This Affiliate Agreement (the "Agreement") is made by and between Smart Mind Technology ("Company") and the individual or entity applying for the Affiliate Program ("Affiliate").
By submitting an application to the Spark Agent Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
1. Enrollment and Acceptance
To enroll in the Affiliate Program, you must submit an application through our website. We reserve the right to accept or reject any application at our sole discretion. The Affiliate Program is open only to persons or entities of legal age in their country of residence.
2. Commissions and Earnings
This section outlines the financial terms regarding commissions and payouts:
- Commission Rate: Affiliates will earn up to 40% commission on Qualifying Sales, subject to change at the Company's discretion with prior notice.
- Qualifying Sales: A "Qualifying Sale" is defined as a sale of a Spark Agent subscription or service by a customer who:
- Uses the unique Affiliate Link or Coupon Code provided by the Company.
- Has not previously registered with Spark Agent.
- Makes a purchase that results in a cleared payment (i.e., no chargebacks or fraud).
- Payout Schedule: Commissions will be calculated on a monthly basis. Payouts will be processed approximately 45 days after the end of the month in which the sale occurred (to account for refunds and grace periods).
- Minimum Payout Threshold: Commissions will only be released once the Affiliate’s accrued balance exceeds $50 (USD) or 2500 (EGP). If the balance is below this threshold at the end of a month, the balance will rollover to the next month.
- Payout Methods: Payouts can be processed via Egyptian digital wallets (e.g., Vodafone Cash, Orange Cash, etc.) or InstaPay for EGP currency, or via PayPal for USD currency based on the actual sales currency. It is the Affiliate's responsibility to provide valid payment details using his account dashboard.
- Returns and Refunds: If a customer requests a refund or chargeback, the corresponding commission will be deducted from the Affiliate's account. If a refund causes a negative balance, this amount will be deducted from future commissions.
3. Affiliate Responsibilities
As an Affiliate, you agree to:
- Ethical Marketing: Market Spark Agent products in a professional and truthful manner. You may not make false or misleading claims regarding our services.
- Compliance: Comply with all applicable laws, ordinances, and regulations regarding anti-spam (including the CAN-SPAM Act), data privacy, and consumer protection.
- No Brand Bidding: You are strictly prohibited from bidding on keywords such as "Spark Agent," "Smart Mind Technology," or variations thereof in search engine advertising (PPC).
- Self-Purchases: Affiliates may not use their own affiliate link to purchase products for personal use or resale. "Self-referrals" will be disqualified.
4. Coupon Code Usage
- The Company will provide the Affiliate with a unique coupon code.
- The discount associated with this code is intended for the Affiliate's referred customers only.
- Publicly posting your specific discount code on coupon aggregation sites without permission may result in termination of this Agreement and forfeiture of commissions.
5. Relationship of Parties
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship. The Affiliate is responsible for their own taxes and social contributions. The Affiliate is not authorized to make any warranties or commitments on behalf of Smart Mind Technology.
6. Termination
- By Affiliate: The Affiliate may terminate this Agreement at any time by providing written notice.
- By Company: The Company may terminate this Agreement at any time, with or without cause, with 30 days' notice (or immediately in the event of fraud or breach of this Agreement).
- Post-Termination: Upon termination, the Affiliate shall cease all use of the Affiliate Links and remove all references to Spark Agent from their websites. Any outstanding commissions will be paid out in the final scheduled payment cycle, provided the amount meets the Minimum Payout Threshold.
7. Limitation of Liability
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or use by the Affiliate. The Company’s total liability to the Affiliate shall not exceed the total commissions paid to the Affiliate in the three months preceding the claim.
8. Indemnification
The Affiliate agrees to indemnify and hold the Company harmless from any claims, damages, or expenses arising from the Affiliate's breach of this Agreement, illegal activities, or violation of third-party intellectual property rights.
9. Governing Law
This Agreement shall be governed by the laws of the jurisdiction in which the Company operates, without regard to its conflict of laws provisions. Any disputes arising under this Agreement shall be resolved in the courts of the Company's location.