SmartFirm Affiliate Program Terms

1. Parties

References to “SmartFirm” refer to SmartFirm, Inc. References to “You” or “Your” refer to the person or entity applying to become an affiliate. SmartFirm and You are each referred to as a “Party” and collectively as the “Parties.”
If your legal business name or account ownership changes, you must notify SmartFirm in writing within 24 hours at [email protected].

2. Application & Approval

You must submit accurate and complete information when applying for the SmartFirm Affiliate Program. Approval is not guaranteed.
SmartFirm retains sole discretion in approving or rejecting applications. Applications may be rejected for reasons including but not limited to: spam history, fraud, or brand misalignment.

3. Consent to Be Contacted

By applying, you consent to receive communications from SmartFirm about the Affiliate Program via email, SMS, or phone (including automated messages). You may revoke consent only by submitting written notice to [email protected].

Affiliate Compensation & Payment Terms

4. Commission Payment Schedule

Varies by Program. Refer to the terms of your specific affiliate program.

Monthly Payout Model:

Commissions are paid on the 15th of the month following the month in which they are earned. (e.g., April earnings are paid on May 15).
Payments are made via PayPal or another approved method, provided tax forms are submitted and payout thresholds are met. Cookies last 90 days.

60-Day Payout Model:
Some programs pay 60 days from the end of the earning month. (e.g., April 20 earnings are paid July 1). Same payment conditions apply.

4.1 Commission Structure

Commission rates vary depending on the campaign you’re part of. Log in to your affiliate dashboard to view your specific rates.
Customers must remain active and in good standing for 45 days before commissions are finalized.
All commissions are paid in USD. Payment processor fees may be deducted.

4.2 Tax Requirements

To receive payouts, affiliates must provide:

A valid W-9 (for U.S. affiliates) or W-8 BEN (for non-U.S. affiliates)

A valid payout method (e.g., PayPal or bank details)

Failure to submit documentation before the scheduled payout date will result in forfeiture of those commissions without recovery.

4.3 No Self-Referrals

You may not earn commissions on purchases made using your own affiliate link.
You may not purchase products or subscriptions on behalf of others to earn commission.
Violations result in account termination and loss of all pending commissions.

4.4 Forfeiture of Future Commissions

If you cancel your SmartFirm subscription or account:
All unpaid, future-dated commissions will be automatically forfeited and are not recoverable under Oregon law (ORS §652.140).

5.0 Prohibited Conduct

Affiliates may not:

Use spammy, misleading, or deceptive marketing tactics

Offer cash rebates or financial incentives for sign-ups

Create websites or social pages that impersonate SmartFirm

Make false income claims or misleading promises

Bid on SmartFirm brand terms or misspellings in paid ads

Violations will result in immediate termination and forfeiture of unpaid commissions.

6.0 Chargebacks & Fraudulent Sales

If a sale is refunded or charged back:

The commission will be deducted from your future earnings

If the sale is flagged as fraudulent, no commission will be paid

Fraud may result in account termination without notice

7.0 Independent Contractor Status

Affiliates are independent contractors, not employees or agents of SmartFirm.
Affiliates may not bind SmartFirm to agreements or represent the company in any capacity.

8.0 Termination Policy

8.1 Termination by Either Party

Either party may terminate this Agreement with 30 days’ written notice.

8.2 Immediate Termination by SmartFirm

SmartFirm may terminate your account immediately if:

You violate any policy terms

You engage in fraud or misconduct

You fail to generate commission for 12 consecutive months

Upon termination, all unpaid commissions are forfeited.

9.0 Dispute Resolution

All disputes will be resolved via binding arbitration under Oregon law (UTCR Chapter 13)

Arbitration will be held in Lane County, unless both parties agree otherwise

9.1 No Class Actions

You agree not to bring any claims as part of a class, collective, or representative action.

9.2 Waiver of Jury Trial

You waive your right to a jury trial in any legal action related to this agreement.

10.0 Modifications & Amendments

SmartFirm may update or amend this policy at any time.
Changes become effective immediately upon posting to our website. Continued participation indicates acceptance of the revised terms.

Contact Information

For questions or help with your affiliate account:

📧 Email: [email protected]