SmallERP Affiliate Agreement

Draft of 26 September 2026, for legal review before the first payout. Placeholders are in [square brackets].

This agreement is between Gitspark Technologies LLC ("SmallERP", "we", "us") and you, the agency that joins the SmallERP Affiliate Program ("you"). By sharing your referral link, or accepting these terms in the product, you agree to them.

1. The program

1.1 Any agency with an active SmallERP account in good standing can join. Your referral code and link appear on the Refer & earn page of your account.

1.2 You earn commission when another agency signs up to SmallERP through your link and pays for a subscription, as set out in section 3.

1.3 You are an independent party. Nothing in this agreement makes you our employee, agent, partner or franchisee. You may not make promises, sign contracts or accept payment on our behalf.

2. Referrals

2.1 How a referral counts. A referral counts when a new agency:

• visits SmallERP through your link;
• signs up within 60 days of that visit; and
• has not clicked another affiliate's link since.

The last link clicked before signup wins.

2.2 What does not count. A referral does not count if the agency:

• already had a SmallERP account;
• signed up before clicking your link; or
• is you, a company you control, a business under common ownership with you, or anyone using your payment card or email domain.

2.3 Our records decide. Our records decide who referred an agency. If we find a referral was attributed wrongly, we may reassign it, and we will tell you if a commission you were shown changes.

2.4 The referred agency's trial. An agency that signs up through your link gets a 60-day free trial instead of the standard 14 days. Everything else about its account is our standard terms.

3. Commission

3.1 Rate. You earn 40% of each subscription payment we receive from an agency you referred. That covers its plan and any subscription add-ons. Amounts are net of taxes, refunds and chargebacks.

3.2 What earns nothing. No commission is earned on:

• wallet top-ups or AI usage;
• one-time services, setup work or branded app builds;
• payments made by any agency other than the one you referred, including that agency's own clients.

3.3 Duration. Commission is earned on every qualifying payment for as long as the referred agency keeps paying, and for as long as your own account is active and in good standing.

3.4 Hold. A commission is held for 30 days after the payment it comes from, to cover refunds and chargebacks. After that it is approved.

3.5 Refunds and chargebacks. If a payment is refunded or charged back, its commission is cancelled. If that commission was already paid, the amount is deducted from your next payout.

3.6 Changes. We may change the commission rate or the program with 30 days' notice in the product or by email. Changes do not affect commission already earned.

4. Payouts

4.1 When. We pay approved commission monthly, once your approved balance is at least USD 50. A balance under that carries over to the next month.

4.2 How. Payouts are made by [bank transfer / Wise / PayPal] to the details you give us. You must give accurate payout details and any tax forms we reasonably request before we can pay you.

4.3 Currency. Commission is calculated and paid in USD. You bear any conversion or receiving fees on your side.

4.4 Taxes. You are responsible for your own taxes on commission you receive.

4.5 Unclaimed commission. Commission that cannot be paid within 12 months because you have not given payout details may be forfeited.

5. How you may promote SmallERP

5.1 Be accurate. Describe SmallERP accurately. Do not promise features, prices, discounts or results we do not offer.

5.2 What you must not do:

• send unsolicited email or messages (spam), or break anti-spam, privacy or consumer laws;
• bid on "SmallERP", "Small ERP" or any misspelling of our name in paid search, or use our name in a domain, social handle or app name;
• present yourself as SmallERP or as our official partner, unless we have agreed that in writing;
• use cookie stuffing, forced clicks, hidden links, incentivised clicks or any other way of placing your link without a real visit;
• offer cash back, rebates or part of your commission to the agencies you refer, unless we have agreed that in writing;
• promote SmallERP on sites with illegal, hateful, adult or misleading content.

5.3 Brand use. You may use the brand materials we provide, as provided. We may ask you to change or remove any promotion, and you agree to do so promptly.

6. Ending the agreement

6.1 Leaving. You may leave the program at any time.

6.2 Our right to end it. We may end your participation at any time, with notice.

• If we end it for a reason other than a breach of this agreement, we pay any approved commission, and commission that becomes approved within the following 30 days.
• If you breach section 2.2 or section 5, or act fraudulently, we may end your participation immediately and withhold all unpaid commission.

6.3 Closed account. When your SmallERP account is closed or suspended for non-payment, you stop earning commission from that date.

7. General

7.1 Liability. Our total liability under this agreement is limited to the commission paid to you in the 12 months before the claim. We are not liable for indirect or consequential loss. We do not promise that the program, the product or your referral tracking will always be available or error-free.

7.2 Confidentiality. Keep confidential any non-public information we share with you through the program, including the referred agencies' details, which you may only use to support those agencies.

7.3 Personal data. Each of us handles personal data under the laws that apply to it. You must not use referred agencies' personal data for anything other than this program.

7.4 Changes to these terms. We may update this agreement with 30 days' notice. Continuing to take part after that means you accept the change.

7.5 Governing law. This agreement is governed by the laws of [jurisdiction], and disputes go to the courts of [venue].

7.6 Entire agreement. This is the whole agreement about the program. Our Terms of Service also apply to your SmallERP account.