PeakSend AI Partner Program Agreement
Effective Date: January 27, 2026
This Partner Program Agreement (“Agreement”) governs participation in the PeakSend AI Partner Program and is entered into between PeakSend AI LLC (“PeakSend AI,” “we,” “us,” or “our”) and you (“Partner,” “you,” or “your”). This Agreement applies to all Affiliates, Resellers, and Finders / Introducers and is incorporated by reference into the PeakSend AI Terms of Service.
1. Acceptance and Enrollment
1.1 Binding Agreement by Account Creation
By creating a PeakSend AI account, accessing the Partner Program, or using referral, reseller, introducer, or payout features, you agree to be bound by this Agreement. If you do not agree, you may not participate in the Partner Program.
1.2 Automatic Enrollment
All PeakSend AI users are automatically enrolled in the Partner Program upon account creation, subject to eligibility and compliance with this Agreement.
1.3 Optional Additional Confirmation
PeakSend AI may request additional confirmation of acceptance when enabling referral features, managed accounts, introducer arrangements, or payout methods. Such confirmation supplements, but does not replace acceptance at account creation.
1.4 Notice and Accessibility
This Agreement is available via hyperlink during account creation and within the PeakSend AI platform. Continued use constitutes acceptance.
2. Definitions
Affiliate: A Partner who refers customers through a referral link or tracking mechanism provided by PeakSend AI.
Reseller: A Partner who manages customer accounts or directly bills customers.
Finder / Introducer: A person or entity who provides a direct introduction to PeakSend AI that results in a new enterprise customer relationship.
Managed Account: A customer account administered by a Reseller.
Enterprise Customer: A customer whose subscription, contract, or negotiated arrangement exceeds standard self-serve pricing tiers or otherwise qualifies as an enterprise agreement at PeakSend AI’s discretion.
Qualifying Revenue: Revenue eligible for commissions or other incentive payments under this Agreement.
Commissionable Products: PeakSend AI subscription plans that include AI minutes and usage-based charges.
Excluded Products: CRM, Local Presence, and any products or services not expressly designated as commissionable.
Tracking Window: The period during which a referral may be attributed to a Partner.
Paid Channel: Any paid marketing or acquisition channel, including search ads, social ads, display ads, affiliate ads, retargeting, or other paid media.
Commission: A discretionary incentive payment calculated by PeakSend AI under this Agreement.
Finder Fee: A discretionary incentive payment that PeakSend AI may pay in connection with a qualified enterprise introduction.
3. Partner Roles
3.1 Affiliates
Affiliates earn commissions by referring customers through referral links or tracking mechanisms.
3.2 Resellers
(a) Commission-Based Model
Resellers may charge standard PeakSend AI pricing and earn commissions while managing customer accounts.
(b) Direct-Billing Model
Resellers may bill customers directly (including with a markup) and pay PeakSend AI for usage. In this model, no commissions are paid. Resellers may not insert their own payment method into customer accounts to earn commissions or duplicate compensation.
(c) Double Compensation
Any attempt to obtain commissions while directly billing customers constitutes a material breach and may result in termination, forfeiture or clawback of commissions, suspension of accounts, and other remedies.
3.3 Finders / Introducers
Finders / Introducers may be eligible for a finder fee when they provide a qualified introduction that results in a new enterprise customer relationship, subject to Section 6.11.
3.4 Reseller Compliance Responsibility
Resellers are solely responsible for their customers’ compliance with applicable laws, including TCPA, CAN-SPAM, FTC rules, and data protection laws.
3.5 Independent Contractor Relationship
Partners are independent contractors and have no authority to bind PeakSend AI.
4. Attribution and Tracking
4.1 Attribution Model
PeakSend AI uses a “last paid channel” attribution model:
• If a customer converts through a non-paid channel after clicking an Affiliate link, the Affiliate receives attribution.
• If a customer converts through a Paid Channel, attribution is assigned to the Paid Channel.
• If multiple Affiliate links are clicked, attribution goes to the most recent Affiliate link.
4.2 Tracking Window
Referrals are attributed only if the customer registers within thirty (30) days of the initial referral click.
4.3 Attribution Lock-In
Attribution is locked at sign-up and may not be modified except at PeakSend AI’s discretion.
4.4 Authority of Tracking Systems
PeakSend AI’s tracking systems are the sole authoritative source for attribution and commissions.
4.5 Program Changes
PeakSend AI may modify or discontinue tracking or the Partner Program at any time.
5. Prohibited Conduct
Partners may not:
• Refer themselves or controlled entities
• Engage in fraud, deception, cookie stuffing, misleading marketing, or unauthorized trademark bidding
• Violate any applicable laws or regulations
6. Commission Structure and Tier Qualification
6.1 Eligible Revenue
Commissions apply only to Commissionable Products and are calculated based on revenue actually received by PeakSend AI.
For Affiliates, commissionable revenue for any individual referred customer is capped at the first one thousand seven hundred dollars ($1,700) in revenue per customer per calendar month.
6.11 Enterprise Introducer / Finder Fees
PeakSend AI may, at its discretion, compensate certain Partners or third parties who provide qualified introductions to Enterprise Customers through a finder fee.
A qualified introduction means a direct introduction to a decision-maker at a company that was not:
• an existing PeakSend AI customer
• engaged in active sales discussions with PeakSend AI
• already attributed to another Partner
• already attributed to another marketing channel
Typical finder fees range from five percent (5%) to ten percent (10%) of the first-year contract value of the resulting enterprise agreement.
Finder fees are paid **only as revenue is actually received by PeakSend AI from the enterprise customer**. Payments will be made proportionally as the customer pays their contract or subscription obligations to PeakSend AI, including month-to-month payments or installment billing arrangements.
Finder fees therefore accrue and are paid based on amounts **actually paid by the customer**, not based on contracted or projected revenue.
All finder fee arrangements must be approved by PeakSend AI and are not automatic or guaranteed.
6.11.1 Compliance Responsibility of Finders
The Finder / Introducer represents and warrants that any introduction and any compensation received under this Agreement complies with all applicable laws, regulations, contractual obligations, and the policies of the introduced organization. The Finder is solely responsible for determining whether receipt of a finder fee is permitted under such laws, agreements, or policies. PeakSend AI will not be responsible for verifying compliance with any internal policies or restrictions of the introduced organization.
The Finder agrees to indemnify and hold harmless PeakSend AI from any claims, damages, liabilities, or expenses arising from a breach of the foregoing representation.
6.12 Anti-Circumvention
PeakSend AI agrees that it will not intentionally circumvent a Finder / Introducer for the purpose of avoiding a finder fee when a qualified introduction directly results in a new enterprise customer relationship. This provision does not apply where the prospective customer was already known to, contacted by, or in active discussions with PeakSend AI prior to the introduction.
7. Payment Terms
7.1 Payment Schedule
PeakSend AI intends to initiate payouts on the eighth (8th) day of each month for qualifying revenue received during the prior month, without guarantee.
7.2 Holdbacks and Delays
Payments may be delayed or withheld due to refunds, fraud risk, compliance reviews, disputes, or unresolved qualification issues.
7.3 No Guaranteed Timing
Payment timing is not guaranteed.
7.4 Clawbacks
PeakSend AI may claw back commissions or finder fees arising from violations, refunds, disputes, or erroneous payments.
8. Taxes
Partners are independent contractors and responsible for their own taxes.
9. Modification and Termination
PeakSend AI may modify or terminate the Partner Program or this Agreement at any time.
10. Intellectual Property and Branding
Partners receive a limited, revocable license to use approved PeakSend AI branding solely for participation in the Partner Program.
11. Disclaimer and Limitation of Liability
PeakSend AI does not guarantee commissions, finder fees, or revenue.
12. Indemnification and TCPA Compliance
Partners are responsible for obtaining legally valid consent for communications including AI-generated or automated calls.
13. Governing Law and Dispute Resolution
13.1 Informal Dispute Resolution
Before initiating arbitration, the parties agree to attempt to resolve any dispute arising from this Agreement through good-faith negotiations for a period of thirty (30) days after written notice of the dispute.
13.2 Arbitration
If the dispute cannot be resolved during the informal resolution period, the dispute shall be resolved through binding arbitration in Salt Lake City, Utah under the rules of the American Arbitration Association.
13.3 Jury Trial and Class Action Waiver
Partners waive any right to a jury trial and agree that disputes will be resolved on an individual basis.
14. Force Majeure
PeakSend AI is not liable for failures caused by events beyond reasonable control.
15. Survival and Severability
If any provision is invalid, the remaining provisions remain in effect.
16. Miscellaneous
This Agreement constitutes the entire agreement regarding the Partner Program.