Legal · version 2026-11-03-draft

Peervyce Merchant 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 Merchant Agreement is between [ENTITY NAME] ("Peervyce") and the business that opens a Merchant account ("Merchant", "you"). It supplements the Terms of Service, which it incorporates. Capitalised terms not defined here have the meaning given in the Terms.

1. Programs

• You may create one or more affiliate programs ("Programs"), each with a landing URL, description, category, commission (a percentage of the sale or a flat amount per sale), cookie window (1–365 days), and holding period (0–180 days).
• You decide which Affiliates to approve, unless you turn on instant approval. You may set additional Program rules (for example, banning coupon sites or trademark bidding) if they are stated in the Program description before an Affiliate joins. Rules added later apply only to traffic after the change.
• You are responsible for the accuracy of your Program terms, products, prices, and claims, and for fulfilling, supporting, and refunding your own customers' orders.

2. Tracking integration

• You will install the tracking snippet and/or server-to-server postback as instructed on the Platform and keep it working. You must report every sale that results from a tracked click within the cookie window, with an accurate order ID and sale amount.
• Deliberately suppressing, altering, or under-reporting conversions ("shaving") is a material breach. We may audit your reports against reasonable evidence, and you will cooperate with reasonable requests.
• You must obtain any consent your own website legally needs for the tracking snippet (for example, under EU/UK cookie rules or state privacy laws) and disclose affiliate tracking in your own privacy notice.

3. Fees and prepaid balance

• For each attributed sale, you owe the Affiliate commission plus Peervyce's network fee, which is 20% of the commission unless the Platform shows a different rate when the sale is recorded ("Network Fee"). Example: on a $20.00 commission you pay $24.00.
• You fund commissions in advance by topping up a prepaid balance by card through Stripe. Card processing fees are shown at checkout. If your balance cannot cover payable sales, your Programs are paused until you top up, and the uncovered sales remain owed.
• Unused prepaid balance is refundable on request when you close your account, less amounts owed for sales recorded before closure (including sales still in their holding period) and any non-refundable processing fees. Balances are not interest-bearing and are not deposits held in trust.
• Fees exclude taxes. You are responsible for sales, use, and similar taxes on your own products.

4. Holding period and reversals

• Each sale stays pending for the Program's holding period. During it you may reverse a sale only for a genuine return, cancellation, chargeback, non-payment, or a violation of the Affiliate Agreement or your stated Program rules, and you must give a reason.
• After the holding period, a sale becomes payable and can no longer be reversed by you. If you later discover fraud, contact us; we may reverse a payable (not yet paid) sale after review.
• Sales flagged by our fraud screening stay pending until we clear or reverse them.

5. Creatives and trademark licence

You grant approved Affiliates, for the duration of their participation, a non-exclusive, revocable, royalty-free licence to use your name, logos, product images, and creatives you provide, only to promote your Program in line with your rules and the law. You confirm you own or are licensed to grant these rights, and that your materials do not infringe anyone's rights.

6. Compliance

You will comply with all laws applying to your products and marketing, including the FTC Act and FTC rules and guides on advertising and endorsements, state consumer-protection laws, CAN-SPAM, privacy and data-security laws, product-safety and labelling rules, and tax laws. You will not run Programs for products or services listed as prohibited in the Acceptable Use Policy.

7. Data

Conversion data you send (order ID, amount, timestamps) is used to attribute sales, prevent fraud, and pay commissions. Do not send customer names, emails, payment details, or other personal information in postbacks unless the Platform specifically asks for it. Each party is responsible for its own compliance with privacy laws for the data it controls.

8. Term and termination

This agreement lasts until your account closes. You may pause or end a Program at any time; sales from clicks made before the end date, within the cookie window, are still owed. Either party may terminate for convenience on 30 days' notice, or immediately for material breach not cured within 10 days of notice (or immediately for fraud).

9. Liability and disputes

The Terms' disclaimers, limitation of liability, indemnification (including for claims about your products, advertising, and data), arbitration, and Massachusetts governing-law provisions apply to this agreement.