Affiliate Program Terms

These Affiliate Program Terms and Conditions ("Affiliate Terms") govern participation in the EMLY AI Affiliate Program ("Program"). By applying to or participating in the Program, you ("Affiliate") agree to be bound by these Affiliate Terms, which supplement our general Terms of Service.

To participate in the EMLY AI Affiliate Program, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction.
• Provide accurate and complete information during the application process.
• Have an active website, blog, social media presence, or other legitimate marketing channel.
• Not engage in any business activities that compete directly with EMLY AI services.
• Comply with all applicable laws and regulations, including advertising and marketing laws.

Affiliates earn commissions based on the following terms:

• Commission Rate: Affiliates earn 10% recurring commission on eligible paid invoices from referred customers.
• Eligible Invoice Amount: Commission is computed on the eligible, non-After-Hours portion of the referred customer invoice after taxes are included. Ineligible line items, including After-Hours or other excluded products, do not earn commission.
• Payment Timing: Eligible commissions are reviewed in monthly payout cycles after a 30-day cooldown from the invoice payment date.
• Payment Threshold: Commissions are paid when the accumulated eligible balance reaches the minimum payout threshold of $25 CAD or the equivalent amount in the commission currency.
• Payment Method: Commissions are paid through the payment method specified in your affiliate account, including Stripe Connect where available.

Customers who sign up using an affiliate code receive the following benefit:

• Discount Amount: Referred customers receive 10% off eligible subscription charges when they use a valid affiliate code.
• Duration: This discount applies to eligible billing cycles for as long as the customer maintains an active subscription—it does not expire.
• Application: The discount is automatically applied at checkout when the customer uses a valid affiliate code during signup.
• Non-Transferable: The discount is tied to the specific account created with the affiliate code and cannot be transferred to another account.
• Stacking: The affiliate referral discount cannot be combined with other promotional discounts or offers unless explicitly stated.

For a referral to be eligible for commission:

• The referred customer must be a new EMLY AI customer who has not previously had an account.
• The referred customer must sign up using your unique affiliate link or discount code.
• The referred customer must complete a valid payment for a paid subscription plan.
• The referral must not be from your own account, immediate family members, or business entities you own or control.
• The referral must result from legitimate marketing activities and not violate any laws or these terms.

Affiliates who reach 10 active referrals are eligible for the Core plan milestone reward under the following terms:

• Milestone Requirement: The Affiliate must have 10 active referred subscriptions with at least one paid invoice recorded for each referred account.
• Reward: Once earned, the Affiliate receives 100% off the eligible Core plan portion of their own EMLY AI subscription.
• Duration: The Core plan comp applies forever once earned and is not revoked if referral counts later change.
• Overages Excluded: Minute overages, usage-based charges, After-Hours, and other non-Core charges are not comped and continue to bill normally.
• Non-Transferable: The milestone reward is non-transferable, cannot be exchanged for cash, and cannot be applied to another account.
• One-Time Benefit: The milestone reward is earned once. Reaching 10 active referrals again does not create an additional reward.

As an Affiliate, you agree to:

• Accurately represent EMLY AI services and not make false, misleading, or exaggerated claims.
• Clearly disclose your affiliate relationship when promoting EMLY AI, as required by applicable advertising laws.
• Not use spam, unsolicited emails, or any deceptive marketing practices to generate referrals.
• Not bid on EMLY AI branded keywords in paid search advertising without prior written approval.
• Not create websites, domains, or social media accounts that could be confused with official EMLY AI properties.
• Not engage in cookie stuffing, fraudulent clicks, or any artificial methods to generate referrals.
• Use only approved marketing materials and messaging provided by EMLY AI or obtain approval for custom materials.
• Maintain compliance with all applicable privacy laws, including PIPEDA and provincial privacy legislation.

The following activities are strictly prohibited and may result in immediate termination from the Program and forfeiture of pending commissions:

• Self-referrals or referring businesses you own, control, or are employed by.
• Referring immediate family members (spouse, parents, children, siblings) or their businesses.
• Using paid advertising that directly competes with EMLY AI advertising efforts.
• Posting affiliate links in online forums, comment sections, or other community spaces where such posting is prohibited.
• Creating fake accounts, fake referrals, or engaging in any form of fraud.
• Making disparaging statements about EMLY AI, its competitors, or other affiliates.
• Violating any intellectual property rights of EMLY AI or third parties.
• Engaging in any illegal activities or activities that could harm the reputation of EMLY AI.

EMLY AI reserves the right to adjust or reclaim commissions under the following circumstances:

• Chargebacks: If a referred customer issues a chargeback or payment dispute, the related commission may be deducted from future payments.
• Refunds During Cooldown: If a referred customer receives any refund for an invoice within the 30-day cooldown window, the corresponding commission for that invoice is voided in full. Partial refunds void the full commission, not a prorated portion.
• Refunds After Payout: If a referred customer receives a refund after the related commission has already been paid, EMLY AI will review the matter case by case and no automated clawback is applied.
• Fraudulent Referrals: If a referral is determined to be fraudulent or in violation of these terms, all associated commissions will be forfeited.
• Subscription Cancellation: If a referred customer cancels, future unpaid invoices after cancellation do not earn commission.
• Error Correction: EMLY AI may correct any errors in commission calculations at any time.

EMLY AI provides affiliates with tracking and reporting tools subject to the following:

• EMLY AI tracking data is the sole basis for calculating referrals and commissions.
• Affiliates are responsible for ensuring their affiliate links and codes are properly implemented.
• Cookie tracking may have a limited duration; referrals must complete signup within the tracking window.
• EMLY AI is not responsible for technical issues that may affect tracking outside of our control.
• Affiliates may access their performance reports through the affiliate dashboard.

EMLY AI grants affiliates a limited, non-exclusive, non-transferable license to use EMLY AI trademarks, logos, and marketing materials solely for the purpose of promoting EMLY AI services under the Program:

• All EMLY AI trademarks, logos, and brand assets remain the exclusive property of EMLY AI.
• Affiliates may only use approved logos and marketing materials provided through the affiliate program.
• Affiliates may not modify, alter, or create derivative works from EMLY AI brand assets.
• This license terminates immediately upon termination of affiliate status.
• Affiliates must remove all EMLY AI branding from their properties within 7 days of termination.

Affiliates agree to keep confidential all non-public information received through the Program, including:

• Commission rates and payment terms specific to your affiliate agreement.
• Performance data, conversion rates, and other program analytics.
• Upcoming features, promotions, or business strategies shared with affiliates.
• Any other information designated as confidential by EMLY AI.

These Affiliate Terms remain in effect while you participate in the Program:

• Either party may terminate participation in the Program at any time with written notice.
• EMLY AI may immediately terminate affiliate status for any violation of these terms.
• Upon termination, all unpaid commissions below the minimum threshold will be forfeited.
• Commissions above the minimum threshold at time of termination will be paid in the next regular payment cycle.
• Termination does not release the Affiliate from obligations of confidentiality or liability for previous violations.
• EMLY AI reserves the right to discontinue the Program entirely with 30 days notice to active affiliates.

You agree to indemnify, defend, and hold harmless EMLY AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your participation in the Program and promotional activities.
• Any violation of these Affiliate Terms.
• Any violation of applicable laws or regulations.
• Any infringement of third-party rights.
• Any claims by referred customers related to your promotional activities.

To the maximum extent permitted by law:

• EMLY AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your participation in the Program.
• EMLY AI total liability shall not exceed the total commissions paid to you in the 12 months preceding any claim.
• EMLY AI does not guarantee any level of earnings or success in the Program.
• EMLY AI is not responsible for any tax obligations arising from your commission earnings.

EMLY AI reserves the right to modify these Affiliate Terms or the Program at any time:

• Material changes will be communicated via email to active affiliates at least 14 days in advance.
• Continued participation after changes take effect constitutes acceptance of the modified terms.
• Commission rate changes apply only to new referrals made after the effective date.
• If you do not agree to modified terms, you may terminate your participation.

These Affiliate Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes arising from these terms or your participation in the Program shall be resolved through binding arbitration in Alberta, Canada, unless otherwise required by law.

For questions about these Affiliate Terms or the Program, please contact us at affiliates@emlyai.ca.