Affiliate Program Agreement

1. INTRODUCTION, ACCEPTANCE OF TERMS, AND STATUS OF THE AGREEMENT

1.1. Subject of the Agreement. This Affiliate Agreement ("Agreement") governs the rights, obligations, and terms of your participation in the Affiliate (referral) program ("Affiliate Program") offered through our websites, including the main domain SmmPanelUS.com and all its associated subdomains (collectively, the "Sites"), except blog.smmpanelus.com and its associated subdomains, which are governed by their own separate policies, as well as all provided services ("Service"), operated by TokenSMM LLP ("Company", "we"). This Program is a performance-based marketing initiative where you act on your own initiative and at your own risk.

1.2. Unconditional Acceptance. By participating in the Affiliate Program, which is expressed by any action of distributing your unique affiliate link ("Affiliate Link") or receiving a reward, you ("Affiliate", "you") confirm that you have read, fully understood, and unconditionally agree to all terms of this Agreement. You also confirm that you have the full legal capacity to enter into this Agreement. If you do not agree with at least one of the provisions, you must immediately cease all participation in the Affiliate Program.

1.3. Integration with Core Documents and Hierarchy of Rules. This Agreement is a supplement to our main Terms of Service and Acceptable Use Policy (AUP). In the event of any conflict between this Agreement and the Terms of Service, the provisions of the Terms of Service shall prevail. All provisions of the AUP fully apply to your activities as an Affiliate, including the content you create to promote the Service. If an action is permitted by this Agreement but prohibited by the AUP, it is considered prohibited.

2. PARTICIPATION IN THE PROGRAM AND AFFILIATE STATUS

2.1. How to Join. Every registered User of the Service automatically gains access to the Affiliate Program functionality and their unique Affiliate Link in their personal Account. The link contains your unique identifier. When a user clicks on your link, a cookie is placed in their browser, the duration of which is determined by the technical parameters specified on the Affiliate Program page. Your active participation in the Program begins the moment you start using or distributing your Affiliate Link to attract new users.

2.2. Independent Contractor Status. Your participation in the Affiliate Program does not create any employment, agency, fiduciary, franchise, or other relationship between you and the Company, other than that of independent contractors. You are not an employee of the Company and have no authority to make any statements or assume any obligations on behalf of the Company. You are fully responsible for your own business decisions, expenses, tools, and promotion methods. You are not entitled to any benefits provided to Company employees, including, but not limited to, health insurance, pension contributions, or paid leave.

3. AFFILIATE'S OBLIGATIONS AND RULES OF CONDUCT

As an Affiliate, you undertake to act in good faith, ethically, and in strict accordance with the rules. Any breach of this section will result in the immediate termination of your participation in the Affiliate Program, the cancellation of all accrued rewards, and the possible suspension of your main Account in the Service.

3.1. Strictly Prohibited Promotion Methods:

• Spam: Any form of unsolicited commercial communication. This includes, but is not limited to: mass emailing, messaging on messengers (Telegram, WhatsApp, etc.), social networks, automated commenting on forums, blogs, or under videos containing your Affiliate Link.
• Misleading Representations: Creating a false or exaggerated impression of our Service among potential users. It is prohibited to:
  • Make false claims about prices, functionality, speed, or guaranteed results (e.g., "guaranteed top ranking").
  • Represent yourself as an employee, official representative, exclusive partner, or an affiliated entity of the Company.
  • Create websites or social media pages whose design imitates our official Sites (including SmmPanelUS.com and its subdomains) with the intent to deceive users.
• Brand Bidding in PPC Advertising: Using paid advertising systems (e.g., Google Ads, Yandex.Direct, Bing Ads) to display ads for keywords containing our brand ("SmmPanelUS", "TokenSMM" and any variations, including misspellings or in other languages). All branded traffic must go directly to our Site.
• Placement on Prohibited Resources: Publishing the Affiliate Link on websites or in materials that violate our Acceptable Use Policy (AUP), including sites with pirated content, adult material, hate speech, fraudulent schemes, etc.
• Self-referrals: Registering accounts through your own Affiliate Link, as well as registering accounts for family members, employees, or affiliated entities to earn rewards on your own or controlled balance top-ups.
• Technical Fraud: Using cookie-stuffing, iframes, pop-ups, malicious scripts, and any other fraudulent technologies to attribute referrals and artificially inflate metrics unfairly.

3.2. Affiliate's Legal Obligations:

• Mandatory Disclosure: In accordance with advertising laws in many countries (e.g., FTC requirements in the USA), you are obliged to clearly and unambiguously inform your audience that the links you use are affiliate links and that you receive a financial reward for referred users. This disclosure must be placed in proximity to the link and be easily noticeable.
• Compliance with Advertising Laws: You are solely and fully responsible for complying with all applicable laws, rules, and regulations governing advertising activities in your jurisdiction and in the jurisdictions of your target audience.
• Content Responsibility: You are fully responsible for all content that you create and distribute as part of promoting the Service.

4. REWARDS AND PAYOUTS

4.1. Earning Commission: You earn a commission on every balance top-up by a user who came through your link—not just the first one, but all subsequent ones as well. The current commission rate is available on our affiliate program page at all times.

4.2. Tracking and Finality of Data: All earnings and statistics are based solely on the data from our internal tracking system. Our data is final, indisputable, and takes precedence over any data from third-party tracking systems you may use.

4.3. Use and Withdrawal of Funds:

• Crediting to Balance: The earned reward is credited to your main Balance in the Service.
• Use for Services: You can use the funds from your Balance, including affiliate rewards, to pay for any services within the Service without restriction.
• Withdrawal of Funds: You can request a withdrawal of your affiliate rewards. The minimum withdrawal amount and available payment methods are specified on the Affiliate Program page. We reserve the right to modify these conditions at any time.

4.4. Payout Timing and Processing. We process properly submitted and approved requests for the withdrawal of affiliate rewards.

• Request Review: Each request undergoes a mandatory check for fraud and compliance with the rules, which may take up to 5 working days.
• Processing Time: After the request is approved, the payment will be initiated from our side within a period of up to 14 (fourteen) working days. Working days do not include weekends (Saturday, Sunday) and official UK public holidays.
• Delays: We are not responsible for delays caused by payment systems or by incorrect payment details provided by you.

4.5. Right to Reclaim Commissions (Clawback). If a balance top-up made by a referred user is later disputed, reversed, or refunded through a chargeback procedure or for other reasons related to fraud, we reserve the right to cancel the corresponding affiliate commission immediately. If the Commission for such a transaction has already been paid to the Affiliate, we have the right to deduct this amount from future commissions or debit it from the Affiliate's main Balance.

4.6. Unclaimed Rewards. Affiliate rewards credited to the Account balance are subject to the rules for managing inactive accounts as set out in section 3.3 of our Terms of Service. If an Affiliate's Account becomes inactive, we reserve the right to cancel unclaimed rewards in accordance with the established procedure.

5. TAX AND LEGAL OBLIGATIONS

5.1. Tax Responsibility. You act as an independent contractor. You are solely and fully responsible for declaring and paying all applicable taxes (including income tax, value-added tax, social security contributions, and other fees) on the rewards you receive, in strict accordance with the laws of your jurisdiction. We are not your tax agent, do not make any tax deductions, and do not provide tax advice.

5.2. Legal Responsibility. You are fully responsible for complying with all laws and regulations applicable to your activities as an Affiliate. We bear no liability for any of your actions that violate laws on advertising, data protection, consumer rights, or any other legislation.

6. TERM AND TERMINATION

6.1. Term. This Agreement becomes effective from the moment you first use the Affiliate Link and remains in effect until terminated by either party.

6.2. Termination by You. You may terminate your participation in the Program at any time by simply ceasing to use your Affiliate Link and withdrawing the available Balance.

6.3. Termination by Us. We reserve the right, at our sole discretion, at any time and for any reason, with or without notice, to terminate your participation in the Affiliate Program. In the event of termination due to a breach of the rules (Section 3), all accrued but unpaid rewards will be immediately forfeited. In the case of termination without a breach on your part, we will make a final payment of all legitimately earned rewards within 90 calendar days.

7. LIMITATION OF LIABILITY AND OTHER PROVISIONS

7.1. Limitation of Liability. Our aggregate liability to you under this Agreement is governed by the limitation of liability provisions set out in our Terms of Service.

7.2. Governing Law and Jurisdiction. All disputes arising from this Agreement are governed by the provisions on applicable law and dispute resolution set out in our Terms of Service.

7.3. Changes to the Agreement. We reserve the right to make changes to this Agreement. The current version will always be available on this page. Your continued participation in the Affiliate Program after changes are made constitutes your acceptance of the updated terms.