Affiliate Program Terms and Conditions

Welcome to the Listing Upgrade Affiliate Program ("Program"). These Affiliate Program Terms and Conditions ("Affiliate Terms") govern your participation in the Program.

By enrolling in the Program, you agree to be bound by these Affiliate Terms, as well as our Terms of Service and Privacy Policy.

2.1 Eligibility: To participate in the Program, you must have an active Listing Upgrade account in good standing. We reserve the right to reject any application at our sole discretion.

2.2 Referral Code: Upon enrollment, you will receive a unique referral code. This code is personal to you and may not be shared, transferred, or sold to others.

2.3 Account Responsibility: You are responsible for the security of your referral code and all activities conducted through it. You agree to notify us immediately of any unauthorized use.

2.4 Compliance and FTC Disclosure: You agree to comply with all applicable laws and regulations in promoting Listing Upgrade, including:

• FTC Disclosure (US): You must clearly and conspicuously disclose your affiliate relationship and commission arrangement in all promotional materials, in compliance with FTC Guides Concerning Use of Endorsements and Testimonials (16 CFR Part 255). The disclosure must be placed where consumers can easily see it before clicking your referral link (e.g., "I may earn a commission if you purchase through my link").

• UWG Disclosure (Germany): German law (Gesetz gegen den unlauteren Wettbewerb) requires clear identification of commercial content. You must mark affiliate promotions as advertising ("Werbung" or "Anzeige").

• Other applicable advertising and consumer protection laws in your jurisdiction.

3.1 Commission Rates: You will earn a commission on qualifying purchases made by users who sign up using your referral code. Commission rates are variable and displayed in your affiliate dashboard. We reserve the right to change commission rates at any time with notice.

3.2 Commission Calculation Basis: Commissions are calculated on the net revenue received by Listing Upgrade, not the total amount charged to customers. Specifically:

• Web Purchases: Commission is calculated on the pre-tax subtotal, excluding any sales tax or VAT collected.

• In-App Purchases: Commission is calculated on the net revenue retained by Listing Upgrade after applicable platform fees.

3.3 Qualifying Purchases: Only credit package purchases made by referred users qualify for commissions. Promotional credits, free credits, and refunded transactions do not qualify.

3.4 Attribution Period: You will earn commissions on purchases made by referred users for a limited period after their initial signup. This attribution period is displayed in your affiliate dashboard and is subject to change.

3.5 Pending Period: Commissions enter a pending status immediately upon qualifying purchase. They remain pending for a specified period (displayed in dashboard) to account for potential refunds or disputes.

3.6 Confirmed Commissions: After the pending period, commissions are confirmed and become available for payout, subject to meeting the minimum payout threshold.

3.7 Chargebacks and Refunds: If a referred user's payment is charged back, refunded, or reversed after commission has been paid to you, we reserve the right to deduct the corresponding commission amount from your future earnings or request repayment. For partial refunds, commission adjustments are calculated proportionally based on the refunded portion of the original qualifying purchase. Repeated chargebacks from your referrals may result in termination from the Program.

3.8 Self-Referrals: You may not use your own referral code to earn commissions on your own purchases. Self-referrals are prohibited and will result in commission forfeiture and potential account termination.

3.9 Fraudulent Activity: We reserve the right to withhold or revoke commissions earned through fraudulent, deceptive, or abusive means, including but not limited to fake accounts, incentivized signups, or misleading advertising.

4.1 Payment Method: Commissions are paid via bank transfer. You must provide valid bank account details to receive payments. If you have pending commissions and have not yet provided banking details, you must submit them within 60 days of our email notification. Failure to provide valid banking information within this timeframe will result in forfeiture of unpaid commissions.

4.2 Minimum Payout Threshold: Commissions must reach a minimum threshold (displayed in your affiliate dashboard) before payout is issued. If your confirmed balance is below this threshold, it will carry over to the next period.

4.3 Payment Schedule: Payouts are processed on a monthly basis, typically within 30 days of the end of each calendar month, provided you have met the minimum threshold.

4.4 Payment Fees: Your bank may charge fees for receiving international transfers. You are responsible for any such fees imposed by your bank.

4.5 Tax Responsibility and Reporting: You are solely responsible for any taxes owed on affiliate commissions. We do not withhold taxes from affiliate payments. Tax reporting requirements:

• US Affiliates: If you are a U.S. person and earn $600 or more in a calendar year, we will issue Form 1099-MISC to you and the IRS. You may be required to provide a completed W-9 form.

• Non-US Affiliates: You may be asked to provide tax identification information or complete applicable tax forms (e.g., W-8BEN). Consult a tax professional regarding your obligations.

4.6 Currency: All commissions are calculated and paid in USD, regardless of the currency the customer paid in. When a customer pays in a currency other than USD, the commission is calculated based on the USD equivalent amount received after currency conversion by our payment processor (at the time of settlement). This ensures consistent commission calculations and eliminates exchange rate fluctuation risk for affiliates.

4.7 Payment Disputes: If you believe there is an error in your commission calculation or payment, you must notify us within 30 days of the payment date. We will investigate and resolve legitimate discrepancies.

As an affiliate, you agree NOT to engage in the following activities:

• Spam: Sending unsolicited emails, messages, or communications promoting your referral code

• Misleading Claims: Making false, misleading, or exaggerated claims about Listing Upgrade or its features

• Brand Bidding: Bidding on trademarked terms (e.g., "Listing Upgrade") in paid search advertising without prior written permission

• Trademark Misuse: Using Listing Upgrade's name, logo, or trademarks in a way that suggests official endorsement or partnership without permission

• Incentivized Signups: Offering cash, credits, or other incentives to users for signing up with your referral code (unless explicitly authorized by us)

• Cookie Stuffing: Using deceptive techniques to set referral cookies without user consent or knowledge

• Self-Dealing: Creating multiple accounts or using fake identities to generate fraudulent referrals

• Adult/Illegal Content: Promoting your referral code on websites featuring adult content, illegal activities, or content that violates our values

Violation of these prohibitions may result in immediate termination from the Program, forfeiture of unpaid commissions, and potential legal action.

6.1 Your Right to Terminate: You may leave the Program at any time by notifying us. Upon termination, your referral code will be deactivated. You will receive payment for confirmed commissions above the minimum threshold.

6.2 Our Right to Terminate: We reserve the right to terminate your participation in the Program at any time, with or without cause, including but not limited to:

• Violation of these Affiliate Terms

• Fraudulent or deceptive activity

• Inactivity for an extended period

• Termination of your Listing Upgrade account

6.3 Effect of Termination: Upon termination, your referral code will be deactivated, and you will no longer earn commissions on new referrals. We will pay out confirmed commissions above the minimum threshold. Pending commissions may be forfeited at our discretion, especially in cases of termination for cause.

6.4 Survival: Sections of these Affiliate Terms that by their nature should survive termination (including payment obligations, confidentiality, and liability limitations) shall survive.

We reserve the right to modify, suspend, or discontinue the Affiliate Program at any time, with or without notice. This includes the right to:

• Change commission rates

• Modify the attribution period

• Change minimum payout thresholds

• Alter payment schedules

• Update these Affiliate Terms

We will make reasonable efforts to notify active affiliates of material changes via email or dashboard notification. Your continued participation in the Program after such changes constitutes acceptance of the modified terms.

TO THE FULLEST EXTENT PERMITTED BY LAW, LISTING UPGRADE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO:

• Loss of commissions or revenue

• Changes to commission rates or program terms

• Suspension or termination from the Program

• Technical errors affecting tracking or payments

• Third-party conduct (including referred users)

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

The Affiliate Program is provided "as is" without warranties of any kind. We do not guarantee any specific level of earnings or referrals.

If you have questions about the Affiliate Program or these Affiliate Terms, please contact us:

Email: support@listingupgrade.com

Subject Line: Include "Affiliate Program" in your email subject for faster routing.