1. Introduction These Affiliate Referral Program Terms and Conditions (the "Agreement") govern the relationship between ExpertSpace®, (the “Company”), and the Affiliate Partner (the “Partner”) participating in the Company’s affiliate referral program (the “Program”). By participating in the Program, the Partner agrees to comply with and be bound by this Agreement.
2. Eligibility for Referral Rewards 2.1 The Partner will be eligible to earn referral rewards equal to 40% of the net base subscription revenue from each referred user who subscribes to the Company’s services (the "Referred User") as a direct result of the Partner’s promotional activity on behalf of the Company, and remains beyond their free trial period.
2.2 Affiliate Partners may not refer themselves, or any account they control. The Partner may not refer individuals or entities from the same organisation in which they are employed or have any role. This includes, but is not limited to, co-workers, colleagues, subordinates, or individuals working for any organisation in which the Partner holds a direct or indirect ownership interest or acts in a managerial or decision-making capacity. Any such referrals will be deemed ineligible, and no referral rewards will be paid. The Company reserves the right to investigate and verify the relationship between the Partner and any Referred User to ensure compliance. Any such attempts may result in immediate termination of participation in the Program and forfeiture of any accrued referral rewards.
2.3 Referral rewards apply to both monthly and annual subscriptions and are paid on the base subscription revenue only. No referral reward will be paid on additional services, paid add-ons, or any other charges incurred by the Referred User.
2.4 The Partner will only receive a reward if the Referred User has successfully made at least one subscription payment. If a Referred User defaults on a payment, misses a payment, or cancels their subscription, no further referral rewards will be due from the point of default, at the Company’s discretion.
2.5 If a Referred User enters the Company's "Paused Plan" (a reduced nominal subscription fee to maintain account and data without access to services), referral reward entitlement will cease during the period the Referred User remains on the Paused Plan. Referral reward entitlement will only resume when the Referred User returns to full subscription status and at least one successful subscription payment has been received by the Company.
2.6 In the event that a Referred User misses a payment, there will be a 2-week grace period during which referral rewards may still be due if the payment is rectified. If the payment is not made within this grace period, the Company reserves the right to void any further referral rewards from that point onwards.
2.7 If the Partner cancels their own subscription with the Company, they will no longer be eligible to receive any referral rewards.
3. Payment Terms 3.1 Referral rewards are paid at the end of the month, with a 30-day processing period, i.e., payments are made at the end of the following month ("End of Month + 30 Days").
3.2 The Partner must provide valid and current bank account details, and / or PayPal details to the Company in order to set up the referral partnership. Payments will be made in USD.
3.3 In the event that the Company issues a full or partial subscription refund to a Referred User for any reason, the Partner will be required to refund the Company a commensurate amount of the referral rewards paid on that subscription. Such refunds may be deducted from future reward payments automatically at the Company’s discretion. The Company will advise the Partner of the amount and refund process in each case.
4. Referral Dashboard Access The Partner will gain access to the Company’s affiliate program dashboard through the Company’s online platform. This will allow the Partner to track their referrals and view the status of payments and rewards.
5. Accurate Representation of Services The Partner agrees to represent the Company’s products and services accurately and fairly when promoting or marketing them. Any misrepresentation will be grounds for immediate termination of the Partner's eligibility and the reclaiming of rewards.
6. Prohibition of Fraudulent Activities 6.1 The Partner must not engage in fraudulent, unethical, or misleading activities to generate referrals. This includes, but is not limited to, creating fake accounts, spamming, or providing misleading information about the Company’s services.
6.2 If the Company detects fraudulent activities, it reserves the right to terminate the Partner's eligibility immediately and reclaim any rewards already paid.
7. Non-Compete Clause 7.1 The Partner agrees not to promote or market any services or products that directly compete with the Company’s offerings while participating in the Program.
7.2 If the Company discovers that the Partner is involved in promoting or engaging in competitive activities, the Partner’s eligibility will be revoked, and the Company may require the Partner to refund any rewards received during the period of the violation.
8. Non-Solicitation of Clients The Partner agrees not to solicit or engage the Company’s existing clients in competing business activities. This clause is intended to protect the Company’s relationships with its clients and ensure that the Partner focuses solely on promoting new business.
9. Audit rights The Company reserves the right to audit the Partner’s referral records to ensure compliance with this Agreement. If any discrepancies or breaches of the Agreement are discovered, the Company may withhold or reclaim rewards and may terminate the Partner’s participation in the Program.
10. Company Obligations 10.1 Timely and Accurate Payment : The Company agrees to calculate referral rewards accurately and process payments according to the agreed terms provided all eligibility criteria are met.
10.2 Support and Communication : The Company will provide access to support for any questions or issues regarding the referral program or the affiliate dashboard. The Company’s contact email for the Program is: [insert company email here].
10.3 Data and Tracking Accuracy : The Company will maintain the accuracy of its affiliate tracking system. However, the Company is not liable for technical issues or errors that result in inaccurate tracking or delays in the payment of rewards.
11. Confidentiality and Data Privacy The Partner agrees to keep all information about the Program, including referral tracking data and payment details, confidential. The Company will ensure compliance with relevant data privacy laws, including GDPR and other global data protection regulations, and will protect any personal data collected as part of the Program. The Company’s Data Privacy Policy can be reviewed [link here]
12. Intellectual Property The Partner may use the Company’s branding or marketing materials as provided by the Company in order to promote the Company in social media, paid advertising or other communications, but may not modify, misrepresent, or create derivative works from the Company’s intellectual property. The Company retains ownership of all intellectual property, including trademarks, logos, and promotional materials. The Partner should always make it clear that they are an independent affiliate and not directly employed by the Company.
13. Referral Ownership All Referred Users brought into the Company through the Program remain clients of the Company, not of the Partner. The Partner has no rights over these clients beyond receiving referral rewards under this Agreement. Any intellectual property relating to leads and clients is exclusively owned by the Company.14. Force MajeureThe Company shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, cybersecurity attacks, internet outages or other technical disruptions..
15. Termination15.1 by the Partner The Partner may terminate their participation in the Program at any time by notifying the Company in writing via [insert company email]. Any outstanding rewards up to the termination date will be paid by the Company to the Partner within 30 days of receipt of termination notice, provided all eligibility requirements are met.
15.2 by the CompanyThe Company reserves the right to terminate the Partner’s participation in the Program immediately if the Partner engages in misconduct, including but not limited to: - Misrepresentation of the Company’s services. - Violating ethical standards in promoting the Company. - Engaging in illegal activities to drive referrals.
Upon termination for misconduct, the Company may reclaim any rewards paid during the period of the violation.
15.3 If this Agreement is terminated by either party, the Partner will be entitled only to referral rewards accrued up to the date of termination, provided all eligibility criteria are met. The termination does not affect any other rights the Company may have under this Agreement or under applicable law.
16. Dispute Resolution Any disputes between the Partner and the Company regarding this Agreement will be resolved through good faith negotiation. If the parties are unable to resolve the dispute, they agree to submit the matter to mediation or arbitration. The jurisdiction for any legal proceedings will be the courts of Bordeaux, France under French law.
17. Changes to the Referral Program The Company reserves the right to change the terms of the referral rewards structure, the Program, or this Agreement, with 30 days' notice to the Partner. Participation in the Program after the notice period constitutes acceptance of the updated terms.