These Affiliate Terms & Conditions (“Affiliate Terms”) govern participation in the Convesio Affiliate Program (“Program”) operated by Convesio, Inc. (“Convesio,” “we,” “us,” or “our”). By applying to or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by these Affiliate Terms.

These Affiliate Terms are incorporated into and subject to Convesio’s Terms of Service, Acceptable Use Policy (AUP), Privacy Policy, and any applicable product-specific terms (collectively, the “Platform Terms”). In the event of a conflict, the Platform Terms shall control.

1. Definitions

• “Referred Customer” means a new customer who signs up for Convesio services through a valid Affiliate referral link and is accepted by Convesio.
• “Qualified Transaction” means a completed and valid purchase or payment by a Referred Customer that meets all eligibility criteria under these Affiliate Terms.
• “Net Revenue” means gross revenue actually received by Convesio from a Referred Customer, less refunds, chargebacks, credits, processor fees, taxes, and adjustments.
• “Commission” means the compensation payable to Affiliate based on Qualified Transactions.
• “Fraudulent Referral” means any referral generated through deceptive, misleading, automated, incentivized (without proper disclosure), or unlawful means.

1A. Program Scope

The Affiliate Program described in these Affiliate Terms applies solely to standard Convesio products and services made available through Convesio’s public affiliate platform (including, but not limited to, programs managed through FirstPromoter or similar tools).

Certain products, services, or offerings, including but not limited to ConvesioPay, payment processing services, or revenue share programs, may be governed by separate written agreements and are not included in this Program unless expressly authorized in writing by Convesio.

Participation in this Affiliate Program does not grant any rights to commissions, revenue share, or compensation related to such separate programs.

2. Enrollment & Eligibility

Participation in the Program is subject to approval by Convesio at its sole discretion. We reserve the right to reject or terminate any Affiliate application or participation at any time.

You must:

• Provide accurate and complete information
• Maintain compliance with all applicable laws and regulations
• Operate in a manner consistent with Convesio’s brand and compliance standards

3. Affiliate Relationship

Affiliate is an independent contractor and not an employee, agent, partner, or representative of Convesio.

Affiliate has no authority to:

• Bind Convesio to any agreement
• Make representations, warranties, or guarantees on behalf of Convesio
• Negotiate pricing, terms, or approvals

4. Affiliate Obligations & Restrictions

4.1 Permitted Conduct

Affiliate may:

• Promote Convesio using approved referral links and materials
• Share accurate, truthful information about Convesio services
• Publish content that includes proper affiliate disclosures

4.2 Prohibited Conduct

Affiliate shall not:

• Misrepresent Convesio’s services, including:
  • Guaranteed uptime
  • Guaranteed payment processing approval
  • Guaranteed regulatory or compliance outcomes (e.g., HIPAA)
• Make false or misleading claims about pricing, features, or results
• Bid on Convesio brand keywords (e.g., “Convesio,” “ConvesioPay”) without prior written approval
• Impersonate Convesio or present themselves as Convesio employees or agents
• Use spam, unsolicited communications, or unlawful marketing practices
• Engage in cookie stuffing, cloaking, or deceptive attribution tactics
• Refer themselves or related entities for the purpose of earning commissions
• Promote Convesio in connection with prohibited or restricted industries without approval
• Market or promote ConvesioPay or payment processing services unless expressly authorized in writing

5. Compliance with Laws

Affiliate must comply with all applicable laws and regulations, including but not limited to:

• FTC endorsement and disclosure guidelines
• CAN-SPAM Act
• GDPR / CCPA (where applicable)
• Advertising and consumer protection laws

Affiliate is solely responsible for its marketing practices and compliance obligations.

6. Commissions

6.1 Eligibility

Commissions are earned only on Qualified Transactions that:

• Are completed by a valid Referred Customer
• Are not refunded, disputed, or reversed
• Are not deemed fraudulent or in violation of these Affiliate Terms

6.2 Commission Structure

Commission rates, structures (including recurring commissions), and eligibility criteria will be defined in the Affiliate dashboard or separate written agreement and may be updated from time to time.

6.3 Payment Terms

• Commissions are paid on a net basis after qualification
• Standard payout timing: Net 30–60 days following the end of the applicable period
• Minimum payout threshold: [e.g., $100 USD]
• Payments may be withheld for investigation, compliance review, or suspected violations

6.4 Clawbacks & Adjustments

Convesio reserves the right to reverse or adjust Commissions in the event of:

• Refunds or cancellations
• Chargebacks or disputes
• Fraudulent or invalid referrals
• Violations of these Affiliate Terms

6.5 No Implied Rights

Participation in the Affiliate Program does not entitle Affiliate to participate in any other Convesio partner, reseller, referral, or revenue share programs.

7. Payment Processing & Regulated Services Disclaimer

Affiliate acknowledges that certain Convesio services, including but not limited to ConvesioPay, are subject to:

• Third-party processor approval and underwriting
• Card network rules and requirements
• Regulatory and compliance obligations
• Industry-specific restrictions

Convesio makes no guarantees regarding:

• Merchant approval
• Processing availability
• Pricing or fees
• Continued access to payment services

Affiliate shall not market, promote, or represent Convesio’s payment processing services (including ConvesioPay) as part of the Affiliate Program unless explicitly authorized in writing.

Any participation in ConvesioPay or related services is subject to separate approval and contractual agreement.

8. Intellectual Property

Convesio grants Affiliate a limited, revocable, non-exclusive, non-transferable license to use Convesio’s trademarks and marketing materials solely for participation in the Program.

Affiliate shall not:

• Modify or misuse Convesio branding
• Register domain names or social handles that include Convesio trademarks
• Represent ownership of Convesio intellectual property

9. Term & Termination

9.1 Term

These Affiliate Terms remain in effect until terminated by either party.

9.2 Termination

Convesio may suspend or terminate Affiliate participation at any time, with or without cause, including for:

• Violation of these Affiliate Terms
• Legal, regulatory, or reputational risk
• Fraud or suspected misconduct

9.3 Effect of Termination

Upon termination:

• Affiliate must cease all use of Convesio branding and referral links
• Pending commissions may be forfeited in cases of violation
• Legitimately earned commissions may be paid at Convesio’s discretion

10. Limitation of Liability

To the maximum extent permitted by law:

• Convesio shall not be liable for any indirect, incidental, consequential, or special damages
• Convesio’s total liability under these Affiliate Terms shall not exceed the total Commissions paid to Affiliate in the 12 months preceding the claim

11. Disclaimer of Warranties

The Program and all Convesio services are provided “as is” and “as available” without warranties of any kind, whether express or implied.

Convesio disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Availability or uninterrupted operation

12. Indemnification

Affiliate agrees to indemnify, defend, and hold harmless Convesio and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Affiliate’s marketing activities
• Violations of these Affiliate Terms
• Misrepresentations or unlawful conduct
• Breach of applicable laws or regulations

13. Program Modifications

Convesio reserves the right to:

• Modify these Affiliate Terms at any time
• Change commission structures or eligibility criteria
• Suspend or terminate the Program

Continued participation constitutes acceptance of any updated terms.

14. Governing Law

These Affiliate Terms shall be governed by and construed in accordance with the laws specified in Convesio’s Terms of Service, without regard to conflict of law principles.

15. Miscellaneous

• These Affiliate Terms constitute the entire agreement regarding the Program
• No waiver shall be deemed a continuing waiver
• If any provision is found unenforceable, the remaining provisions shall remain in effect