Last Modified: January 2026

This SMASHSEND Affiliate Agreement (these "Affiliate Terms") governs the SMASHSEND Affiliate Program and sets forth the conditions pursuant to which you may be eligible for, earn, redeem, or forfeit commissions ("Commissions"). "Affiliate" or "You" means the individual or legal entity that has been accepted into the SMASHSEND Affiliate Program.

You may only participate in the SMASHSEND Affiliate Program if you accept all of these Affiliate Terms. These Affiliate Terms apply as soon as you are accepted into the SMASHSEND Affiliate Program. Capitalized terms used in these Affiliate Terms but not defined here have the meanings given in the SMASHSEND Terms of Service.

1. Program Overview

1.1. The SMASHSEND Affiliate Program allows approved participants to earn Commissions by promoting SMASHSEND products and services to potential customers. Affiliates receive a unique referral link to track conversions and earn Commissions on qualifying purchases.

1.2. SMASHSEND reserves the right to accept or reject any application to the Affiliate Program at its sole discretion. We may consider factors including but not limited to: your audience, content quality, platform reach, and alignment with SMASHSEND's brand values.

2. Eligibility

2.1. To be eligible for the SMASHSEND Affiliate Program, you must: (a) be at least 18 years of age; (b) have a valid PayPal account for receiving payments; (c) comply with all applicable laws and regulations; and (d) not engage in any fraudulent, misleading, or unethical promotional practices.

2.2. You may become ineligible to receive Commissions if: you engage in fraudulent activity, you use misleading advertising or spam, you violate the SMASHSEND Terms of Service, Acceptable Use, or these Affiliate Terms, or if your promotional methods damage SMASHSEND's reputation.

2.3. SMASHSEND employees, contractors, and their immediate family members are not eligible to participate in the Affiliate Program.

2.4. You are not eligible to receive Commissions for referring your own accounts, accounts owned or controlled by you or your immediate family members, or accounts created through fraudulent means.

3. Commission Structure

3.1. You will earn a 30% commission on all qualifying purchases made by customers you refer during the first 6 months of their subscription. This includes initial purchases, plan upgrades, and add-on purchases made within the commission period.

3.2. Commissions are calculated based on the net amount of the transaction after any discounts, refunds, chargebacks, or credits have been applied. Refunded transactions do not qualify for Commissions.

3.3. Our tracking cookies last for 60 days from the time a potential customer clicks your affiliate link. If the customer makes a qualifying purchase within this 60-day window, you will receive credit for the referral.

3.4. Commission rates and structures are subject to change at any time. SMASHSEND will provide notice of any changes to commission rates, which will apply to new referrals made after the effective date of the change.

4. Payment Terms

4.1. Commissions are paid bi-weekly (every 15 days) via PayPal, provided you have accumulated a minimum of $25 in unpaid Commissions. If your balance is below the minimum threshold, it will roll over to the next payment period.

4.2. All Commissions are subject to a 30-day holding period from the date of the qualifying transaction before becoming eligible for payout. This holding period allows for the processing of potential refunds and chargebacks.

4.3. You are responsible for providing accurate payment information and for any taxes due on Commissions you receive. SMASHSEND may require you to provide tax documentation (such as a W-9 or W-8BEN) before processing payments.

4.4. In the event your total Commissions exceed $600 per calendar year (for US-based affiliates), SMASHSEND will issue a Form 1099 or other applicable tax documentation as required by law.

5. Promotional Guidelines

5.1. You may promote SMASHSEND using your unique affiliate link on your website, social media platforms, email newsletters, YouTube videos, podcasts, and other legitimate marketing channels.

5.2. You must clearly disclose your affiliate relationship with SMASHSEND in accordance with applicable laws and regulations, including FTC guidelines. This disclosure must be clear and conspicuous in all promotional materials.

5.3. You may not engage in the following prohibited promotional activities: (a) spam or unsolicited email marketing; (b) misleading or false advertising; (c) bidding on SMASHSEND branded keywords in paid search advertising; (d) cookie stuffing or other fraudulent tracking methods; (e) creating fake reviews or testimonials; (f) impersonating SMASHSEND or its employees; (g) making unauthorized claims about SMASHSEND products or services.

5.4. You may use SMASHSEND logos, images, and marketing materials provided through the Affiliate Program. You may not modify these materials without prior written approval from SMASHSEND.

6. Intellectual Property

6.1. SMASHSEND grants you a limited, non-exclusive, non-transferable license to use SMASHSEND trademarks, logos, and marketing materials solely for the purpose of promoting SMASHSEND products and services as part of the Affiliate Program.

6.2. You may not register, attempt to register, or claim ownership of any SMASHSEND trademarks, domain names, or social media handles that incorporate SMASHSEND branding.

6.3. All intellectual property rights in SMASHSEND products, services, and marketing materials remain the exclusive property of SMASHSEND.

7. Data and Privacy

7.1. SMASHSEND will provide you with access to affiliate reporting tools that display your referral activity, clicks, conversions, and Commissions. This data is provided for your personal use only and may not be shared with third parties.

7.2. You agree to comply with all applicable data protection and privacy laws in your promotional activities. You may not collect, store, or process personal data of potential customers except as necessary and in compliance with applicable law.

7.3. SMASHSEND will not disclose information about referred customers' account activity beyond what is reasonably necessary for the administration of the Affiliate Program.

8. Term and Termination

8.1. These Affiliate Terms are effective upon your acceptance into the Affiliate Program and continue until terminated by either party. Either party may terminate participation in the Affiliate Program at any time for any reason.

8.2. Upon termination: (a) you must immediately cease all use of SMASHSEND trademarks and marketing materials; (b) your affiliate links will be deactivated; (c) you will forfeit any unpaid Commissions below the minimum payout threshold; (d) Commissions that have cleared the holding period and meet the minimum threshold will be paid according to the regular payment schedule.

8.3. SMASHSEND may immediately terminate your participation and forfeit any pending Commissions if you violate these Affiliate Terms, the SMASHSEND Terms of Service, or engage in fraudulent or unethical behavior.

9. Limitation of Liability

9.1. SMASHSEND's total liability to you under these Affiliate Terms is limited to the amount of Commissions actually earned by you in the 12 months preceding any claim.

9.2. SMASHSEND is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your participation in the Affiliate Program.

9.3. You release SMASHSEND from all liability that may result from your participation in the Affiliate Program, including any third-party claims arising from your promotional activities.

10. Indemnification

You agree to indemnify, defend, and hold harmless SMASHSEND, its officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses (including reasonable attorney's fees) arising from: (a) your breach of these Affiliate Terms; (b) your promotional activities; (c) your violation of any applicable law or third-party rights.

11. Modifications

11.1. SMASHSEND may modify these Affiliate Terms at any time by posting an updated version to our legal page. Material changes will be communicated to active affiliates via email. Continued participation in the Affiliate Program after changes take effect constitutes acceptance of the modified terms.

11.2. SMASHSEND may modify the commission structure, payment terms, program rules, or any other aspect of the Affiliate Program at any time. Changes will apply to referrals made after the effective date of the change.

12. General Provisions

12.1. These Affiliate Terms constitute the entire agreement between you and SMASHSEND regarding the Affiliate Program and supersede all prior agreements and understandings.

12.2. The relationship between you and SMASHSEND is that of independent contractors. Nothing in these Affiliate Terms creates an employment, agency, partnership, or joint venture relationship.

12.3. These Affiliate Terms are governed by the laws of Delaware, United States, without regard to its conflict of laws principles. Any disputes shall be resolved in the state or federal courts located in Delaware.

12.4. If any provision of these Affiliate Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.5. SMASHSEND's failure to enforce any provision of these Affiliate Terms does not constitute a waiver of that provision or any other provision.

13. Contact Information

For questions about these Affiliate Terms or the SMASHSEND Affiliate Program, please contact us at help@smashsend.com.