This Affiliate Program Agreement (“Agreement”) is entered into by and between you (“Affiliate”, “you”, or “your”) and SmileFy, Inc. (“SmileFy”, “we”, “us”, or “our”). This Agreement outlines the terms and conditions applicable to your participation in the SmileFy Affiliate Program (“Program”).

By applying for or participating in the Program, you agree to be bound by this Agreement, our Program Policies, and any additional terms we may provide via our affiliate platform (“Affiliate Portal”).

We may revise this Agreement from time to time. We will notify you of significant changes through email or the Affiliate Portal. Continued participation after notice of changes constitutes acceptance.

1. Definitions

• Affiliate Link: A unique referral URL assigned to you via the Affiliate Portal.
  
  

• Affiliate Lead: A prospective SmileFy customer who clicks your Affiliate Link and initiates a sign-up or purchase.
  
  

• Customer Transaction: A qualified purchase made by an Affiliate Lead.
  
  

• Commission: The monetary reward earned for eligible Customer Transactions as outlined in the Program Policies.
  
  

• Program Policies: Rules and documentation governing affiliate activities, eligibility, payments, and promotional standards, found in the Affiliate Portal.
  
  

• Subscription Services: SmileFy’s suite of dental treatment planning and AI-powered smile design products accessible via our platform.
  
  

2. Non-Exclusivity

Your participation in this Program is non-exclusive. SmileFy may engage with other affiliates or partners and may sell services directly to customers without restriction.

3. Affiliate Enrollment & Eligibility

To join the Program, you must submit a complete application. SmileFy reserves the right to accept or reject any application at its sole discretion.

Upon acceptance, you must complete onboarding steps in the Affiliate Portal (including tax forms and payment method setup) to remain eligible.

4. Commissions & Payments

4.1 Commission Eligibility

You are eligible for 20% commissions if:

• A Customer completes a qualifying purchase through your Affiliate Link.
  
  

• The Customer is NEW to SmileFy and are not already an active customer.
  
  

• You have complied with all terms and are in good standing.
  
  

4.2 Commission Terms

• Commissions are paid only on the initial qualifying purchase.
  
  

• No commissions are paid on:
  
  

  • Refunds or chargebacks
    
    

  • Self-referrals
    
    

  • SmileFy services purchased by participants in other SmileFy Partner Programs

  • Renewals for the existing customer subscription
    
    

  • Transactions marked fraudulent or obtained through manipulation
    
    

4.3 Payout Process

• Commissions are processed monthly, following a 30-day lock period.
  
  

• Payouts are made via bank transfer, Wise, Zelle, or other agreed payment option.
  
  

• You must provide accurate tax information and payment details via the Affiliate Portal.
  
  

• Unclaimed commissions for more than six (6) months are forfeited.
  
  

5. Affiliate Responsibilities

You agree to:

• Promote SmileFy truthfully, professionally, and in compliance with all applicable laws.
  
  

• Clearly disclose your affiliate relationship in promotional content (e.g., “As an affiliate, I may earn a commission if you purchase through this link”).
  
  

• Avoid misleading claims, spam, false advertising, or incentivized clicks.
  
  

• Refrain from bidding on SmileFy-branded keywords in search engine ads or misusing SmileFy intellectual property.
  
  

6. Trademark & Brand Use

We grant you a limited, non-transferable license to use SmileFy’s brand assets as provided in the Affiliate Portal, solely for promoting the Program.

You agree:

• Not to modify SmileFy logos or assets
  
  

• Not to imply endorsement or partnership beyond what’s granted
  
  

• To remove any brand usage upon request or termination
  
  

7. Confidentiality

You may gain access to confidential SmileFy information. You agree to:

• Use such information only to fulfill your obligations under this Agreement
  
  

• Not disclose it to third parties
  
  

• Take reasonable measures to protect it
  
  

Confidentiality obligations remain in effect even after termination of this Agreement.

8. Term and Termination

• This Agreement remains effective until terminated by either party.
  
  

• Either party may terminate with 15 days’ notice for any reason.
  
  

• SmileFy may terminate immediately for cause (e.g., policy violations, misconduct, fraud).
  
  

• Upon termination:
  
  

  • You must stop using SmileFy branding and affiliate links
    
    

  • Outstanding eligible commissions may be paid if earned prior to termination (except in cases of fraud or breach)
    
    

9. Code of Conduct

As a SmileFy Affiliate, you agree to uphold the following standards:

• Act honestly and ethically in all promotional activities
  
  

• Do not use hate speech, discriminatory content, or unethical tactics
  
  

• Respect patient privacy and SmileFy’s confidentiality
  
  

• Maintain transparency with your audience
  
  

• Represent SmileFy accurately and professionally
  
  

Violation of this Code of Conduct may result in termination and forfeiture of commissions.

10. Limitations of Liability

SmileFy makes no guarantees regarding earnings or system availability.

To the fullest extent allowed by law:

• SmileFy disclaims all warranties, express or implied
  
  

• SmileFy will not be liable for indirect or consequential damages
  
  

• Our total liability is limited to the total commissions paid to you in the past 12 months
  
  

11. Indemnification

You agree to indemnify and hold SmileFy and its affiliates harmless from any claims, losses, or liabilities arising out of your breach of this Agreement, misuse of the Affiliate Program, or violation of laws or regulations.

12. Data Protection

Both parties agree to comply with applicable data protection laws. If handling personal data, each party acts as an independent data controller. SmileFy will process any personal data in accordance with its Privacy Policy.

13. General Terms

• Entire Agreement: This Agreement and Program Policies constitute the full understanding between you and SmileFy.
  
  

• Amendments: SmileFy may update this Agreement; continued participation indicates your acceptance.
  
  

• Assignment: You may not assign this Agreement without written consent.
  
  

• Governing Law: This Agreement is governed by the laws of [Insert Jurisdiction, e.g., California, USA].
  
  

• Notices: Official notices may be sent to the email you provided during signup.
  
  

• Severability: If any part is deemed unenforceable, the rest remains in effect.
  
  

14. Contact Information

If you have questions, please contact:
SmileFy Affiliate Program Team
[email protected]

By joining the SmileFy Affiliate Program, you confirm that you have read, understood, and agree to the terms of this Agreement and our Code of Conduct.