Legal · version 2026-11-03-draft
Peervyce Affiliate (Publisher) Agreement
DRAFT TEMPLATE — NOT LEGAL ADVICE. This document was written as a starting point for Peervyce and has not been reviewed by a lawyer. Replace every bracketed placeholder (for example [ENTITY NAME] and [ADDRESS]) and have a lawyer licensed in Massachusetts review it before you rely on it or publish it as final.
Effective date: [EFFECTIVE DATE]
This Affiliate Agreement is between [ENTITY NAME] ("Peervyce") and the person or business that opens an Affiliate account ("Affiliate", "you"). It supplements the Terms of Service, which it incorporates.
1. Joining programs
- You may apply to any Program in the marketplace. Merchants decide whether to approve you, and may remove you from their Program at any time; commissions on valid sales from clicks before removal remain payable.
- Once approved you receive a unique tracking link. Use only the links and creatives we or the Merchant provide, and don't alter the tracking parameters.
- You must follow each Program's stated rules in addition to this agreement.
2. Advertising disclosures (FTC)
- Whenever you promote a Merchant through a tracking link, you must clearly and conspicuously disclose your financial relationship, as required by the FTC Act and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
- The disclosure must be close to the recommendation or link, easy to notice and understand, in the same language as the content, and present on every platform and format where the link or endorsement appears (including video, audio, livestreams, and social posts). Plain wording such as "I earn a commission if you buy through my links" works; a disclosure hidden only in a footer, an "about" page, or behind a "more" click is not enough.
- Only make honest claims based on your real opinions or experience. Do not make health, earnings, or product claims the Merchant cannot substantiate, and do not post fake reviews or testimonials. See the FTC's guidance at ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews.
- You are responsible for your own compliance with similar rules outside the U.S. (for example, UK ASA/CAP and EU consumer law).
3. Prohibited traffic and fraud
You may not generate clicks, leads, or sales by any of the following, and commissions from them are not earned:
- Bots, scripts, click farms, automated or incentivised clicks, or paying or rewarding people to click or buy, unless the Merchant's Program rules expressly allow incentives and the incentive is disclosed.
- Cookie stuffing, forced clicks, hidden iframes or pixels, pop-unders, auto-redirects, or any method that sets a tracking cookie without a genuine, intentional click by the visitor.
- Self-referrals: buying through your own link, or having family members, employees, or accounts you control do so, unless the Program allows it.
- Spam: unsolicited email, SMS, or messaging that breaks CAN-SPAM, the TCPA, or similar laws; comment or forum spam.
- Adware, browser extensions, toolbars, or software that inject links, overwrite other affiliates' cookies, or display ads without clear user consent.
- Bidding on a Merchant's brand name or trademarks in paid search, typosquatting, or impersonating the Merchant, unless the Program rules allow it.
- Using stolen payment cards, fake orders, or orders you know will be cancelled or returned.
- Misleading content, malware, illegal content, or content prohibited by the Acceptable Use Policy.
- Masking or faking traffic sources, IP addresses, user agents, or referrers, or using datacenter/proxy traffic to simulate real visitors.
Peervyce runs automated fraud screening (including bot, datacenter, click-flood, and self-referral checks). Flagged sales are held for review. We may ask you for information about your traffic sources and you must answer truthfully within 10 days.
4. Commissions, holding period and reversals
- You earn the commission shown for a Program when a sale is attributed to your link within the cookie window, recorded by the Merchant, and survives the holding period.
- Each sale is pending during the Program's holding period (shown on the Program; default 30 days). During it, the Merchant may reverse the sale for a return, cancellation, chargeback, non-payment, or a breach of this agreement or the Program rules, and we may reverse it for suspected fraud.
- After the holding period, a sale becomes payable. We may still reverse a payable but unpaid sale, and recover (by offset against future commissions or by invoice) a paid commission, if we later find it came from fraud, prohibited traffic, or a breach of this agreement.
- A sale only becomes payable if the Merchant's prepaid balance covers it. We are not responsible for commissions a Merchant fails to fund, but we will tell you if this happens and pursue the Merchant on a reasonable-efforts basis.
5. Payouts via Stripe Connect
- Payouts are made through Stripe Connect. To be paid you must complete Stripe's onboarding (identity verification and bank details) and accept the Stripe Connected Account Agreement. Stripe, not Peervyce, holds and transfers funds once paid out to your connected account.
- Payouts run on the Platform's payout schedule once your payable balance reaches the minimum threshold shown on the Platform (currently $50). Balances below the threshold roll over.
- We may delay a payout while a fraud review or dispute is open, or if Stripe restricts your account.
- If your account is closed for a breach, unpaid commissions related to the breach are forfeited. Valid, payable commissions otherwise remain payable once you meet Stripe's requirements.
6. Tax forms
- You are an independent contractor, responsible for your own taxes.
- Stripe collects tax information on our behalf during onboarding: generally a Form W-9 (U.S. persons) or Form W-8BEN / W-8BEN-E (non-U.S. persons). We may withhold payouts until valid tax information is provided, and apply backup withholding when required by law.
- If your payments in a calendar year meet the IRS reporting threshold, we (or Stripe on our behalf) will issue a Form 1099 (for example, 1099-NEC) and file it with the IRS and applicable states. You consent to receive tax forms electronically.
7. Licence and content
- You may use Merchant names, logos, and creatives only to promote that Merchant's Program, only while approved, and only as the Merchant allows. You get no other rights in Merchant trademarks.
- Your website, channels, and content must be your own or properly licensed, and must not infringe anyone's rights.
8. Term and termination
You may leave a Program or close your account at any time. We or a Merchant may end your participation as described above and in the Terms. Sections 3–6 survive.
9. Liability and disputes
The Terms' disclaimers, limitation of liability, indemnification (including for claims arising from your content, traffic, and disclosures), arbitration, and Massachusetts governing-law provisions apply to this agreement.