Last updated: September 26, 2026

These Affiliate Program Terms (the "Affiliate Terms") govern your participation in the Smailor affiliate and referral program. They are made between Victor ANDRE EI, operating Smailor ("Smailor", "we", "us"), and the person or organization taking part ("Affiliate", "you").

They supplement the Terms of Service, Acceptable Use Policy, and Privacy Policy. For the subject of affiliate participation, these Affiliate Terms control.

By generating a referral link or accepting a commission, you agree to these Affiliate Terms.

1. Who may take part

You must hold a Smailor account, be at least 18 years old, and be legally capable of entering into contracts. You must give accurate identity, tax, and payout information and keep it current. We may refuse or end participation at our discretion, including where we cannot verify you or where payout, sanctions, or fraud checks fail.

Participation does not make you an employee, agent, partner, or representative of Smailor. You have no authority to make commitments, give guarantees, quote prices, negotiate terms, sign anything, or speak on our behalf.

2. How attribution works

You receive a personal referral code and link.
When someone arrives through your link, we store a first-party smailor_ref cookie, currently with a 60-day lifetime, and read it when they register.
A referral is recorded against you if that person creates an account while the attribution is still valid. Last touch wins: if another affiliate's link is used more recently, the referral goes to them.
A recorded referral entitles you to commission on qualifying payments made by that customer for 12 months from the referral being recorded.
Attribution depends on the visitor's browser accepting the cookie and on them registering on the same device and browser. We do not reconstruct attribution manually, and a referral that was not recorded cannot be added retroactively.

3. Commission

The standard commission is 30% of each qualifying payment we collect from a customer you referred, within the 12-month window, unless your dashboard states a different rate for you.
"Qualifying payment" means a subscription payment we actually receive and keep. It excludes taxes we collect and remit, payment-provider fees where we state so, marketplace amounts owed to a seller, credits and discounts, and any amount refunded, reversed, or charged back.
Commission accrues as pending, is approved after the risk and refund period, and only then becomes payable. Balances shown in your dashboard are accounting records, not deposits or guaranteed funds, and no interest accrues on them.
If a payment is later refunded, reversed, or charged back, the related commission is cancelled or deducted from your balance. If your balance is insufficient, the amount may be offset against future commission.
We may change the standard rate, the attribution window, the commission window, or the structure of the program for future referrals, with reasonable notice. A change does not retroactively alter commission already approved.

4. Payout

You choose a payout method in your dashboard: account credit (the default) or bank transfer, where available.
You are responsible for the accuracy of your payout details. We are not liable for delays or losses caused by incorrect details, banking networks, payment providers, or legally required checks.
We may withhold or delay a payout pending verification, where fraud or breach is reasonably suspected, where a refund or chargeback risk exists, or where law, sanctions screening, or a payment provider requires it. We will tell you why and give you a reasonable chance to respond, unless immediate action is required.
Payout thresholds, currency, and processing schedules are as displayed in the dashboard and may change.

5. Taxes

You are solely responsible for determining, declaring, and paying all taxes, social contributions, and duties on commission you receive, and for any registration or invoicing obligation in your country. Commission is stated exclusive of tax unless we say otherwise. We may collect tax information from you, issue or require invoices, and withhold amounts where the law requires. If you should have charged VAT or an equivalent tax and did not, that is your liability, not ours.

6. How you may promote Smailor

You may promote Smailor through your own content, website, newsletter to your own opted-in audience, social accounts, and communities where promotion is welcome. You must:

disclose that your link is a referral or affiliate link, clearly and close to the link, as consumer-protection and advertising rules require;
describe Smailor accurately — only features, plans, prices, and limits that are current and real;
make clear that you are independent and speak for yourself, not for Smailor; and
comply with the platform rules of anywhere you post, and with the marketing law of your audience's country.

7. What you may not do

You may not:

self-refer, or refer an account you own, control, or are a team member of, or arrange reciprocal referrals to farm commission;
create or encourage multiple or fake accounts, use stolen or synthetic identities, or generate referrals or payments you intend to reverse;
stuff cookies, inject referral parameters, use forced clicks, iframes, redirects, toolbars, browser extensions, or any method that sets attribution without a genuine, informed click;
promote through spam — unsolicited bulk email, DMs, comment spam, forum spam, or messaging people who have not consented where consent is required;
bid on our brand terms (including "Smailor" and close variants and misspellings) in paid search, or run ads that appear to originate from Smailor;
register or use domains, social handles, app names, or profiles that include our brand or imitate us, or present yourself as Smailor, its support, or an official partner or reseller;
publish misleading claims, fake reviews, invented testimonials, fabricated benchmarks, unauthorised price or discount claims, or guarantees we have not given;
offer unauthorised cash-back, rebates, or incentives for signing up through your link, or resell the commission;
promote Smailor alongside content prohibited by the Acceptable Use Policy, or on sites containing illegal, adult, hateful, or deceptive material;
use paid advertising that breaches a platform's rules, or scrape our site or use our content beyond what Section 8 allows; or
collect personal data from people you refer under the impression they are dealing with Smailor.

Consequence. We may withhold, reverse, cancel, or forfeit commission connected with any breach, remove your participation, and suspend or terminate your Smailor account. Where a breach caused us loss — including refunds, provider fees, chargebacks, or regulatory cost — that amount is recoverable from you, and we may offset it against your balance. We may also report conduct to the relevant authority or platform.

8. Use of our brand

We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Smailor name and the logos and assets we make available, solely to promote Smailor under these Affiliate Terms, unmodified, and without implying endorsement, partnership, or a relationship beyond affiliate participation. All goodwill accrues to us. We may require you to change or remove any use of our brand, and the licence ends when your participation ends.

9. Data protection

Smailor and you each act as independent controllers for the personal data you each hold. We do not give you personal data about the people you refer: your dashboard shows aggregate and pseudonymised figures, not customers' identities or contact details. You must not attempt to identify them, contact them as though on our behalf, or claim access to their account data.

Where you build your own audience list, that is your processing: you need your own lawful basis, notices, and consent. Our handling of your affiliate and payout data, including bank details, is described in the Privacy Policy.

10. Monitoring

We may use automated and manual checks to detect referral fraud, cookie stuffing, self-referral, brand bidding, and prohibited promotion, and may review traffic sources, conversion patterns, account relationships, and payment behaviour for that purpose. We may preserve records and pause a balance while a matter is investigated.

11. No guarantees

The program is provided as is. We do not guarantee any level of earnings, conversion, traffic, attribution accuracy, program continuity, cookie survival in any browser, or that a given referral will be recorded. Nothing in the program is an investment, a franchise, a business opportunity, or a promise of income.

To the fullest extent permitted by law, our total aggregate liability in connection with the program in any twelve-month period is limited to the commission approved and payable to you in that period. We are not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profit, goodwill, or opportunity. Nothing excludes liability that cannot legally be excluded.

12. Indemnity

To the extent permitted by law, you will defend and indemnify us against third-party claims, losses, and reasonable costs arising from your promotional content and channels, your breach of these Affiliate Terms or of advertising, consumer-protection, or data-protection law, your tax obligations, or any statement you made about Smailor that we did not authorise.

13. Term, termination, and changes

Participation starts when you generate a referral link and continues until either party ends it. You may stop at any time. We may suspend or terminate your participation, or the program as a whole, at any time — immediately for breach, fraud, legal or provider requirement, or risk to our brand, and otherwise with reasonable notice.

On termination: your links stop earning, pending commission is forfeited unless we say otherwise, and approved commission already earned remains payable except where it is connected to a breach, fraud, or an unresolved chargeback risk. Sections on taxes, data protection, liability, indemnity, and governing law survive.

We may update these Affiliate Terms for legal, security, operational, or commercial reasons. We will post the updated version and, for a material change, give reasonable advance notice where practicable. Continued participation after the effective date is acceptance.

14. Governing law and disputes

These Affiliate Terms are governed by French law. Mandatory protections and jurisdiction rules that cannot be waived remain unaffected. Before starting a formal claim, contact [email protected] and allow a reasonable opportunity to resolve the matter informally.

15. General

These Affiliate Terms and the documents they incorporate are the complete agreement on affiliate participation. You may not assign them without our written consent. If a provision is unenforceable, the rest continues. A delay in enforcement is not a waiver. Notices may be sent to your account email. The English version controls unless mandatory law requires otherwise. Our legal identity and contact details are in the Legal Notice.