 90 days.‍
9. “Customer” means the authorized user of a SmartSuite Plan who, having originated as an Affiliate Lead, subsequently made a purchase.‍
10. “Customer Transactions” means those transactions by Affiliate Leads that are eligible for a Commission pursuant to the ‘Customer Transactions’ section of this Agreement.
11. “Subscription Plan” means any of the paid subscription plans offered by SmartSuite at https://www.smartsuite.com/pricing, as we may update and/or modify from time to time.‍
12. "We," "us," “our,” and “SmartSuite” refer to SmartSuite Holdings, Inc.‍
13. “You” and “Affiliate” means the party, other than SmartSuite, entering into this Agreement and participating in the Affiliate Program.

Non-Exclusivity

This Agreement does not establish an exclusive arrangement between you and us. Both parties retain the right to endorse similar products and services from third parties and collaborate with other entities in activities related to the sale, implementation, and utilization of comparable services and products offered by third parties.

Affiliate Acceptance

Upon receiving the submission of your Affiliate application, we will thoroughly review it and promptly notify you if you have been accepted into our Affiliate Program.  Before approving your application, we may initiate a review process and contact you for additional information needed to make our decision.

If you have not received notification confirming your acceptance into our Affiliate Program within thirty (30) days of submitting your application, please consider your application not approved.

If you are accepted into our Affiliate Program, the terms and conditions outlined in this Agreement will be in full force until terminated as per the stipulations below. Additionally, should it be applicable, adherence to any enrollment criteria specified in the Affiliate Program Policies is required. Failure to fulfill these criteria within thirty (30) days of acceptance will result in immediate termination of this Agreement, rendering you ineligible for further participation in the Affiliate Program.

It is important to note that acceptance and participation in our Affiliate Program does not automatically grant acceptance and participation into other SmartSuite Partner Programs, such as our Service, Solution, and Integration Partner Programs. To participate in these programs, you must follow the relevant application procedure for each program.

Customer Transactions

1. Affiliate Program Limits. We will pay you the Commission as described in the Affiliate Program Policies for each new Customer who completes an applicable Customer Transaction, provided that you remain eligible to receive the Commission pursuant to the terms of this Agreement.
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   The start of the Customer’s subscription is determined by the date of the customer's first purchase of the Subscription Plan. You will receive a Commission payment for that Customer Transaction and any additional plan or user upgrades for a period of 12 months.
2. Eligibility. For the payment of a Commission to be eligible, the following conditions must be met: (i) an Affiliate Lead must be accepted and deemed valid in accordance with the criteria outlined in the 'Acceptance and Validity' section below, (ii) a Customer Transaction must have successfully taken place, and (iii) the Customer must remain a customer throughout the specified period, as detailed in the Program Policies.
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   You are not eligible to receive Commission or any other compensation from us if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the Commission payment has been obtained by fraudulent activity, misuse of your Affiliate Link, in violation of any Affiliate Program Policies, misuse of the Affiliate Portal or by any other means that we deem to breach the spirit of our Affiliate Program, or (iii) the Customer participates in any of our partner programs and is eligible to receive commission in relation to the Customer Transaction under any of these programs.
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   Fraudulent activity refers specifically to any traffic generated by your activity through illegal means, in bad faith, or with the intent to defraud us, regardless of whether or not it actually causes harm to us. Fraudulent activity includes, but is not limited to, false advertising, fees paid by stolen credit cards, collusion, offers to share commissions, and any other unauthorized use, misuse, or manipulation of your Affiliate Link.
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   If you become eligible to receive a revenue share payment or commission through another Program within SmartSuite, the payment amount will remain unaffected by your participation in the Affiliate Program. Specifically, you will not receive the Commission outlined in this Agreement for any Partner Transaction completed while actively participating in the Solutions Partner Program (as defined in the Solutions Partner Program Agreement). In essence, the Commission specified in this Agreement is exclusive to the Affiliate Program and does not overlap with payments from other SmartSuite Programs.
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   We may discontinue Commission payments at any time if any of the eligibility criteria outlined in this subsection fail to be met.‍
3. Acceptance and Validity. You will only be eligible to receive a Commission payment for Affiliate Leads derived from your Affiliate Link. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination, (i) it is a new potential customer of ours, and (ii) it is not, at the time of submission or sixty (90) days prior, one of our pre-existing customers, or involved in our active sales process. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead at our reasonable discretion.
   
   If an Affiliate Lead does not purchase a Subscription Plan during the Cookie Tracking Period, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired.
   
   An Affiliate Lead is not considered valid if its first click on the Affiliate Link is after this Agreement has expired or been terminated.‍
4. Commission and Payment. To receive payments under this Agreement, you must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to create your account in the Affiliate Portal in accordance with our directions, (iii) have a valid and up-to-date payment method in the Affiliate Portal with such account (iv) and have completed all required tax documentation in order for the Affiliate Portal to process any payments that may be owed to you.
   
   If any of these requirements remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive a Commission arising from any Customer Transaction will be forever forfeited.‍
5. Currency, Taxes, Offsets, and Amounts.
   1. Currency.  All commission payments we make to you are made in USD currency.‍
   2. Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission.‍
   3. Offsets. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.‍
   4. Commission Amounts. We reserve the right to alter or change the Commission amount as per the Affiliate Program Policies

Training and Support

As part of our commitment to your success within the Affiliate Program, we provide a range of valuable resources, including webinars and workshops, a video center, an active user community, a robust online academy, and globally recognized certifications, all at no cost to you. In order to maximize the value of our relationship, we encourage your sales, marketing, and promotional personnel to participate in these available resources.

We believe that ongoing education and support are integral to your success, and we remain dedicated to providing you with the tools necessary to excel in the program.

Trademarks

Under this Agreement, you grant us a nonexclusive, nontransferable, and royalty-free right to utilize and showcase your trademarks, service marks, and logos ("Affiliate Marks") in association with the Affiliate Program.

During the term of this Agreement, you are permitted to use our trademarks while adhering to the usage requirements outlined in this section. To ensure compliance, you must: (i) solely deploy the images of our trademark as provided, without any alterations; (ii) use our trademarks solely in connection with the Affiliate Program and in accordance with this Agreement; (iii) adhere to our Brandkit Usage Guidelines; and (iv) promptly discontinue usage if we request cessation. Prohibited actions include (i) utilizing our trademarks in a misleading or disparaging manner; (ii) suggesting endorsement, sponsorship, or approval by us of your services or products; and (iii) deploying our trademarks in violation of applicable laws or in connection with obscene, indecent, or unlawful topics or materials. Your adherence to these guidelines ensures the proper and respectful use of our trademarks within the scope of the Affiliate Program.

Proprietary Rights

Our Proprietary Rights.

This Agreement grants no license to any software. All SmartSuite Products are protected by intellectual property laws. All SmartSuiteProducts belong to and are the property of us or our licensors (if any). We retain all ownership rights in the SmartSuite Products.

You agree not to copy, rent, lease, sell, distribute, or create derivative works based on SmartSuite Products in whole or in part, by any means, except as expressly authorized in writing by us. The SmartSuite logo, and other marks we use from time to time are our trademarks, and you may not use them without our prior written permission except as otherwise outlined in this Agreement.

We encourage all customers, affiliates, and partners to comment on SmartSuite Products, provide suggestions for improving them, and vote on suggestions they like - in our public roadmap. You agree that all such comments and suggestions will be non-confidential and that we have the right to use and incorporate them into the SmartSuite Products without payment to you.

Proprietary Rights of the Customer.

In your relationship with a Customer, the Customer maintains the right to access and utilize the SmartSuite Products. To clarify, the customer will own and retain all rights to the Customer Data.

Confidentiality

As used in this agreement, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) SmartSuite customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party before its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena, or legal process.

Opt-Out and Unsubscribe

You will comply promptly with all opt-out, unsubscribe, "do not call", and "do not send" requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt-out, unsubscribe, "do not call," and "do not send" requests.

Term and Termination

1. Term.
   This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
2. Termination Without Cause.
   Both you and we may terminate this Agreement on fifteen (15) days' written notice to the other party.
3. Termination for Agreement Changes.
   If we modify or replace the terms of this Agreement, you may terminate this Agreement by written notice to us.
4. Termination for Cause.
   We may terminate this Agreement: (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) immediately if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iii) immediately, if you breach the terms applicable to your subscription with us (if you have one), or (iv) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
5. Effects of Expiration/Termination.
   Expiration of this Agreement and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration and provided that in no event shall you be entitled to payment of Commission under this Agreement if you are eligible to receive a revenue share payment under the Solutions Partner Program Agreement. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above. Provided, however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission before the date of termination. Except as expressly outlined in this section, you are not eligible to receive a Commission payment after the expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of the Affiliate Portal that we made available for your participation in the Affiliate Program. An Affiliate Lead is not considered valid upon termination or expiration, and we may choose to maintain it in our database and engage with such a prospect.
6. Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. To avoid doubt, termination or expiration of this Agreement shall not cause a Customer’s subscription agreement to be terminated.

Affiliate Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in our Affiliate Program and to provision SmartSuite with Affiliate Leads or as otherwise outlined in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements, and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Smartsuite Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with SmartSuite’s own advertising, including, but not limited to, our branded keywords; (iii) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (iv) you will not attempt to mask the referring URL information; (v) you will not use your own Affiliate Link to purchase SmartSuite products for yourself; and (vi) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, iframes, or hidden frames).

Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Portal, or (e) our use of the Affiliate Marks. We will notify you in writing within thirty (30) days of our becoming aware of any such claim, give you sole control of the defense or settlement of such a claim, and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us, (ii) requires us to make an admission, or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

Disclaimers; Limitations of Liability

1. Disclaimer of Warranties.
   WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SMARTSUITE PRODUCTS, SMARTSUITE CONTENT, THE AFFILIATE PROGRAM, OR THE AFFILIATE PORTAL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE PORTAL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SMARTSUITE PRODUCTS AND AFFILIATE PORTAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SMARTSUITE PRODUCTS AND THE AFFILIATE PORTAL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. No Indirect Damages.
   TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
3. Limitation of Liability.
   IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO A CLAIM.
4. Affiliate Portal.
   ‍WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE PORTAL THAT YOU USE. WE DO NOT PROMISE TO MAKE THE AFFILIATE PORTAL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
5. Cookie Duration.
   COOKIES USED AS PART OF THE AFFILIATE LINK HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, SMARTSUITE SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

General

1. Amendment: No Waiver.
   We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via the Affiliate Portal and/or by email. The updated Agreement will become effective and binding on the next business day after we have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version at https://legal.smartsuite.com/affiliate-program-agreement. We encourage you to review this Agreement periodically. If you don’t agree to the update, change, or replacement, you can terminate as described above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
2. Applicable Law.
   This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws provisions thereof. If either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Irvine, California.
3. Force Majeure.
   Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
4. Actions Permitted.
   Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
5. Relationship of the Parties.
   Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
6. Compliance with Applicable Laws.
   You shall comply and shall ensure that any third parties performing sales or referral activities on your behalf comply with all applicable foreign and domestic laws (including, without limitation, export laws and laws applicable to sending unsolicited emails), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal, or unethical marketing activities or activities that otherwise may be detrimental to us, our customers, or the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to SmartSuite Products. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the SmartSuite Products to prohibited countries or individuals or permit the use of the SmartSuite Products by prohibited countries or individuals.
7. Severability.
   If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
8. Notices.
   Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of receipt.
   
   To SmartSuite Holdings, Inc.: SmartSuite Holdings, Inc., 3857 Birch Street #945, Newport Beach, CA 92660, U.S.A. Attention: General Counsel
   
   To you: We may send electronic notices specific to you by email to the address(es) on record in our account information.
9. Entire Agreement.
   This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral, or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the SmartSuite Products or dependent on any oral or written public comments made by us regarding future functionality or features of the SmartSuite Products.
10. Assignment.
    You will not assign or transfer this Agreement, including any assignment or transfer, because of merger, reorganization, sale of all or substantially all of its assets, change of control, or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law.
11. No Third Party Beneficiaries.
    Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit, or remedy of any nature whatsoever under or because of this Agreement.
12. No Licenses.
    We grant you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the SmartSuite Products, our trademarks, or any other property or right of ours.
13. Sales by SmartSuite.
    This Agreement shall not limit our right to sell the SmartSuite Products, directly or indirectly, to any current or prospective customers.
14. Authority.
    ‍Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
15. Survival.
    The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment,’ ‘Proprietary Rights,’ ‘Confidentiality,’ ‘Effects of Termination/Expiration,’ ‘Indemnification,’ ‘Disclaimers; Limitation of Liability,’ ‘Non-Solicitation’ and ‘General.’
16. Data Processing and Protection.
    The parties acknowledge that in connection with the Affiliate Program, each party may provide or make personal data available to the other party. To the extent that any Personal Data is processed in connection with the Program, the terms outlined in the SmartSuite Business Partner Data Processing Agreement (posted at https://smartsuite.com/legal/business-partner-dpa), which are hereby incorporated by reference, shall apply. Each party shall process the copy of the Personal Data in its possession or control: (i) in accordance with the SmartSuite Business Partner DPA, (ii) as an independent controller (not as a joint controller with the other party) (iii) for the purposes described in this Agreement; and/or (iv) as may otherwise be permitted under Applicable Data Protection Law. To avoid doubt and without prejudice to the foregoing, SmartSuite shall be an independent controller of any Personal Data it receives or shares with Affiliate.

Exhibit A

Affiliate Program Policies

Commission Rate Details

The commission rates listed in the table apply to SmartSuite's monthly and annual subscription plans. Commissions are paid the month following SmartSuite's receipt of payment. These payments are net of any plan or user downgrades and inclusive of any plan upgrades or user additions.

Payment Term

The term for commission payment is one year. There is no cap on the amount of commissions that can be earned.

Tier Progression and Downgrades

All new affiliates start in the Bronze tier. Affiliates can progress to the Silver tier by achieving $25,000 or more in Annual Recurring Revenue (ARR) associated with the customers they have referred during the prior year. To reach the Gold tier, affiliates must achieve an ARR of $50,000 or higher.

• Automatic Tier Advancement:
  Affiliates are automatically moved to the next tier when they meet the specified requirements. This advancement ensures that all future payments will be made at the higher percentage associated with the new tier.
• Automatic Tier Downgrades:
  Conversely, affiliates are automatically downgraded to a prior tier if they do not meet the corresponding requirements. When downgraded, all payments are adjusted to the reduced rate associated with the lower tier.

Tracking Period for Lead Conversion

We provide a 90-day tracking period for potential lead conversions upon a user clicking on your Affiliate Link. If a lead converts within this timeframe, you will be eligible for a commission. Please be aware of this time window for tracking lead activity.

Marketing Guidelines 

Other than sharing your Affiliate Link, you may not use or set up any website or social media site, or bid on or otherwise use any search engine keywords, that use any SmartSuite branded search terms, trademarked terms, or branded URLs, including derivatives or misspellings of these. You may not engage in brand bidding on SmartSuite’s terms or on a competitor’s branded terms to direct traffic to SmartSuite branded sites. This includes any and all combinations, variations, misspellings or misspelling variations. You may not run Google Ads or Microsoft Ads campaigns using Smartsuite.com as the destination, or via the use of a redirect to SmartSuite.com.

You may not buy, create, or publish paid advertisements for SmartSuite, other than the contents of your Affiliate Link, without SmartSuite’s approval. You may not resell or rebroker any SmartSuite offer, or otherwise offer for sale the contents of your Affiliate Link or Referral Link, without SmartSuite’s approval.

You may not post Affiliate Links on or through the following without prior written approval from SmartSuite, which may be withheld in SmartSuite’s sole discretion: coupon websites or media; coupon codes not expressly provided to you by SmartSuite or through the Affiliate Program; websites or media that contain adult, obscene, hateful, defamatory, or illegal content; loyalty or cashback sites, including through first- or third-party toolbar or browser extensions; email, including first or third-party email; or websites or media that would reflect negatively on SmartSuite’s brand. SmartSuite will withhold or refuse to pay Affiliate commissions, even if otherwise earned, if you violate this policy.